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ROOM 443

l^TYi-

ACTS

RESOLVES

PASSED BY THE

(General Court of Ma&^atf^mttt^

IN THE YEAR

1935

TOGETHER WITH

RETURNS OF VOTES UPON QUESTIONS SUBMITTED TO VOTERS,
TABLES SHOWING CHANGES IN THE STATUTES, ETC.

PUBLIf^HED BY THE

SECRETARY OF THE COMMONWEALTH

BOSTON

THE JORDAN & MORE PRESS

1935

ACTS AND RESOLVES

MASSACHUSETTS

1935

([^^ The General Court, which was chosen November 6, 1934,'assenibled on
Wednesday, the second day of January, 1935, for its first annual session.

The oaths of office were taken and subscribed by His Excellency James M.
CuELEY and His Honor Joseph L. Hurley on Thursday, the third day of
January.

ACTS.

An Act authorizing the town of marblehead to lay fhnj)

OUT AND CONSTRUCT A PUBLIC WAY OVER A PORTION OF ^'

WATERSIDE CEMETERY IN SAID TOWN.

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

Section 1. The town of Marblehead, in laying out
and constructing a pubHc way between Jersey street and
the junction of Green and Beacon streets therein, is hereby
authorized to lay out and construct said way upon a portion
of Waterside Cemetery, said portion being a strip of not
exceeding ten feet along the entire length of the south-
easterly side of said cemetery.

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

Approved January 22, 1935.

An Act placing the office of chief of police of the
town of millis under the civil service laws.

Be it enacted, etc., as follows:

Section 1. The office of chief of police of the town of
Millis shall, upon the effective date of this act, become
subject to the civil service laws and rules and regulations
relating to the appointment and removal of poHce officers
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 Arthur F. Scholl, 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 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-five, entitled
'An Act placing the office of chief of police of the town of
Milhs 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 January 28, 1935.

Chap.

Acts, 1935. — Chap. 3.

Chap.

Emergency
preamble.

3 An Act establishing the basis of apportionment of
state and county taxes.

Whereas, The deferred operation of this act would cause
great inconvenience in the determination of local tax rates,
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 number of polls, the amount of property and the
proportion of every thousand dollars of state tax, including
polls at one tenth of a mill each, for each city and town in
the several counties of the commonwealth, as contained in
the following schedule, are hereby established, and shall
constitute a basis of apportionment for state and county
taxes until another is made and enacted by the general
court, to wit: —

Polls, Property and Apportionment of State and
County Tax of $1,000.

BARNSTABLE COUNTY.

Tax of $1,000,

Cities and Towns.

PoUs.

Property.

including Polls
at one tenth
of a mill each.

Barnstable

2,742

S24,288,596

$3 27

Bourne .

1,033

10,104,730

1 35

Brewster

232

2,254,434

Chatham

673

6,060,832

Dennis .

659

3,613,299

Eastham

205

1,250,808

Falmouth

2,091

21,990,396

2 92

Harwich

783

6,.307,873

Mashpee

121

917,719

Orleans .

484

3,811,303

Provincetown

1,196

4,457,839

Sandwich

458

2,815,373

Truro .

170

1,591,876

Wellfleet

306

2,080,124

Yarmouth

642

5,029,136

Totals

11,795

$96,574,338

$13 09

BERKSHIRE COUNTY.

Adams ....

3,613

$10,792,259

$1 69

Alford ....

303,405

Becket ....

254

916,067

Cheshire

493

1,441,828

Clarksburg

435

812,904

.. 14

Dalton ....

1,309

8,436,518

1 17

Acts, 1935. — Chap. 3.

BERKSHIRE COUNTY — Concluded.

Tax of $1,000.

Cities and Towns.

Polls.

Property.

including Polla
at one tenth
of a mill each.

Egremont

186

$974,871

$0 14

Florida .

139

1,455,937

Great Barrington

1,965

9,414,781

1 36

Hancock

133

453,935

Hinsdale

382

1,012,421

Lanesborough

377

1,255,905

Lee

1,263

5,199,817

Lenox

964

6,712,781

Monterey

118

864,606

Mount Washington

225,191

New Ashford .

158,547

New Marlborough

311

1,399,771

North Adams .

6,503

24,522,658

3 68

Otis

141

592,621

Peru

312,590

Pittsfield

14,390

64,856,706

9 44

Richmond

220

773,723

Sandisfield

169

701,124

Savoy

127

200,424

Sheffield

548

1,516,631

Stockbridge

685

5,548,116

Tyringham

500,982

Washington

220,773

West Stockbridge

361

1,312,691

Williamstown .

1,414

8,103,821

1 14

Windsor

122

504,895

Totals

36,972

$161,499,299

$23 61

BRISTOL COUNTY.

Acushnet

1,173

$3,580,356

$0 56

Attloboro

6,726

26,500,139

3 94

Berkley .

335

864,130

Dartmouth

2,840

11,900,714

1 75

Dighton

907

3,836,684

Easton .

1,791

5,645,645

Fairhaven

3,275

11,665,456

1 77

Fall River

34,313

114,257,-342

17 53

Freetown

540

1,472,811

Mansfield

2,087

7,727,072

1 16

New Bedford .

33,536

125,227,296

18 80

North Attleborough

3,274

10,383,858

1 61

Norton .

849

2,383,997

Raynham
Rchoboth

602

1.845,817

860

2,513,4.53

Seekonk

1,358

5,121,696

Somerset

1,668

13,033,059

1 77

Swansea

1,332

4,648,350

Taunton

11,016

37,747,185

5 76

Westport

1,352

5,856,596

Totals

109,894

$396,211,656

$59 88

Acts, 1935. — Chap. 3.

county of dukes county.

Tax of 81,000,

Cities and Towns.

Polls.

Property.

including PoUs
at one tenth
of a mill each.

Chilmark

$709,010

$0 10

Edgartown

445

4,965,719

Gay Head

147,555

Gosnold .

1,385,000

Oak Bluffs

560

5,335,023

Tisburv .

498

5,645,951

West Tisbury

913,580

Totals

1,790

$19,101,838

$2 54

ESSEX COUNTY.

Amesbury

3,303

$9,815,557

$1 54

Andover

3,150

18,884,941

2 65

Beverly .

8,035

45,895,474

6 47

Boxford .

235

1,516,627

Danvers

3,457

14,163,373

2 09

Essex

530

2,019,404

Georgetown

634

2,008,318

Gloucester

7,767

41,402,594

5 89

Groveland

736

1,662,-553

Hamilton

692

6,016,008

Haverhill

14,910

57,045,222

8 53

Ipswich .

1,815

7,045,589

1 05

Lawrence

25,310

106,559,876

15 68

Lynn

31,132

145,888,476

21 11

Lynnficld

612

4,035,834

Manchester

877

12,266,880

1 60

Marblchead

3,228

20,689,698

2 88

Merrimac

752

1,.539,185

Methuen

6,365

20,366,021

3 15

Middloton

462

2,155,927

Nahant .

660

6,2.52,371

Newbury

519

2,220,924

Newl)uryport

4,445

13,373,451

2 09

North Andover

2,288

9,383,269

1 39

Peabody

6,880

24,530,289

3 72

Kockport

1,353

6,075,539

Rowley

487

1,503,696

Salem

12,416

61,142,467

8 79

Salisbury

802

3,, 54 1,5 12

Saugus .

4,787

15,713,8.54

2 42

Swamnscott

3,304

27,268,-571

3 69

Topsfield

364

4,012,594

Wenham

393

4,011,097

West Newbury

458

1,513,561

Totals

153,164

$701,520,752

$101 88

Acts, 1935. — Chap. 3.

franklin county.

Cities and Towns.

Polls.

Property.

Tax of $1,000,

including Polls

at one tenth

of a mill each.

Ashfield .

Bernardston

Buckland

Charlemont

Colrain .

Conway .

Deerfield

Erving .

Gill

Greenfield

Haw ley .

Heath

Leverett

Leyden .

Monroe .

Montague

New Salem

Northfield

Orange .

Rowe

Shelburne

Shutesbury

Sunderland

Warwick

Wendell .

Whately

Totals

309
294
495
296
499
309
913
377
318
5,030
107

98
208

2,308

161

62S

1,767

94
526

74
324
132
116
347

$1,311,918

956,704

3,096,637

1,204,352

1,548,080

1,007,778

4,083,436

2,251,699

935,708

29,813,607

250,033

400,137

506,057

301,431

1,262,899

10,397,227

476,257

2,044,050

5,257,129

776,432

3,021,212

453,636

1,210,785

382,963

1,014,141

1,158,881

15,915

$75,123,189

19
15

43
18
24
16
60
32
15
18
04
06
08
05
17
51
07
31
83
11
43
06
18
06
14
18

$10 88

HAMPDEN COUNTY.

Agawam

2,198

$9,736,254

$1 42

Blandford

152

851,8.58

Brimfield

319

963,058

Chester .

478

1,4.58,554

Chicopee

11,329

42,446,529

6 37

East Longmeadow

1,038

4,025,347

Granville

228

2,015,693

Hampden

296

706,200

Holland .

214,411

Holyoke

16,473

90,893,212

12 86

Longmeadow .

1,523

13,105,622

1 77

Ludlow .

2,197

8,531,062

1 27

Monson .

1,155

3,590,617

Montgomery .

301,711

Palmer .

2,669

8,564,981

1 32

Russell .

382

4,464,829

Southwick

472

2,250,633

Springfield

43,947

306,672,889

42 23

Tolland .

402,469

Wales

137

378,361

West Springfield

5,143

26,244,480

3 75

Westfiold

5,729

19,874,1.58

3 02

Wilbraham

844

3,109,.577

Totals

96,893

$550,802,. 505

$77 62

Acts, 1935. — Chap. 3.

hampshire county.

Tax of $1,000,

Cities and Towns.

PoUs.

Property.

including Polls
at one tenth
of a mill each.

Amherst

1,859

$10,144,491

$1 44

Belchertown

701

1,573,920

Chesterfield

156

680,450

Cummington

195

557,488

Easthampton

3,105

10,497,268

1 61

Enfield .

183

457,048

Goshen .

365,673

Granby .

329

1,005,790

Greenwich

603,163

Hadley .

743

3,028,755

Hatfield .

711

2,731,693

Huntington

450

1,013,236

Middlefield

321,631

Northampton

6,053

28,352,152

4 10

Pelham .

155

753,185

Plainfield

102

353,522

Prescott

26,012

South Hadley

2,000

9,033,148

1 31

Southampton

299

1,006,746

Ware

2,383

5,421,078

Westhampton

119

411,400

Williamsbiu-g

556

1,231,024

Worthington

172

652,289

Totals

20,529

$80,221,162

$11 95

MIDDLESEX COUNTY.

Acton ....

873

$4,116,517

$0 60

Arlington

11,878

62,778,463

8 93

Ashby .

355

1,044,572

Ashland .

763

2,958,051

Ayer

929

3,685,717

Bedford .

555

2,929,-301

Belmont

7,263

51,493,324

7 08

Billerica

2,095

9,853,115

1 43

Boxborough

134

375,037

Burlington

625

2,521,831

Cambridge

32,733

196,554,808

27 52

Carlisle .

235

1,112,623

Chelmsford

2,293

7,107,516

1 11

Concord .

1,989

10,614,011

1 51

Dracut .

1,922

4,126,021

Dunstable

141

465,184

Everett .

14,153

75,943,336

10 79

Framingham

6,592

37,316,726

5 26

Groton .

835

5,615,291

HoUiston

905

4,025,305

Hopkinton

813

3,037,636

Hudson .

2,552

7,228,465

1 15

Lexington

3,326

23,247,085

3 20

Lincoln .

512

3,510,696

Littleton

556

3,032,768

Lowell

27,359

110,546,594

16 38

Acts, 1935. — Chap. 3.

MIDDLESEX COUNTY — Concluded.

Tax of $1,000,

Cities and Towns.

PoUs.

Property.

including Polls
at one tenth
of a mill each.

Maiden ....

17,540

$74,147,773

$10 90

Marlborough

4,956

16,796,903

2 57

Maynard

2,399

6,974,281

1 10

Medford

18,249

83,506,372

12 13

Melrose .

7,299

39,434,535

5 60

Natick .

4,411

21,324,136

3 07

Newton .

19,504

167,301,170

22 59

North Reading

677

2,652,467

Pepperell

948

3,103,862

Reading

3,200

17,125,038

2 43

S her born

345

2,511,648

Shirley .

646

2,102,089

Somerville

30,862

122,288,229

18 17

Stoneham

3,279

15,198,900

2 20

Stow

390

1,497,471

Sudbury

487

3,027,593

Tewksbury

946

4,605,585

Townsend

647

2,600,179

Tyngsborough

440

1,652,468

Wakefield

5,046

22,257,445

3 25

Waltham

11,464

59,728,360

8 52

Watertown

10,767

56,246,222

8 02

Wayland

949

6,294,521

Westford

1,068

4,458,384

Weston .

1,352

10,554,209

1 44

Wilmington

1,246

4,412,259

Winchester

3,854

32,855,092

4 44

Woburn .

5,938

21,821,641

3 29

Totals

281,295

$1,441,718,825

$206 02

NANTUCKET COUNTY.

Nantucket

1,218

$13,149,697

$1 74

Totals

1,218

$13,149,697

$1 74

NORFOLK COUNTY.

Avon ....

725

$1,985,440

$0 32

Bellingham

910

2,548,844

Braintree

4,980

28,785,745

4 05

Brookline

12,931

165,924,500

21 76

Canton .

1,754

9,173,244

1 31

Cohasset

1,032

10,670,224

1 42

Dedhara

4,561

26,424,812

3 72

Dover

426

5,276,539

Foxborough

1,440

6,011,992

Franklin

2,256

9,606,739

1 41

Holhrook

1,000

3,529,479

Medfield

744

2,757,392

Acts, 1935. — Chap. 3.

NORFOLK COUNTY — Concluded.

Tax of $1,000,

Cities and Towns.

Polls.

Property.

including Polls
at one tenth
of a mill each.

Med way

980

S3,504,641

$0 53

Millis .

646

3,427,864

Milton

5,383

38,777,417

5 32

Needham

3,619

25,942,164

3 56

Norfolk .

417

1.667,516

Norwood

4,784

27,145,060

3 83

Plainville

511

1,653,844

Quincy .

22,948

130,982,970

18 46

Randolph

1,910

6,164,390

Sharon

1,143

6,503,801

Stoughton

2,593

9,584,997

1 44

Walpole .

2,281

15.459,028

2 14

Wellesley

3,525

40,516,841

5 35

Westwood

815

5,371,615

Weymouth

6,808

49,677,156

6 81

Wrentham

763

3,844,339

Totals

91,885

$642,918,593

$88 53

PLYMOUTH COUNTY.

Abington

1,831

$5,983,883

$0 92

Bridgewater .

2,043

5,979,292

Brockton

20,119

80,020,975

11 88

Carver .

525

3,188,745

Duxbury

748

7,393,436

East Bridgewater

1,165

5,387,198

Halifax .

264

1,492,251

Hanover

887

3,953,481

Hanson .

785

2,843,908

Hingham

2,057

16,099,731

2 19

Hull

941

18,720,207

2 40

Kingston

923

4,483,307

Lakeville

505

1,424,772

Marion .

574

5,366,763

Marshfield

631

7,928,706

1 04

Mattapoisett .

562

4,036,617

Middleborough

2,732

9,440,403

1 44

Norwell

550

2,134,378

Pembroke

545

2,9.52,122

Plymouth

4,301

26,153,489

3 66

Plympton

199

758,378

Rochester

406

1,353,334

Rockland

2,560

8,542,480

1 31

Scituate .

1,361

13,149,772

1 76

Wareham

2,249

13,251,879

1 86

West Bridgewater

1,026

3,161,259

Whitman

2,435

8,703,040

1 32

Totals

52,924

$263,903,806

$37 86

Acts, 1935. —Chap. 3.
suffolk county.

Cities and Towns.

Polls.

Property.

Tax of $1,000.

including Polls

at one tenth

of a mill each.

Boston ....
Chelsea ....
Revere ...
Winthrop

240,916

12,851

9,851

5,397

$1,861,089,890
50,860,851
38,032,446
2.5,611,026

$253 72
7 56
5 68
3 70

Totals

269,015

$1,975,594,213

$270 66

WORCESTER COUNTY.

Ashburnham .

690

$1,764,207

$0 29

Athol .

3,331

11,806,947

1 79

Auburn .

1,923

6,307,138

Barre

1,130

3,186,361

Berlin

348

1,072,282

Blackstone

1,072

2,414,543

Bolton .

271

1,152,067

Boylston

382

950,680

Brookfield

410

1,417,098

Charlton

695

1,907,350

Clinton .

3,421

11,910,562

1 81

Dana

136

488,307

Douglas .

676

1,960,423

Dudley .

1,267

3,4.53,978

East Brookfielc

308

1,159,871

Fitchburg

12,315

53,721,118

7 86

Gardner

5,949

24,071,973

3 56

Grafton .

1,704

4,648,260

Hardwick

751

1,833,293

Harvard

356

2,600,092

Holden .

1,160

3,-378,038

Hopedale

976

8,498,780

1 15

Hubbardston

362

781,981

Lancaster

710

3,503,782

Leicester

1,225

3,453,742

Leominster

6,699

28,081,725

4 13

Lunenlnu-g

666

2,322,446

Mendon

400

1,373,-598

Milford .

4,360

15,8.52,783

2 39

Millbury

2,094

6,241,121

Millville

583

1,072,005

New Braintree

158

522,920

North Brookfield

961

2,488,891

Northl:)orough

655

2,108,465

Northbridgc .

3,116

10,074,770

1 55

Oakham

154

451,309

Oxford .

1,277

3,162,907

Paxton .

243

976,903

Petersham

227

1,556,0.34

PhiUipston

123

401,220

Princeton

249

1,329,947

Royalston

274

8-56,710

Rutland

563

1,3-52,257

Shrewsbury

2,082

9,449,091

1 37

Southborough

669

3,839,873

Acts, 1935. — Chap. 3.

WORCESTER COUNTY — Concluded.

Tax of Sl.OOO,

Cities and Towns.

Polls.

Property.

including Polls
at one tenth
of a mill each.

Southbridge .

4,673

$10,867,870

$1 81

Spencer .

2,083

4,539,024

Sterling .

506

1,988,930

Sturbridge

627

1,413,655

Sutton .

688

1,793,420

Templeton

1,227

3,306,220

Upton

6.56

1,468,848

Uxbridge

1,932

8,368,263

1 23

Warren .

1,123

2,.599,728

Webster

4,031

11,048,452

1 77

West Boylston

613

2,303,435

West Brookfield

420

1,470,146

Westborough .

1,.331

4,869,972

Westminster .

532

1,784,166

Winchendon .

2,045

5,741,929

Worcester

57,771

326,016,713

46 00

Totals

147,379

$640,538,625

$93 74

RECAPITULATION.

Tax of $1,000,

Counties.

PoUs.

Property.

including Polls
at one tenth
of a mill each.

Barnstable

11,795

$96,574,338

$13 09

Berkshire

36,972

161,499,299

23 61

Bristol

109,894

396,211,656

59 88

Dukes .

1,790

19,101,838

2 54

Essex

1.53,164

701,520,752

101 88

Franklin

15,915

75,123,189

10 88

Hampden

96,893

550,802,505

77 62

Hampshire

20,529

80,221,162

11 95

Middlesex

281,295

1,441,718,825

206 02

Nantucket

1,218

13,149,697

1 74

Norfolk .

91,885

642,918,593

88 53

Plymouth

52,924

263,903,806

37 86

Suffolk .

269,015

1,975,.594,213

270 66

Worcester

147,379

640,538,625

93 74

Totals

1,290,668

$7,058,878,498

$1,000 00

Approved January 29, 1935.

Acts, 1935. — Chaps. 4, 5. 13

An Act further extending the period of operation of QJi^j) a

CERTAIN LAWS AUTHORIZING DOMESTIC CORPORATIONS TO
CONTRIBUTE TO CERTAIN FUNDS FOR THE BETTERMENT OF
SOCIAL AND ECONOMIC CONDITIONS.

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

Be it enacted, etc., as follows:

Chapter eight of the acts of nineteen hundred and thirty-
three is hereby amended by striking out section three, as
amended by chapter nine of the acts of nineteen hundred and
thirty-four, and inserting in place thereof the following: —
Section 3. This act shall become inoperative at the ex-
piration of three years from its effective date.

Approved February 8, 1935.

Chap.

for deer.
Penalty.

An Act relative to the open season on deer in
nantucket county,

Be it enacted, etc., as follows:

Section 1. Section one hundred and nine of chapter g. l. (Xer.
one hundred and thirty-one of the General Laws, as most f'\o9,^etc..
recently amended by section two of chapter one hundred amended.
and ninety-two of the acts of nineteen hundred and thirty-
three, is hereby further amended by striking out, in the
fifth line, the words "Nantucket and", — so as to read as
follows : — »Sed2on 109. Subject to the restrictions and open season
provisions hereinafter contained, any person duly author-
ized to hunt in the commonwealth may hunt a deer, by the
use of a shotgun or bow and arrow, in all counties except
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-
vation subject to section one hundred and fourteen except
as provided therein. No person shall make, set or use any

Acts, 1935. — Chap. 6.

G.L. (Ter.
Ed.), 131.
§ 112, etc.,
amended.

Hunting of
birds or
mammalB,
regulated.

Additional
open season
on deer in
Nantucket
county in the
current year.

trap, torch light or jack light, salt lick or other device for
the purpose of ensnaring, enticing, taking, injuring or
killing 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 2. Section one hundred and twelve of said
chapter one hundred and thirty-one, as most recently
amended by section three of said chapter one hundred and
ninety-two, is hereby further amended by striking out, in
the second line, the words "Nantucket or", — so as to read
as follows: — Section 112. No person shall in any county
except Barnstable between one half hour before sunrise on
the first Monday in December and one half hour after sun-
set 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 contiol, 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 contiol, on any highway, any such firearm or dog.

Section 3. There shall be an open season on deer in
Nantucket county in the current year between one half
hour before sunrise and one half hour after sunset of each
day beginning with February eleventh and ending with
February sixteenth, in addition to the regular open season
provided by said section one hundred and nine, as amended
by this act, and all the restrictions and provisions contained
in said sections one hundred and nine and one hundred and
twelve, as respectively amended by this act, shall apply
during the open season established by this section.

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

Approved February 8, 1935.

Chap. 6 An Act placing the office of chief of police of the

TOWN OF DEERFIELD UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of chief of police of the town
of Deerfield shall, upon the efi"ective date of this act, be-
come subject to the civil service laws and rules and regula-
tions relating to the appointment and removal of police
officers in towns, and the tenure of office of any incumbent
thereof shall be unlimited, except that he may be removed

Acts, 1935. — Chap. 7. 15

in accordance with such laws and rules and regulations;
provided, however, that the present incumbent 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-five,
entitled 'An Act placing the office of chief of police of the
town of Deerfield under the civil service laws', be ac-
cepted?" 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, 1935.

An Act authorizing the appointment in the town of Qj^ij) 7

WEST SPRINGFIELD OF A TOWN PHYSICIAN.

Be it enacted, etc., as follows:

Section 1. The board of health of the town of West
Springfield may, annually in April, appoint a registered
physician to be the town physician of said town, who shall
serve for one year from May first following his appoint-
ment and until the qualification of his successor. Said
town physician shall receive such compensation as the town
may annually vote at its annual town meeting, and such
appointment shall not bar him from the general practice of his
profession. All medical services furnished by the town to
indigent persons resident or commorant therein shall be
performed by said town physician. The appointment
herein authorized shall be in addition to that authorized
by section twenty-seven of chapter one hundred and eleven
of the General Laws.

Section 2. This act shall be submitted for acceptance
to the registered voters of said town present and voting
thereon by ballot in their respective precincts at the annual
town meeting in the current year in the form of the follow-
ing question, which shall be placed on the official ballot
to be used for the election of the town officers at said elec-
tion:— "Shall an act passed by the general court in the
year nineteen hundred and thirty-five entitled 'An Act
authorizing the appointment in the town of West Spring-
field of a town physician', be accepted?" If a majority of
the votes cast thereon are in the affirmative, this act shall
thereupon take effect, but not otherwise.

Approved February 15, 1935.

Acts, 1935. — Chap. 8.

Chap. 8

Emergency
preamble.

Certain

corporations

dissolved.

An Act dissolving certain corporations.

Whereas, It is necessary that certain delinquent and
other corporations be dissolved in the current year, there-
fore 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. Such of the following named corporations
as are not already legally dissolved are hereby dissolved,
subject to the provisions of sections fifty-one, fifty-two and
fifty-six of chapter one hundred and fifty-five of the Gen-
eral Laws : —

A. A. Coburn Company, The, A. Anastasi Plastering
Company, Inc., A & P Construction Co. Inc., A & S Lunch-
eonette, Inc., A. Atkins & Son Inc., A. C. Kiley Company,
Inc., A. C. Peters Co., Inc., A. C. Stone Hardware Co.,
A. De Stefano & Son, Inc., A. E. Little Company, A. H.
Morrison & Sons Company, A. H. Weeks Co., Inc., A.
J. Anderson, Incorporated, A, J. Beaumier Sons, Inc.,
A. J. Brown & Co., Inc., A. J. Sansone, Inc., A. J. Steb-
bins & Sons, Inc., A. L. Dargis Co., Inc., A. M. Davis Co.,
The, A. N. Nobis Company, Inc., A. R. Hopkins Corpora-
tion, A. R. Metcalfe Company, The, A. S. Campbell Co.,
A. S. Gurney Co., A. T. Hart Co., Abbott-Jones Co.,
Abbott Sales Corporation, Abell Drive Company, Inc.,
Accounting Systems Corporation, Acme Construction
Corporation, Acushnet Drug Co., Inc., Adair Sales Co.
Inc., Adams Distributing Co., Adams Shoe Company,
Advertising Stores Association, Inc., Aeronautical Service
Incorporated, Aerotype, Inc., Aetna Mills Realty Com-
pany, Agriculture Sales Company, Alba Metal Products
Company, Albany Cash Market, Incorporated, The, Albert
Winslow Company, Albion Flower Shop, Inc., Alcoholic
Beverage Dealers Association of Massachusetts, Inc., The,
Alden Knit Mills Incorporated, Alden Paper Company,
Alert Motor Sales, Inc., Alford Bros., Inc., Algonquin En-
graving Company, Allen Engineering Sales Company,
Allied Florists of New England, Inc., Allison Realty and
Mortgage Corporation, Alton Rubber Company, Amalga-
mated Booking Exchange, Inc., Amalgamated Leather
Companies Inc. of Massachusetts, Amazon Oil Company,
American Beef Co., Inc., American Cake Company, Ameri-
can Candy Corporation, American Combustion Equip-
ment Co., American Consumers Service, Inc., American
Cranberry Products Co., American Diesel Truck Corpora-
tion, American Dry Plate Company, The, American High-
ways Association, Inc., American Home Owners Service
Bureau, Inc., American Law and Collection Agency, Inc.,
American Markets, Inc., American Powder Company,
American Sales Corporation, American Theatre Company

Acts, 1935. — Chap. 8. 17

of Danvers, American Tile & Rubber Company, American
Utilities Corporation, American Waste & Wool Exchange
Company, Inc., Amesbury Shoe Co., Inc., Amherst Cor-
poration, The, Amine Corporation, The, Amsterdam Cafe,
Inc., Anastos Bros., Inc., Ancona Realty Company, The,
Andover Machine Co., Andrew Howarth & Son, Incor-
porated, Andrew Square Terminal Corporation, Andrews-
Jenne Motor Co., Inc., Ann Howe Shoes, Inc., Anzac Com-
pany, Appleton & Thurlow, Inc., Arch Aid Shoe Shop,
Inc., Arhngton Steam Laundry Co. Inc., Armand Spe-
cialty Shops, Inc., Armenian American Markets, Incor-
porated, Arnold Hartmann, Inc., Aro Products Company,
Inc., Arrow Battery Products Company, Arrowhead Con-
struction Corporation, Art Home Construction Company,
Art Stone Trucking Company, The, Arthur E. Chfford
Corp., Arvedon Investment Co. Inc., Asbestos and Rubber
Products Corporation, Ashmont Coal & Coke Company,
Ashton-de Veer Inc., Aspinwall & Harding, Inc., Aspin-
wall Drug Company, Inc., Assabet Country Club, Inc.,
Assets Corporation, Assets Liquidating Company, Asso-
ciated Packing Company, Inc., Athol Improvement Com-
pany, Athol-Orange Farmers Cooperative Exchange, Atkins
& Company, Inc., Atkinson-Shawmut Co., Atlantic Air-
ways Inc., Atlantic Chair Company, Atlantic Distributors,
Inc., Atlantic Moving Corporation, Atlantic Rubber Com-
pany, Atlantic Smoked Fish Co., Inc., Atlantic Smoked
Fish Corporation, Atlas Amusement Co., Inc., Atlas Radio
Co. Inc., Atlas Terminal Stores, Inc., Atlasta Shoes, Inc.,
Aubin Transfer Corporation, Austen's, Inc., Auto Radiator
& Supply Corp., Automatic Combustion Engineering Co.,
Automatic Gas Valve Company, Automotive Mainte-
nance Co., Avery & Woodbury Co., Avery-Ogston, Inc.,
Avon Shoe Corporation, Axlo Company, Ayers-Lyon
Corporation.

B. A, Banks Company, The, B & B Transportation Co.,
B. & L. Realty Company Inc., B. I. P. of N. E. Inc., B. W.
Brown Grain Company, Babbitt, Manwaring Foundation
Inc., The, Babcock-Laird Co., Baby Furniture Shop, Inc.,
The, Baby-Maid Products, Inc., Back Bay Finance Com-
pany, Baird Lumber Company, Baker Cabinet Company,
Inc., Balfour Importing Company, Balfour Motor Co.,
Bancroft Beverage, Inc., Bancroft Steel Company, Band
Box Dry Cleansing Units, Inc., The, Bankers Grill, Inc.,
The, Barbara Laundry Stores, Inc., Bardu Products Inc.,
Barger's Furniture Store, Inc., Barnard, Clogston & Com-
pany, Inc., Barnett's, Inc., Barney, Capen & Denham
Company, Batchelder Mill, The, Baxter Drug, Inc., Bay
State Mushroom Co., Bay State Stevedoring Company,
The, Bayside Motors Incorporated, Bazos Bros. Cafeteria
Incorporated, Beach- Wetmore Company, Beacon Auto
Sales, Inc., Beacon Burner Manufacturing Corp., Beacon
Coat Manufacturing Company, Beacon Dye House, Inc.,
Beacon Electric Supply Company, Beacon Enameled

18 Acts, 1935. — Chap. 8. '

Products, Inc., Beacon Falls Rubber Shoe Company, The,
Beacon Hill Cab, Inc., Beacon Kill Investment Company,
Beacon Kosher Market, Inc., Beacon Shoe Company, inc..
The, Beaconsfield Laundries, Inc., Bear Island Tennis
Camp, Inc., Beaver Manufacturing Company, Beebe
Laboratories Inc., Belden Corporation, The, Bell & Nelson,
Inc., Belmont Drug Co., Inc., Belmont Yellow Cab Co.,
Belmore Store, Inc., The, Bemis-Keith Operating Corpora-
tion, Benjamin's Inc., Benmore Manufacturing Co., Ben's
Sandwich Shop Inc., Berfin Amusement, Inc., Berkshire
Manufacturing Company of Pittsfield, Besse Block of
Brockton, Inc., Bickford Baking Company, Biddle and
Smart Company, The, Big Bear Floral Company, Inc.,
Bijou Theatre Company of liolyoke, Massachusetts, Bilt-
more Realty Corporation, Birnie Paper Company, Black
and White Cigarette Company, The, Black & White Com-
pany, Black Cat Garage, Inc., Black Rock House, Inc.,
Blackstone Garage, Inc., Blakeslee Company Incorporated,
Blanchard Motor Transport, Inc., Bliss Street Garage, Inc.,
Bloom, South & Gurney, Inc., Blossom Hill, Inc., Blue
Hog Breeding Company, The, Boiler AppHance Mfg. Co.,
Bonds, Incorporated, Bonds Spa, Inc., Bonelli-Adams In-
vestment Corporation, Bonnell Brothers & Jewett, Inc.,
Bordett Shoe Co. Inc., Bossir Corporation, Bostock Shoe
Manufacturing Co. Inc., Boston Air Conditioning Com-
pany, Boston Auto Laundry Co., Boston Cash Market
Inc., Boston Cigar Makers Association, Inc., Boston
Clothing Store Inc., Boston Coat Front Co., Inc., Boston
Commercial Motor Vehicle Association, Incorporated,
Boston Contracting Co., Inc., Boston Corset Manufactur-
ing Co. Inc., The, Boston District Steam Company,
Boston Electrotype Company, Boston Floor Company,
Limited, Boston Hotel Company, Boston Institute of
Advertising, Inc., Boston Marine Hardware Company,
Inc., Boston Marshmallow Company, Inc., Boston Motors,
Inc., Boston Pants Corporation, Boston Scale Repair-
ing Co., Inc., Boston Terminal Refrigerating Company,
Boston Theatre Association, Inc., The, Boston Theatre
Program Corporation, Boston Tile, Inc., Boston Union
Company, Boulevard Amusement Company, Bourque
Jewelry Company, Inc., Bowdoin Cabinet Company, Inc.,
Bowdoin Shoe Co., Inc. (1028), Brackett Margeson Co. Inc.,
Brackett Wood Heel Co., Bradley Shoe Corporation, Brattle
Candy Shops Inc., Braude-Goodman Shoe Co., Breezy
Meadows, Inc., Brenton Shoe Co.. Brentwood Shoe Store,
Inc., Bria-Shaps Company, Inc., Bridge Air Conditioning
Corporation, Briggs and Allyn Manufacturing Company,
Brighton Construction Company, Brighton Contracting
Company, Brighton Motor Sales, Inc., Brighton Square
Development Co., Britton-Stevens Motors Company,
Broad Finance Corporation, Broadway Furniture Corp.,
Broadway Office Supply Company, Inc., The, Broadway
Smart Shop, Inc., Brocks, Inc., Brockton Times Publish-

Acts, 1935. — Chap. 8. 19

ing Co., Bronze Weather Strip Co., Brookbend Tavern
Club Inc., Brookdale Mills, Inc., Brookline Building and
Investment Trust, Inc., Brookline Delicatessen Inc., Brook-
line Taxi Cab Co. Inc., Brookline Theatre Company, Brooks
Market, Inc., Brown Laboratories, Inc., Buchholz Sign
Company, Buffalo Gekco Company, The, Burcell's Shoe
Stores, Inc., Burrill St. Pharmacy, Inc., Business Aid and
Finance Corporation, Butler and Quint Upholstery Shop
Inc., Butterfly Box, Inc., The, Buzzell-Schacht Motor Co.
Inc.

C. A. Bryant Company, C. A. Goodnow Shoe Company,
C & B, Incorporated, C. & C. Excavating Co., C & E Motor
Transport Corporation, C. & G. Corporation, The, C & H
Sales Corporation, C & J Herscovitz Company, C. & R.
Poultry Company, Inc., C. & S. Products Company, C. B.
Yule & Sons, Inc., C. Carlson Company, Inc., C. F. Benner
Co. Inc., C. F. Hale & Sons, Inc., C. H. Shanks Co. Inc., C.
H. Spring Company, C. J. and R. J. Decker, Inc., C. O.
Olsson Co., C. Romano & Co., Inc., C. V. Watson Co.,
Cable Corporation, The, Cadillac LaSalle Sales, Incorpo-
rated, The, Cafeteria Company, Caldwell Incorporated,
Caldwell Rum Distillery, Inc., The, Calendar Publications,
Inc., Cahfornia Cleansers & Dyers, Inc., Cambridge
Chronicle, Inc., Cambridge Evening Journal Company,
Canoe Club Beverage Co. Inc., Canterbury Art Guild, Inc.,
Canterbury Corporation, The, Cape Ann Country Club,
Inc., Cape Ann Dairy, Inc., Cape Cod Fruit Co., Capital
Fish Co., Capitol Lunch Co. of Lynn Inc., Carl-Curtis Co.,
Carl F. Virchow, Inc., Carol's Inc., Cascade Dress Corp.,
Casino House-Boat, Inc., Castype Company of New Eng-
land, Central Investment Company, Central Mortgage
Company, Central Securities Corporation, Central Ship-
ping Corporation, Centre Jewelry Company, Inc., Century
Shoe Co., Certified Industries, Incorporated, Cetlin Realty
Company, Chakahs Bros. Inc., Chamberlain and Burn-
ham, Inc., Champion Oil Burner Sales Corporation, Cham-
pomme. Inc., Charles D'Avolio, Inc., Charles F. Murphy
Company, Chas. G. Clapp Housing Company, Charles H.
Sisson, Inc., Charles Hudson, Incorporated, Charles K.
Meek, Inc., Charles L. Archdeacon and Co. Inc., Charles
R. Field Manufacturing Company (Inc.), Charles R. Pratt,
Inc., Charles W. Young & vSons, Inc., Charlesgate Building,
Inc., Chart of Knowledge Company of America Inc.,
Chateau, Inc., Chattel Loan Company, Chelsea Auto Tire
Co. Inc., Chelsea Moving and Trucking Co., Inc., Chelsea
Rehef Clinic Inc., Cheltenham Press, Inc., of Boston,
Chemical Associates, Inc., Chemical Process Company,
Chicopee Falls Finance Association, Inc., Chicopee Ware-
house Corporation, Chilean Products Manufacturing Com-
pany, Inc., Chums' Lunch, Inc., City Feed Company,
City News Company, City Sand & Gravel Co., Inc., City
Taxi of Haverhill, Inc., The, Claremont Despatch, Inc.,
Clark-Crowley Motors, Inc., Clark's Spas, Inc., Clifford

20 Acts, 1935. — Chap. 8.

S. Cobb Company, Clifford S. Cobb Inc., Clifford S. Cobb
Realty Company, Clinton Chemical Works, Inc., Clinton
E. Hobbs Company, Cloverdale Company, The, Coast to
Coast Markets Inc., Cobb Associates Inc., Cobban Bros.,
Incorporated, Cobb's Inc., Cocoanut Grove, Inc., Codman
Square Hospital Inc., Colbert Bros. Co. of Somerville,
Mass., Coleman Corporation, Colgate & Lamb, Inc.,
College Travel Club, Inc., Collegiate Press Corporation,
Collins Development Company, Inc., Colloidal Phosphate
Sales Co. of New England, Colonial Acceptance Corpora-
tion, Colonial Carriers Inc., Colonial Fast Freight Systems,
Inc., Colonial Realty Corporation of Brockton, Mass.,
Colonial Reproductions Inc., Colorgraph Co., Inc., Colt
Shoe Company, Inc., Columbia Motor Mart, Inc., Columbia
Plumbing Supply Co., Columbus Avenue Garage, Inc.,
Colvulc Rubber Company, Comfort Drug Company, In-
corporated, Commercial Bankers of Springfield, Inc., Com-
mercial Collections & Credits Inc., Commercial Welding
and Machine Company, Commonwealth Collection &
Credit Corporation, Commonwealth Investment Co.,
Comptroller Inc., Concord Theatre Operating Company,
Inc., Condensation Products, Inc., Conger Bros. Com-
pany, Inc., Connecticut Mills Company, Connecticut
Valley Sales Co. Inc., Conservative Credit System of Mass.,
Inc., Consolidated Biscuit Co., Consohdated Finance
Corporation, Consolidated Heel Corporation, Consolidated
Investors, Inc., Consolidated Sales & Manufacturing
Corporation, Consolidated Steel & Wire Company, Con-
sumers Dairy Association, Inc., Continental Baking Com-
pany, Continental Operating Company, Contoocook Mills
Corporation, Contractors Equipment and Service Corpora-
tion, Cook Electric Company, Cook-Moreau Inc., Coolidge
Garage, Inc., The, Cooper Lane Company, Cooper Tire
Company, Cooperative Novelty Shoe Company, Coopera-
tive Oil Union, Cooperative Produce Brokers of New Eng-
land, Inc., Cooperative Realty Company, Corden, Inc.,
Corman Building and Contracting Co. Inc., Cornish In-
surance Agency, Inc., The, Cort Supply Company, Inc.,
Cottage Beverage Company, Cottage Farm Motor Sales,
Inc., Cotter Shoe Company, Cotton Brothers Taxi Service,
Inc., County Fair Products Co., Court House Pharmacy,
Inc., Cove Ice Company, Craftsman Folding Box Com-
pany, Inc., Craig's Bakeries, Inc., Crandon Bros. Inc.,
Crane Construction Company, Credit Reporting Com-
pany of New England, Creeden Plumbing & Heating
Company, Cremer Furniture Co., Inc., Crescent Tanning
Company, Inc., Crest Amusement Company, Crest Restau-
rants Inc., Crocker Cadillac-LaSalle Co., Crosby Milling
Company, Cross Pharmacy, Inc., Crown Furniture Co.
Inc., Crown Shield Opener Co., Inc., Cuetara Brothers
Company, Cummings Bros. Co., Cunningham Publishing
Co., Curay Company, Inc., Curtin's Inn Inc., Curtis and

Acts, 1935. — Chap. 8. 21

Cameron Incorporated, Curtis Corporation, Curtis-Proctor
Co.

D. A. Meister Company, D & D Refrigerated Sales Inc.,
D. D. & S. Realty Co. Inc., D. E. B. Rayon Mfg. Com-
pany, D. Frank Ryan, Incorporated, D. T. Pepin Lumber
Company, Inc., Dadian & Healer, Inc., Dairy Farm, Inc.,
Dairy Service Company, Dalton Motors, Inc., Daly's
Golden Rule Wood Heel Co., Damon, Incorporated, Dana
Realty Company, Inc., Daniel Webster Stages, Inc., Dart-
mouth & Westport Fish & Lobster Company, Incorporated,
Dartmouth Manufacturing Corporation, David C. Coe,
Inc., David T. Meskill Co. Inc., Day & Company, Inc.,
Daylight Garage Corporation, Day's Clothes, Inc., De Cody
Corset Company, Inc., DeSoto Development Company,
Dean Motor Car Co., Dean Penney Company, Dedham
Filling Stations, Inc., Dedham Flower Shop, Inc., Ded-
ham Lumber Company, Delaney and Waldron, Incorpo-
rated, Delaney Construction Company, Inc., Dell's Sea
Grill, Inc., Delta Manufacturing Company, Dennis &
Hoyle Steel Treating Co., Derby Company, Inc., Design-
ers' Art School, Inc., The, Desplaines 5 & 10^ to $1.00
Stores, Inc., Dessell's, Inc., Development-Service Corpora-
tion, Devereux Mansion, Incorporated, Devices Corpora-
tion, Di Pesa Realty Corporation, Diamond Bell Cleansers
& Dyers, Inc., Diamond Brothers Co., Inc., Diesel Marine
Equipment Co., Dill's, Inc., Display Center of Boston, In-
corporated, Distributors Coal Corporation, Dr. A. Reed
Cushion Shoe Co., Doctor & Gaull Inc., Dr. Rothenberg's
Family Dentists, Inc., Dr. Rudolph's Appliances, Inc.,
Dodge Wood Heel Co., Inc., Domestic Finance Cor-
poration, Door-Motive Corporation, Dorchester Cement
Stone Company, Dore Manufacturing Corporation, Dor-
rance, Kenyon & Company, Inc., Dover Saddle & Bridle
Club, Inc., Downing Realty Company, Drake's System,
Inc., Du Pree Vibrator, Inc., Duane Shoe Mfg. Co., Duchess
Lingerie Inc., Ducon, Inc., Dukelow and Walker Company,
Duncan-Chase Motor Company, Duplex Yarn Company,
Durall Company, Durkee Associates Inc., Durso & De-
lany, Inc., Dutch Girl Cleansers Inc., Dwight R. Winter,
Inc.

E. & R. Cleansing & Dyeing Company, E. Brunei Studios,
Inc., E. H. Bailey Co., Inc., E. L. Fletcher Company, E. L.
Whitney's, Inc., E. S. Stacy Supply Company, The, E. V.
Babbitt Co., Inc., E. W. Larson Co., Eagle Confectionery
Company, Inc., Eagle Hotel Corporation of Spencer,
Eagle Progressive Associates, Inc., East Arlington Realty
Trust Inc., East Coast Gas & Fuel Corporation, The,
East Coast Sound Pictures Corporation, East Coast
Theatres, Inc., Eastern Cities Realty Co., Eastern Maine
Grain Co., Eastern Metal Fireproofing Co., Eastern Talk-
ing Machine Company of Massachusetts, Eaton Paper
Company, Economy Curtain Co., Inc., Eddie Fitzgerald
Music Service, Inc., Edgar Heap Inc., Edgartown Drug

22 Acts, 1935. — Chap. 8.

Store, Inc., Edgewater Mfg. Co., Inc., Edison Chemical
Company, Educator Oil Co. Inc., Edwin S. Pickert Com-
pany, Eggemoggin Wharf Company, 88 Birnie Ave. Corp.,
Elbee Advertising Agency, Incorporated, Elbee Apparel
Shop of Woburn, Inc., Eleanor Nickerson, Inc., The,
Electracraft Corporation, Electric Refrigeration & Oil
Burner Corp., Electric Therapeutic Company, Inc.,
Electric Utilities Corporation, Eliott, Thompson, Inc.,
Ellison Bros. Inc., ElHson Sprinkler Co., Elm Park Plumb-
ing and Heating, Inc., Elm Realty Co., Inc., Emerson
Drug Store, Inc., The, Emery Laundries Inc. Watertown
Division, Empire Electric Supply Company, Empire
Service Bureau Inc., Endean Farm, Inc., Endicott Farms,
Inc., The, Engineers Incorporated, Engineers Investment
Corporation, Enterprise Co. Inc., Equipment Sales Cor-
poration, Ernest F. Light Field Company, Ervin E. Smith
Company, Eskimo Corporation, Essex Burner Inc., Essex
Die Co., Essex Drug Co., Essex Motor Express, Inc., Essex
Stove Repair Co., Euclid Productions Corp., Eureka Re-
search Laboratories, Inc., Evans-McNally Distributing
Corp., Evens Bros. Garage, Inc., Everett-Rialto Theatre
Corporation, Everett Wood Heel Co., Excel Manufacturing
Co. Inc., Excel Plumbing & Heating Co. Inc., Exeter
School of Art Inc., The.

F. A. Lane Company, Incorporated, F. & M. Sand &
Gravel Co., F. & S. Curtain Manufacturing Company, Inc.,
F. & W. Lighting Co., F. B. Washburn & Co. Corporation,
The, F. P. Amusement Corporation, F. Paul Welsch Organi-
zation, Inc., The, F. T. Woodman Company, F. Vorenberg
Company, F. W. Aldrich Realty Company, Inc., Fabric-
Finishing Liquidating Corp., Fair Bag Company, Fairbank-
Wirth Company, Fairfield Holding Corp., Fairways Con-
struction Co., Fall Mountain Electric Company, Fall River
Auto Parts Co., Fall River Civic Theatre Corporation,
Falls Realty Company, Inc., Famous Brands, Inc., Faneuil
Commercial Agency, Inc., Faneuil Hall Nurseries Inc.,
Fannon's Inc., Farragut Auto Renting Co., Farrington
Printing Company, Fashion Bag Company, Fay-Barry
Motor Co., Federal Laundry, Inc., Federal Mortgage &
Loan Corporation, Federal National Company, Federal
Oil Co. of Massachusetts, Federal Trading Company, Fen-
wood Cafeteria, Inc., Fields Corner Realty Co. Inc., Filter
Fabrics, Inc., Fine Shoe Company, Finegan, Keefe Co.,
Fire Control Inc., Fisher Hill Company Inc., Fisher's
Ginger Ale Co., Inc., Fitchburg Co-operative Farmers'
Exchange, The, Fitchburg Farmers Cooperative Exchange,
Fitchburg Farmers' Corporation, The, Fitchburg Mattress
Co., Fitzgerald Graham Corporation, 541 Commonwealth
Avenue, Inc., Flintkote Corporation, The, Floorantile
Company, Florida Lee, Inc., Floyd Milk Company, Flynn
Florists Incorporated, Flynn-Robinson Roofing Company,
Fogg Engineering Corp., Fogg-Farnsworth Flying Service,
Inc., Fogol Mfg. Co., Forbes Dry Goods Company, Inc.,

Acts, 1935. — Chap. 8. 23

Foss Edmands Company, Foster-McDonald Company,
Foster Transportation Co., Inc., Fowler Oil Burner Co.,
Fox, Fultz & Co., Inc., Foxboro Ice Co., Inc., Framingham
Builders Finish Company, Inc., Franco-New England
Printing Corporation, Frank L. Harris, Inc., Frank Orlando
Construction Co., Frank P. Brown Company, Frank Ryan
Brewing Company, Franklin County Sheep Breeders Co-
operative Association, Franklin Film Co., Franklin Fish
Company, Inc., Franklin Furniture Co., Franklin Holding
Company, Franklin Machine and Tool Company, Franklin
Operating Co., Franklin Restaurant Inc., The, Fraternal
Building Corporation, Fraternal Thrift Stores Association,
Inc., Fred A. Glazier Alotor Sales, Inc., Fred K. Chaffee, Inc.,
Fred P. Lambert Co., Fred W. Young, Inc., Freeman Furni-
ture Co. Inc., Fresh Pond Parkway Realty Company of Cam-
bridge, Fresko Incorporated, Friedmont Realty Corporation,
The, Frye & Crawford Drug Company, The, Fuel Testing
Laboratories, Inc., Fuller Electrical and Plumbing Co. Inc.,
Fuller-Thurber Company, Furniture Manufacturers Ware-
house Inc.

G & H Lunch, Inc., G & M Motors, Inc., G. C. Realty
Corporation, G. R. & H. Drug Company, Gadoxin Com-
pany, Galvin Amusement Company, Garden City Cafe
& Grill, Inc., Garden City Fruit Co. Inc., Gardner Indus-
trial Corporation, Garton Music Co. Incorporated, Gaston
Motor Mart, Inc., Geller Shoe Co., Inc., General Appli-
ance Co., Inc., General Automotive Service Company,
General Bedding Corporation, General Estates Corpora-
tion, General Leather Waste Company, General Magazines
Corporation, General Milk Delivery, Inc., General Oil
Burners, Inc., George A. Baker Company, Inc., George A.
Williams Co., Inc., George B. Morse & Son Co., The, George
C. Gordon & Son, Incorporated, George C. Vaughan Realty
Company, George Construction Company, Geo. E. Keith
Stores Company, Geo. F. Watts Corporation, George F.
Watts Equipment Corporation, George L. Walker, Inc.,
George Peirce, Incorporated, George Poulos Company,
Inc., George K. Winsor Inc., George W. Carr Company,
The, George W. Rollins, Inc., Giant Liquor Stores, Inc.,
Gilbert-Chenoweth Shoe Co., Giles Motor Company, Glaz,
Inc., Glenwood Works, (Jhdden Company of Massachu-
setts, The, Globe Tomato Company, Gloucester Products
Company, Gold Parrot, Inc., Golden Crest Baking Co.,
Inc., Golden Theatres, Inc., Good Grade Clothing Com-
pany, Good Value Co-operative Stores, Inc., Goodrich
Garment Co., Inc., Gordon Bros. Mfg. Co., Gosnold Shoe
Company, Inc., The, Goulds Pumps N. E., Inc., Gounaris
Confectionery, Inc., Gra-Mar Manufacturing Corporation,
Graham-Paige Company of New England, Granada Gold
Mines Corporation, Granite Mortgage Corporation, The,
Grant Securities, Inc., Graphic Analysis Company, Great
Barrington Flying Service, Inc., Grecian and Roman Art
Iron Company, Greek-American Fruit & Candy Company,

24 Acts, 1935. — Chap. 8.

The, Green-Freedman Baking Company, Inc., Greene
Brothers & Co. Inc., Greene Corporation, The, Green-
ough Avenue Garage, Inc., Greentex Co., Inc., Grey's
System Inc., Griffin-Bordiere Construction Co., Gross-
man Jewelry Co., Inc., Grove Hall Chevrolet, Inc., Grove
Hall Used Car Sales Co. Inc., Groveland Lumber Com-
pany, Guaranty Mortgage and Securities Corporation,
Guaranty Security Corporation, Guaranty Service Cor-
poration, Guard Amusement Enterprises, Inc., Guidara
& Terenzio Inc., Guilford, Kendrick and Ladd, Incor-
porated.

. H. & R. Rubber Company, H. Bolusky Sales Corpora-
tion, H. E. Kaplan Investment Company, H-I Tanning
Company, Incorporated, H. L. Foss Box Co., H. L. Handy
Company, H. L. MacLean & Company, Inc., H. M.
Parker Chevrolet Co., Inc., H. S. & M. W. Snyder, Inc.,
Hadley Ice and Supply Company, Haigh Engineering
Company, Hair Removing Machine Company, Hale Fish
Co. Inc., Hale's Orchards, Inc., Hall & Edwards Inc.,
Hall-Lucier Sign Co., Hallwood Corporation, The, Halpern
Shoe Co., Hamel Bros., Inc., Hamilton Realty Corporation,
Hampden Automotive Products, Inc., Hampshire Co-
operative Farmers' Exchange, Hampshire Farmers
Cooperative Exchange, Hancock Book Shop, Incorporated,
Hancock Milk Company, Handy-Flanders Company,
Handy Lunch, Inc., of Springfield, The, Hanover Furni-
ture Company Inc., Hanover Furniture Corporation,
Hanover Holding Corporation, Hanover Shoe Shop, Inc.,
Hanson Gates Company, Incorporated, Harbor Develop-
ment Company, Harbor Importing Co., Harding Clothing
Co., Hard wick Paper Mills Corporation, Hardy Con-
struction Co., Harold Realty Trust Incorporated, Harold
Shoe Mfg. Company, Harold Whitman Company, Inc.,
Harper's Investment Review, Inc., Harris & Sprague, Inc.,
Harris Hardware Co., Inc., Harris Waste Co., Harrison
Woolen Company, Harry A. Goff Inc., Harry Mason, Inc.,
Hart Private Hospital, Inc., The, Harvard Market Inc.,
Harvard Products Company, Inc., Harve}'^ B. Greene, Inc.,
Haskell & Wiltshire, Inc., Haskell Operating & Invest-
ment Corporation, Haskins & Warner Investment Corpora-
tion, Hastings Motor Co. Inc., The, Hauschildt Brewing
Co., The, Hawthorne Corporation, Hawthorne System,
Inc., Haymarket Dry Goods Company, Inc., Haynes &
Hernandez, Inc., Hayward Drug Shop Inc., Hayward
Furniture Inc., Hazen-Brown Cement Company, Headway
Shoe Company, Inc., Hebert-Schneider, Inc., Heffler's
Express, Inc., Henderson & Nolan, Inc., Hennessey Brass
Works, Inc., Henry & Wright Manufacturing Company,
The, Henry Botthng Co., Henry Neville, Inc., Henry R.
Arnold Co., Inc., Henry Real Estate Corporation, Henry
Richer, Incorporated, Henry Textile Associates, Inc.,
Henry W. Berry Company, Henry's Bakery Inc., Herbert
Hall Hospital Co., Herman Construction Company, Inc.,

Acts, 1935. — Chap. 8. 25

Heyman Bros. Inc., Hicks Gallery, Inc., High Street
Garage, Inc. of Holyoke, Highland Company, The, High-
land Shoe, Inc., Highiway Crushed Stone Company, Hill
Crossing Association, Inc., Hingham Taxi Service, Inc.,
Hinman Cooling Corporation, Hodder Company, The,
Hodgdon & Son Inc., Hodgman and Brown, Inc., Hodgson-
Gladwin Co., Holdin Realty Corporation, Hollow Tile
Company, Hollywood Shop, Inc., The, Hollywood Theatres
Corporation, Holmberg and Arvidson, Inc., Holmberg's,
Inc., Holmes Manufacturing Company, Holyoke Box and
Lumber Company, Holyoke Community Mortgage Loan
Corporation, Home Buyers Society Incorporated, Home
Electric Light & Power Equipment Company, Home
Market, Incorporated, The, Home Owners Electrical
Association, Inc., The, Home Service Tea Co., Hooper &
Buffinton, Inc., Hotel Taunton Inc., Hotel Worthy In-
corporated, House of Overlock, Inc., The, House on the
Hill Corporation, The, Household Electrical Company,
Howard-Erickson Company, Howard Hodgkins Company,
Howe & Norton Last Company, Hub Cleansers, Inc., Hub
Wood Heel Co., Hudson Fur Shop, Inc., Hull Amusement
Company, Hull Beacon Inc., Humboldt Baking Company,
Inc., Humboldt Real Estate Company, Hunt Wood Heel
Company, Inc., Hy-Grade Clothing Co., Hyde Park
Amusement Co., Hydro Electric Devices, Inc., Hydropel
Process Company, Hygienic Distributors, Inc., Hymar
Realty Corporation.

I. Brockman & Co., Inc., I. F. Woodbury & Sons Co.,
I. M. Freedman Company, Ice Cream Shop Inc., The,
Ideal Products Manufacturing Company, Inc., Ideal Shoe
Company, Imperial Health Pillow Corporation, Independ-
ence Investment Corporation, Independent Beverages
Company, Independent Fireworks Mfg. Co., Independent
Hardware Alliance, Inc., Independent Jewelers Associa-
tion Inc., Independent Realty Corporation, Independent
Trucking Corporation, Industrial Investment Corpora-
tion, Industrial Oil Laboratories, Inc., International Auto-
matic Coupling, Inc. (1933), International Chemical Com-
pany, International Dairy Co., Inc., International Dis-
tributors Corp., International Film Foundation, Inc.,
International Shoe Supply Company, Interstate Commer-
cial School, Inc., Interstate Textile Corporation, Invest-
ment Bond Associates, Incorporated, Investor Publishing
Company, Irving Smelting and Refining Corporation.

J. A. Butler Company, J. A. Jonas Shoe Co., J. A,
Patenaude Company, J. & M. Lenhoff, Inc., J. B. Gregoire
Furniture Company, J. B. O'Rourke Contracting, Inc.,
J. E. Cochrane & Sons, Inc., J. F. and W. H. Gushing Com-
pany, J. F. Rogers Nash Co., J. F. White Contracting
Company, J. Freedman Co., J. H. Jackerott Inc., J. H.
Spiers Company Inc., J. J. Casey & Sons, Inc., J. J.
McLaughlin Machine Co., J. J. Theatrical Enterprises, Inc.,
J. L. Jacobson, Inc., J. L. Spencer Motor Company, J. M.

26 Acts, 1935. — Chap. 8.

Hartwell Inc., J. M. McMorrow Co., Inc., J. Puccia & Co.
Inc., J. R. Bowman Company, Inc., J. R. Whipple Corpora-
tion, J. S. Harrington, Inc., J. S. Lovering & Company,
Inc., J. Swartz, Inc., J. W. Johnson Company, J. W. Kane
& Co., Inc., Jack Stearns, Inc., Jackson Construction Co.,
The, Jacobs Clothes, Inc., James E. Gray, Inc., James H.
Tarr Company Limited, James I. Brooks, Inc., James M.
Maxwell & Son, Inc., James W. Brine Company, Japan
Art Shade Co., Inc., Jason Weiler-Baird North Co., Jersey
City Cold Storage Co., Jessup & Moore Paper Co., The,
John A. Cooney, Inc., The, John A. White, Inc., John B.
\\niite. Inc., John D. Curtis & Company, Inc., John F.
Collins, Inc., John F. Rooney Co., John G. Brown, Inc.,
John H. Grant, Inc., John H. Morris & Sons, Inc., John H.
Nichols & Son, Inc., John J. Campbell Company, John M.
Kelly Co., Inc., John W. Cosden & Company Inc., Johnson
Granite Co. Inc., Johnson-Kerstein Co., Johnson Motor
Co. Inc., Jones Leather Company, Incorporated, Joseph M.
Enos Company, Joseph S. Greenwood Inc., Joseph W.
Woods & Sons Co., Jourdan Process Corporation, Joy-
land Bathing Beach and Ball Room, Inc., Judson Package
Freight Service, Inc., Julius Padding, Inc.

Kaffeman & Arnold, Inc., Kapinos Motor Express, Inc.,
Katches Inc., Katz Hosiery Co., Inc., Kaj'^ Dress Shops,
Inc., Keeley-King Aircraft Corporation, Kehoe and
McDonald Lumber Company, Keith-Smith Corporation,
Kern wood Hotel & Cafe Inc., The, Keyser Worsted Mill,
Inc., Khoury Cigarette Company, Inc., Kiddie-Kutie Wear,
Inc., King Furriers Inc., King Insurance Agency, Inc.,
Kinne & Sullivan, Inc., Kleen-Heet, Incorporated, Knights
Mfg. Co., Koch Sanitary Slipper Co., Krisp Nut Machine
Sales Corp., Kruger Fabric Co., Kudisch Brothers Peerless
Fur Shop Inc., Kushner Realty Company.

L. A. Barkin, Inc., L. A. Hirshberg Co., L. D. Tocci
Granite Co., Inc., L. F. Plummer Machine Company, Inc.,
L. Greenstein Furniture Co. Inc., L. J. Co., L. M. Garrity
& Company, Inc., L. Q. White Co-operative Company,
L. S. Avak & Co., Inc., L. W. Bigelow's Sons Furniture
Company, L. Z. L. Estates, Inc., La Bella Shoe Company,
Inc., La Bohcme, Inc., La Compagnie Cicntin, Ltd.,
LaFrance Construction Company, La France Hat Corpora-
tion, LaMode Millinery, Inc., La Mode Shoe Manufac-
turers Incorporated, LaRocque Service Station Inc., La
Touraine Shoe Co., Ladin Dress Co., Lafayette Jewelry
Co. Inc., Lafayette Square Garage, Inc., Laird & Co., Inc.,
Lancaster Realty Company, Lander Brintnall Cutlery
Company, Lane & Co. Inc., Lanes Cove Lobster Co.,
Laporte and Baily, Incorporated, Larkin, Inc., Lawrence
Factories, Inc., Lawrence Realty Corporation, Lawrence
Tire Rebuilding Company, Inc., Le Blanc, Cleansers &
Dyers, Inc., Le Boeuf Fountain Pen Company, Inc.,
LeBoeuf Novelty Company, Le Clair-Ross Manufacturing
Chemists, Inc., LeComte's Dairy, Inc., Leary-Wickes

Acts, 1935. — Chap. 8. 27

Company, Lee Hosiery Shops, Inc., Lee's, Inc., Leland
Powers School Inc., Leo Reisman Orchestras, Inc., The,
Leominster Worsted Company, Leonard's Galleries Inc.,
Leslie Drug, Inc., Lesser's Bakery, Inc., Lester E. Smith
Company, Letoile Roofing Co., Inc., Lew Conrad Orches-
tras, Inc., Lewis-Cleaners and Dyers, Inc. (1929), Lewis
Street Garage, Inc., Lexington Cafeteria Inc., The, Lexing-
ton Plumbing and Heating Co., Inc., Libby's Drug Store,
Inc., Liberatore Contracting Co., Liberman's Daylight
Bakery, Incorporated, Liberty Investment & Finance Cor-
poration, Liberty Paper Company, Liberty Sales Cor-
poration, Liberty Wall Paper Company, Inc., Life Insur-
ance Agencies, Inc., Liggett Company, Inc., Lila's Spe-
cialty Shoppe, Inc., Lilly Leather Company, Lincoln
Development Corporation, Lincoln Machine Company,
Lincoln Mortgage Company, Lincoln Park Amusement
Company, Lincoln Rock Excavating Co. Inc., Lincoln
Sand & Gravel Co. Inc., Lincoln Square Garage, Inc.,
Liset & Luce, Inc., Lite-Crete Products Company, Inc.,
Litehouse Lunches, Inc. Store No. 2, Little Madrid Inc.,
Little Point Co., Inc., Little's Diners, Inc., Lobster Inn
Inc., Longwood Sweets, Inc., Loometal Products Inc.,
Loon Pond Associates, Inc., Lopez Badge & Novelty Co.,
Lorays Plantation, Incorporated, Lord and Company,
Incorporated, Louis Effenson Co., Louis Fitterman Co.,
Inc., Louis Jolles Co., Inc., Louis S. Rubin Company,
Louis Stern, Inc., Lowell Machine Company, Lowenstein's,
Inc. (1932), Lynn Coal Company, Lynn Egg Auction Inc.,
Lynn Manufacturers and Merchants Mutual Fire Insurance
Company, Lynn Mortgage Loan Corporation, Lynn Peer-
less Brick Company, Inc., Lynn Remedial Loan Society,
Lyon Corporation, The, Lyons Inc., Lyric Amusement
Corporation.

M & H Shoe Stores, Inc., M & M Construction Corp.,
M. Bennett & Co., Inc., M. C. Barron Co., Inc., M. C.
Myers, Inc., M. F. Stinson Company, M. G. Realty Cor-
poration, M. Green Company, Incorporated, M. J. Doyle
Printing Company, M. J. Mulkern Company Inc., M. J.
Sullivan Company, Inc., M. Kapstein Company, M. M. A.
Chemical Company, M. M. & S. Motor Lines Inc., M. P.
Toohy, Incorporated, M. Richmond Co., M. Sharaf Co.,
Ma Burns Med. Co. Inc., MacDonald & Co. Inc.,
MacElwee & Associates Inc., MacKay Galleries, Inc., Mac
Manny's, Inc., MacMillen Wallpaper Stores, Inc., Maccar
Springfield Trucks Inc., Macolene Oil Company, Madden
Insurance Agency, Inc., Madison Lamp Shade Manu-
facturing Company, Inc., Magee Products Co., Magnofia
Holding Company, Maguire-Inc, Main Plumbing & Heat-
ing Supply Co., Maine Coast & Canada Steamship Co.,
Maine Farmers Exchange, Inc., Maine Land Stages, Inc.,
Maintenance, Inc., Majestic Films Inc., Majestic Stores
System, Inc., Maiden Leather Handle Co., Maloney Oil
Company, Inc., Managers Engineering Company, Manahan

28 Acts, 1935. — Chap. 8.

Co., Inc., Mandell Furs, Inc., Manhattan Collar Co., Mann
Bros. Co. of Boston, Manomet Cranberry Company,
Mansfield Hatchery Company, Manufacturers' & Jobbers'
Clearing House Inc., Manufacturers' & Jobbers' Credit
Bureau, Inc., The, Maple wood Products Company, Mara-
thon Amusement Co. Inc. of Somerville, Marcia Simmons,
Inc., Margaret P. Blodgett Corporation, Marian's Quality
Bakery, Inc., Marifran Realty Corporation, Marilyn Dress
Shoppe, Inc., Marine Park Association, Inc., Marion Stores
Company, Maritime Lumber Company, Maritime Salvag-
ing Corporation, Mark D. Golden Company, Marks-
Chandler Co., Marlborough Pharmacy, Inc., Marlboro Shoe
Company, Inc., Marlboro Shoe Corporation, Marmon
Boston Company, Marshall Chromium Plating Works,
Inc., Marshall Jones Company, The, Marshall Jones Com-
pany, Inc., Marshall's Clothing Company, Marston Man-
agement Corporation, Martha's Vineyard Estates, Inc.,
Martin Company, Martin J. Joel-White, Wilker Corp.,
Martin J. Shufro Company, Martino Willow Furniture Co.,
Marvel Shoe Mfg. Co. Inc., Marvela Products Inc., Masco
Laboratories, Inc., Masco Manufacturing Co., Inc., Mas-
cott Shoe Company, Mascott Wood Heel Company, Mass.
Avenue Cafeteria, Inc., Massachusetts Casket Company,
Inc., The, Massachusetts Chemical Products Co., Massa-
chusetts Cornice Co. Inc., Massachusetts Live Poultry
Company, Massachusetts Packing & Belting Company,
Massachusetts Research Laboratories Inc., Massachusetts
Stoker Corp., Massey & Wendell, Inc., Master Wood-
workers, Inc., Mastercraft Colors, Inc., Mathews Motor
Company, Mattapan Ice Co., Inc., Maverick Plumbing
Co., Inc., Max Linsky Company, Max Raphel, Inc.,
Maxine's Beauty Parlor, Inc., Mayfair Restaurant Co. Inc.,
The, Mayflower Baking Company, Mayflower Mens Wear
Corporation, Maykel Company, Inc., Maynard Amuse-
ment Company, Inc., Maynard Motor Car Co., Mayo
Woolen Mills Co., The, Mazze-Sharff Corp., McCarrie
School of Mechanical Dentistry of Boston, Inc., McCarthy
& Caton Co., Inc., McCauliff Quarry Company, Inc.,
McClean Realty Co. Inc., McClellon Locomotive Boiler
Company, McHugh Realty Company, McKey Hum-
phreys Lithographic Co., McLean & Cousens Company,
McLean Store Fixture Corporation, McMillan, Inc.,
McNeel's Financial Service, Inc., Medical Drug Co., Med-
way Shoe Company, Inc., Mellen's Investment Service,
Inc., Melhsh & Byfield Manufacturing Company, The,
Meloc Company, The, Melrose Home Sector Publishing
Company, Melrose Shade and Screen Company, Melville
Manufacturing Co., Inc., Melville Plumbing & Heating
Company, Mengel's Garage Incorporated, Merchants
Advertising Co. Inc., The, Merchants' Finance Company,
Merchants Holding Company, Merchants Shoe Company,
Inc., Merrill & Mayo, Inc., Merrill C. Nutting Company,
Inc., Merrimac Valley Despatch Inc., Merrimack Valley

Acts, 1935. — Chap. 8. 29

Service Incorporated, Merton Amusement Co., Metal-
craft Rol-Screen Co., Metro Machinery Manufacturing
Co., Inc., Metropolitan Bond and Mortgage Corpora-
tion, Metropolitan Builders Supply Co., Metropolitan
Distributing Company, Inc., Metropolitan Electric Sup-
ply Co., Metropolitan Investment Corporation, Meyer's
Cloak & Suit Shop, Inc., Michigan Fish and Fruit Com-
pany, Michigan Investment Corporation, The, Mid-
West Corporation, Milano Provision Co., Inc., Milhender
Radio Company, Mill Properties Inc., Millard Leather
Company, Miller Manufacturing Company, Milton As-
sociates, Inc., Milton Motors, Inc., Milton Realty Cor-
poration, Minerva Shoe Company, Minnehan Trucking
Company, Modern Family Laundry Inc., Modern Reed &
Willow Co. Inc., Modern Wood Heel Company, Inc.,
Mogavero Construction Company, Mohawk Press Cor-
poration, The, Monahan's Men's Shop, Inc., Monarch
Electro-Plating & Pohshing Works, Inc., Monatiquot
Building Co., Monitor Awning Supply Company, Mo-
noosnoc Quarries, Inc., Monterey Country Club, Inc.,
Montfen, Inc., Montrose Cement Block and Construction
Company, The, Montvale Realty Corporation, Moody
Hardware and Electrical Company, Moore Heel Co., Moor-
ish Castle, Inc., Moran Hotels, Inc., Mordt Company, The,
Moreland Realty Company, Morgan-Drinan Company,
Morin Transportation Co., Morrill Apartments Inc.,
Morris Baiter Trucking Co., Inc., Morris N. Berkovich,
Inc., Morris Roofing Company, Incorporated, Morrison
Motors Company, Morse & Bigelow Store, Inc., The,
Morse Upholstered Furniture Co., Mortgage and Finance
Corporation of Massachusetts, Moscow Art Beauty Parlor,
Inc., Moss Realty, Inc., Mother Hubbard's Candies, Inc.,
Motion Picture Improvement Company, Motor List Cor-
poration, Motor Parts Company, Motoreze Oil Company,
Inc., Moulded Rubber Co., The, Moulin Rouge, Inc., Mt.
Bowdoin Motor Mart, Inc., Mount Hope Flying Service,
Inc., Mt. Hope Motor Sales, Inc., Mt. Zircon Spring Water
Co. of Massachusetts, Mover Investment Corporation,
Moving Picture Appliance Company, Mulberry Realty
Corporation, The, Multi-Hydro Washing Machine Com-
pany, Munroe & Westcott, Inc., Munroe Construction
Corporation, Murray Adjustment Company, Murray
Chocolate Co. Inc., Mutual Grocery Company, Mutual
Realty Company, Mutual Sales Co., Inc., Mutual Trust
Distributors, Inc., Myers-Gerson Construction Co., Inc.,
Mylady Shoe Co., Inc., Mysticside Apartments Inc.

N. R. Reed Company, Nantasket Marine Speedway,
Inc., Narragansett Heights Realty Company, Inc., Nathan
Katz Shoe Co., National Aerial Advertising Company,
Inc., National Automatic Corporation, National Beef
Co. Inc., National Beer Sales Corporation, National Brake
Service Company of Worcester, National Candy Stores,
Inc., National Cheque Service Inc., National Department

30 Acts, 1935. — Chap. 8.

Store, Inc., The, National Drug Stores Company, National
Features, Inc., National Fruit and Produce Company,
National Heliopore Floor Corporation, National Kosher
Meat Market Inc., National Laundry Securities Company,
National Loan Society of Boston, Inc., National Loan
Society of Cambridge, Inc., National Loan Society of
Maiden, Inc., National Publishing Company, Inc., Na-
tional Pyrotechnic Corporation, National Separator &
Machine Company, National Shoe Co. of Boston, National
Shoe Supply Co., National Sign Co., National Stamping Co.,
Inc., National Tire Company, Inc., National Upholstered
Products Co., Natures Art Inc., Navasota Inc., Neapolitan
Ice Cream Sales Corporation, Neilan Co., Ltd., Neptune-
Empire Motor Sales Company, Neville's Express Inc.,
New Bedford Civic Theatre Corporation, New Bedford
Roofing Company, Inc., New Bedford Soccer Club, Inc.,
New Boston Music Hall, New England Annealing & Tool
Company, New England Auto Renting, Inc., New England
Bakery Company, New England Beef Incorporated, New
England Chemists Products & Supply Co., New England
Coffee Shop Incorporated, New England Food Shop and
Lunch Co. Inc., New England Foods Institute. Inc.^ The,
New England Fur Industries, Inc., New England Hotels
Publishing Corporation, New England Iron Works Co.,
New England Lamp & Shade Co., Inc., New England
Landscape Service, Inc., New England Machine Co., of
Brockton, New England Manufacturers Bureau Inc., New
England Merchandising Corporation, New England Metal
Art Co., Inc., New England Patent Fire Escape Company,
New England Publications, Inc., New England Securities
Corporation, New England Service Corporation, New
England Sign Advertising Co., Inc., New England Sports-
man Publishing Company, New England Stevedoring
Corporation, New Era Markets, Inc., New Home Baking
Co., Inc., New Idea Products, Inc., New Method Die &
Cut-Out Company, Inc., New System Cleansers and
Dyers, Inc., New York Bargain Store, Inc., New York
Dress & Fur Company, New York Hotel & Restaurant Co.,
New York Outlet, Inc., New York Stylists, Inc., Newfound-
land Development Corporation, Newfoundland Finance
Corporation, Newlife Mining and Milling Corporation,
Newton Builders Supply Company, Newton Building Com-
pany, Newton Ferrule Co. Inc., Newton Journal Publish-
ing Company, Newton Mortgage Corporation, Newton
Public Market, Incorporated, The, Newton Wool Scouring
Company, Nicholson, Ferris & Sheehy Plastering Co.,
Nickerson the Haberdasher, Inc., 1933 Realty Corpora-
tion, Nobska Realty Co., Inc., Norad Mills, Nordblom-
Reliance Management Corporation, Norfolk Theatres,
Inc., Norfolk Woolen Company, Normandy Beach Prop-
erties Corporation, North American Import Corporation,
North Atlantic Grain Company, North Ave. Market Inc.,
North Cambridge Hudson-Essex Co., North Packing &

Acts, 1935. — Chap. 8. 31

Provision Company, North Shore Cafe, Inc., North Shore
Golf & Tennis Club, Incorporated, North Shore Hardware
Co., Inc., North Shore Playlands, Inc., North Shore Pub-
lishing Co., North Star Mines & Power Corporation, North
Station Fur Shop, Inc., Northampton Construction Com-
pany, Northampton Iron Works, Northampton Tavern,
Inc., Northboro Brush Co., Northeastern Lines Inc.,
Northeastern Stages Incorporated, The, Northern Rubber
Company, Northern Securities Corporation, Northern
Woolen Company, Inc., Northfield Farmers Cooperative
Exchange, Novelty Comb Company, Novelty Counter
Company, Noyes Bros. Inc., Noyes Walton Comb Co.,
Nu-Glo Products Company, Inc., Nupat Shoe Company,
Inc.

O & J Labeling Machine Company, The, O. B. Deane,
Inc., O'Brien Bros. Builders, Inc., O'Carroll Advertising
Company, Ocean Export & Supply Co., Off Centric Pro-
peller Corp., Office Appliance Co., The, Office Apphance
Sales Co., O'Hara Kennedy Company, Old Boston
Coffee House Incorporated, Old Colonial School Incor-
porated, Old Colony Filling Station, Inc., Old Colony
Press, Old Colony-Rynak Leather Co., Old Colony Trans-
portation Company, Inc., Old Deerfield Inn, Incorporated,
O'Leary and Tracy Inc., Olsen Farms Inc., Olympia Studio
Music Bureau, Inc., Olympia Sweet Shops, Inc., 114
Central Street Corporation, Oriental Bed Company of
Boston, Oriole, Inc., The (1924), Oriole, Inc., The (1932),
Orpheum Amusement Company, Osborne and Byers, Inc.,
Outlet Furniture Company, Overland Express Company,
Inc., Owen Garage, Inc., Owl Restaurant, Inc., Owl Trad-
ing Post, Inc.

P. C. De Luca & Sons, Inc., P. G. Bleaching Water Co.,
P. Guarino & Co., Inc., P. J. Beauchesne, Inc., P. J. Sulli-
van, Incorporated, P. T. Foley & Co., Inc., Pack Shops of
Boston, Inc., Packard Upholstering Company, Packard
Winchester, Inc., Page, Inc., Page Mayonnaise Company,
Palais D'Or Inc., Paragon Construction Co., Paramount
Cafeteria, Inc., Paramount Open Air Tea Room, Inc.,
Paris Cloak Store, Inc., Park Drug Company, Inc., Park
Engineering Co., Park View, Inc., Parker Motor Company,
Parker Terrace Realty Company, Incorporated, Parkers
Fashion Shop, Inc., Parkway Construction Company,
Parkway Hardware Company Inc., Parkway Motor Sales
Inc., Pattison Lumber & Coal Co., Patton Manufacturing
Company, Inc., Paul Revere Silver Co. Inc., Pava Candy
Co., Inc., Pax, Inc., Peabody Amusement Co., Peabody
Cash Market, Inc., Peabody Gas & Oil Company, Peabody
Leather Coat Company, Pearl's Shoppes, Incorporated,
Pease Manufacturing Company, Inc., Peck Shoe Com-
pany, Pemberton Inn Company, Inc., Pemberton Shoe
Company, Inc., Pembroke Hat Company, The, Pennacchio
& Son, Incorporated, Pennrock Lubricants Corporation of
Massachusetts, Pennsylvania Textile Company, Pennsyl-

32 Acts, 1935. — Chap. 8.

vania Tile and Brick Company, Penomoket Camps, Inc.,
Pentucket Industrial Company, Peoples Amusement Cor-
poration, Peoples Coal Company, Pequossette Company,
The, Perfect Hemstitcher Manufacturing Co. Inc., Per-
fection Machine Company, Perin Automotive Engineering
Co., Perin "Roloff" Company, Perkins Manor, Inc.,
Perlys Hats Inc., Perry, Buxton, Doane Company, The,
Perry Service Company, Peter Pan Nut Shops, Inc.,
Petroleum Transfer Company, Philip Goldstein Company,
PhilHps & Roberts Upholstering Co., Phillips Manufac-
turing Co., Phinney Company, The, Phoenix Realty
Company, Phoenix Wood Heel Company, Inc., Physician-
Dentist Service Corporation, Pilgrim Importing Company,
Pilgrim Road Pharmacy, Inc., Pilgrim Shoe Company,
Pinehurst Golf Club Inc., Pioneer Radio and Hardware Co.,
Pitchers' Garage, Inc., Pitt's Radio, Inc., Pittsfield
Co-operative Farmers' Exchange, Pittsfield Farmers'
Cooperative Exchange, Pittsfield Industrial Loan, Inc.,
Pittsfield Millinery Co. Inc., The, Planet Manufacturing
Company, Plaster Craft Corporation, Pleasant Restau-
rant, Inc., Plumas Eureka Corporation, Pneumatic Filler
Co. Inc., Pocasset Wine Co., The, Polish-American Com-
mercial Association, Incorporated, Polish National Home
Incorporated, Pollard Slipshell Company, Incorporated,
The, Pompeo Motor Sales, Inc., Pompeo Transporting
Corporation, Poor's Incorporated, Popular Finance, Inc.,
Port News, Inc., Postindex Company, Inc., Powder House
Chocolate Co. Inc., Pratt & Whitney Company of Massa-
chusetts, Premier Register Table Company, Pressure
Filling & Capping Company, Incorporated, Pretzel Deli-
catessen & Restaurant Inc., The, Prime Furniture Co.,
Primrose Auto Parts Co., Prince-McCann Company, In-
corporated, Princess Garment, Inc., Princess Manufactur-
ing Co., Princess-Marlboro Theatre Company, Inc.,
Principal Distributing Company, Incorporated of New Eng-
land, Priscilla Mfg. Co. Inc., Produce Box Exchange, Inc.,
Professional & Business Service, Inc., Professional Survey
Bureau, Inc., Progressive Amusement Co., Inc., Progres-
sive Confectionery Company, Inc., Progressive Sales Inc.,
Progressive Shoe Company, Protective Products Co.,
Inc., The, ProtectoHze Manufacturing Company, Provi-
dence-New York Airways, Inc., Public Insurance Agency,
Inc., PubHx Meat Chain Inc., Publix Oil Company, Pumps,
Incorporated, Pure Oil Corporation of Massachusetts, The,
Pure Products Co., Inc., Puritan Beverage Distributors,
Inc., Puritan Cafeteria, Inc., Puritan Laundry of Brigh-
ton, Inc., The, Puritan Lunch, Inc., Puritan Lunch of
Springfield, Inc., Putnam Square Motor Service, Inc., Pyro
Talc Company.

R. A. Lohnes, Inc., R. & G. Store Front Construction
Co., R. & J. Farquhar Company, R & R Construction Com-
pany, R & S Amusement Corporation, RCA Victor Com-
pany (Mass.), R. C. Stanley Shoe Co., R. D. Marson, Inc.,

Acts, 1935. — Chap. 8. 33

R. Dietz Leather Co. Inc., R. Dunkel, Inc., R. E. Cox Coal
Co., Inc., The, R. H. Scales, Inc., R-K-R Wholesale Gro-
cers, Inc., R. P. Williams Lumber Corporation, R. Silver-
man & Co., Inc.,, R. T. Berry Co., R. W. Bickford Com-
pany, Inc., Rabbit City, Inc., Racing Syndicate, Inc.,
Radiator Furniture Co., Radio Installation & Service Co.,
Rainbow Inn, Inc., Rainsford Springless Shade Roller Co.,
Ralph Johnson & Co., Inc., Ralph T. Harnden, Inc., Ralton
Corporation, The, Ramby Specialty Company, Randall
Stores, Inc., Ranesk Products, Inc., Rapid Cleansers &
Dyers, Inc., Rapids Enterprises, Inc., Rapkin-Miller Co.,
Raymond Shoe Company, Raynham Nurseries, Inc., Read-
ing Soft Water Laundry, Inc., Real Estate Investors of
Massachusetts, Inc., Realty Supplies, Inc., Red Wing
Oil Company, Red Wing Orchards, Inc., Reedy Specialty
Co., Inc., Reid Piston Company, Reid's Candies, In-
corporated, Relay House, Inc., Reliable Cosmetic Co.,
Rehable Turn Shoe Co. Inc., Reliable Upholstering Co.,
Reliance Machine and Specialty Company, Rehance
Shoe Company, Reliance Specialty Co., Inc., Reming-
ton Pictures of N. E. Inc., Renaud et Cie of America,
Rendle Corporation, The, Reproductions Company, Re-
tail Merchants Credit Association of Brockton, Inc.,
Revere Bath House & Amusement Company, Revere
Mop Corporation, Rexy Bedding Company, Rhodes-
Shea Co., Inc.; Rice-De Angehs Co., Richard D. Canty
Company, Richard Henry Company, Richards & Bren-
nan Co., Richards & Co., Incorporated, Richardson Phar-
macy, Inc., Richdale Community Service Station of
Melrose, Inc., Richmond Banana Co. Inc., Richmond Shoe
Company, Rickard Shoe Company, Rite-Fit Shoe Com-
pany, Inc., Riverside Paint & Varnish Company, River-
way Realty Corporation, Robbins & Moulton Company,
Inc., Robbins Motors, Inc., Robbio, Inc., Robert A. Nord-
blom Company Inc., Robert C. Allen Construction Co.,
Robert G. Pease, Inc., Roberts Furniture Corporation,
Roberts Shoe Co., Robinson Automotive Corporation, The,
Robinson Dress Company, Inc., Robinson, Harmon &
Company, Incorporated, Robinson Management Asso-
ciation, Inc., Robinson's, Inc., Rock Island Land Com-
pany, Rockwood Franklin Co., Inc., Roger T. Fay In-
corporated, Rogers Furniture Corporation, Rollins Apparel
Shoppe, Inc., Rosh Waste Paper Company, Roslindale-
Nash, Inc., Roslindale Public Market, Inc., Rosoff & Com-
pany, Incorporated, Ross Co. Bedding Stores, Inc., The,
Rounds Talking Picture Shows, Inc., Roxbury Crossing
Motor Mart, Inc., Roxbury Free Press, Inc., Roxbury
Garage, Inc., Roxbury System Inc., Roy, Clair Co., Inc.,
Royal Bag Co., Royal Bottling Company, Royal Date
Company, Royal Market, Inc., Royal Spaghetti Palace
Inc., Royal Worcester Polish Co., Rubberhide Company,
Rudell's, Inc., Rudo Corporation, Russell and Burman,

34 Acts, 1935. — Chap. 8.

Inc., Russell Rapid Contract, Inc., Rutland Cafeteria,
Inc., Ryco Sales Company, Ryder Grain Company.

S. A. Shiepe Co., S. & B. Construction Company, S. and
J. Corporation, S. Arthur Shaw Co., Incorporated, The,
S. E. Berman Co., S. Gray Company, The, S. K. Pierce &
Son Co., S. S. Realty Company, S. Sullo Extract Company,
S. W. Dow, Incorporated, S. W. Straus & Co., Incorporated,
Sablet Corporation, Safety Blue Flame Oil Burner Com-
pany, Inc., Safety Clear Vision, Inc., Sagamore Beach
Development Company, Sagamore Distributing Co. Inc.,
Sagamore Real Estate Trust, Inc., St. Albans Grain Com-
pany, St. Jean Baptiste Corporation, Salco Lock Corpora-
tion, Salem Wood Heel Co. Inc., Salem Wood Heel Cor-
poration, Sales, Tires and Repairs Company, Salisbury
Beach Athletic Association, Inc., Salsterol Laboratories
Inc., Sam Dubin and Son, Inc., Sam Salovitch, Inc.,
Samors, Incorporated, Sampson Construction Co., Inc.,
Sampson Press Inc., Samuel D. Viets Insurance Agency,
Inc., Samuel Shoe Corp., Samuel Wasser Shoe Co., Samuels
Process Corporation, Sanborns Diner Inc., Sani Wash
Laundry Corporation, Sargent Textile Company, Savage
Boat Co., Ltd., Savannah Food Products Company, Inc.,
The, Sawyer & Day, Inc., Sawyer Card and Paper Co. Inc.,
Sawyer, Fiske & Spencer, Incorporated, Sawyer, Fiske &
Spencer Securities, Inc., Sawyer Products Co., Sch. Beauty
St. Joseph, Inc., Sch. Louis A. Thebaud, Inc., Schneider
Stabilizer, Incorporated, Schroeder Corporation, Schup-
bach and Zeller, Inc., Schwartz Fruit & Produce Co., Inc.,
Scott Shoemakers, Inc., Scott's Inn, Inc., Scully Sand &
Gravel Co., Seaboard Service Corporation, Sears and Son
Company, Seaver Shoe Company, Inc., Securities Co. Inc.,
The, Securities Trend Counsel, Inc., Security Corpora-
tion of Springfield, The, Securotex Company, Selden
Slipper Co., Seligman Department Store, Inc., Selwyn Shoe
Corporation, Selwyn Shoe, Inc., Service Express, Inc.,
Service Station Equipment Company, Seville Drug Store,
Inc., Shapiro Bros. & Gordon, Inc., Sharfman's Jewelry
Mart, Inc., Sharon Parcel Delivery Inc., Shaw-Annis
Woodworking Company, Shawmut Automotive and Bat-
tery Manufacturing Corporation, Shawmut Beverage Dis-
tributing Co., Inc., Shawmut Leather Company, Inc.,
Shawsheen Associates, Inc., The, Shea Realty Company,
Shelburne Co-operative Creamery, The, Shelburne Falls
Co-operative Farmers' Exchange, Shepard Company,
The, Shepard Stores, Incorporated, The, Sherman Looms,
Inc., Sherwin-Sheppard Co., Sherwood, Wilder, Sherwood
Inc., Shipways, Inc., Shoe City Wood Heel Company,
Shore Motor Transportation Company, Short Wave and
Television Laboratory, Inc., Shubert Grill, Inc., Sibulkin
& Friedman Inc., Siff, Allman & Tamny Co., Signal Shoe
Company, Silver Lake Associates, Inc., Silversteiri and
Lewis Inc., Simmons Furniture Company, Simmons Hard-
ware Company, Simplimus, Inc., Sirianni Construction

Acts, 1935. — Chap. 8. 35

Co., Skelly Detective Service, Inc., Slovin-Goodwin Pants
Co., Smith & Varney, Inc., Smith & Whiting Inc., Smith-
Babcock Silver Company, Smith-Crawford Shoe Corpora-
tion, Smith Engineering Corporation, Smith Iron Foundry,
Incorporated, The, Smith, Scott & Company, Inc., Smith's
Bell Farm Stores, Inc., Smith's Inc., Snap-Pee Shoe Co.,
Snappit Springs Cranberry Company, Snow Sheen Cor-
poration, Solly Genstil Shoe Company, Inc., Solrex Co.,
Inc., The, Som Toy Food Products Co., Inc., Sombco In-
corporated, Somerville Evening News Co., Somerville
Nash Co. Inc., Sommer's Transfer Co., Inc., Sorosis Manu-
facturing Company, Souhegan Electrical Company, South
Boston Land Company, South End Market, Inc., South
Shore Engineering Company, South Shore Grocery and
Beverage Company, South Shore Newspaper Company,
South Shore Realty Company, South Shore Restaurants,
Inc., South Shore Transportation Company, Southgate
Press, The, Souvenir Shoe Company, Specialties Sales,
Incorporated, Spencer Motor Company, Inc., Spencer
Trucking Company, Spindle City Nash, Inc., Splendid
Cafeteria, Inc., Splendid View Realty Co., Sprague &
Reynolds Company, Spring Coal & Coke Co., Spring Street
Canoe House, Inc., Springfield Air Lines, Inc., Springfield
Aircraft Co., Springfield Asia Restaurant Inc., Springfield
Brake Shop, Inc., Springfield Central Realty Co., Spring-
field Exhibition Company, Inc., Springfield Property Com-
pany, Springfield State Building Corporation, Stake-Tite
Company, The, Stakolite Corporation, The, Stamler &
Chertok Company, Standard Action Co., Standard Candle
Manufacturing Company of New England, Inc., Standard
Foundations of New England, Inc.. Standard Office Equip-
ment Company, Standard Rim & Wheel Company, Stand-
fast Shoe Company Inc., Stanley H. Wilhs, Inc., Star
Credit Clothing Company, Star Department Store Inc.,
Star Wool Waste Co., Inc., State Lunch Co. Inc., State
Theatre Ball Room Inc., The, Statler Tire & Supply Co.,
Inc., Steel Needle Company, Steeves-Berringer Co., Inc.,
Stein Realty Corporation, Stephen M. Moran, Inc., Sterling
Cafeteria, Inc., Sterhng Motor Products, Inc., Sterhng
Products Company, Sterling Silk Underwear Mills, Inc.,
Sterling Upholstering Co., Stcts Company, Incorporated,
Stevens Manufacturing Corporation, Stewart Company,
Inc., Stone-Lyons Shoe Co., Inc., Stop & Shop Market, Inc.,
Strand Leather Company, Stronglite Company, Inc.,
Stroum Furniture Co., Inc., Stuart-Marshall Realty Com-
pany, Stuart's Stores, Inc., Students' Furniture Exchange,
Inc., Style-Rite Shoe Co., Style Wood Heel Company,
Styler Sales Co., Suburban Hardware and Automobile
Supply Co., Sudanette Company, Inc., Suffolk Investment
Corporation, Sullivan & Mogul Inc., Sunkiss Poultry Farm
Inc., Sunrayed Limeshell Products Company, Sunrise
Confectionery Company, Incorporated, Superior Comb
Company, Superior Knitting Co., Superior Yeast Co. Inc.,

36 Acts, 1935. —Chap. 8.

Supremacy Pen and Ink Company, Supreme Wood Heel
Co., Surety Finance Corporation, Swan Rigging & Truck-
ing Co., Sweeney Motor Trucking & Contracting Com-
pany, The, Sweet's Market, Inc., Swift River Trout Pond
Co. Inc., Sword Brothers Inc., Sycle Shoe Co., Inc., Sykes
and Sykes Incorporated.

T. B. Forsyth Inc., T. E. Moseley Co., T. F. Hooley &
Co. Inc., T. F. Moran Co. Inc., T. G. Frothingham & Co.
Incorporated, T. G. Jewett Co., Inc., T. J. McCue Construc-
tion Co., Inc., T. L. R. Products Company, Taber Chevro-
let, Inc., Taber Motor Sales, Inc., Tappan Shoe Co., Inc.,
Tappey Leather Corporation, Tarbell's Candy Shoppes,
Inc., Taunton Cotton Mills Company, Taunton Silks
Corporation, Tavel Dress Company, Inc., Tavern Corpora-
tion, The, Taylor-Wheeler Corporation, The, Telegram-
Sun Inc., Temperature, Inc., Ten Men, Inc., The, Tenney
and Porter, Inc., Tenney Food Products Corp., The,
Tenrug Liquidating Corporation, Teplow Service Corpora-
tion, Terminal Fumigating Company, Terney Drug, Inc.,
Tex Corporation, Textile Label Company, Inc., Thibodeau
Specialty Company, Thomas-Cervera, Gagunen, Inc.,
Thomas F. Hayes Inc., Thomas F. Phelan Company,
Thomas F. Santolucito Inc., Thomas H. Carritte, Inc.,
Thomas Leyland Machinery Company, Thompson Build-
ing Company, Thompson Coal Co., Thompson Special-
ties, Inc., The, Thompson Warren Company, Three Millers
Products, Inc., Thrift Garage, Incorporated, Thunderbolt
Co. Inc., Tidd Recording Clock Company, Incorporated,
Tidewater Oil Company, Times-Herald Publishing Co.,
Timpany's, Inc., Tire Sales Corporation, Tixim Polish Co.,
To-Ho-Ne, Inc., Tom Gushing, Inc., Tom Wilson, Limited,
Touraine Glove Company, Inc., Tower & Co., Incorporated,
Tower Hill Greenhouses, Incorporated, Townsend Products,
Inc., Traders Finance Company, Traders Mercantile
Service, Inc., Trading Fund Inc., The, Travello Company,
Trawler Leretha, Inc., Trawler Marietta B. Co., Inc.,
Treadway Realty Corporation, Tremont Construction
Co. Inc., Tri-State Realty Co. Inc., Tri-Tan Leather Co.,
Triallied Service, Inc., Trimount Operating Co. Inc., Trio
Dresses Inc., Trojan Pictures, Inc., Trotter and Poor, Inc.,
Trowbridge The Druggist, Inc., Troy, Galassi, Butler, Inc.,
Trustee Associates, Incorporated, Tr3'--Cone Company,
Tucker-Innersole Inc., Tung-Sol Lamp Works Inc. (New
England Division), Tuohey Company, The, Turner Engi-
neering Corporation, 25 Cent Beauty Salon, Inc., Twin
Electric, Inc., Two Brothers Chemical Company, Two
Eight Six Chestnut Street Corporation, Tyler Publishing
Company, Inc., The, Typodex Company.

U. S. Postal Meter Corp. of New England, Under-
writers' Finance Corporation, Unger Trading Company,
The, Ungvarsky & Co., Inc., Union Ice Company, Union
Market Corporation, Union Square Garage, Inc., United
Auto Supply Corporation, United Cast Magnet Corpora-

Acts, 1935. — Chap. 8. 37

tion, United Diners, Inc., United Electrical Corporation,
United Hardware Stores, Inc., United Industries, Inc.,
United Motor Sales, Inc., United Neon Sign Corp., United
Productions, Inc., United States Mortgage Corporation,
Unity Shoemakers, Inc., Universal Aid, Inc., Universal
Building Maintenance Co., Universal Detective Service
Inc., Universal Machine Company, Universal Motor Sales
Co., Universal Pressed Steel Company, Universal Profit-
Sharing Coupon Company, Universal 16-MM Corporation,
University Amusement Company, Inc., University Manu-
facturing Company, Upper Land Farm, Inc., Upstar Hold-
ing Corporation, Uptown Garage, Inc., Uxbridge Coal Co.

V, F. Company, Valley Chevrolet, Inc., Varsity Deli-
catessen Co., The, Vendit, Incorporated, Vermont Lumber
Co., Inc., Vialle Motor Company, Vina Corporation, The,
Vincent Sandwich Shop, Inc.

W. B. Rice Shoe Co., Inc., W. E. Coffin, Inc., W. F.
Parsons, Inc., W. H. Welch Company, W. J. Woods Com-
pany, Incorporated (1917), W. M. Evatt Company, W. M.
Rosenfield Transportation Inc., W. O. Simmons Company,
W. S. Rees Teaming and Rigging Co. Inc., W. V. Flynn
Company, Inc., W. W. Boynton, Inc., Waban Hotel Com-
pany, Wachusett Spring Beverage Co., Inc., Wachusett
Trap Rock Co., Wakefield "All-Steel" Wrench Co. Inc.,
Wakefield Garage Mfg. Company, Wakefield Milling Co.,
Wakefield Motor Sales and Service Inc., Wakefield Stor-
age Company, Wakefield Trust Associates Inc., Waldo
Bros, and Bond Company, Wallace Grain Company,
Wallace-Roberts, Incorporated, Walter Emery Co., Wal-
ter S. & Needle Inc., Walter's Drug Company, Waltham
Dairy Company, Waltham Lumber Company, Walton
Garage, Inc., Wanderer, Inc., The, Wareham Cranberry
Company, Warner Company, Warren-Allen Carpet
Company, Inc., Warren County Gas Corporation, Warren
H. Manning Offices Inc., Warren Shoe Company, Warren
Woolen Mills, Warren wood. Inc., Washburn Manufac-
turing Company, Waters, Inc., Watertown Lumber Com-
pany, Watson and Briggs Company, The, Watson Brothers,
Inc., Watson Shoes Inc., Wawpano Products Co., Inc.,
Wear Well Tie Co., Inc., Webster Live Poultry Cor-
poration, Webster Lumber Corporation, Webster's Drug
Stores, Inc.'^ Weeden Engineering Co., Weetamoe Mills,
Weld Golf Course Trust, Inc., Weldona Corporation,
Wellfleet Grain Co., Wellington-Foote, Inc., WelHngton
Realty Corporation, Wellman, Cakes & Higgins, Inc.,
Welson Realty Corporation, Wendall Company, The,
Wendell, Holbrook Company, West & Dodge Thread
Gauge Co., Inc. (1927), West Barnstable Brick Company,
West Bridgewater Grain Company, West End Drug
Company, The, West Lynn 5 and 10 cent Store Inc., West
Warren Realty Corp., Westbury Company, Western Mass.
Realty Co., Inc., Western Produce Company, Westfield
Community Mortgage Loan Corporation, Westwood Mills,

38 Acts, 1935. — Chap. 8.

Inc., Weymouth Cafeteria Inc., Weymouth Manufactur-
ing Company, Inc., Whale Confections, Inc., White Enter-
tainment Bureau, Whitehouse Fish Market, Inc., Whitney
Furniture Co. Inc., Whitney Machine Company, Whole-
salers & Retailers Protective Association, Inc., Widger &
Miller Company, Wilben Bottling Company, Wilber
Realty Corporation, Wilbraham Business Corporation,
Wilcox & MacLean Company, Wiley-Bickford-Sweet Com-
pany, The, William A. Davis Company, The, William D.
Rowe, Inc., William Fox Furniture Co. Inc., William J.
Comeau, Inc., William L. Roper Company, William Morris
Theatrical Exchange Corp., William Rosnosky Company,
WiUiam W. Drummey, Inc., Williams & Davis Inc., Will-
morey Realty Company, Inc., Willoughby-Scott, Inc., Wil-
son Oil Burner Corporation, Win-Shine Company, The,
Winall Co., Winchester Country Day School, Inc., Win-
chester News Co., Windo-Art Display Company, Inc.,
Window Novelty Co., Inc., Winer-Kane Shoe Co., Winni-
simmet Finance Corporation, Winona Realty Company,
Wiscasset Grain Company, Wit Shoe Corporation, Woburn
Furniture Co., Inc., Woburn Woodworking Co., Inc., Wolfe
Colub Leather Co., Wollaston Land and Construction
Company, Woman's Quality Shop, Inc., The, Wonder-
Heat Burner Co., Wood Square Garage Incorporated,
Wood Square Motors, Inc., Woodcraft Enamel Co., The,
Woods Construction Company, Woodstock Realty Corp.,
Wooleather Slipper Company, Worcester Brick Company,
Inc., Worcester Curtain Company, Worcester Develop-
ment Trust, Inc., Worcester Dress Manufacturing Com-
pany, Worcester Farms Creamery, Inc., Worcester Index
Bureau, Inc., Worcester Neckwear Corporation, Worcester
Syndicate, Incorporated, The, Woronoak Farms Company,
Worthington Candy Kitchen, Inc., Worthington Lunch,
Inc., Worthley Furniture Company Inc., Wright-Harding
Company, Wright Wire Company.

Y D Motors of Boston, Inc., Y-D Sawdust & Shavings
Co., Yankee, Inc., The, Ye Piccadilly, Inc., Yellow Cab
Co. of Worcester, Mass., York Drug Co., Young & John-
son Co. (Inc.), Young Sherman Co., Youngberg & Land-
berg, Inc., Young's Market Inc.

Z. A. Ward Wood-working Company, ZYX Company,
Za-Rex Company Inc., The, Zanditon Motors, Incor-
porated.

Charitable and Other Corporations.

Abraham Lincoln Post, Veterans of the World War.

Balboa Limited, Inc.

Burgess Yacht Club.

Cape Cod Central Club, The.

Cercle Canadien of New Bedford, Inc.

Crompton & Knowles Athletic Association.

Dedham Boat Club.

Essex County Dairymen's Association, Inc.

Acts, 1935. — Chap. 8.

Gloucester Unemployment Relief Committee, Inc.
Greek" Orthodox Community.

Harbor View Social and Athletic Association, The.
Ladyhouse Incorporated.
Leyden Club Corporation, The.
Major How G. A. R. Association.
Merchants Club of Boston.
Miss Mills's School, Inc.
Nayasset Club.

Neighborhood Club of Swampscott Inc., The.
Princeton Country Club.
St. Agnes School Association of Arlington.
Saint Charles Roman Cathohc Lithuanian Society of
Holyoke, Mass.

Seabury House, Incorporated.

Shuh-Shuh-Gah Canoe Club.

South Ashburnham Social and Athletic Association.

University Film Foundation.

Worthen Street Baptist Church of Lowell.

Public Service Corporation.
New Salem 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 previ-
ously dissolved, or to make vahd any defective organization
of any of the supposed corporations mentioned herein.

Section 3. Suits upon choses in action arising out of
contracts sold or assigned by any corporation dissolved
by this act may be brought or prosecuted in the name of
the purchaser or assignee. The fact of sale or assignment
and of purchase by the plaintiff shall be set forth in the
writ or other process; and the defendant may avail him-
self 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 in the
year nineteen hundred and thirty-five as required by
chapter sixty-three of the General Laws. The tax liability
of each of the corporations named in this act shall be de-
termined in accordance with the existing laws of this
commonwealth.

Section 5. This act shall be operative as of January
first, nineteen hundred and thirty-five.

Approved February 16, 1935.

Pending suits
not affected,
etc.

Suits upon
choses in
action, how
brought, etc.

Obligation to
file tax
returns, etc.

When
operative.

40 Acts, 1935. — Chaps. 9, 10.

Chap. 9 An Act authorizing the town of dennis to vote at

ITS CURRENT ANNUAL TOWN MEETING ON THE QUESTION
OF GRANTING LICENSES FOR THE SALE IN SAID TOWN OF
ALCOHOLIC BEVERAGES.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Dennis are
hereby authorized and directed to insert in the warrant for
its annual town meeting in the current year an article or
articles enabling the voters of said town to vote at said
meeting on the questions contained in section eleven of
chapter one hundred and thirty-eight of the General Laws,
as appearing in section two of chapter three hundred and
seventy-six of the acts of nineteen hundred and thirty-
three; and the votes at said meeting on said questions shall
have the same force and effect from and after said meeting
as if taken at the last biennial state election.

Section 2. The votes under section one shall be taken
by ballots prepared by the town clerk which shall set forth
said questions and the directions to the voters, all as pro-
vided in said section eleven. The ballots shall be dis-
tributed at the polling places under the direction of the
town clerk, and the polls shall be open for voting on said
questions not less than four hours. The provisions of the
General Laws relative to the ascertainment of the result of
the voting at state elections and returns thereof shall,
so far as practicable, apply to the vote taken hereunder.

Section 3. The votes taken in the town of Dennis
at the last biennial state election under the provisions of
said section eleven, shall have no further force or effect.

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

Approved February 15, 1935.

Chap. 10 An Act designating the chief engineer of the fire

department of the town of CLINTON AS CHIEF OF THE
FIRE DEPARTMENT OF SAID TOWN, AND PLACING THE OFFICE
OF SAID CHIEF UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The chief engineer of the fire department
of the town of Clinton shall hereafter be designated as the
chief of the fire department of said town.

Section 2. The office of chief of the fire department
of the town of Clinton shall, upon the effective date of
this act, become subject to the civil service laws and rules
and regulations relating to the appointment and removal of
permanent members of 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.

Acts, 1935. — Chap. 11. 41

Section 3. This act shall be submitted to the regis-
tered 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 of the general court passed in the current year, entitled
'An Act designating the Chief Engineer of the Fire Depart-
ment of the Town of Clinton as Chief of the Fire Depart-
ment of said Town, and Placing the Office of Said Chief
under the Civil Service Laws', be accepted?" If a ma-
jority of the voters voting thereon vote in the affirmative
in answer to said question, this act shall thereupon take
full effect, but not otherwise.

Approved February 15, 1935.

An Act ESTABLISHING NON-PARTISAN MUNICIPAL ELECTIONS (JJidnj W
IN THE TOWN OF SOUTH HADLEY.

Be it enacted, etc., as follows:

Section 1. No ballot used at any election of town
officers in the town of South Hadley shall have printed
thereon any party or political designation or mark, and
there shall not be appended to the name of any candidate
on such a ballot any party or pofitical designation or mark,
or anything indicating his views or opinions, except that
to the name of a candidate for re-election there may be
added the words "candidate for re-election".

Section 2. Nomination papers of candidates at any
such election shall be signed by not less than twenty-five
registered voters of the town and filed with the town clerk
at least fifteen days before the election. Except as other-
wise provided in this act, the provisions of the General
Laws governing town elections and nomination of candi-
dates therefor shall apply to town elections in said town.

Section 3. This act shall be submitted to the regis-
tered voters of said town at its annual town election in the
current year. The vote shall be taken in precincts in
accordance with the provisions of general law, so far as the
same shall be applicable, in answer to the following ques-
tion, which shall be placed upon the official ballot to be used
at such election: — "Shall an act passed by the General
Court in the year nineteen hundred and thirty-five, en-
titled 'An Act establishing Non-Partisan Municipal Elec-
tions in the Town of South Hadley,' be accepted?" If a
majority of the votes cast thereon are in the affirmative,
this act shall take effect in said town beginning with the
regular or special municipal election next following. If
not accepted at said current town election, this act may
again be submitted at any annual or special election held
within two years of its passage upon petition of not less
than five per centum of the registered voters of said town.

Approved February 15, 1935.

Acts, 1935. — Chaps. 12, 13, 14.

Chap. 12 An Act relative to the renewal of certain temporary

REVENUE LOANS BY CITIES AND TOWNS.

Emergency Whereas, The deferred operation of this act would, in

preamble. part, 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:

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-four, nineteen hundred and thirty-five
or nineteen hundred and thirty-six, and the approval as
aforesaid of any such extension shall authorize the issue of
renewal notes for the period or periods so approved, not-
withstanding 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 with-
out the approval of the board.

Approved February 15, 1935.

Chap. 13 An Act removing certain restrictions on the hunting

OF QUAIL IN MIDDLESEX AND WORCESTER COUNTIES.

Be it enacted, etc., as folloivs:

Section eighty-five of chapter one hundred and thirty-
one of the General Laws, as most recently amended by
chapter twenty-eight of the acts of nineteen hundred and
thirty-two, is hereby further amended by striking out, in
the fifth and sixth lines, the words ", Middlesex, Nantucket
or Worcester" and inserting in place thereof the words: —
or Nantucket, — so as to read as follows: — Section 85.
Except as provided in section seventy-eight, no person,
except between the twentieth of October and the twentieth
of November, both inclusive, shall hunt a quail, nor shall
any person hunt a quail at any time in Berkshire, Essex,
Franklin, Hampden, Hampshire or Nantucket county.

Approved February 20, 1935.

Chap. 14 An Act authorizing the establishment of a public golf

COURSE IN D. W. field PARK IN THE CITY OF BROCKTON.

Be it enacted, etc., as follows:

Section L The city of Brockton, acting through its
board of park commissioners, hereinafter called the board,
may use not more than two hundred acres of land in the

G.L. (Ter.
Ed.), 131,
§ 85, etc.,
amended.

Close season
for quail.

Acts, 1935. — Chaps. 15, 16. 43

public park in said city, known as D. W. Field Park, for
the purpose of establishing and maintaining therein a
public golf course, and may install and construct on the
land so used, such equipment and buildings for shelters,
the sale of refreshments and other purposes conducive
to its beneficial use as a public golf course as may be neces-
sary, and may charge fees for the use of said course and for
admission thereto.

Section 2. Said public golf course shall be under the
exclusive care, management and control of the board,
which shall make such rules and regulations, not incon-
sistent with law, in relation to the use and management
thereof as it shall deem necessary or expedient. The
powers and duties given to and imposed upon the board
in relation to said public golf course by this act shall, except
as expressly provided therein, be in addition to and not
in any sense in derogation of its authority over said land,
under chapter forty-five of the General Laws.

Section 3. In the discharge of its duties hereunder, the
board shall have authority to employ such clerical and
other assistants at such rates of pay as the board shall deem
reasonable and proper. The appointment and removal
of such assistants shall be exempt from the provisions of
chapter thirty-one of the General Laws, and the rules and
regulations made thereunder.

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

Approved February 21, 1935.

An Act to grant certain powers to Suffolk law (JjiQ/n, 15

SCHOOL.

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

Be it enacted, etc., as follows:

The trustees of Suffolk Law School, a corporation created
by chapter one hundred and forty-five of the acts of nine-
teen hundred and fourteen, are hereby empowered to
confer the degree of master of laws and to establish and
maintain a college of liberal arts with power to confer the
degrees usually awarded by colleges of liberal arts in this
commonwealth except the degrees of doctor of philosophy
and doctor of laws. Approved February 21, 1935.

An Act relative to the election of the president of Qfiap. 16

THE CITY council OF THE CITY OF WESTFIELD.

Be it enacted, etc., as folio ivs:

Section 1. Section four of chapter two hundred and
ninety-four of the acts of nineteen hundred and twenty,
as affected by chapter seventy-four of the acts of nineteen
hundred and twenty-four and by chapter one hundred and

Acts, 1935. — Chaps. 17, 18.

three of the acts of nineteen hundred and thirty, is hereby
amended by striking out, in the third line, the word "annu-
ally", — so that the second sentence will read as follows: —
One of its members shall be elected by the council as its
president.

Section 2. This act shall take effect upon its ac-
ceptance during the current year by vote of the city council
of the city of Westfield, subject to the provisions of its
charter. Approved February 21, 1935.

Chap. 17 An -^CT authorizing the county of MIDDLESEX TO CON-
TRIBUTE TOWARD THE RECONSTRUCTION OF A PORTION
OF BEACON STREET IN THE CITY OF NEWTON.

Be it enacted, etc., as follows:

Section 1. For the purpose of contributing, together
with the commonwealth, to the cost of reconstructing that
portion of Beacon street in the city of Newton lying be-
tween a point on Beacon street four hundred yards west of
Walnut street in the city of Newton and the Newton-
Boston line, so called, the county of Middlesex is hereby
authorized to make an allotment out of the then current
appropriation for highways and bridges for said county.

Section 2. This act shall take effect upon its accept-
ance during the current year by the county commissioners
of said county. Approved February 21, 1935.

Chap. 18

G. L. (Ter.
Ed.), 172, § 18,
etc., amended.

Trust
companies,
capital stock;
amount, issue,
increase of.

An Act relative to the capital stock of trust
companies.

Be it enacted, etc.. as follows:

Section eighteen of chapter one hundred and seventy-
two of the General Laws, as amended by section twelve
of chapter three hundred and forty-nine of the acts of nine-
teen hundred and thirty-four, is hereby further amended
by striking out, in Hnes twenty-five, twenty-eight, thirty-
three, forty-four and fifty, the word "common" and insert-
ing in place thereof, in each instance, the word: — capital,
— and by striking out, in the fifty-fifth line, the word
"eighteen" and inserting in place thereof the word: —
eighty-three, — so as to read as follows: — Section 18.
The capital stock of such corporation may consist of com-
mon stock and one or more classes of preferred stock, all
issued, except as hereinafter provided, in such amount and
with such par value, as shall be approved by the commis-
sioner. The preferred stock may contain such provisions
relative to preferences, voting powers, retirement, dividend
and conversion rights and participation in control and
management, as the by-laws and articles of organization,
with the approval of the commissioner, may provide," but
the holders thereof shall not be held individually responsible
as such holders for any debts, contracts or engagements

Acts, 1935. — Chap. 18. 45

of such corporation and shall not be liable for assessments
to restore impairments in its capital.

In case dividends on the preferred stock are to be cumu-
lative, no dividends shall be declared or paid on common
stock until all such cumulative dividends shall have been
paid in full and all requirements of any retirement fund
shall have been met; and if such corporation is placed in
voluntary liquidation, or a conservator is appointed there-
for, or possession of its property and business has been taken
by the commissioner, no payments shall be made to the
holders of the common stock until the holders of the pre-
ferred stock shall have been paid in full the par value of
such stock plus all accumulated unpaid dividends.

The capital stock of such corporation shall be not less
than two hundred thousand dollars, except that in a city or
town whose population numbers not exceeding fifty thou-
sand but exceeding six thousand the capital stock may be
not less than one hundred thousand dollars, and in a town
whose population numbers not exceeding six thousand, not
less than fifty thousand dollars. No business shall be
transacted by such corporation until the whole amount of
its capital stock is subscribed for and actually paid in.
No stock of such corporation specified in its original agree-
ment of association shall be issued under this section unless
and until the par value thereof shall be fully paid in in
cash, and no stock in addition thereto, whether common or
preferred, shall so be issued unless and until the par value
thereof shall be fully paid in in cash or such other good and
valuable consideration as shall be approved by the com-
missioner or is in its possession as surplus; provided,
that no stock shall be issued against surplus unless the
surplus remaining after such issue shall amount to at least
fifty per cent of the total capital stock of the bank after
such increase. Any such corporation may, subject to the
approval of the commissioner, increase or reduce its capital
stock in the manner provided by section forty-one, section
forty-four, and the first sentence of section forty-five, all of
chapter one hundred and fifty-six; provided, that in the
case of a reduction as aforesaid the capital stock as so
reduced shall not be less than the amount required by this
section; and provided, further, that in the case of a re-
organization of any such corporation in possession of the
commissioner under section twenty-two of chapter one
hundred and sixty-seven or in possession of a conservator
under section eighty-three of this chapter, the capital
stock outstanding at the time of possession taken by the
commissioner or conservator, may be cancelled in whole or
in part or other disposition thereof made in accordance
with any plan of reorganization approved by the commis-
sioner and the supreme judicial court. Any such corpora-
tion may change the par value of its shares in the manner
provided by sections forty-one and forty-three of said
chapter one hundred and fifty-six.

Approved February 23, 1935.

Acts, 1935. — Chaps. 19, 20, 21.

Chap. 19 An Act repealing certain provisions of law relative
TO expenditures by the school committee of the city

OF BOSTON FOR ATHLETIC PURPOSES.

Be it enacted, etc., as follows:

Chapter one hundred and eleven of the acts of nineteen
hundred and thirty-one is hereby repealed.

Approved February 23, 1935.

Chap. 20 An Act authorizing the town of dennis to take over

THE PROPERTIES AND TO ASSUME THE OBLIGATIONS OF THE
DENNIS SOUTH IMPROVEMENT DISTRICT.

Be it enacted, etc., as follows:

Section 1. The town of Dennis is hereby authorized
to take over all the property, rights and privileges of the
Dennis South Improvement District established in nine-
teen hundred and twenty-four under authority of chapter
forty of the General Laws, and to assume all the duties and
obligations of said district, and shall thereby become in
all respects the lawful successor of said district.

Section 2. This act shall take effect upon its ac-
ceptance by a majority of the voters in the Dennis South
Improvement District present and voting thereon and by
a majority of the voters of the town of Dennis present and
voting thereon, at a meeting called under a regular warrant
as required for any town meeting.

Approved February 23, 1935.

ChaV 21 -^^ ^^'^ RELATIVE TO CONFERRING THE DEGREE OF MASTER
OF EDUCATION IN STATE TEACHERS COLLEGES.

G. L. (Ter.
Ed.). 73, § 7.
etc., amended.

Degrees.

Be it enacted, etc., as follows:

Chapter seventy-three of the General Laws is hereby
amended by striking out section seven, as most recently
amended by section seventeen of chapter one hundred and
twenty-seven of the acts of nineteen hundred and thirty-
two, and inserting in place thereof the following: ■ — Section
7. The department may grant the degree of Bachelor
of Education or of Bachelor of Science in Education to
any person completing a four-year course in a Massachu-
setts state teachers college and may grant the degree of
Master of Education to graduates of colleges or universi-
ties who have sati.sfactorily completed a graduate course of
instruction in any such teachers college.

Approved February 23, 1935.

Acts, 1935. — Chaps. 22, 23, 24.

Chap. 22

An Act relative to the granting op masters' degrees

AT the LOWELL TEXTILE INSTITUTE.

Be it enacted, etc., as follows:

Section forty-seven E of chapter seventy-four of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, §47E,amended.
is hereby amended by adding at the end thereof the fol-
lowing new paragraph: —

The board may also grant the degrees of master of science Degrees.
in textile chemistry and master of science in textile engineer-
ing to students who have completed satisfactorily graduate
work of not less than one year resident instruction as pre-
scribed by the board and approved by the commissioner.

Approved February 23, 1935.

An Act relative to the observance each year of the fh^^. oo

ANNIVERSARY OF THE BATTLE OF NEW ORLEANS. "'

Be it enacted, etc., as folloivs:

Chapter six of the General Laws is hereby amended g. l. (Ter.
by inserting after section twelve E, inserted by chapter ^ction'i2F
one hundred and ninety-one of the acts of nineteen hun- added.
dred and thirty-four, the following new section: — Section New Orleans
12F. The governor shall annually issue a proclamation ^^^'■
setting apart January eighth as New Orleans Day and
recommending that it be observed by the people with ap-
propriate exercises in the public schools and otherwise,
as he may see fit, to the end that the memory of the services of
the soldiers and sailors of the war of eighteen hundred and
twelve, and the lessons to be learned from the successes
and failures of our arms in that war, may be perpetuated,
and the governor shall annually cause a national salute
to be fired on Boston Common at noon of said day.

Approved February 23, 1935.

An Act making again available certain benefits in (Jfiaj) 24

CONNECTION WITH THE GRANTING OF CERTAIN CERTIFI-
GATES AND PERMITS FOR MOTOR VEHICLES TRANSPORTING
PROPERTY FOR HIRE.

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.

Be it enacted, etc., as follows:

Any person who applies for a certificate or permit under
chapter one hundred and fifty-nine B of the General
Laws, inserted therein by section one of chapter two hun-
dred and sixty-four of the acts of nineteen hundred and
thirty-four, within sixty days after the effective date of
this act shall be entitled to all the benefits of section eight
of said chapter one hundred and fifty-nine B to which he

Acts, 1935. — Chaps. 25, 26, 27.

would have been entitled if he had made such an applica-
tion within sixty days from the effective date of said sec-
tion, whether or not such an application has previously
been made by him or such a certificate or permit previously
granted to him. Approved February 27, 1935.

Chap. 25 An Act subjecting the office of agent for public

WELFARE OF THE TOWN OF MARBLEHEAD TO THE CIVIL
SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of agent for public welfare of
the town of Marblehead shall, upon the effective date of
this act, become subject to the civil service laws and rules
and regulations, and the term of office of any incumbent
thereof shall be unlimited, except that such incumbent
may be removed in accordance with such laws and rules
and regulations; provided, however, that the present in-
cumbent of said office may continue to serve as such with-
out taking a civil service examination.

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

Approved February 27, 1935.

Chap. 26 An Act making june seventeenth a legal holiday in

SUFFOLK county.

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
preservation of the public convenience.

Be it enacted, etc., as follows:

Clause eighteenth of section seven of chapter four of the
General Laws, as most recently amended by chapter two
hundred and eighty-three of the acts of nineteen hundred
and thirty-four, is hereby further amended by adding at
the end thereof the following: — "Legal holiday" shall also
include, with respect to Suffolk county only, June seven-
teenth, or the day following when June seventeenth occurs
on Sunday, and the public offices in said county shall be
closed on said day. Approved March 1, 1935.

Emergency
preamble.

G. L. (Ter.
Ed.). 4, § 7,
etc., amended.

June 17, a
legal holiday.

Chap. 27 An Act extending the time for the acceptance by the
voters of the town of norwell of an act authorizing
said town to supply itself and its inhabitants with
water.

Be it enacted, etc., as follows:

Section 1. The provisions of sections one to nine, in-
clusive, of chapter one hundred and forty-nine of the acts
of nineteen hundred and thirty-one shall take effect upon
their acceptance by a majority of the voters of the town of
Norwell present and voting thereon at a meeting called' for
the purpose within six years after the passage of said

Acts, 1935. — Chaps. 28, 29.

chapter, notwithstanding the expiration of the time pro-
vided for such acceptance in section ten of said chapter;
but the number of meetings so called in any year shall not
exceed three.

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

Approved March 1, 1935.

An Act authorizing cities and towns to appropriate (JJiaj) 28

MONEY necessary TO CO-OPERATE WITH THE FEDERAL

GOVERNMENT IN
OTHER PROJECTS.

CERTAIN UNEMPLOYMENT RELIEF AND

Be it enacted, etc., as follows:

Section five of chapter forty of the General Laws, as g. l. (Ter.
most recently amended by section one of chapter one hun- ftl! amended.
dred and fifty-four of the acts of nineteen hundred
and thirty-four, is hereby further amended by inserting
after the paragraph inserted by said section one the follow-
ing new paragraph : —

(39) For providing co-operation with the federal govern- Power of
ment in unemployment rehef and other projects, of direct to'J^ake*"'
or indirect benefit to the town or its inhabitants. appropriations.

Approved March 1, 1935.

An Act making the provisions of the civil service laws

APPLICABLE to THE TOWN OF DEDHAM WITH RESPECT TO
ITS HIGHWAY DEPARTMENT.

Be it enacted, etc., as follows. •

Section 1. The provisions of chapter thirty-one of
the General Laws and the rules made thereunder, including
those relative to the employment of laborers designated as
the "labor service", shall be in force in the town of Dedham
with respect to all appointive offices and positions in the
highway department of said town.

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-five,
entitled 'An Act making the Provisions of the Civil Service
Laws Apphcable to the Town of Dedham with Respect to
its Highway Department', be accepted?" If a majority
of the votes cast in answer to said question are in the
affirmative, then this act shall thereupon take full effect,
but not otherwise. Approved March 1, 1935.

Chap. 29

Acts, 1935. — Chap. 30.

Chap. 30 An Act relative to the operation on the ways of the

COMMONWEALTH OF VEHICLES HAVING THREE AXLES AND
OF CERTAIN OTHER HEAVY VEHICLES.

Emergency
preamble.

G. L. (Ter.
Ed.), 85, §30.
amended.

Traction
engines and
other heavy
vehicles,
regulation 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 preserva-
tion of the public convenience.

Be it enacted, etc., as follows:

Section thirty of chapter eighty-five of the General Laws,
as appearing in the Tercentenary Edition, is hereby
amended by striking out all after the word "fourteen" in
the fifth line down to and including the word "commis-
sioner" in the fifteenth line and inserting in place thereof
the following: — tons, or, in the case of a vehicle equipped
with pneumatic tires, more than fifteen tons, without a
permit from the board or officer having charge of such way,
or, in case of a state highway, or a way determined by the
department of public works to be a through route, from the
commissioner of public works; provided, that no such
permit shall be required for the operation of a semi-trailer
unit or a vehicle having three axles, whether or not so
equipped, which does not weigh more than twenty tons, —
so as to read as follows : — Section 30. No vehicle shall
travel or object be moved, on any public way, which has
any device attached to or made a part of its wheels or the
rollers or other supports on which it rests, which will injure
the surface of the way; nor shall any vehicle travel or object
be moved, on any public way, which weighs more than
fourteen tons, or, in the case of a vehicle equipped with
pneumatic tires, more than fifteen tons, without a permit
from the board or officer having charge of such way, or,
in case of a state highway, or a way determined by the
department of public works to be a through route, from
the commissioner of pubhc works; provided, that no such
permit shall be required for the operation of a semi-trailer
unit or a vehicle having three axles, whether or not so
equipped, which does not weigh more than twenty tons.
No vehicle shall travel or object be moved on any public
way, outside of the metropolitan parks or sewerage dis-
tricts, the weight of which resting on the surface of such
way exceeds eight hundred pounds upon any inch of the
tire, roller or other support, without such a permit. Such
a permit may hmit the time within which it shall be in
force and the ways which may be used and may contain
any provisions or conditions necessary for the protection of
such ways from injury. If, in the opinion of the board or
officer having charge of any public way, the travel or mov-
ing thereon at any season of the year of any vehicle or
object which weighs more than ten thousand pounds would
cause injury to sucii way more serious than the ordinary

Acts, 1935. — Chap. 31.

wear and tear which the type of construction of such way-
is designed to withstand, such board or officer may by
regulation prohibit such vehicle or object from passing
over such way during such season without a permit there-
for. All such regulations shall, when affecting ways
which are determined by the department of public works
to be through routes, be subject to the approval of such
department. Such regulations shall be published and
shall take effect as provided in case of rules and orders
under section twenty-two of chapter forty and shall be
posted in a conspicuous place at both ends of the part of
said way from which traffic is prohibited thereby. Any
person driving, operating or moving a vehicle or object in
violation of this section or of any regulation adopted
hereunder, or the owner thereof, shall be liable in tort to
the body politic or corporate having charge of the way for
any injury to the way thereby caused. All the aforesaid
limitations as to weight shall be inclusive of the load.

Approved March 2, 1935.

An Act authorizing the towns to pension members
of their temporary police forces incapacitated
through injuries received in the performance of
police duty.

Be it enacted, etc., as follows:

Section 1. Chapter thirty-two of the General Laws is
hereby amended by striking out section eighty-five A, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 85 A. Upon the
acceptance of this section by a town at its annual town
meeting by a two thirds vote, the provisions of section
eighty-five relative to the retirement of permanent mem-
bers of the fire department and police department for
incapacity shall apply to call members of its fire depart-
ment and to police officers appointed under section ninety-
six of chapter forty-one, except that a person retired here-
under shall annually receive from the town a pension at
such rate, not exceeding five hundred dollars a year, as
the town may authorize.

Section 2. The provisions of said section eighty-five A,
as in effect immediately prior to the effective date of this
act, shall, notwithstanding the provisions of this act,
continue in full force and effect in any town which has
accepted said section, until its acceptance of said section
as amended hereby. Approved March 2, 1935.

Chap. 31

Emergency
preamble.

G. L. (Ter.

Ed.). 32,

§85 A, amended.

Retirement
of certain
members of
police and fire
departments in
certain towns.

Provisions of
prior law
effective in
certain cases.

52 Acts, 1935. — Chaps. 32, 33, 34.

Chap. 32 An Act permitting the use of facsimile signatures

OF the mayor of SPRINGFIELD UPON BONDS, NOTES,
SCRIP AND CERTIFICATES OF INDEBTEDNESS ISSUED BY
SAID CITY.

Be it enacted, etc., as follows:

Section 1. The mayor of the city of Springfield may,
by duplicate writings, one to be filed in the office of the
treasurer thereof and one in the office of the clerk thereof,
each bearing the written signature of the mayor, authorize
said treasurer to cause to be engraved or printed on any
bond, note, scrip or certificate of indebtedness which said
city is authorized to issue, a facsimile of the mayor's signa-
ture, and may, in like manner, authorize the said treasurer
to stamp a facsimile of such signature upon any such in-
strument, and such facsimile signature so engraved or
printed or when stamped thereon by the mayor or the said
treasurer shall have the same validity and effect as the
mayor's written signature. The writing filed in the
oflace of the city clerk as aforesaid shall be open to public
inspection.

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

Approved March 2, 1935.

Chap. 33 An Act authorizing the city of medford to appro-
priate money FOR THE CELEBRATION OF THE CENTENARY
OF THE MEDFORD HIGH SCHOOL.

Be it enacted, etc., as follows:

Section 1. The city of Medford may appropriate,
during the current year, for the purpose of celebrating the
centenary of the Medford High School, a sum, not exceed-
ing eight hundred dollars. Money so appropriated shall
be expended under the direction of the board of aldermen of
said city.

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

Approved March 2, 1935.

Chap. 34 An Act empowering the Hebrew women's sewing
society, located in boston, to transfer its property
to the associated jewish philanthropies,, inc.

Be it enacted, etc., as follows:

Section 1. The Hebrew Women's Sewing Society,
a charitable corporation incorporated under general law
and located in Boston, is hereby empowered to transfer,
assign, set over, and convey all funds and property held
by it to the Associated Jewish Philanthropies, Inc., incor-
porated 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

Acts, 1935. — Chaps. 35, 36. 53

property charged with any trust, upon the same trusts,
uses and purposes as if the same had continued to be held
by the said Hebrew Women's Sewing Society for the ful-
fillment 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 su-
preme judicial court, sitting in equity for the county of
Suffolk, as may be entered within one year after the passage
of this act.

Section 3. This act shall not take effect until it shall
have been accepted by the votes of the board of directors,
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 2, 1935.

An Act relative to the filling of vacancies in the QJiaT). 35

SCHOOL committee IN THE CITY OF SOMERVILLE.

Be it enacted, etc., as follows:

Section twenty-eight of chapter two hundred and forty
of the acts of eighteen hundred and ninety-nine, as most
recently amended by section one of chapter two hundred
and ninety-seven of the acts of nineteen hundred and thirty-
four, is hereby further amended by striking out, in the
twelfth line, the word "resident" and inserting in place
thereof the words : — qualified voter, — so as to read as
follows: — Section 28. The management and control of
the public schools shall be vested in a school committee,
which shall exercise the powers conferred and discharge
the duties imposed by law on school committees. The
committee shall consist of the mayor and the president of
the board of aldermen, ex-officiis, neither of whom shall
serve as chairman, and seven other members, elected as
follows: one member shall be elected by and from the
voters of each ward at each regular municipal election to
serve for the term of two years next following. Any
vacancy occurring in the school committee shall be filled
by the remaining members thereof, the member so elected
to be a qualified voter of the ward entitled to the new
member, and to hold office for the remainder of the unex-
pired term. Approved March 2, 1935.

An Act extending the time during which the county (JJiav. 36

OF BARNSTABLE MAY CONTRIBUTE TO THE COST OF CON-
STRUCTING SEA WALLS OR OTHER WORKS TO BE BUILT BY
THE DEPARTMENT OF PUBLIC WORKS.

Be it enacted, etc., as follows:

Chapter two hundred and seventy-five of the acts of
nineteen hundred and thirty-three is hereby amended by
striking out section one and inserting in place thereof the

Acts, 1935. — Chap. 37.

following: — Section 1. The county of Barnstable is
hereby authorized to contribute to the cost of constructing
sea walls or other works to be built by the department of
public works during the years nineteen hundred and thirty-
three, nineteen hundred and thirty-four, nineteen hundred
and thirty-five, nineteen hundred and thirty-six and nine-
teen hundred and thirty-seven under the provisions of
section eleven of chapter ninety-one of the General Laws
for the protection of the shores of the towns in said county
from erosion by the sea, and the treasurer of said county,
with the approval of the county commissioners, may pay
the county's proportion of such cost from the highway
appropriation or, for the purpose of so contributing, may
borrow from time to time on the credit of the county such
sums as may be necessary, not exceeding, in the aggregate,
thirty-four thousand dollars, and may issue bonds or notes
of the county therefor, which shall bear on their face the
words, Barnstable County Shore Protection 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 such securities at public or private sale upon such terms
and conditions as the county commissioners may deem
proper, but not for less than their par value. Indebtedness
incurred under this act shall, except as herein provided,
be subject to chapter thirty-five of the General Laws.

Ay-proved March 2, 1935.

Chap. 37 An Act relative to the registration of voters prior

TO party primaries.

Be it enacted, etc., as follows:

Section 1. Section twenty-six of chapter fifty-one of
the General Laws, as most recently amended by section
one of chapter forty-eight of the acts of nineteen hundred
and thirty-two, is herelDy further amended by striking out,
in the ninth and tenth lines, the words "presidential
primary" and inserting in place thereof the words: — party
primaries, — so as to read as follows : — ■ Section 26. The
registrars, for the purpose of registering voters in the
manner hereinafter provided, shall hold such day and such
evening sessions as the town by by-law or the city by
ordinance shall prescribe, and such other sessions as they
deem necessary; but, except as provided in sections thirty-
four and fifty, there shall be no registration of voters be-
tween ten o'clock in the evening on the twentieth day
preceding, and the day following, the biennial state, pri-
mary, the party primaries and the biennial state election,
nor in any city between ten o'clock in the evening on the
twentieth day preceding and the day following the city

G. L. (Ter.
Ed.). 51. § 26,
etc., amended.

Sessions of
rogistrurs
of voters.

Acts, 1935. — Chap. 38.

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

Section 2. Section twenty-seven of said chapter fifty-
one, as most recently amended by section two of said
chapter forty-eight, is hereby further amended by striking
out, in the fifth line, the words "presidential primary" and
inserting in place thereof the words: — party primaries,
— so as to read as follows: — Section 27. They shall
hold at least one session at some suitable place in every
city or town on or before the last day for registration
preceding the biennial state primary and the party pri-
maries, and on or before the Wednesday next but one
preceding a city or town primary, except a primary preced-
ing a special city or town election.

Approved March 2, 1935.

G. L. (Ter.
Ed.), 51, §27,
etc., amended.

Sessions before
primaries.

G. L. (Ter.
Ed.), 53, §44,
etc., amended.

An Act relative to nomination papers and the number (Jhnnj qq
OF signatures required thereon. ^'

Be it enacted, etc., as follows:

Section forty-four of chapter fifty-three of the General
Laws, as most recently amended by section twelve of
chapter three hundred and ten of the acts of nineteen
hundred and thirty-two, is hereby further amended by
striking out, in the fourteenth line, the word "or", the first
time it appears, and inserting in place thereof the words : —
and each, - — so as to read as follows: — Section 44-- The Nomination
nomination of candidates for nomination at state primaries number of
shall be by nomination papers or by endorsement for signatures,
nomination by state convention as provided in section
fifty-four. The nomination of candidates for election
at party primaries shall be b}'" nomination papers only.
In the case of offices to be filled by all the voters of
the commonwealth nomination 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 elec-
tion, 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 and each town
in the district or county, but in no case shall more than two
hundred and fifty be required. Approved March 2, 1935.

Acts, 1935. — Chaps. 39, 40.

Chap. 39 An Act regulating the taking of fish by means of

TORCHES OR OTHER ARTIFICIAL LIGHT IN THE WATERS
OF IPSWICH.

Be it enacted, etc., as follows:

Section 1. It shall be unlawful for any person to dis-
play torches or other lights designed or used for the purpose
of taking herring or other fish in any waters of the town of
Ipswich; provided, however, that the selectmen of said
town may grant permits for the display of torches or other
lights for the purpose aforesaid within the limits of the
town, with such restrictions as in their judgment will
prevent the same from constituting a nuisance; and they
may at any time revoke any such permit.

Section 2. Whoever violates any provision of this
act shall be punished for a first offence by a fine of not less
than fifty nor more than two hundred dollars or by im-
prisonment for not less than six nor more than twelve
months, or by both such fine and imprisonment, and for a
second or subsequent offence by both such fine and im-
prisonment. Approved March 2, 1935.

G. L. (Ter.
Ed.). 172,
§14, etc.,
amended.

Eligibility
requirements
for directors,
etc., of trust
companies.

Chap. 40 A^ ^^"^ RELATIVE TO THE ELIGIBILITY REQUIREMENTS FOR
DIRECTORS, OFFICERS AND EMPLOYEES OF TRUST COM-
PANIES.

Be it enacted, etc., as follows:

Chapter one hundred and seventy-two of the General
Laws is hereby amended by striking out section fourteen,
as amended by section eight of chapter three hundred and
forty-nine of the acts of nineteen hundred and thirty-four,
and inserting in place thereof the following: — Section 14-
Every director shall be the bona fide owner in his own right
of shares of capital stock of such corporation having a par
value in the aggregate of not less than one thousand dollars.
From and after January first, nineteen hundred and thirty-
five, no director, officer or employee of any such corpora-
tion shall be at the same time a director, officer or employee
of a corporation, organized for any purpose whatsoever,
which makes a business of making loans secured by stock
or bond collateral, other than a mutual savings bank, co-
operative bank, corporation licensed by or subject to the
supervision of the commissioner pursuant to sections
ninety-six to one hundred and fourteen, inclusive, of chapter
one hundred and forty, Morris Plan Company or credit
union, or a member of a partnership so organized which
engages in such business or shall at the same time be
individually engaged in such business; provided, that
nothing in this section shall prohibit a director, officer or
employee of any such corporation from being at the same
time an officer, director or employee of another such
corporation or national banking association, if, in such case.

Acts, 1935. — Chaps. 41, 42. 57

there is in force a permit therefor issued by the commis-
sioner, who is hereby authorized to issue such permit if,
in his judgment, it is not incompatible with the public
interest, and to revoke any such permit whenever he finds,
after reasonable notice and opportunity to be heard, that
the public interest requires its revocation. The directors
shall hold office for such term as is provided in the by-laws,
and until their successors are selected and have qualified.
Any director who ceases to be the owner of the required
number of shares of stock, or who becomes in any other
manner disqualified, shall vacate his office forthwith. Any
vacancy in the board of directors may be filled by ap-
pointment by the remaining directors, and any director so
appointed shall hold his office until the next election.
Three fourths of the directors of any such corporation shall
be citizens of and resident in the commonwealth.

Each director, when appointed or elected, shall take an
oath that he will, so far as the duty devolves on him,
faithfully perform the duties of his office and that he is the
owner in good faith and in his own right of the amount of
stock required by this section standing in his name on the
books of such corporation, and that the same is not hypothe-
cated or in any way pledged as security for any loan or
debt. The oath shall be taken before a notary public or
justice of the peace, who is not an officer of such corpora-
tion, and a record of the oath shall be made a part of the
records of such corporation. Approved March 4, 1935.

An Act removing certain restrictions relative to the Qji^rt 41

SALE OF alcoholic BEVERAGES NEAR THE NANTASKET ^'

BEACH RESERVATION.

Be it enacted, etc., as follows:

Section 1. Section three of chapter four hundred
and sixty-four of the acts of eighteen hundred and ninety-
nine, as most recently amended by section one of chapter
three hundred and sixteen of the acts of nineteen hundred
and thirty-four, is hereby further amended by striking out
the last sentence.

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

(The foregoing was laid before the governor on the tiventy-
seventh day of February, 1935, and after five days it had ''the
force of a law", as prescribed by the constitution, as it was not
returned by him with his objections thereto within that time.)

An Act prohibiting the sale of artificial flowers (JJiar) 42

AND miniature FLAGS BY HAWKERS AND PEDLERS.

Be it enacted, etc., as follows:

Chapter one hundred and one of the General Laws is g. l. (Ter.
hereby amended by striking out section sixteen, as appear- fmendedV * ^^'
ing in the Tercentenary Edition, and inserting in place

Acts, 1935. — Chaps. 43, 44.

Sale of certain
articles, etc.,
by hawkers
and pedlers
prohibited.

thereof the following: — Section 16. The sale by hawkers
or pedlers of jewelry, furs, wines or spirituous liquors,
artificial flowers or miniature flags is prohibited. Nothing
in this section shall be construed to prevent the granting of
temporary licenses under section thirty-three for the sale
of artificial flowers or miniature flags.

Approved March 6, 1935.

G. L. (Ter.
Ed.), 90, § 1,
etc., amended.

Chap. 43 An Act eliminating certain requirements as to

THE SIZE OF NUMERALS ON NUMBER PLATES OF MOTOR
VEHICLES.

Be it enacted, etc., as follows:

Section one of chapter ninety of the General Laws,
as most recently amended by sections one and two of
chapter three hundred and thirty-two of the acts of nine-
teen hundred and thirty-three, is hereby further amended
by striking out the definition of "Register number" as
contained in the forty-first to the forty-fifth lines, inclusive,
as appearing in the Tercentenary Edition of said laws,
and inserting in place thereof the following: — "Register
number", the number or mark assigned by the registrar
to a motor vehicle, whether or not such number or mark
includes a letter or letters; and said number shall always
be in separate Arabic numerals.

Approved March 6, 1935.

Chap. 44 An Act subjecting the office of chief of police of the

CITY OF MARLBOROUGH TO THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The provisions of chapter thirty-one of
the General Laws, and the rules and regulations made
thereunder, relating to permanent police officers in cities
other than Boston, shall apply to the office of chief of police
of the city of Marlborough ; provided, that the incumbent
of said office upon the effective date of this act may con-
tinue to hold such office without taking a civil service
examination.

Section 2. This act shall be submitted for acceptance
to the voters of said city at the biennial 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-five, entitled 'An Act
subjecting the Office of Chief of Police of the City of Marl-
borough to the Civil Service Laws', be accepted?"

If the majority of the votes cast on said question are in
the affirmative, this act shall thereupon take effect, but not
otherwise. Approved March 6, 1935.

Acts, 1935. — Chaps. 45, 46. 59

An Act authorizing the city of newburyport to Chap. 45

INCUR indebtedness FOR HIGH SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and seventy-eight
of the acts of nineteen hundred and thirty-four is hereby
amended by striking out section one and inserting in place
thereof the following : — ;Sed^on 1. For the purpose of pur-
chasing or otherwise acquiring land in the city of Newbury-
port for high school purposes and for the original construc-
tion of a high school building on said land, including the cost
of the original equipment and furnishings of such building,
said city may borrow from time to time, within a period
of five years from the passage of this act, not exceeding
twenty-five thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, New-
buryport High School Loan, Act of 1934. Each authorized
issue shall constitute a separate loan, and such loans shall
be paid in not more than fifteen years from their dates, but
no issue shall be authorized under this section unless a sum
equal to an amount not less than ten per cent of such
authorized issue is voted for the same purpose to be raised
in the tax levy of the year when authorized. Indebted-
ness incurred under this section shall be in excess of the
statutory limit and shall, except as provided in this sec-
tion, 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.

Section 2. For the purposes mentioned in section one,
said city may also borrow from time to time, within a
period of five years from the passage of this act, such sums
as may be necessary, not exceeding, in the aggregate, four
hundred and seventy-five thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words, Newburyport High School Loan, Act of 1935.
Each authorized issue shall constitute a separate loan,
and such loans shall be paid in not more than fifteen years
from their dates. Indebtedness incurred under this
section shall be in excess of the statutory limit and shall,
except as provided in this section, be subject to chapter
forty-four of the General Laws.

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

Approved March 7, 1935.

An Act subjecting the office of inspector of build-
ings in THE city of QUINCY TO THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of inspector of buildings of
the city of Quincy shall, upon the date of acceptance
of thip act, become subject to the civil service laws and

Chap. 46

Acts, 1935. — Chaps. 47, 48.

rules and regulations, and the term of office of any incum-
bent thereof shall be unlimited, except that he may be
removed in accordance with such laws and rules and regula-
tions, but the person holding said office on said date may
continue therein without taking a civil service examination.
Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Quincy at the next
biennial state election, in the form of the following question,
which shall be printed on the official ballot to be used in
said city at said election: — "Shall an act passed by the
general court in the year nineteen hundred and thirty-five,
entitled 'An Act subjecting the Office of Inspector of
Buildings of the City of Quincy to the Civil Service Laws',
be accepted?" If a majority of the voters voting thereon
vote in the affirmative in answer to said question, section
one of this act shall thereupon take effect, but not otherwise.

Approved March 7, 1935.

G. L. (Ter.
Ed.). 71, §48A.
amended.

Chap. 47 An Act relative to the functions of school patrol

LEADERS IN SAFEGUARDING SCHOOL PUPILS AGAINST
TRAFFIC DANGERS.

Be it enacted, etc., as follows:

Section forty-eight A of chapter seventy-one 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 "to be used by pupils aiding
in the directing of traffic as a means of providing additional
safeguards for pupils crossing public ways", — and insert-
ing in place thereof the words: — to be used by school
patrol leaders in safeguarding the passage of pupils to and
from school; provided, that such school patrol leaders
shall not direct vehicular traffic, — so as to read as follows:
— Section 48 A. School committees may make expendi-
tures, from funds appropriated for school purposes, for
the purchase of traffic belts, so-called, to be used by school
patrol leaders in safeguarding the passage of pupils to and
from school; provided, that such school patrol leaders shall
not direct vehicular traffic. Approved March 7, 1935.

School patrol
leaders, use of
traffic belts
authorized.

G. L. (Ter.
Ed.). 124, i 8,
amended.

Chap. 48 An Act changing the date of reports in criminal cases

BY CLERKS OF COURTS.

Be it enacted, etc., as follows:

Section 1. Section eight of chapter one hundred and
twenty-four of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by striking out, in
the first line, the word "October" and inserting in place
thereof the word : — January, — and by striking out, in
the fourth line, the words "September thirtieth", . and
inserting in place thereof the words: — December thirty-
first, — so as to read as follows : — Section 8. Clerks of
courts shall annually, on or before January fifteenth, make

ReportB of
criminal cases

Acts, 1935. — Chaps. 49, 50.

reports to the commissioner of all criminal cases com- ^^^^^^''^^^^
menced in the superior court in the several counties during trial justices.
the year ending on December thirty-first, and of all criminal
cases entered therein on appeal during such time. Clerks
of district courts and trial justices shall annually, at the
same time and for the same period, make like reports of
criminal cases in which such courts or justices have exer-
cised jurisdiction, and shall state whether such jurisdiction
was final or otherwise. Blank forms for such reports shall
be prepared and furnished by the commissioner. Who-
ever refuses or neglects to make the report required of him
by this section shall forfeit two hundred dollars.

Section 2. The said clerks and justices shall include
in their first annual report under this act, but as a separate
part thereof, a like report for the period beginning October
first, nineteen hundred and thirty-four, and ending the
following December thirty-first.

Approved March 7, 1935.

An Act relative to the holding of professional sports njidrt 49

AND GAMES, SO CALLED, ON THE LORD's DAY AT AMERICAN ^'

LEGION FIELD IN THE TOWN OF WHITMAN.

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,
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 American Legion Field, so called, in the
town of Whitman.

Section 2. This act shall take effect upon its acceptance
by vote of the inhabitants of said town at a town meeting
held during the current year. Approved March 7, 1935.

An Act relative to the sentencing and removal to the (J}iQr) 50
state prison of certain persons convicted of murder

IN the first degree.

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

Be it enacted, etc., as follows:

Section L Upon request of the sheriff of a county
in a jail whereof a male person convicted of murder in the
first degree committed prior to October first of the current
year is or shall be confined while awaiting sentence, or
while awaiting execution of sentence, the commissioner of
correction may, if in his opinion the public safety requires,
rder that the person so confined be removed as speedily

Emergency
preamble.

Temporary
provisions
of law
authorizing
the removal
to state prison
of persons
convicted of
murder.

62 Acts, 1935. — Chap. 50.

as possible and as secretly as may be to the state prison,
but no such order shall authorize the removal as aforesaid
of such a convicted person while awaiting execution of
sentence for murder in the first degree, after the beginning
of the period of ten days preceding the first day of the week
appointed for the execution of such sentence. Every such
order of removal shall be signed by said commissioner or
his deputy and shall be directed to such sheriff or any of
his deputies. Any person so ordered to be removed shall
be conveyed to the state prison in accordance with the
terms of the order of removal by the sheriff or by a deputy
designated by him, notwithstanding any other provision
of law, and shall, together with said order, be delivered to
the warden of the state prison or to the officer performing
his duties. Unless lawfully discharged from such confine-
ment, a person so removed shall be kept in a place of safe
keeping designated by the warden as hereinafter provided
until such time within ten days of the first day of the week
appointed for the execution of his sentence as the warden
may determine, and shall then be transferred to and there-
after kept in a cell provided for the purpose under authority
of section forty-four of chapter two hundred and seventy-
nine of the General Laws until sentence of death is executed
upon him, subject to the restrictions contained in said
section relative to access to persons kept in such cells and
subject also to the provisions of said section relative to
change of place of confinement in case a sentence of death
is respited or otherwise delayed by process of law; provided,
that a person so removed shall be produced by the warden,
or officer performing his duties, before the superior court
at any time upon its order; and provided, further, that the
superior court may make any order relative to the custody
of a person so removed in case he is granted a new trial.
The warden of the state prison, from time to time as
occasion may arise, shall designate sections or enclosures
in the state prison which shall be used as places for the
safe keeping of persons convicted of murder in the first
degree who are removed to the state prison as provided in
this section. If a person convicted of murder in the first
degree has, prior to sentence therefor, been removed to the
state prison under this section, the warrant under section
forty-three of chapter two hundred and seventy-nine of
the General Laws shall, immediately upon sentence, be
made out, signed and delivered to the warden of the state
prison instead of to the sheriff and no certified copy thereof
need be transmitted to the warden. If removal of a per-
son so convicted is sought hereunder after the issue of a
warrant for the execution of sentence upon him, the judge
imposing sentence may revise the warrant or make any
other necessary order.
G. L. (Ter. SECTION 2. Scction thpce A of chapter two hundred, and

m.' amended, scventy-ninc of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by striking out, in

Acts, 1935. — Chap. 50.

the fourth line, the words "not punishable by death", —
so as to read as follows: — Section 3A. Not later than
seven days after a plea of guilty or after a verdict of guilty
and in any event before adjournment of the sitting at
which such plea or verdict has been taken and recorded in
a case of felony wherein no question of law has been re-
ported for decision by the supreme judicial court, the dis-
trict attorney shall move for sentence.

Section 3. Said chapter two hundred and seventy-
nine, as so appearing, is hereby further amended by strik-
ing out section four and inserting in place thereof the
following: — Section 4- Sentence shall be imposed upon
conviction of a crime, although exceptions have been
alleged or an appeal taken. If sentence is imposed
upon conviction of a crime not punishable by death, the
reservation, filing or allowance of exceptions or the entry
of an appeal shall not stay the execution of the sentence
unless the justice imposing it, or a justice of the supreme
judicial court, files a certificate that in his opinion there is
reasonable doubt whether the judgment should stand;
and if execution of sentence is so stayed, the justice may
at the same time make an order relative to the custody of
the prisoner or for admitting him to bail. If sentence is
imposed upon conviction of a crime punishable by death,
the justice imposing the sentence, or a justice of the supreme
judicial court, shall stay the execution of the sentence for
definite and stated' periods, pending the filing of any claim
of appeal, and any justice of the superior court or supreme
judicial court shall further stay the execution of the sen-
tence from time to time for definite and stated periods and
may modify the order of stay, pending the final disposition
of any such appeal. Forthwith upon the making or
modification of any such order, the clerk of the court shall
transmit a certified copy thereof to the warden of the
state prison.

Section 4. Said chapter two hundred and seventy-
nine, as so appearing, is hereby further amended by strik-
ing out section forty-three and inserting in place thereof
the following: — Section 43- In pronouncing sentence of
death upon a person convicted of a capital crime, the court
shall appoint a week within which the sentence shall be
executed. The clerk of the court shall as soon as may be
or, if appellate proceedings are pending, as soon as they
have been determined, make out and deliver to the governor
a certified copy of the whole record of the conviction and
sentence, including any rescripts from the supreme judicial
court; and the clerk shall, immediately upon sentence,
make out, sign and deliver to the sheriff of the county
where the conviction was had a warrant under the seal of
the court stating the conviction and sentence, and the
week appointed for the execution thereof, and shall at the
same time transmit to the warden of the state prison a
certified copy of the warrant. Such warrant shall be

Expedition
of sentence.

G. L. (Ter.
Ed.). 279. § 4,
amended.

Sentence not-
withstanding
appeal, etc.

G. L. (Ter.
Ed.). 279, § 43,
amended.

Appointment of
time for execu-
tion of death
sentence.

Acts, 1935. — Chap. 51.

G. L. (Ter.

Ed.). 279.

S 44, amended.

Confinement
of prisoner
under sentence
of death.

Effective
date.

directed to the warden of the state prison commanding
him to cause execution to be done in accordance with the
provisions of such sentence upon a day within the week so
appointed.

Section 5. Said chapter two hundred and seventy-
nine is hereby further amended by striking out section
forty-four, as so appearing, and inserting in place
thereof the following: — Section 44- Within seven days
after a convict has been sentenced to the punishment of
death, he shall, at a time chosen by the sheriff of the county
in a jail whereof he is confined, be conveyed by the sheriff
or a deputy designated by him, as secretly as may be, to
the state prison and shall, with the warrant, be delivered
to the warden thereof or to the officer performing his duties.
Within ten days of the first day of the week appointed for
the execution of his sentence, such convict shall be trans-
ferred to and, unless lawfully discharged from such im-
prisonment, be thereafter kept in a cell provided for the
purpose until the sentence of death is executed upon him,
and no person shall be allowed access to him without an
order of the court, except the officers and employees of the
prison, his counsel, and such physicians, priest or minister
of religion as the warden may approve, and the members of
his family who are identified to the satisfaction of the
warden. If the execution of the sentence of death is
respited by the governor, or is otherwise delayed by process
of law, the convict may, in the discretion of the warden,
be confined in a cell used for solitary confinement. The
superior court may make any order relative to the custody
of a person confined in the state prison under this section
in case he is granted a new trial.

Section 6. Section one of this act shall take effect
upon its passage. Sections two to five, inclusive, of this
act shall take effect on October first of the current year and
shall apply only in case of persons convicted of capital
crimes committed on or after said October first. Not-
withstanding the provisions of said sections two to five,
the provisions of law effective as to a capital crime com-
mitted before said October first shall continue in effect
thereafter with respect to such crime, except as provided in
section one. Approved March 8, 1935.

Chap. 51

An Act relative to the erection and equipment of a
new house of correction and jail for barnstable
county and certain buildings for use in connection
therewith.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and thirty of the
acts of nineteen hundred and thirty-four is hereby amended
by striking out section one and inserting in place thereof
the following: — Section 1. The county commissioners of
the county of Barnstable may erect and equip a suitable

Acts, 1935. — Chap. 52. 65

building or buildings for a house of correction and jail,
farm buildings to be used in connection therewith and a
dwelling house for the master and keeper thereof, may-
demolish the present house of correction and jail buildings
in said county and the present dwelling house of the master
and keeper thereof, and may acquire in fee by purchase, or
by eminent domain under chapter seventy-nine of the
General Laws, such land as is in their opinion necessary
for the erection of said buildings, but the cost of the work
and equipment authorized hereunder shall not exceed one
hundred and ninety-eight thousand dollars.

Section 2. Section two of said chapter two hundred
and thirty is hereby amended by striking out, in the seventh
line, the word "sixty" and inserting in place thereof the
word : — ninety-eight, — so as to read as follows : —
Section 2. For the purpose of making payment for the
land and for the erection and equipment of the buildings
authorized under section one, the county treasurer of
Barnstable county, with the approval of the county com-
missioners, may borrow from time to time upon the credit
of the county such sums as may be necessary, but not
exceeding one hundred and ninety-eight thousand dollars
in the aggregate, and may issue temporary notes of the
county therefor, payable in not more than one year from
their date of issue.

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

Approved March 8, 1935.

An Act relative to the making of contractual provi- (Jfidj) 52

SIGN FOR the care AND MAINTENANCE AT THE HAMPSHIRE
COUNTY SANATORIUM OF RESIDENTS OF THE TUBERCULOSIS
HOSPITAL DISTRICTS OF THE COUNTIES OF HAMPDEN,
BERKSHIRE AND FRANKLIN SUFFERING FROM TUBER-
CULOSIS.

Be it enacted, etc., as follows:

Section 1. Upon submission to the department of
public health of a certain instrument dated October first,
nineteen hundred and thirty-four, purporting to be a
renewal contract, whereby the tuberculosis hospital dis-
tricts of the counties of Hampden, Berkshire and Franklin,
acting by the county commissioners of the respective
counties, purportedly contracted with the tuberculosis
hospital district of the county of Hampshire, acting by the
county commissioners of said county, for the care and
treatment of their tubercular patients in the tuberculosis
hospital of the last named district, so modified in its terms
that all contractual relations thereunder will expire on
September thirtieth, nineteen hundred and thirty-six, or
at such later date as the general court may fix, the said
department may approve such contract as so modified,
and such arrangement, if so approved, shall be satisfactory
compliance by the county commissioners of the counties of

Acts, 1935. — Chaps. 53, 54.

Hampden, Berkshire and Franklin with the requirements
of section seventy-eight of chapter one hundred and eleven
of the General Laws for the period extending from October
first, nineteen hundred and thirty-four to October first,
nineteen hundred and thirty-six. All action heretofore
taken and all acts done under the assumed authority of
such instrument are hereby validated to the same extent
as if such instrument had been approved by said depart-
ment within six months prior to October first, nineteen
hundred and thirty-four.

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

Approved March 8, 1935.

Chap. 53 An Act authorizing the provident institution for

SAVINGS IN THE TOWN OF BOSTON TO MAKE FURTHER
INVESTMENTS 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 the
year eighteen hundred and sixteen, may, subject to the
approval of the commissioner of banks, invest in the
purchase of land and buildings in the city of Boston to be
used for the convenient transaction of its business, or in the
erection, preparation, alteration or renovation of a build-
ing or buildings on said land, to be devoted in whole or in
part to such use, a sum not exceeding one hundred and fifty
thousand dollars in addition to any sums which said bank
has heretofore been authorized to invest in land or buildings
for such use, and may so invest any sums which said bank
may from time to time hereafter receive by reason of sale
or taking of the whole or 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 exceeding in the aggregate the
sum of one milHon seven hundred and fifty thousand
dollars at any one time.

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

Approved March 8, 1985.

Chap. 54 An Act extending the time during which co-operative

BANKS MAY CONSOLIDATE.

Be it enacted, etc., as follows :

Section fifty of chapter one hundred and seventy. of the
General Laws, as appearing in chapter one hundred and
forty-four of the acts of nineteen hundred and thirty-three,

Emergency
preamble.

G. L. (Ter.
Ed.). 170. § 50.
etc., amended.

Acts, 1935. — Chap. 55.

is hereby amended by striking out, in the second hne, the
word "thirty-iive" and inserting in place thereof the word:
— thirty-seven, — so that the first paragraph of said
section will read as follows: — At any time prior to June Co-operative
first, nineteen hundred and thirty-seven, any two or more aoUd&iumoi.
such corporations may consolidate into a single corpora-
tion, upon such terms as shall have been agreed upon by
vote of two thirds of the board of directors of each corpora-
tion 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, postage prepaid, at
least thirty days before the date of the meeting. 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 publica-
tion to be at least one day before the meeting. A certifi-
cate under the hands of the presidents and clerks of all such
corporations, setting forth that each of said corporations
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 :

Approved March 8, 1935.

An Act relative to the declaration in cities of QJku) 55
election results at state elections.

Be it enacted, etc., as follows:

Section one hundred and thirty-seven of chapter fifty- g. l. (Ter.
four of the General Laws, as appearing in the Tercentenary amended.
Edition, is hereby amended by striking out, in the second
line, the words "state or", — so as to read as follows: —
Section 137. The aldermen shall not declare the result of Declaration
an election for city officers or of a vote upon any question results In'cities,
submitted to the voters until the time for filing a petition regulated,
for a recount of ballots has expired, or, if such petition has
been filed, until the ballots have been recounted and the
returns amended, notwithstanding any special act relating
to their city. After the ballots have been recounted and
the records amended, they shall forthwith declare the result
of the election, and the city clerk shall thereupon issue
certificates of their election to the persons elected. No
person elected to a city office shall act in an official capacity
by virtue of such election before his certificate of election
has been issued. Approved March 8, 1935.

Acts, 1935. — Chaps. 56, 57, 58.

G. L. (Ter.
Ed.), 40. §42B,
amended.

Municipal
water liens,
when to take
effect.

Dissolution.

Chap. 56 An Act relative to the duration of water liens.
Be it enacted, etc., as follows:

Section 1. Section forty-two B of chapter forty of
the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by striking out the words "one
year" in the seventh Hne and inserting in place thereof the
words : — two years, — so as to read as follows : — Section
4^B. Such lien shall take effect upon the filing for record
in the registry of deeds for the county where the real estate
lies of a statement by the board or officer in charge of the
water department that the rates and charges for water
suppHed to the real estate therein described, including
interest and costs, to an amount therein specified, have
remained unpaid for sixty days after the due date, and said
lien shall continue for two years from the first day of Oc-
tober next following. Such statement shall contain the
name of the owner of record of such real estate and a de-
scription thereof sufficiently accurate for identification.
The register of deeds shall receive and record or, in case of
registered land, file and register, said statement. Such
lien may be dissolved by filing for record in such registry
of deeds a certificate from the collector of taxes of the city or
town in which such real estate is situated that all rates and
charges for which such lien attached, together with interest
and costs thereon, have been paid or legally abated.

Section 2. This act shall apply to liens attaching on or
after July first, nineteen hundred and thirty-five.

Approved March 8, 1935.

Chap. 57 An Act relative to the registration of burials and

THE ISSUANCE OF DISINTERMENT PERMITS WITH RESPECT
TO THE NEW SWEDISH CEMETERY, SO CALLED, LOCATED
IN WORCESTER AND AUBURN.

Be it enacted, etc., as follows:

For burial registration purposes and the issuing of permits
for disinterment that part of the New Swedish Cemetery
that lies in the town of Auburn shall be considered as a
part of the city of Worcester. Approved March 8, 1935.

Chap. 58 An Act providing retirement allowances and dis-
ability AND DEATH BENEFITS BASED ON ANNUITY AND
PENSION CONTRIBUTIONS FOR REGULAR POLICE OFFICERS
OF THE TOWN OF MILFORD.

Be it enacted, etc., as follows:

PURPOSE OF ACT.

Section 1. The purpose of this act is to improve the
efficiency of the public service of the town of Milford,
hereinafter called the town, by the retirement of disabled
or superannuated police officers.

Application
of act.

Acts, 1935. — Chap. 58. 69

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 : —

(1) "Retirement system", the arrangement provided in
this act for the retirement of, and payment of retirement
allowances to, employees as defined in paragraph (lA) of
this section.

(lA) "Employee", any person who is regularly employed
by the town as a police officer.

(IB) "Department", the police department of the town.

(2) "Member", any employee included in the retire-
ment system as provided in section four of this act.

(3) "Retirement board", the board provided in section
fourteen of this act to administer the retirement system.

(4) "Service", service as an employee as described in
paragraph (lA) of this section and paid for by the town.

(5) "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.

(6) "Membership service", service as an employee
rendered since last becoming a member.

(7) "Creditable service", "prior service" plus "member-
ship service", for which credit is allowable as provided in
section five of this act.

(8) "Pensioner", any person in receipt of a pension, an
annuity, a retirement allowance or other benefit as provided
by this act, who has thereby ceased to be a member as
defined in subsection (2) of this section,

(9) "Beneficiary", any person having an insurable
interest in the life of a member or pensioner and desig-
nated by him as the person entitled to receive such benefits
as may be due at the death of such member or pensioner.

(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 re-
duced 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 a reduction shall not affect any payments
or credits made prior to the date of the change in rate.

(11) "Accumulated contributions", 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 contributions of a member. "Annuity-
certain", annual payments for a definite term independent
of life derived from the accumulated contributions of a
member. All annuities and annuities-certain shall be

70 Acts, 1935. — CnAr. 58.

paid in monthly instalments, due on the first day of each
month. Annuities shall not be apportioned for a fractional
part of a month.

(13) "Pension", annual payments for life derived from
contributions made by the town. All pensions shall be
paid in monthly instalments, due on the first day of the
month, and shall not be apportioned for a fractional part
of a month.

(14) "Retirement allowance", the sum of the "annuity"
or the "annuity-certain" and the "pension".

(15) "Regular compensation", the annual compensation
determined by the head of the department for the individual
service of each employee in the department.

(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-
tality 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 established
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 the town. The
retirement system so created shall have the powers and
privileges of a corporation and shall be known as the "Po-
lice Department Retirement Sj'^stem of the Town of Mil-
ford", and by such name all of its business shall be trans-
acted, all of its funds invested, all warrants for money
drawn and payments made, and all of its cash and securi-
ties and other property held. The retirement system so
created shall begin operation upon the first day of April
following the acceptance of this act in accordance with the
provisions of section twenty-two.

MEMBERSHIP.

Section 4. (1) The membership of the retirement
system shall be constituted as follows: —

(a) All persons who become emplo.yees of, 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 department on or after the day the retirement
system becomes operative may become members of the
retirement system on their own application, and all such

Acts, 1935. — Chap. 58. 71

employees who shall complete one year of service there-
after and disability pensioners 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
town, nor shall they be required to make contributions to
any other pension or retirement system of the town, any-
thing to the contrary in this or any other special or general
law notwithstanding.

(6) 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 mem-
bership 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 retire-
ment system.

(c) An employee who is covered by any other pension or
retirement law of the commonwealth on the date when this
retirement system becomes operative shall not be con-
sidered 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 town, but no such employee
shall receive credit for prior service unless he make such
application for membership within one year from the date
this retirement system becomes operative.

(2) The head of the department shall submit to the re-
tirement board a statement showing the name, title, com-
pensation, duties, date of birth and length of service of each
member of the department, and such information regarding
other employees therein as the retirement board may
require.

(3) 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 contributions or become a pensioner hereunder
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 member who was an
employee on the date this retirement system becomes
operative, or during the year prior thereto, who becomes a
member on or prior to the expiration of the first year of

72 Acts, 1935. — Chap. 58.

operation of the retirement system, 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 retire-
ment 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.

(4) Upon verification of the statements of service the
retirement board shall issue prior service certificates
certifying to each member entitled to credit for prior
service the length of service rendered prior to the date the
retirement system first became operative, with which he is
credited on the basis of his statement of service. So long
as membership continues a prior service certificate shall for
retirement purposes be final and conclusive as to such
service; provided, that within one year from the date of
issuance or modification of such certificate it may, after
hearing, be modified or corrected.

When membership ceases, except upon retirement for
superannuation or disability, such prior service certificates
shall become void. Should the employee again become a
member, such employee shall enter the system as an em-
ployee not entitled to prior service credit except as provided
in subsection (3) of section nine.

(5) Creditable service at retirement shall consist of
the membership service rendered by the member since he
last became a member and also, if he has a prior service
certificate which is in full force and effect, the amount of
the service certified on his prior service certificate.

SERVICE RETIREMENT.

Conditions for Allowance.

Section 6. (1) Any member in service who shall
have attained age sixty shall, either upon his own written
application or that of the head of the department, be
retired for superannuation not less than thirty nor more
than ninety days after the filing of such application. A
member whose retirement is applied for by the head of the
department shall be entitled to a notice of such apphca-

Acts, 1935. — Chap. 58. 73

tion and to a hearing before the retirement board, provided
he requests such hearing in writing within ten days of
the receipt of such notice; and unless the retirement
board finds, on hearing, that the member is able to prop-
erly perform his duties and files a copy of its findings with
the head of his department, the retirement shall become
effective thirty days from the time of the filing of such
finding.

Any member in service who shall have attained age
seventy, shall be retired for superannuation not less than
thirty nor more than ninety days after attaining such
respective ages, or after this system becomes operative,
if such respective ages were attained prior thereto.

Amount of Allowance.

(2) Upon retirement for superannuation a member of
the retirement system shall receive a retirement allowance
consisting of: —

(a) An annuity which shall be the actuarial equivalent
of his accumulated contributions at the time of his retire-
ment, and

(6) A pension for membership service equal to the
annuity allowable at age sixty, computed on the basis of
contributions made prior to the attainment of age sixty, and

(c) If he has a prior service certificate in full force and
effect, an additional pension which is the actuarial equiva-
lent of twice the pension which would have been payable
under paragraph (b) above, on account of the accumulated
contributions which would have resulted from contribu-
tions made during the period of his creditable prior service
had the system then been in operation, and

{d) If the member was over sixty years of age at the
time the retirement system was established, an additional
pension which is the actuarial equivalent of the accumula-
tion of four per cent contributions from the date the member
attained the age of sixty to the date when the system was
estabhshed but not beyond the age of seventy, with in-
terest to the date of retirement but not beyond the age of
seventy.

The total pension of any member payable under the
provisions of this section shall not, however, exceed two
thousand dollars nor shall it exceed one half his average
annual regular compensation during the five fiscal 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 the amount which,
added to his annuity, shall make his total retirement allow-
ance equal to four hundred and eighty dollars per annum;
nor shall the total pension of any member who upon attain-
ing age seventy 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 at such age equal

74 Acts, 1935. — Chap. 58.

to one half of his average annual regular compensation
during the five years immediately preceding his retirement.

ORDINARY DISABILITY RETIREMENT.

Conditions for Allowance.

Section 7. (1) Upon the application of a member
in service or of the head of the department, any member
who has had twenty or more years of creditable service
may be retired by the retirement board, not less than thirty
and not more than ninety days next following the date of
filing such application, on an ordinary disability retire-
ment allowance; provided, that a physician of the retire-
ment board, after a medical examination of such member,
shall certify that such member is mentally or physically
incapacitated for the further performance of duty, that
such incapacity is likely to be permanent, and that such
member should be retired.

Amount of Allowance.

(2) Upon retirement for ordinary disability a member
shall receive a service retirement allowance if he has at-
tained age sixty; otherwise he shall receive an ordinary
disability retirement allowance consisting of: —

(a) An annuity-certain equal to ten per centum per
annum of his accumulated contributions at the time of
his retirement or to twenty dollars per month, whichever
is greater, which shall be payable in equal monthly instal-
ments until such accumulated contributions together with
regular interest on the unexpended balance shall be ex-
hausted, and

(6) A pension of ninety per centum of the pension that
would have been provided by the town for the member
had he remained without further change of compensation
in the service of the town until he reached age sixty and
then retired.

ACCIDENTAL DISABILITY RETIREMENT.

Conditions for Allowance.

Section 8. (1) Upon application of a member in
service, or of the head of the department, any member
who has been totally and permanently incapacitated for
duty as the natural and proximate result of an accident
occurring in the performance and within the scope of his
duty at some definite time and place, without wilful negli-
gence on his part, shall be retired not less than thirty nor
more than ninety days following the date of filing of such
application; provided, that a physician of the retirement
board, after an examination of such member, shall report
that said member is physically or mentally incapacitated
for the further performance of duty, that such incapacity
is likely to be permanent, and that said member should be
retired, and the retirement board shall concur in such report

Acts, 1935. — Chap. 58. 75

and find that the physical or mental incapacity is the
natural and proximate result of such an accident and that
such disability is not the result of wilful negligence on the
part of said member and that said member should be retired.

Amount of Allowance.

(2) Upon retirement for accidental disability a member
shall receive a service retirement allowance if he has at-
tained age sixty; otherwise he shall receive an accidental
disability retirement allowance consisting of: —

(a) An annuity-certain equal to ten per centum per
annum of his accumulated contributions at the time of his
retirement or to twenty dollars per month, whichever is
greater, which shall be payable in equal monthly instal-
ments until such accumulated contributions together with
regular interest on the unexpended balance shall be ex-
hausted, and

(6) A pension equal to one half of the average rate
of his regular annual compensation for the fiscal year
immediately preceding the date of the accident.

RE-EXAMINATION OF PENSIONERS RETIRED ON ACCOUNT OF

DISABILITY.

Section 9. (1) Once each year during the first five
years following retirement of a member on a disability
retirement allowance, and once in every three-year period
thereafter, the retirement board may, and upon his applica-
tion shall, require any disability pensioner who has not yet
attained age sixty to undergo a medical examination by a
physician or physicians designated by the retirement
board and approved by the board of selectmen, such
examination to be made at the place of residence of said
pensioner or other place mutually agreed upon. Should
any disability pensioner who has not yet attained the age
of sixty refuse to submit to at least one medical examination
in any such period of one or three years, as the case may
be, his allowance may be discontinued until his withdrawal
of such refusal, and should his refusal continue for a year,
all his rights in and to his pension shall be revoked by the
retirement board.

(2) Should such physician or physicians report and
certify to the retirement board that such disability pen-
sioner is engaged in or is able to engage in a gainful occupa-
tion paying more than the difference between his retire-
ment allowance and his final regular compensation, and
should the retirement board concur in such report, then
the amount of his pension shall be reduced to an amount
which, together with his annuity-certain and the amount
earnable by him, shall equal the amount of his final regular
compensation. Should his earning capacity 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

76 Acts, 1935. — Chap. 58.

amount which, when added to the amount earnable by the
pensioner together with his annuity-certain equals the
amount of his final regular compensation. A pensioner
restored to active service at a salary less than the final
regular compensation upon the basis of which he was
retired shall not become a member of the retirement
system.

(3) Should a disability pensioner be restored to active
service at a compensation not less than his final regular
compensation, his retirement allowance shall cease, he
shall again become a member of the retirement system,
and he shall contribute thereafter at the same rate he
paid prior to disability. Any balance of the fund held for
the payment of his annuity-certain which has not been
expended at the time he is restored to full active service as
a member shall be credited to his account in the Annuity
Savings Fund. Any prior service certificate on the basis
of which his service was computed at the time of his retire-
ment shall be restored to full force and effect, and in addi-
tion upon his subsequent retirement he shall be credited
with all his service as a member.

(4) Should a disability pensioner die before the annuity-
certain has expired, the balance of the fund held for the
payment of his annuity-certain which has not been ex-
pended at the time of his death shall be paid to his desig-
nated beneficiary, if living, otherwise to his legal repre-
sentative, subject to the proviso contained in subsection
(2) of section ten,

RETURN OF ACCUMULATED CONTRIBUTIONS.

Section 10. (1) Within sixty days after the filing with
the retirement board of a request therefor, any member
who shall have ceased to be an employee by resignation
or discharge or for any reason other than death or retire-
ment under the provisions of this act shall be paid the
amount of his accumulated contributions.

(2) Should a member die while an employee, his accumu-
lated contributions shall be paid to his designated bene-
ficiary, if living, otherwise to his legal representative;
provided, that if the sum so due does not exceed three
hundred dollars, and there has been no demand therefor
by a duly appointed executor or administrator, payment
may be made, after the expiration of three months from
the date of death of such member, to the persons appearing,
in the judgment of the retirement board, to be entitled
thereto, and such payment shall be a bar to recovery by
any other person.

accidental death benefit.

Acts, 1935. — Chap. 58. 77

time and place while the member was in the actual per-
formance and within the scope of his duty, and not the
result of wilful negligence on his part, and if the deceased
member is survived by any of the dependents enumerated
below, there shall be paid, in addition to accumulated
contributions under subsection (2) of section ten or to any
unexpended balance under subsection (4) of section nine,
an accidental death benefit consisting of a pension equal
to one half the average regular annual compensation
received by the deceased member for the fiscal year pre-
ceding the date of the accident, said pension to be paid: —

(a) To the dependent husband or wife of the deceased
member during life or until remarriage; or

(6) If there be no husband or wife or if the husband or
wife dies or remarries before every child of such deceased
member shall have attained the age of eighteen years, then
to his child or children under such age, divided in such
manner as the retirement board in its discretion shall
determine, to continue as a joint and survivor pension
until every such child dies or attains the age of eighteen
years ; or

(c) If there be no dependent husband or wife, or child
under the age of eighteen years, surviving such deceased
member, then to either his dependent father or dependent
mother, as the retirement board in its discretion shall
determine, to continue for life or until remarriage.

OPTIONAL BENEFITS.

Section 12. (1) Subject to the provisions that no
optional election shall be effective in case a pensioner dies
within thirty days after retirement, and that such a pen-
sioner shall be considered as an active member at the time
of death, until the first payment on account of any retire-
ment allowance is made, the member may elect to convert
the retirement allowance otherwise provided for in this
system into a lesser retirement allowance of equivalent
actuarial value payable throughout his life with the pro-
vision that: —

Option 1. — If the pensioner dies before having re-
ceived in annuity payments an amount equal to the present
value of the annuity at the date of the member's retire-
ment, the balance shall be paid to such surviving benefi-
ciary as the pensioner shall have nominated by written
designation duly acknowledged and filed with the retire-
ment board, or, if there be no beneficiary living, then to
the legal representative of the pensioner, without change
in the amount of the pension ; or

Option 2. — Upon the death of the pensioner, the lesser
retirement allowance shall be continued throughout the
life of and paid to such surviving beneficiary as the pen-
sioner shall have nominated by written designation duly
acknowledged and filed with the retirement board at the
date of the member's retirement ; or

78 Acts, 1935. — Chap. 58.

Option 3. — Upon the death of the pensioner, one half of
the lesser retirement allowance shall be continued through-
out the life of and paid to such surviving beneficiary as
the pensioner shall have nominated by written designation
duly acknowledged and filed with the retirement board
at the date of the member's retirement.

(2) If the member be an incompetent at the date of
retirement, the election of one of the optional benefits
provided in this section may be made by the member's
wife or husband, or if there be no wife or husband, then by
the member's conservator or guardian.

COMPENSATION BENEFITS OFFSET.

Section 13. Any amounts paid or payable by the
town under the provisions of the workmen's compensa-
tion law to a member or to the dependents of a member
on account of death or disability shall be offset against
and payable in lieu of any benefits payable out of funds
provided by the town under the provisions of this act on
account of the death or disabihty of a member. If the
value of the total commuted benefits under the workmen's
compensation law is less than the reserve on the pension
otherwise payable under this act, the value of such com-
muted payments shall be deducted from such pension
reserve and such benefits as may be provided by the
pension reserve so reduced shall be payable under the
provisions of this act.

ADMINISTRATION.

Section 14. (1) The management of the retirement
system is hereby vested in a retirement board, the member-
ship of which shall be constituted as follows: —

(a) The treasurer of the town,

(6) One person who shall not be a member of the retire-
ment system and who shall be appointed by the board of
selectmen to serve for a term of three years commencing
on the date when the retirement system becomes first
operative and until the qualification of his successor, and

(c) One person who shall be a member of the retirement
system and who shall be appointed by the board of select-
men, to serve for a term of one year, commencing on the
date when the retirement system becomes first operative
and until the qualification of his successor.

(2) As the terms of office of the appointed mem-
bers expire, their successors shall be appointed for terms
of three years each and until the qualification of their
successors. On a vacancy occurring in the appointed
membership of the retirement board, for any cause other
than the expiration of a term of office, a successor to the
person whose place has become vacant shall be appointed
for the unexpired term in the same manner as above
provided.

Acts, 1935. — Chap. 58. 79

(3) The members of the retirement board shall receive
such compensation as the board of selectmen shall de-
termine and they shall be reimbursed from the expense fund
for any expense or loss of salary or wages which they may
incur through service on the retirement board.

(4) The retirement board shall elect from its member-
ship a chairman, and shall by a majority vote of all its
members appoint a secretary, who may be, but need not
be, one of its members. It shall engage such actuarial
and other services as shall be required to transact the busi-
ness of the retirement system. The funds to meet the
costs of administering the retirement system shall be
derived from appropriations of the town. The retirement
board shall submit an estimate of such costs to the board of
selectmen not later than January fifteenth of each year.
Such amount as shall be required in the first year of opera-
tion to defray the expenses of the establishment and mainte-
nance of the retirement system shall be appropriated by
the town.

(5) The retirement board shall keep in convenient
form such data as shall be necessary for actuarial valuations
of the various funds of the retirement system and for check-
ing the experience of the system.

(6) The retirement board shall keep a record of all of
its proceedings, which shall be open to public inspection.
It shall publish annually a report showing the transactions
of the retirement system for the preceding fiscal year, the
amount of accumulated cash and securities of the system,
and the last balance sheet showing the financial condition
of the system by means of actuarial valuation of the assets
and liabilities thereof. The board shall submit said report
to the board of selectmen and shall furnish copies thereof
to the town clerk for distribution.

Legal Adviser.

(7) The town counsel shall be the legal adviser of the
retirement board.

Medical Examinations.

(8) The retirement board, subject to the approval of
the board of selectmen, shall appoint a physician and fix
his compensation, and said physician shall arrange for and
pass upon all medical examinations required under the
provisions of this act, shall investigate all essential state-
ments and certificates by or in behalf of a member in con-
nection with an application for disability retirement, and
shall report in writing to the retirement board his conclu-
sions and recommendations upon all the matters referred
to him. If required, other physicians may be employed
by the retirement board to report on special cases.

80 Acts, 1935. — Chap. 58.

Duties of Actuary.

(9) The retirement board shall designate an actuary
who shall be the technical adviser of the retirement board
on matters regarding the operation of the funds created by
the provisions of this act, and shall perform such other
duties as are required in connection therewith.

(10) Immediately after the establishment of the retire-
ment system the actuary shall make such investigation of
the mortality, service and compensation experience of
the members of the system as he shall recommend and the
retirement board shall authorize, and on the basis of such
investigation he shall recommend for adoption by the
retirement board such tables and such rates as are required
by section fifteen. The retirement board shall adopt
tables and certify rates, and as soon as practicable thereafter
the actuary shall make a valuation, based on such tables
and rates, of the assets and liabilities of the funds created
by this act.

(11) Three years after the system becomes operative,
and at least once in each five-year period thereafter, the
actuary shall make an actuarial investigation into the
mortality, service and compensation experience of the
members and pensioners of the retirement system, and shall
make a valuation of the assets and liabilities of the funds
thereof, and taking into account the result of such investi-
gation and valuation the retirement board shall —

(a) Adopt for the retirement system such mortahty,
service and other tables as shall be deemed necessary; and

(6) Certify the rates of contribution payable by the town
on account of new entrants.

(12) On the basis of such tables as the retirement board
shall from time to time adopt, the actuary shall make an
annual valuation of the assets and liabilities of the reserve
funds of the system created by this act.

METHOD OF FINANCING.

Section 15. All of the assets of the retirement system
shall be credited, according to the purpose for which they
are held, to one of the following five funds, namely, the
Annuity Savings Fund, the Annuity Reserve Fund, the
Pension Accumulation Fund, the Pension Reserve Fund or
the Expense Fund.

Annuity Savings Fund.

(1) (a) The Annuity Savings Fund shall be the fund
to which shall be paid the deductions from the compensa-
tion of members. The treasurer of the town shall withhold
four per centum of the regular compensation due on each
pay day to all employees who are members of this retire-
ment system. The various amounts so withheld shall be
transferred immediately thereafter to the retirement sys-
tem and credited to the accounts of the respective mem-

Acts, 1935. — Chap. 58. 81

bers so contributing, and shall be paid into and become a
part of said Annuity Savings Fund.

(6) In determining the amount earnable by a member
in a payroll period, the retirement board may consider the
rate of annual compensation payable to such member on
the first day of the payroll period as continuing throughout
such payroll period, and it may omit deduction from com-
pensation for any period less than a full payroll period if
an employee was not a member on the first day of the
payroll period.

(c) The deductions provided for herein shall be made
notwithstanding that the minimum compensation provided
for by law for any member shall be reduced thereby.
Every member shall be deemed to consent and agree to the
deductions provided for herein and shall receipt for his full
salary or compensation, and the payment of his full salary
or compensation less the deductions provided for hereunder
shall be considered a full and complete discharge and
acquittance of all claims and demands whatsoever for the
services rendered by such person during the period covered
by such payment, except as to the benefits provided under
this act.

(d) In addition to the contributions deducted from
compensation as hereinbefore provided, subject to the
approval of the retirement board, any member may re-
deposit in the Annuity Savings Fund by a single payment
or by an increased rate of contribution an amount equal
to the total amount which he previously withdrew there-
from, as provided in this act, or any part thereof; or any
member may deposit therein by a single payment or by an
increased rate of contribution an amount computed to
be sufficient to purchase an additional annuity, which,
together with his prospective retirement allowance, will
provide for him a total retirement allowance of not more
than one half of his salary at age sixty. Such additional
amounts so deposited shall be treated as a part of his
accumulated contributions, except in the event of his
retirement, when they shall not be used to increase the
pension payable, and shall be treated as excess contribu-
tions returnable to the member in cash or in providing an
excess annuity of equivalent actuarial value. The accu-
mulated contributions of a member withdrawn by him
or paid to his estate or to his designated beneficiary in
event of his death as provided in this act shall be paid from
the Annuity Savings Fund. Upon the retirement of a
member his accumulated contributions shall be transferred
from the Annuity Savings Fund to the Annuity Reserve
Fund.

Annuity Reserve Fund.

(2) The Annuity Reserve Fund shall be the fund from
which shall be paid all annuities and all benefits in lieu
of annuities, payable as provided in this act. Should a

82 Acts, 1935. — Chap. 58.

pensioner, retired on account of disability, be restored to
active service with a compensation not less than his regu-
lar compensation at the time of his last retirement, any-
unexpended balance of the fund held for the payment of
his annuity-certain shall be transferred from the Annuity
Reserve Fund to the Annuity Savings Fund, and credited
to his individual account therein.

Pension Accumulation Fund.

(3) (a) The Pension Accumulation Fund shall be the
fund into which shall be accumulated all reserves for the
payment of all pensions and other benefits payable from
contributions made by the town, and from which shall be
paid all pensions and other benefits on account of members
with prior service credit. Contributions to and payments
from the Pension Accumulation Fund shall be made as
follows : —

(b) On account of each member there shall be paid
annually into the Pension Accumulation Fund by the said
town, for the preceding fiscal year, a certain percentage of
the regular compensation of each member, to be known
as the "normal contribution", and an additional per-
centage of his regular compensation to be known as the
"accrued hability contribution". The rates per centum
of such contributions shall be fixed on the basis of the
liabilities of the retirement system as shown by actuarial
valuation. Until the first valuation the normal contribu-
tion shall be three and eighty-two hundredths per centum,
and the accrued liability contribution .shall be five and
twenty hundredths per centum, of the regular annual
compensation of all members.

(c) On the basis of regular interest and of such mortality
and other tables as shall be adopted by the retirement
board, the actuary engaged by the board to make each'
valuation required by this act during the period over which
the accrued liability contribution is payable, immediately
after making such valuation, shall determine the uniform
and constant percentage of the regular compensation
of the average new entrant, which if contributed on the
basis of compensation of such new entrant throughout his
entire period of active service is computed to be sufficient
to provide for the payment of any pension payable on his
account. The rate per centum so determined shall be
known as the "normal contribution" rate. After the
accrued Hability contribution has ceased to be payable,
the normal contribution rate shall be the rate per centum
of the regular compensation of all members obtained by
deducting from the total liabilities of the Pension Accumu-
lation Fund the amount of the funds in hand to the credit
of that fund and dividing the remainder by one per centum
of the present value of the prospective future salaries of all
members as computed on the basis of the mortality and
service tables adopted by the retirement board and regular

Acts, 1935. — Chap. 58. 83

interest. The normal rate of contribution shall be de-
termined by the actuary after each valuation.

(d) Immediately succeeding the first valuation, the
actuary engaged by the retirement board shall compute
the rate per centum of the total regular compensation of
all members which is equivalent to four per centum of the
amount of the total pension liability on account of all
members and pensioners which is not dischargeable by the
aforesaid normal contribution made on account of such
members during the remainder of their active service.
The rate per centum originally so determined shall be
known as the "accrued liability contribution rate".

(e) The total amount payable in each year to the Pen-
sion Accumulation Fund shall be not less than the sum of
the rates per centum known as the normal contribution
rate and the accrued liability contribution rate of the total
compensation earnable by all members during the preceding
year; provided, that the amount of each annual accrued
liability contribution shall be at least three per centum
greater than the preceding annual accrued liability pay-
ment, and that the aggregate payments of the town shall
be sufficient when combined with the amount in the fund
to provide the pensions and other benefits payable out of
the fund during the year then current.

(/) The accrued liability contribution shall be discon-
tinued as soon as the accumulated reserve in the Pension
Accumulation Fund shall equal the present value, as
actuarially computed and approved by the retirement
board, of the total liability of such fund less the present
value, computed on the basis of the normal contribution
rate then in force, of the prospective normal contributions
to be received on account of persons who are at that time
members.

{g) All pensions, and benefits in lieu thereof, with the
exception of those payable on account of members who
receive no prior service allowance, payable from contribu-
tions of the town, shall be paid from the Pension Accumula-
tion Fund.

(h) Upon the retirement of a member not entitled to
credit for prior service, an amount equal to his pension
reserve shall be transferred from the Pension Accumulation
Fund to the Pension Reserve Fund.

Pension Reserve Fund.

(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 pensioner, retired on account of disability,
be restored to active service with a compensation not less
than his average regular compensation for the year pre-
ceding his last retirement, the pension reserve thereon shall
be transferred from the Pension Reserve Fund to the Pen-
sion Accumulation Fund. Should the pension of a dis-

84 Acts, 1935. — Chap. 58.

ability pensioner be reduced as a result of an increase in
his earning capacity, the amount of the annual reduction
in his pension shall be paid annually into the Pension Accu-
mulation Fund during the period of such reduction.

Expense Fund.

(5) The Expense Fund shall be the fund to which shall
be credited all money appropriated by the town to pay the
administration expenses of the retirement system, and from
which shall be paid all the expenses necessary in connection
with the administration and operation of the system.

Appropriations.

(6) (a) On or before the fifteenth day of January in
each year the retirement board shall certify to the board
of selectmen the amount of the appropriations required
for the current calendar year to maintain the funds for
all the benefits provided under this act and items of ap-
propriation providing for such amounts shall be included
in the budget.

(6) To cover the requirements of the system for the
period prior to the date when the first regular appropriation
is due, as provided by paragraph (a) of this subsection,
such amounts as shall be necessary to cover the needs of
the system shall be paid into the Pension Accumulation
Fund and the Expense Fund by special appropriations to
the system.

MANAGEMENT OF FUNDS.

Section 16. (1) The retirement board shall invest
the funds of the retirement system in such securities as are
approved from time to time by the bank commissioner for
the investment of the funds of savings banks under the
laws of the commonwealth and in deposits in such banks.

(2) The retirement board shall annually allow regular
interest on the average balance for the preceding fiscal
year to the credit of the various funds from the interest
and dividends earned from investments. Any excess
earnings over the amount so credited shall be used for
reducing the amount of contributions required of the town
during the ensuing fiscal year. Any deficiency shall be
paid by the town during the ensuing fiscal year.

(3) The treasurer of the town shall be custodian of the
several funds. All payments from said funds shall be made
by him only upon vouchers signed by one member of the
retirement board and approved by the town accountant
and the board of selectmen. A duly attested copy of a
resolution of the retirement board designating such mem-
ber and bearing upon its face a specimen signature of such
member shall be filed with the treasurer as his authority
for making payments upon such vouchers. No voucher
shall be drawn unless it shall have been previously au-
thorized by resolution of the retirement board.

Acts, 1935. — Chap. 58. 85

(4) For the purpose of meeting disbursements for pen-
sions, annuities and other payments an amount of money,
not exceeding ten per centum of the total amount in the
several funds of the retirement system, may be kept on
deposit in one or more banks or trust companies organized
under the laws of the commonwealth or of the United States;
provided, that the sum on deposit in any one bank or trust
company shall not exceed ten per centum of the paid-up
capital and surplus thereof.

(5) The retirement board may, in its discretion, transfer
to or from the Pension Accumulation Fund the amount of
any surplus or deficit which may develop in the reserves
creditable to the Annuity Reserve Fund or the Pension
Reserve Fund, as shown by actuarial valuation.

(6) Except as otherwise provided herein, no member
and no employee of the retirement board shall have any
direct interest in the gains or profits of any investment
made by the retirement board, nor as such receive any
pay or emolument for his services. No member or employee
of the retirement board shall, directly or indirectly, for
himself or as an agent, in any manner use any of the securi-
ties or other assets of the retirement board, except to make
such current and necessary payments as are authorized
by the retirement board ; nor shall any member or employee
of the retirement board become an endorser or surety
or in any manner an obhgor for moneys loaned by or bor-
rowed from the retirement system.

(7) The retirement board may at any time in its dis-
cretion, with the approval of the commissioner of insurance,
elect to have underwritten and guaranteed by an insurance
company or companies approved by him any or all of the
benefits included in the retirement system. Any payment
of premium to an insurance company in consideration of
the insurance company's guarantee to fulfill certain obliga-
tions assumed shall be deemed not inconsistent with the
provisions of the retirement plan relating to management
and investment of funds under the retirement system.

(8) Each member of the retirement board, and the
treasurer of the town in his capacity as custodian of the
several funds, shall severally give bond for the faithful
performance of his duties in a sum and with sureties or
surety approved by the board of selectmen.

EXEMPTION OF FUNDS FROM TAXATION AND EXECUTION.

Section 17. The pensions, annuities and retirement
allowances and the accumulated contributions and the
cash and securities in the funds created by this act are
hereby exempted from any state, county or municipal tax
of this commonwealth, and shall not be subject to execu-
tion or attachment by trustee process or otherwise, in law
or in equity, or under any other process whatsoever,
and shall be non-assignable except as specifically provided
in this act.

86 Acts, 1935. — Chap. 58.

RECEIPT OF BOTH RETIREMENT ALLOWANCE AND SALARY
FORBIDDEN.

Section 18. No pensioner of the retirement system
shall be paid for any service, except service as a juror and
such service as he may be called upon to perform in the
department in a time of public emergency, rendered by
him to the town after the date of the first payment of any
retirement allowance hereunder, except as provided in
section nine of this act, and except as further provided in
this section.

Notwithstanding the above provision, a pensioner may
be employed, for periods of not exceeding one year at a
time, with the approval of the board of selectmen, and may
receive compensation from the town for the services so
rendered; provided, that the annual rate of compensation
paid, together with the retirement allowance received,
shall not exceed the regular compensation of the said pen-
sioner at the time of retirement.

RIGHT OF APPEAL.

Section 19. The supreme judicial court shall have
jurisdiction in equity upon the petition of the retirement
board or any interested party or upon the petition of not
less than ten taxable inhabitants of the town to compel
the observance and restrain any violation of this act and
the rules and regulations authorized or established there-
under,

tenure unaffected.

Section 20. Nothing contained in this act shall affect
the right or power of the town or other duly constituted
authority in regard to demotion, transfer, suspension or
discharge of any employee.

inconsistent acts.

Section 21. Any of the provisions of any act or parts
of acts inconsistent herewith shall, on and after the effec-
tive date of this act, apply only to such employees of the
town as are, on said effective date, entitled to the benefits
thereof. Nothing herein contained shall be construed as
affecting the provisions of sections forty-nine to sixty,
inclusive, or of section ninety-two, of chapter thirty-two
of the General Laws.

DATE ACT effective.

Section 22. This act shall take full effect upon its
acceptance by the town of Milford by a majority vote of
the town meeting members present and voting thereon
at any town meeting called within two years of the passage
of this act, but not otherwise. Ajrproved March 8, 1935.

Acts, 1935. — Chap. 59.

G. L. (Ter.
Ed.), 54. § 135,
etc., amended.

Recount of
votes, how and
by whom
conducted.

An Act making certain perfecting amendments in the Chap. 59

ELECTION LAWS INCIDENT TO THE CHANGE OF DATE FOR
THE ASSESSMENT OP LOCAL TAXES,

Be it enacted, etc., as follows:

Section 1. Section one hundred and thirty-five of
chapter fifty-four of the General Laws, as most recently
amended by chapter two hundred and seventy of the acts
of nineteen hundred and thirty-three, is hereby further
amended by striking out the first paragraph and inserting
in place thereof the following: —

If, on or before five o'clock in the afternoon on the third
day following an election in a ward of a city or in a town,
ten or more voters of such ward or town, except Boston,
and in Boston fifty or more voters of a ward, shall sign in
person, adding thereto their respective residences on the
preceding January first, and cause to be filed with the
city or town clerk a statement, bearing a certificate by the
registrars of voters of the number of names of subscribers
which are names of registered voters in such ward or town,
and sworn to by one of the subscribers, that they have
reason to believe and do believe that the records, or copies
of records, made by the election officers of certain pre-
cincts in such ward or town, or in case of a town not voting
by precincts, by the election officers of such town, are
erroneous, specifying wherein they deem them to be in
error and that they believe a recount of the ballots cast in
such precincts or town will affect the election of one or
more candidates voted for at such election, specifying the
candidates, or will affect the deci.sion of a question voted
upon at such election, specifying the question, the city or
town clerk shall forthwith transmit such statement and
the envelope containing the ballots, sealed, to the registrars
of voters, who shall, without unnecessary delay, but not
before the last hour for filing requests for recounts as afore-
said, open the envelopes, recount the ballots and determine
the questions raised; but upon a recount of votes for town
officers in a town where the selectmen are members of the
board of registrars of voters, the recount shall be made by
the moderator, who shall have all the powers and perform
all the duties conferred or imposed by this section upon
registrars of voters.

Section 2. Section one hundred and twelve of chapter
fifty-three of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by striking out, in
the third fine, the word "April" and inserting in place
thereof the word : — January, — so as to read as follows: —
Section 112. If before five o'clock in the afternoon of the
second day next succeeding the day of a caucus, ten or more
voters of any town or ward shall sign, adding thereto their
respective residences on January first of that year, and file
with the city or town clerk a sworn statement that the

G. L. (Ter.
Ed.), 53. § 112,
amended.

Recount ot
ballots at
caucuses, etc.

Acts, 1935. — Chap. 60.

records and returns made by the caucus officers of such
town or ward are erroneous, specifying the error, or that
challenged votes were cast by persons not entitled to vote
therein, said city or town clerk shall forthwith transmit
such statement to the registrars of voters with the sealed
package containing the ballots and voting lists, and said
registrars shall give written notice to the person affected,
fixing a place and time, as early as may be, at which said
ballots will be recounted, and at such place and time shall
open the packages containing the ballots and voting Usts
and recount said ballots and determine the questions raised,
and shall reject any challenged vote cast by a person found
not to have been entitled to vote; and such recount shall
stand as the true result of the vote cast in such caucus.
Each candidate affected may be present during such re-
count, or may be represented by an agent appointed by
him in writing. If it shall appear upon a recount that
persons were nominated or elected other than those de-
clared to have been nominated or elected, certificates of
such change shall be made as in the case of the original
certificate. Approved March 8, 1936.

G.L. (Ter.
Ed.), 23, § 9,
amended.

Inspectors of
standards.

Bonds.

Chap. 60 An Act providing a penalty for interfering with the

DIRECTOR AND INSPECTORS OF STANDARDS IN THE PER-
FORMANCE OF THEIR OFFICIAL DUTIES IN ALL CASES WHERE
NOT ALREADY PROVIDED.

Be it enacted, etc., as follows:

Section 1. Chapter twenty-three of the General Laws
is hereby amended by striking out section nine, as appear-
ing in the Tercentenary Edition, and inserting in place
thereof the following: — Section 9. Inspectors of stand-
ards appointed under section four shall aid the director in
the performance of his duties, shall have all necessary
powers therefor and shall give bond for the faithful per-
formance of their duties. Whoever hinders, obstructs or
in any way interferes with the director or an inspector in
the performance of any official duty imposed by law shall,
except as otherwise provided, be punished by a fine of
not more than three hundred dollars or by imprisonment
for not more than two months.

Section 2. Section thirty of chapter ninety-eight of
the General Laws, as so appearing, is hereby repealed.

Section 3. Section thirty-two of said chapter ninety-
eight, as so appearing, is hereby amended by striking out
all after the word "sealers" in the sixteenth line down to
and including the word "months" in the nineteenth fine, —
so as to read as follows: — Section 82. At least once in
three years, the standards of apothecaries' weights and of
apothecaries' liquid measures in the custody of town
treasurers and at least once in ten years, or oftener if the
director deems it necessary, the other standard weights,
measures and balances of each town shall be tested, ad-

G. L. (Ter.
Ed.). 98, §30,
repealed.
G. L. (Ter.
Ed.), 98, $32,
amended.

Teste and
inspection of
local standards,
etc.

Acts, 1935. — Chaps. 61, 62. 89

justed and sealed or certified under his direction. He shall
also see that such standards are kept in good order and
condition, and may at any time, and shall on request of
a town treasurer, cause an inspection of the standards
to be made. The director and his inspectors may also
inspect any weighing or measuring devices used for buying,
selling or exchanging goods, wares, merchandise or other
commodity, or for public weighing in a town, and, if found
inaccurate, shall forthwith inform the mayor or select-
men, who shall cause the law relating thereto to be enforced.
If the director or an inspector discovers a violation of law,
he may make and prosecute a complaint and shall have
therefor the same statutory powers relative to the enforce-
ment of laws pertaining to weights and measures as are
vested in local sealers. Every treasurer neglecting to
have the standards in his care sealed as provided in this
section shall forfeit not more than fifty dollars.

Approved March 8, 1935.

An Act authorizing the establishment of a police Q}iQ/n gl

TRAINING SCHOOL AND BUREAU OF CRIMINAL IDENTIFICA-
TION IN THE COUNTY OF BARNSTABLE.

Be it enacted, etc., as follows:

The county of Barnstable may provide and maintain
a school for the tr^,ining of deputy sheriffs, constables and
police officers and a bureau of criminal investigation under
the direction of the sheriff of said county. Said school and
bureau of criminal investigation shall be suitably provided
with necessary instructors and equipment for the furnishing
of instruction to deputy sheriffs, constables and police
officers within said county in the use of firearms, criminal
investigation and detection, the prosecution of criminal
cases in court, and such other instruction as may be neces-
sary for the thorough training of men in the prevention,
detection and prosecution of crime.

Approved March 8, 1936.

An Act authorizing the town of Plymouth to borrow Qhav 62

MONEY FOR TOWN WHARF PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of reconstructing the
town wharf and public landing in the town of Plymouth,
said town may borrow from time to time within a period
of five years from the passage of this act, such sums as
may be necessary, not exceeding, in the aggregate, forty
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Plymouth Public
Landing Loan, Act of 1935. Each authorized issue shall
constitute a separate loan, and such loans shall be paid in
not more than ten years from their dates, but no issue shall
be authorized under this act unless a sum equal to an

90 Acts, 1935. — Chaps. 63, 64.

amount not less than ten per cent of such authorized issue
is voted for the same purpose to be raised by the tax levy
of the year when authorized. Indebtedness incurred
under this act shall be within the statutory limit and shall,
except as herein provided, be subject to chapter forty-four
of the General Laws, exclusive of the limitation contained
in the first paragraph of section seven thereof.

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

Approved March 11, 1985.

Chap. 63 An Act authorizing the town of erving to contribute

TOWARD THE PAYMENT OF RENT OF QUARTERS FOR THE
POST OF THE VETERANS OF FOREIGN WARS IN THAT PART
OF THE TOWN OF MONTAGUE KNOWN AS MILLERS FALLS.

Be it enacted, etc., as foUoivs:

Section 1. Section one of chapter fifty-six of the acts
of nineteen hundred and twenty-eight is hereby amended
by inserting after the word "Legion" in the fifth hne the
words: — and of the post of the Veterans of Foreign Wars,
— so as to read as follows: — Section 1. For the purpose of
promoting patriotism and loyalty to country, the town of
Erving may annually appropriate money for the purpose of
contributing toward the payment of the rent of the quarters
of the post of The American Legion and of the post of the
Veterans of Foreign Wars in that part of the town of
Montague known as Millers Falls to the same extent as if
said quarters were situated within the hmits of said town
of Erving.

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

Approved March 12, 1935.

Chap. 64 An Act relative to the time of inaugural of the city

government of the city of EVERETT.

Be it enacted, etc., as follows:

Section eleven of chapter three hundred and fifty-five
of the acts of eighteen hundred and ninety-two, as most
recently amended by chapter one hundred and thirty-five
of the acts of nineteen hundred and thirty-three, is hereby
further amended by striking out, in the fifth line, the words
"twelve o'clock, noon" and inserting in place thereof the
words: — eight o'clock in the evening, — so as to read as
follows: — 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 eight o'clock in the evening, assemble
together 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 mem-
bers of the city council by the mayor, or by the city clerk,

Acts, 1935. — Chap. 65. 91

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 March 12, 1935.

An Act excluding loan orders by the city of Gardner Qhav 65

FROM certain PROVISIONS OF ITS CHARTER RELATING TO ^'

PUBLICATION OF MEASURES AND THEIR SUBJECTION TO
REFERENDUM.

Be it enacted, etc., as follows:

Section 1. Section twenty-nine of chapter one hun-
dred and nineteen of the acts of nineteen hundred and
twenty-one is hereby amended by striking out, in the first
hne, the words "or loan order", — so as to read as follows:
— Section 29. Every proposed ordinance, except emer-
gency measures as hereinbefore defined, shall at least ten
days before its final passage, be pubHshed in full in at least
one newspaper of the city, and in any additional manner
that may be provided by ordinance.

After final passage, it shall, in the same manner as before,
again be published once, as amended and completed,
except in the case of an emergency ordinance which may be
passed as hereinbefore provided and which shall take
effect on its passage, and shall so be published at the earliest
practicable moment.

Section 2. Section forty-eight of said chapter one
hundred and nineteen is hereby amended by inserting
after the word ''measure" in the second line the words: — ,
other than a loan order, — so as to read as follows: — Sec-
tion 48. If within twenty days after the final passage of
any measure, other than a loan order, by the city council
or by the school committee, a petition signed by registered
voters of the city, equal in number to at least twelve per
cent of the total number of registered voters, be pre-
sented to the city council or to the school committee, as
the case may be, protesting against such measure or any
part thereof taking effect, the same shall thereupon and
thereby be suspended from taking effect; and the city coun-
cil or the school committee, as the case may be, shall im-
mediately reconsider such measure or part thereof; and if
such measure or part thereof be not entirely annulled,
repealed or rescinded, the city council shall submit the
same, by the method herein provided, to a vote of the

92 Acts, 1935. — Chaps. 66, 67.

qualified voters of the city, either at the next regular city
election, or at a special election which may, in its discre-
tion, be called for the purpose, and such measure or part
thereof shall forthwith become null and void unless a
majority of the qualified voters voting on the same at such
election shall vote in favor thereof. The petition provided
for by this section shall be termed a referendum petition.

The procedure in respect to the referendum petition
shall be the same as that provided by section forty-five
of this act, except that the words "measure or part thereof
protested against" shall for this purpose be understood
to replace the word "measure" in that section wherever
it may occur, and that the word "referendum" shall be
understood to replace the word "initiative" in that section.

Section 3. This act shall take effect upon its accept-
ance by the city council of the city of Gardner, with the
approval of the mayor, not later than June first of the
current year. Approved March 12, 1935.

Chap. 66 An Act authokizing the selectmen of the town of

ROCKPORT TO APPOINT ANNUALLY THREE MEMBERS OF
THE BOARD OF HEALTH.

Be it enacted, etc., as follows:

Section 1. The board of selectmen of the town of
Rockport shall, after this act becomes effective, annually
appoint for the term of one year three members of the
board of health, one of whom shall be a physician, which
shall have and exercise within said town all the powers and
duties vested from time to time in local boards of health
by general law.

Section 2. No contract in force or liabiHty incurred
prior to the effective date of this act shall be affected by
the provisions hereof, and such board of health after the
appointment of its members by the selectmen, shall in all
respects be the lawful board of health for said town.

Approved March 12, 1935.

ChaV 67 ^^ ^^'^ RELATIVE TO THE ELIGIBILITY OF APPLICANTS FOR
EXAMINATION FOR SECOND CLASS ENGINEERS' LICENSES.

Be it enacted, etc., as follows:

G. L. (Ter. Section fifty of chapter one hundred and forty-six of the

amenckd ' ^ ^°' General Laws, as appearing in the Tercentenary Edition,

is hereby amended by inserting after the word "engineer"

in the twentieth line the words: — or chemical engineer, —

Qtiaiificationa SO as to read as follows : — Section 50. To be eligible for

of licensees. examination for a first class fireman's license, a person

must have been employed as a steam engineer or fireman

in charge of or operating boilers for not less than one year,

or he must have held and used a second class fireman's

license for not less than six months. To be eligible for

examination for a third class engineer's license, a person

Acts, 1935. — Chap. 68.

must have been employed as a steam engineer or fireman
in charge of or operating boilers for not less than one and
one half years, or he must have held and used a first class
fireman's Ucense for not less than one year. To be eligible
for examination for a second class engineer's license, a
person must have been employed as an engineer in charge
of a steam plant or plants having at least one engine of over
fifty horse power for not less than two years, or he must
have held and used a third class engineer's license either as
an engineer, assistant engineer or fireman for not less than
one year, or have held and used a special license to operate
a first class plant for not less than two years; except that
any person who has served three years as apprentice to the
machinist or boiler making trade in stationary, marine or
locomotive engine or boiler works and who has been em-
ployed for one year in connection with the operation of a
steam plant, or any person graduated as a mechanical
engineer or chemical engineer from a duly recognized school
of technology who has been employed for one year in con-
nection with the operation of a steam plant, shall be eligible
for examination for a second class engineer's license. To
be eligible for examination for a first class engineer's
license, a person must have been employed for not less
than three years as an engineer in charge of a steam plant
or plants having at least one engine of over one hundred
and fifty horse power, or he must have held and used a
second class engineer's license in a second class or first
class plant for not less than one and one half years.

Approved March 12, 1935.

An Act excluding revenue loan orders by cities from nhnr) fiS

CERTAIN PROVISIONS OF THEIR CHARTERS RELATING TO ^'

PUBLICATION OF CERTAIN MEASURES AND THEIR SUBJEC-
TION TO REFERENDUM.

Be it enacted, etc., as follows:

Section 1. Section twenty-three of chapter forty-
three of the General Laws, as appearing in the Tercen-
tenary Edition, is hereby amended by inserting after the
word "defined" in the second hne the words: — and revenue
loan orders, — ■ so as to read as follows : — Section 23. city ordi-
Every proposed ordinance or loan order, except emergency pubffcatfon of
measures as hereinbefore defined and revenue loan orders,
shall be published once in full in at least one newspaper of
the city, and in any additional manner that may be pro-
vided by ordinance, at least ten days before its final pas-
sage. After such final passage, it shall, in the same man-
ner as before, again be pubfished once, as amended and
coinpleted, except in the case of an emergency ordinance
which may be passed as hereinbefore provided and which
shall take effect on its passage, and shall be so pubhshed
at the earhest practicable moment; provided, that if any
ordinance or proposed ordinance, or codification of or-

G. L. (Ter.
Ed.), 43. § 23,
amended.

Acts, 1935. — Chap. 68.

G. L. (Ter.
Ed.). 43, § 42,
amended.

Referendum

petitions.

G. L. (Ter.
Ed.), 44, new
section 4A,
added.
Publication
limited.

G. L. (Ter.
Ed.), 44, § 5A,
amended.

Cities may
borrow to
meet certain
liabilities

dinances or proposed ordinances, shall exceed in length
eight octavo pages of ordinary book print, then, in lieu of
the advertising required by this section, the same may be
published by the city council in a municipal bulletin or
printed pamphlet, and if so pubhshed in full at least ten
days before its final passage, and thereafter, as amended
and completed, again pubhshed in such bulletin or pam-
phlet, said publications shall be deemed sufficient without
the newspaper pubhcation as herein required.

Section 2, Section forty-two of said chapter forty-
three, as so appearing, is hereby amended by inserting after
the word "measure" in the second line the words: —
, except a revenue loan order, — so as to read as follows: —
Section J^2. If, within twenty days after the final passage
of any measure, except a revenue loan order, by the city
council or by the school committee, a petition signed by
registered voters of the city, equal in number to at least
twelve per cent of the total number of registered voters, is
presented to the city council or to the school committee,
as the case may be, protesting against such measure, or
any part thereof, taking effect, the same shall thereupon
and thereby be suspended from taking effect; and the city
council or the school committee, as the case may be, shall
immediately reconsider such measure or part thereof ; and
if such measure or part thereof is not entirely rescinded,
the city council shall submit the same, \>y the method herein
provided, to a vote of the registered voters of the city,
either at the next regular city election, or at a special elec-
tion which may, in its discretion, be called for the purpose,
and such measure or part thereof shall forthwith become
null and void unless a majority of the registered voters
voting on the same at such election vote in favor thereof.

The petition described in this section shall be termed
a referendum petition and section thirty-eight shall apply
to the procedure in respect thereto, except that the words
"measure or part thereof protested against" shall for this
purpose be understood to replace "measure" in said section
wherever it may occur, and "referendum" shall be under-
stood to replace the word "initiative" in said section.

Section 3. Chapter forty-four of the General Laws,
as so appearing, is hereby amended by inserting after
section four the following new section: — Section If-A. Any
provision of the charter of a city requiring the publication
of a measure or subjecting a measure to referendum shall
not apply to any loan order passed under the preceding
section.

Section 4. Section five A of said chapter forty-four,
as so appearing, is hereby amended by striking out, in
the sixth and seventh lines, the words "and any period for
filing a petition for a referendum thereon shall have ex-
pired",— so as to read as follows: — Section 5A. To
provide the necessary funds to meet liabifities authorized
by section thirty-four, the treasurer of a city, with the

Acts, 1935. — Chaps. 69, 70.

approval of the official whose approval is required by the in anticipation
city charter in the borrowing of money, may borrow on tfons."'^"^"^'
notes of the city, during any one month between the
beginning of the financial year and the time when the
revenue loan order shall become finally effective, a sum not
exceeding one twelfth of the amount obtained by adding
the previous year's tax levy to the sum received from the
commonwealth on account of the income tax during the
preceding year. The amount so borrowed shall be deemed
a part of the amount which may be borrowed under section
four. The provisions of city charters relative to loan orders
shall not otherwise apply to loans issued under this section.

Approved March 12, 1935.

An Act eelative to the returns required to be made (Jhn^ aq

TO THE state SECRETARY OF ACTION BY BODIES POLITIC OR ^'
CORPORATE WITH REGARD TO THE OPERATION OF CERTAIN
STATUTES.

Be it enacted, etc., as follows:

Chapter four of the General Laws is hereby amended g. l. (Ter.
by striking out section five, as appearing in the Ter- Amended! ^'
centenary Edition, and inserting in place thereof the fol-
lowing : — Section 5. If a statute is to take effect upon Return to be
action by a body politic or corporate or by any board or ^c^eury^o^/lc-
officer of such a body, or to become or cease to be operative,
in whole or in so far as it affects such a body, upon action
as aforesaid, a return of the result of any action so taken
shall be made by the clerk of such body, or officer having
hke powers, to the state secretary within thirty days there-
after. If a statute prescribes a time within which such
action may be taken, and within the time limited no action
is taken thereon, said clerk or other officer shall, within
thirty days after the expiration of the time so limited,
make to the state secretary a return to that effect.

Approved March 12, 1935.

ceptance or
rejection of
certain acts
and resolves.

An Act defining the term ''domestic animals" as used Qhnj) 70
IN the animal industry laws. ^'

Be it enacted, etc., as follows:

Section one of chapter one hundred and twenty-nine of g. l. (Ter.
the General Laws, as most recently amended by section ^tc^.'ameAdld'
twelve of chapter three hundred and forty of the acts of
nineteen hundred and thirty-four, is hereby further amended
by inserting after the word "agriculture" in the twelfth
line the following new paragraph: —

"Domestic animals", all animals including poultry that "Domestic
are kept or harbored as domesticated animals. Poultry defined^
as used in this section shall include chickens, roosters,
capons, hens, turkeys, pigeons, guinea fowl, and ducks and
geese other than wild species. Approved March 12, 1935.

Acts, 1935. — Chaps. 71, 72.

ChaV 71 "^^ ^^'^ AUTHORIZING THE APPOINTMENT OF AN ADDITIONAL
COURT OFFICER FOR THE THIRD DISTRICT COURT OF
EASTERN MIDDLESEX.

G. L. (Ter.
Ed.), 218, § 62,
amended.

Court oflBcers,

number

established.

Acceptance
of act.

Chap. 72

Emergency
preamble.

Be it enacted, etc., as follows:

Section 1. Section sixty-two of chapter two hundred
and eighteen of the General Laws, as appearing in the
Tercentenary Edition, is hereby amended by inserting
after the word "appointed" in the seventh Hne the follow-
ing:— ; in the third district court of Eastern Middlesex
three court oflEicers may be appointed, — and also by
striking out, in the tenth and eleventh lines, the words
", the third district court of Eastern Middlesex, — so as to
read as follows : — Section 62. In the municipal court of
the city of Boston the court officers appointed shall not
exceed ten for criminal business and five for civil business
and one of such court officers for criminal business shall be
designated by the chief justice as chief court officer of said
court for criminal business, and one of such court officers
for criminal business shall be designated as an assistant
chief court officer; in the municipal court of the Roxbury
district four court officers may be appointed; in the third
district court of Eastern Middlesex three court officers
may be appointed; in the municipal court of the South
Boston district, of the Charlestown district, of the Dorches-
ter district and of the West Roxbury district, the East
Boston district court, the district court of Chelsea and the
district court of East Norfolk two court officers for each
court may be appointed; and in each of the other district
courts in the commonwealth one court officer may be
appointed.

Section 2. This act shall take effect upon its ac-
ceptance during the current year by the county commis-
sioners of Middlesex county; but not otherwise.

Approved March IS, 1936.

An Act further modifying the requirements for mak-
ing CERTAIN RAILROAD BONDS LEGAL INVESTMENTS FOR
SAVINGS BANKS, INSTITUTIONS FOR SAVINGS AND TRUST
COMPANIES IN THEIR SAVINGS DEPARTMENTS.

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 1. Chapter one hundred and eleven of the acts
of nineteen hundred and thirty-three, as amended by
chapter seventy-nine of the acts of nineteen hundred and
thirty-four, is hereby repealed.

Section 2. Wherever in clauses third and sixteenth of
section fifty-four of chapter one hundred and sixty-eight

Acts, 1935. — Chaps. 73, 74. 97

of the General Laws a number of fiscal years is mentioned,
the fiscal years beginning in the years nineteen hundred and
thirty-one, nineteen hundred and thirty-two, nineteen
hundred and thirty-three, and nineteen hundred and thirty-
four shall be excluded from the count if the inclusion of
such years or any one or more 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, nine-
teen hundred and thirty-six, become eligible for such in-
vestment, shall continue to be eligible for such invest-
ment until April first, nineteen hundred and thirty-six;
provided, however, that the securities of a railroad com-
pany which has defaulted during the year nineteen hundred
and thirty-one or which shall have defaulted prior to April
first, nineteen hundred and thirty-six, in the payment of
matured principal or interest of any of its mortgage or
funded indebtedness shall not be ehgible for such invest-
ment. Approved March I4, 1935.

An Act kelative to the control, maintenance and use QJiQ/n 73

OF certain wharf property in the town of ORLEANS.

Be it enacted, etc., as follows:

Section 1. The town of Orleans is hereby authorized
to maintain and operate the wharf property in said town
known as the Timber Bulkhead and Platform as a wharf
and public landing and may lease portions of such property
for periods not exceeding one year.

Section 2. The powers conferred by this act may be
exercised by the selectmen, who shall have charge and
control of the maintenance and management of said prop-
erty and shall also have power to make rules and regula-
tions governing the use thereof, subject, however, to such
rules and regulations as the town may from time to time
fix by vote.

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

Approved March I4, 1936.

An Act changing the period of the operating year in (JJiav 74

CONNECTION WITH THE OPERATION AND MAINTENANCE OF
the SUMNER TUNNEL IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter two hundred
and ninety-seven of the acts of nineteen hundred and
twenty-nine is hereby amended by striking out, in the
tenth line, the word "June" and inserting in place thereof
the word : — March, — so as to read as follows : — ■ Section
11. If at any time during the operation of the tunnel the
receipts from tolls and charges as established under sec-

98 Acts, 1935. — Chap. 74.

tion nine or twelve are insufficient to meet the operating
costs, including for sinking fund requirements, however,
only such amount as is required by section eight, the
treasurer of the city is hereby authorized and directed to
make payments on account of the same from any funds
in the treasury of the city, including temporary tax loan
funds but excluding trust funds. If for any year ending on
the last day of March the operating costs, including for
sinking fund requirements, however, only such amount
as is required by section eight, exceed the receipts from such
tolls and charges, the said treasurer shall notify the assessors
of the city of the amount of such excess and the same
amount shall be added to the amount to be raised by the
city in the next annual tax levy. Any such amount shall
be in excess of the limit imposed by law on the amount to be
raised for municipal purposes by taxation in said city.

Section 2. Section twelve of said chapter two hun-
dred and ninety-seven, as amended by section five of
chapter two hundred and eighty-seven of the acts of nine-
teen hundred and thirty-two, is hereby further amended
by striking out, in the first line, the word "June" and in-
serting in place thereof the word : — March, — so as to
read as follows: — Section 12. Whenever as of the last
day of March in any year the receipts from tolls and charges
as established under section nine or under this section
exceed the operating costs, excluding for this purpose
interest and sinking fund requirements in respect of the
said three million dollars of bonds but including sinking
fund requirements in respect of the said sixteen million
dollars of bonds on a basis of the payment of all of the said
sixteen million dollars of bonds at the expiration of twenty
years after their respective dates, said excess shall be trans-
ferred to the general funds of the city so far as necessary to
reimburse it for any . amounts raised by taxation under
section eleven, exclusive of any amounts so raised for
interest or sinking fund requirements in respect of the said
three million dollars of bonds. If any such excess occurs
after the city shall have been reimbursed in full for all
amounts so raised by taxation, exclusive of amounts for
interest and sinking fund requirements in respect of the
said three million dollars of bonds, the public works de-
partment shall, subject to the provisions of section nine,
establish a reduced schedule of tolls and charges, sufficient,
however, to meet the operating costs; provided, however,
that until all of the said three million dollars of bonds shall
become payable, whether at their final maturity or when
called as hereinbefore provided, any such excess not so
needed for such reimbursement shall be paid into the said
supplemental sinking fund to be applied by the treasurer
to the payment of the interest and principal of the said
three million dollars of bonds. In case it shall be deter-
mined that all of such excess cannot be so paid without
impairing rights secured by the constitution of the United

Acts, 1935. — Chap. 75.

States to holders of any of the said sixteen milHon dollars
of bonds heretofore sold and paid for, then such part only
of such excess as can be so paid without such impairment
shall be paid into the said supplemental sinking fund as
hereinbefore provided. If the amounts so directed to be
contributed to the said supplemental sinking fund shall be
more than necessary to meet the interest on the said three
million dollars of bonds and to retire the principal thereof
at the expiration of twenty years after their respective
dates, the public works department shall estabhsh the said
reduced schedule as hereinbefore provided.

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

Approved March 14, 1935.

An Act authorizing co-operative banks to include Qfidj) 75

CERTAIN BONDS OF THE HOME OWNERS
TION in THEIR RESERVES.

LOAN CORPORA-

G. L. (Ter.
Ed.), 170, § 47.
etc., amended.

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:

Chapter one hundred and seventy of the General Laws
is hereby amended by striking out section forty-seven, as
appearing in chapter one hundred and forty-four of the
acts of nineteen hundred and thirty-three, and inserting
in place thereof the following : — ■ Section 47. Every such co-operative
corporation shall establish and at all times maintain, as a ^e'^qilired^^'"^^^
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 incor-
porated in this commonwealth or national banking asso-
ciation having its principal place of business within this
commonwealth; (c) bonds of the United States; (rf) such
bonds of the Home Owners' Loan Corporation created by
the act of Congress, known as the Home Owners' Loan
Act of 1933, as are guaranteed both as to principal and
interest by the United States; (e) bonds and notes of this
commonwealth or (/) deposits in The Co-operative Central
Bank in accordance 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 mortgaged to such corporation, until
such reserve shall have been fully restored.

Approved March I4, 1935.

100

Acts, 1935. — Chaps. 76, 77, 78.

Chap. 76 An Act relative to the purchase by co-operative

BANKS OF MORTGAGES HELD BY OTHER SUCH BANKS WHICH
ARE IN POSSESSION OF THE CO-OPERATIVE CENTRAL BANK.

Emergency
preamble.

Be it enacted, etc., as follows:

Section seven of chapter seventy-three of the acts of
nineteen hundred and thirty-four is hereby amended by
adding at the end thereof the following: — Any member
bank may purchase any mortgage held by any such bank
which is in possession of the corporation hereunder, at such
price and upon such terms as the corporation and the board
of directors of such purchasing bank may agree upon,
subject to the approval of the commissioner.

Approved March 14, 1935.

Chap. 77 An Act authorizing the town of sterling to take

OVER THE PROPERTIES AND TO ASSUME THE OBLIGATIONS
OF THE STERLING WATER DISTRICT.

Be it enacted, etc., as follows:

Section 1, The town of Sterling is hereby authorized
to take over all the property, rights and privileges of the
Sterling Water District, established by chapter seventy-
five of the acts of nineteen hundred and twenty-five, and
to assume all the duties and obligations of said district,
and shall thereby become in all respects the lawful successor
of said district.

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

Approved March 14, 1935.

Chap. 78 An Act permitting dancing at weddings on the lord's

DAY.

Be it enacted, etc., as follows:

Section two of chapter one hundred and thirty-six of
the General Laws, as most recently amended by chapter
sixty-three of the acts of nineteen hundred and thirty-four,
is hereby further amended by inserting after the word
"tennis" in the ninth line the words: — or dancing at a
wedding if no charge is made for being present or for
dancing, — so as to read as follows : — Section 2. Who-
ever on the Lord's day is present at a game, sport, play or
public diversion, except a concert of sacred music, a public
entertainment 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

G. L. (Ter.
Ed.). 136, § 2,
etc., amended.

Dancing at
weddings on
the Lord's day
permitted.

Acts, 1935. — Chaps. 79, 80. 101

course, so called, or except a game of tennis or dancing at a
wedding if no charge is made for being present or for
dancing, 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 afore-
said, shall be punished 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. Approved March 14, 1935.

An Act authorizing the city of medford to use cer- Qhav 79

TAIN park land IN SAID CITY FOR GENERAL MUNICIPAL ^'

PURPOSES.

Be it enacted, etc., as follows:

The city of Medford is hereby authorized to use for
general municipal purposes the property located on Salem
street in said city, known as Medford Common, and now
used for park purposes, and thereafter said property shall
be controlled by the mayor and board of aldermen of said
city in such manner as they shall deem for the best interests
of said city. Approved March 14, 1935.

An Act relative to the application of certain provi- Qfidj) gQ

SIGNS OF GENERAL LAW WHILE THE CO-OPERATIVE
central bank is in POSSESSION OF ANY CO-OPERATIVE
BANK.

Be it enacted, etc., as follows:

Section ten of chapter seventy-three of the acts of
nineteen hundred and thirty-four is hereby amended by
adding at the end thereof the following : — During such
time as the corporation is in possession of any member
bank hereunder, the provisions of section twenty-one of
chapter one hundred and seventy of the General Laws
shall not apply to such bank. The provisions of section
fifty-two of said chapter one hundred and seventy relative
to set-off or recoupment of shares in co-operative banks
shall apply in the case of any member bank in possession
of the corporation hereunder for the purpose of liquidation.

Approved March 14, 1935.

102

Acts, 1935. — Chap. 81.

G. L. (Ter.
Ed.), 138, § 17,
etc., amended.

Number of
licenses to sell
alcoholic
beverages.

Chap. 81 An Act relative to the granting of certain seasonal
licenses, so called, for the sale of alcoholic
beverages.

Be it ejiacted, etc., as follows:

Section seventeen of chapter one hundred and thirty-
eight of the General Laws, as most recently amended by
section seven of chapter three hundred and eighty-five of
the acts of nineteen hundred and thirty-four, is hereby
further amended by striking out, in the twenty-first and
twenty-second lines, and in the twenty-fifth and twenty-
sixth lines, respectively, as appearing in section two of
chapter three hundred and seventy-six of the acts of
nineteen hundred and thirty-three, the words "October
thirty-first" and inserting in place thereof, in each instance,
the words: — ; November thirtieth, — so that the first
paragraph will read as follows : — Except as otherwise pro-
vided in this chapter, the number of licenses granted by
the local licensing authorities in any city or town under
sections twelve and fifteen shall not exceed in the aggre-
gate one for each population unit of one thousand or frac-
tion thereof; provided, that the total number of licenses
granted under section fifteen in any city or town shall not
exceed one for each population unit of five thousand or
fraction thereof; and provided, further, that the licensing
authorities in any town may grant two licenses under
section twelve of classes limited in number hereunder
and also two licenses under section fifteen, irrespective of
population, and provided, further, that, in the city of
Boston licenses under section twelve may be granted up
to a total not exceeding one thousand and licenses under
section fifteen up to a total not exceeding three hundred
and fifty, and provided, further, that in any city or town
which has an increased resident population during the
summer months, the local licensing authorities may make
an estimate prior to April first in any year of such tempo-
rary resident population as of July tenth following, and one
additional license, under section twelve to be effective
from April first to November thirtieth, only, may be
granted for each unit of one thousand, or additional frac-
tion thereof, of such population as so estimated, and one
additional license under section fifteen to be effective from
April first to November thirtieth, only, may be granted
for each population unit of five thousand or additional
fraction thereof, of such population as so estimated; and
provided, further, that said authorities may grant in
addition seasonal licenses under section twelve to duly
incorporated clubs in any city or town if deemed by them
to be in the public interest. Any hcense issued under
section twelve or fifteen for the sale of wines or malt
beverages only or both shall not be included in the number
of licenses that may be granted in any city or town as
provided in this section. Approved March 14, 1935.

Seasonal
licenses.

Acts, 1935. — Chaps. 82, 83.

103

An Act extending the duration of the co-operative (JJidrf X2

CENTRAL BANK. ^'

Be it enacted, etc., as follows:

Section one of chapter forty-five of the acts of nineteen
hundred and thirty-two is hereby amended by striking
out, in the fifth Hne, the word "five" and inserting in
place thereof the word : — ten, — so that the first para-
graph will read as follows: — All the co-operative banks
now estabhshed under the laws of the commonwealth and
subject to the provisions of chapter one hundred and
seventy of the General Laws, hereinafter referred to as
member banks, are hereby constituted a corporation for
the term of ten years, under the name of The Co-operative
Central Bank, hereinafter referred to as the central bank,
and every co-operative bank hereafter so established dur-
ing said term shall thereupon become a member bank
thereof. It shall be the purpose of the central bank to
promote the elasticity and flexibility of the resources of the
co-operative banks of the commonwealth by central-
izing their reserve funds. Approved March 14, 1935.

An Act making certificates of fitness co-terminous (J}iq/d 83

WITH druggists' LICENSES AND DRUG STORE PERMITS.

Be it enacted, etc., as follows:

Section 1. Section thirty of chapter one hundred and g.l. (Ter.
thirty-eight of the General Laws, as appearing in sec- ftc'^'amfAdld^'
tion two of chapter three hundred and seventy-six of the
acts of nineteen hundred and thirty-three, is hereby
amended by striking out, in the fifth and sixth lines, the
words "not be valid after one year from its date" and in-
serting in place thereof the following : — expire on the
thirty-first day of December of the year for which or part
of which the same was issued, — so as to read as follows: —
Section SO. The board of registration in pharmacy may, certificate of
upon the payment of a fee of not more than five dollars fitness, issuance
by a registered pharmacist who desires to exercise the
authority conferred by section twenty-nine, issue to him a
certificate of fitness, which shall expire on the thirty-
first day of December of the year for which or part of which
the same was issued, stating that in the judgment of said
board he is a proper person to be intrusted with such
authority and that the public good will be promoted by the
granting thereof. The board and the local licensing
authorities may, after giving a hearing to the parties
interested, revoke or suspend such certificate for any cause
which they may deem proper, and such revocation or sus-
pension shall revoke or suspend all authority conferred by
section twenty-nine.

Section 2. The terms of all certificates of fitness Certain
granted under said section thirty of said chapter one hun- t"conuw

in effect.

104 Acts, 1935. — Chap. 84.

dred and thirty-eight during the month of December,
nineteen hundred and thirty-four, shall continue in force
until December thirty-first of nineteen hundred and
thirty-five. Approved March 14, 1935.

Chap. 84 An Act authorizing the first baptist church of Law-
rence, MASSACHUSETTS, TO MERGE IN AND UNITE WITH
THE FIRST-CALVARY BAPTIST CHURCH OF LAWRENCE,
MASSACHUSETTS.

Be it enacted, etc., as follows:

Section 1. The First Baptist Church of Lawrence,
Massachusetts, a Massachusetts corporation organized
under general law, is hereby authorized to merge in and
unite with the First-Calvary Baptist Church of Lawrence,
Massachusetts, a corporation established under the name
of Calvary Baptist Church of Lawrence, Massachusetts,
under chapter two hundred and twenty-five of the acts of
nineteen hundred and twenty-two, and whose name was
changed under general law to its present one December
fourteenth, nineteen hundred and thirty-four.

Section 2. The corporation resulting from said merger
and union shall in all respects be a continuance of, and the
lawful successor to, the corporations hereby merged and
united, and all bequests, devises, conveyances and gifts
hereafter or heretofore made to either of said corporations,
however described, and all powers and privileges thereof,
shall vest in said First-Calvary Baptist Church of Law-
rence, Massachusetts, and all trusts now or hereafter vested
in either of said corporations and all powers relating thereto
shall have full force and effect in said First-Calvary Baptist
Church of Lawrence, Massachusetts.

Section 3. Said First-Calvary Baptist Church of
Lawrence, Massachusetts shall have and enjoy all fran-
chise powers, privileges, property, and rights of every kind,
now belonging to said First Baptist Church of Lawrence,
Massachusetts, subject to the uses and trusts upon which
the same are now held, and shall assume and be subject
to all their duties and liabihties.

Section 4. Upon said merger and union, the treasurer
of the said First Baptist Church of Lawrence, Massachu-
setts is hereby authorized to execute and deliver all papers
and documents that may be deemed necessary and proper
for effecting the transfer of its property of every kind to the
said First-Calvary Baptist Church of Lawrence, Massa-
chusetts.

Section 5. The proceedings and votes of the said
First Baptist Church of Lawrence, Massachusetts and the
First-Calvary Baptist Church of Lawrence, Massachusetts
prior and subsequent to its change of name relating to the
merger of said churches, and acts and doings thereunder,
are hereby ratified and confirmed, any informalities, errors
or omissions to the contrary notwithstanding.

Acts, 1935. — Chap. 85. 105

Section 6. Upon the acceptance of this act by a
majority vote of the members of each of said corporations
present and voting at meetings duly called for the purpose,
certified copies of the respective votes of acceptance,
sworn to by the respective clerks or recording officers of
said corporations, shall be filed for record in the registry
of deeds for the northern district of the county of Essex,
and upon such filing, said union and merger shall be com-
plete, and thereupon the persons who are then members of
said First Baptist Church of Lawrence, Massachusetts
shall be and become members of said First-Calvary Baptist
Church of Lawrence, Massachusetts.

Section 7. This act shall take effect upon its passage.

Approved March 19, 1935.

An Act providing for certain payments by the city of QjiQ/n^ 85

BOSTON TO certain PERSONS NOW OR FORMERLY EM-
PLOYED AS TEACHERS IN THE PUBLIC SCHOOLS OF SAID
CITY.

Be it enacted, etc., as follows:

Section 1, The city of Boston is hereby authorized
and directed to pay, from the appropriation of the school
committee of said city for general school purposes, on or
prior to June first, nineteen hundred and thirty-five, to the
following named persons, who were employed April twenty-
first, nineteen hundred and thirty-three, as teachers in
the public schools of Boston the following sums of money,
in addition to such sums as such persons may otherwise
be entitled to have paid them as teachers, namely: —

(a) To Margaret J. Griffith, employed as a teacher at
the Girls' Latin School, five hundred and ninety-four
dollars and sixty-one cents.

(6) To Gertrude E. Rockwood, employed as a teacher
at the Brighton High School, three hundred and fifty-
seven dollars and eleven cents.

(c) To Anna L. O'Brien, employed as a teacher at the
Brighton High School, three hundred and two dollars and
thirty-seven cents.

(d) To Anna M. Coveney, employed as a teacher at the
Brighton High School, four hundred and forty-one dollars
and eighty cents.

(e) To William F. Walsh, employed as a teacher at the
High School of Commerce, six hundred and eighty-one
dollars and seventy cents.

(/) To Mary F. O'Connell, employed as a teacher at
the Bigelow School, two hundred and eighty-eight dollars
and thirty-nine cents,

(g) To Mabel L. Josselyn, employed as a teacher at the
Emerson School, one hundred and ninety-eight dollars and
seventy-one cents.

{h) To Maud J. Bray, employed as a teacher at the

106

Acts, 1935. — Chap. 86.

Theodore Roosevelt School, two hundred and twenty-
nine dollars and eighty-seven cents.

(i) To Louisa W. Burgess, a retired teacher, ninety-
four dollars and twenty-nine cents.

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

Approved March 19, 1935.

Chap. 86 An Act relative to the mortgaging of certain classes

OF PERSONAL PROPERTY.

Emergency
preamble.

G. L. (Ter.
Ed.), 255, new
sections 7A to
7E, added.

Mortgages on
crops, etc.

Mortgaged
property may
be consumed
for certain
purposes.

Application of
proceeds of sale
of mortgaged
property.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and fifty-five of the
General Laws is hereby amended by inserting after sec-
tion seven, as appearing in the Tercentenary Edition, the
five following new sections: — Section 7 A. Any person
engaged in the business of oyster growing, farming, tillage
of the soil, crop production, or the raising, breeding, fat-
tening or marketing of livestock, may mortgage personal
property of any kind, including oysters growing or to be
planted in leased, licensed or owned beds, annual and
perennial crops of every description, including fruits, berries,
emblements, nursery stock and industrial growing crops,
whether any of such crops are grown or growing, or are to
be planted within one year from the execution of such
mortgage.

Section 7B. No mortgage made under section seven
A shall be invalid, nor shall the extent of the lien thereof
be affected, because of any provision that the mortgagor
may use and consume mortgaged food stuffs in preserv-
ing and preparing for market any livestock covered there-
by. If so provided in the mortgage, property of the
same class as is described in the mortgage which is ac-
quired by the mortgagor subsequent to the execution
of the mortgage and prior to its cancellation, and addi-
tional amounts of money that may be advanced by the
mortgagee to the mortgagor within a period of one year
from the date of the execution of the mortgage, not exceed-
ing, in the aggregate, the amount of money stated in the
mortgage, shall be covered and secured by such mortgage
to the same extent as the property originally described in,
and the amount of money originally advanced under, the
mortgage.

Section 7C. Any such mortgage may provide that the
mortgagor, with the permission of the mortgagee, may sell
or exchange any of the mortgaged property under the
conditions stated in the mortgage if the proceeds of such
sale or exchange are (1) apphed upon the mortgage debt,
or (2) used for the purchase of property to be included in

Acts, 1935. — Chap. 86.

107

the mortgage lien, or (3) used for the purpose of paying the
expense of cultivating, harvesting, preparing for market,
processing, marketing, and /or otherwise preserving or
rendering marketable or salable the remaining property-
covered by the mortgage; and no such provision shall in
any way render invalid or affect the lien of the mortgage
or its preference or priority. Any such sale or exchange
may be made in accordance with the provisions of the
mortgage without notice to or consent of any person claim-
ing right in or to the mortgaged property, but no right of
any prior lienor shall be affected thereby.

Section 7D. No assignment of, or agreement affecting. Assignments,
the rights or interest of a landlord or owner of real property, *"'"" "" '''''' ° "
occupied by a tenant or person planting on shares, in crops
growing or to be grown on such real property, or agree-
ment for the subordination of a prior lien or encumbrance
on real or personal property, shall be valid except as be-
tween the parties thereto unless and until recorded or
registered as hereinafter provided. Each such instrument
affecting real property shall be recorded or registered in
the registry of deeds for each district in which any portion
of such real property is situated, and each such instrument
relative to the subordination of a prior lien or encumbrance
upon personal property shall be recorded in each office
where the instrument subordinated is recorded. A refer-
ence to the record of any deed or other instrument affected
or subordinated contained in any instrument recorded or
registered under authority of this section shall be noted
upon the margin of each record of such deed or other
instrument.

Section 7E. If any clause, sentence, paragraph or part constitutionai-
of sections seven A to seven D, inclusive, shall for any p^ov/sfonrnot
reason be adjudged invalid, such judgment shall not affect, affected, when.
impair or invalidate the remainder of said sections, but
shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the contro-
versy in which such judgment is rendered. Said sections
shall be Uberally construed to effectuate the purposes
thereof.

Section 2. Section three of said chapter two hundred q. l. (Ter.
and fifty-five, as so appearing, is hereby amended by Jf^ended." ^ ^'
adding at the end thereof the following: — , but the maxi-
mum fee for recording mortgages given under sections
seven A shall be one dollar, — so as to read as follows :
— Section 3. Town clerks shall, upon payment of their fees, '^^''^^^^]^^l^''
record in books kept for the purpose mortgages of personal gages, etc.
property, bills of sale given for security and assignments
of future earnings delivered to them, noting in such books
and on each such instrument the time when it is received;
and it shall be held to be recorded at the time when it is
left for that purpose in the clerk's office. The fees for Fee.
recording and for all other services relative thereto shall be
the same as are allowed to registers of deeds, for like services,

108

Acts, 1935. — Chaps. 87, 88.

but the maximum fee for recording mortgages given under
section seven A shall be one dollar.

Approved March 19, 1935.

Chap. 87 An Act relative to the appointment of gypsy moth

SUPERINTENDENTS IN TOWNS.

Be it enacted, etc., as follows:

G.L. (Ter.

Local gypsy
moth super-
intendents,
appointment,
power and
duties.

Chapter one hundred and thirty-two of the General Laws
^meAded.' ^ ^^' is hereby amended by striking out section thirteen, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 13. The mayor in
cities and the selectmen in towns shall annually appoint a
local superintendent for the suppression of gypsy and brown
tail moths. In cities such appointment shall be made
in January, and, in towns, within ten days after the
organization of the board of selectmen. Said superin-
tendents shall, under the advice and general direction of
the forester, destroy the eggs, caterpillars, pupse and nests
of the gypsy and brown tail moths within their respective
jurisdictions, except in parks and other property under the
control of the commonwealth, and except in private prop-
erty, save as otherwise provided herein. The appointment
of a local superintendent shall not take effect unless ap-
proved by the forester; and when so approved notice of
the appointment shall be given by the mayor or the select-
men to the person so appointed.

Approved March 19, 1935.

Chap. 88 An Act requiring dealers in milk to obtain permits

FROM LOCAL BOARDS OF HEALTH.

Be it enacted, etc., as follows. •

Section forty-three of chapter ninety-four of the General
Laws, as amended by section four of chapter three hundred
and five of the acts of nineteen hundred and thirty-two,
is hereby further amended by inserting after the word
"of" in the second line the following: — or dealer in, —
and by inserting after the word "produced" in the twenty-
seventh hne the words: — or dealt in, — so as to read as
follows : — Section 1^3. No producer of or dealer in milk
shall sell or dehver for sale in any town any milk produced
or dealt in by him without first obtaining from the board of
health of such town a permit authorizing such sale or de-
livery. Said board of health may issue such permit after
an inspection of the milk, and of the place where and the
circumstances under which it is produced and handled,
has been made by it or its authorized agent, but no producer
shall be entitled to such a permit unless, as to the dairy
farm producing such milk, a certificate of registration has
been issued by the director under section sixteen C and is
in full force and effect; provided, that no such certificate
shall be required for the production or sale of cream com-

G. L. (Ter.
Ed.), 94, § 43,
etc., amended.

Permits for
sale of milk,
etc.

Acts, 1935. — Chap. 89.

109

plying with the proper legal standard for cream established
by section twelve or milk produced elsewhere than at a
dairy farm, as defined in section sixteen.

Any permit so granted may contain such reasonable
conditions as said board deems suitable for protecting
the public health, and may be revoked for failure to comply
with any of such conditions. After a permit has been
revoked, it may be reissued in the same manner in which
the original permit was issued. The board revoking or
reissuing said permit shall immediately send notice thereof
to the department of public health, which may enforce
this provision. The department shall at once inform the
board of health of any other town where, in its judgment,
milk produced or dealt in by the person to whom the permit
relates would be likely to be sold or delivered for sale, and
it shall also give notice of such revocation or reissue to any
dealer in milk who in its judgment would be likely to pur-
chase milk from such person; and after receipt of notice
of revocation no dealer so notified shall sell or offer for sale
such milk. If the board of health of any town refuses to issue
a permit under this section or a permit previously issued is
revoked by it, an appeal may be taken to the said depart-
ment, whose decision shall be final. Violation of any
provision of this section shall be punished by a fine of not
more than one hundred dollars.

Approved March 19, 1936.

An Act providing for a fifth assistant clerk of courts QJku) gg

FOR THE county OF ESSEX. ^'

Be it enacted, etc., as follows:

Section 1. Section four of chapter two hundred and g. l. (Ter.
twenty-one of the General Laws, as appearing in the Ter- Amended!' ^ ^'
centenary Edition, is hereby amended by striking out, in
the seventh line, the word "and" and inserting in place
thereof a comma, — ^ and by inserting after the word
"assistant" in the eighth line the words: — and a fifth
assistant, — so as to read as follows: — -Section 4- The Assistant clerks
justices of the supreme judicial court shall appoint for a °^''°"''*^-.
term of three years from the date of their appointment, fJr Essex **^°*
and may remove, assistant clerks of courts, as follows : county.

For the county of —

Barnstable, an assistant;

Bristol, an assistant;

Essex, an assistant, a second assistant, a third assistant,
a fourth assistant and a fifth assistant;

Hampden, an assistant, a second assistant and, subject
to the approval of the county commissioners, a third as-
sistant;

Middlesex, an assistant, a second assistant, a third
assistant and a fourth assistant ;

Norfolk, an assistant;

Plymouth, an assistant;

110

Acts, 1935. — Chap. 90.

Acceptance
of act.

Suffolk, an assistant of the supreme judicial court ;

Worcester, an assistant, a second assistant, a third
assistant and a fourth assistant.

Assistant clerks of courts except in Suffolk county shall
act as assistant clerks of the supreme judicial court, the
superior court and the county commissioners.

Section 2. This act shall take effect upon its accep-
tance, prior to December thirty-first in the current year,
by the county commissioners of the county of Essex.

Approved March 19, 1935.

Chap. 90 An Act relative to temporary emergency unem-
ployment FUNDS in towns.

EmerKency
preamble.

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:

During the calendar years nineteen hundred and thirty-
five and nineteen hundred and thirty-six any town may by
two thirds vote appropriate money to be set apart and
administered as a general unemployment relief fund, for
expenditure by or under the direction of the boards and
officers in charge of town departments, subject to the
approval of a board of administration consisting of such
town officers ex officiis as the town shall by its vote deter-
mine, for the construction, improvement, or repair of pub-
lic ways, public parks, sewerage and water supply systems,
municipal buildings and other municipal works or under-
takings, whereby employment may be afforded citizens
of the town who shall be determined, in such manner as
the town shall by its vote prescribe, to be in need thereof,
or for the purchase or hire of materials, supplies and
equipment and the employment of labor for the further-
ance of, or as the contribution of the town to, any federal
unemployment rehef project undertaken or to be under-
taken within the town.

In any town which has established a reserve fund under
the provisions of section six of chapter forty of the General
Laws, the finance or appropriation committee, if the town
has such a committee, or, if it has not such a committee,
the selectmen may make transfers therefrom to an appro-
priation made for the aforesaid purpose if the unexpended
balance thereof, with other available funds, is insufficient
therefor. Approved Maixh 21, 1935.

Acts, 1935. — Chaps. 91, 92, 93. Ill

An Act authorizing the town of essex to borrow Qjidj) 91

MONEY FOR HIGH SCHOOL AND TOWN HALL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of purchasing and instal-
hng a new heating plant in the high school building and
of making certain alterations in the town hall, the town of
Essex may borrow from time to time, within a period of
five years from the passage of this act, such sums as may be
necessary, not exceeding, in the aggregate, fifteen thou-
sand dollars, and may issue bonds or notes therefor, which
shall bear on their face the words, Essex High School and
Town Hall Loan, Act of 1935. Each authorized issue shall
constitute a separate loan, and such loans shall be paid in
not more than ten years from their dates, but no issue shall
be authorized under this act unless a sum equal to an
amount not less than ten per cent of such authorized issue
is voted for the same purpose to be raised by the tax levy
of the year when authorized. Indebtedness incurred
under this act shall be v/ithin the statutory limit, and
shall, except as provided herein, be subject to chapter
forty-four of the General Laws, as appearing in the Ter-
centenary Edition, exclusive of the limitation contained
in the first paragraph of section seven thereof.

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

Approved March 21 , 1935.

An Act authorizing the town of lunenburg to expend Chav. 92
certain funds for the purchase of apparatus

AND other equipment FOR ITS FIRE AND HIGHWAY
DEPARTMENTS.

Be it enacted, etc., asfolloivs:

Section 1. Notwithstanding the provisions of section
sixty-three of chapter forty-four of the General Laws, the
town of Lunenburg may expend, for the purchase of
apparatus and other equipment for its fire and highway
departments, certain moneys, amounting, in the aggregate,
to approximately seventy-five hundred dollars, which it
received from the sale of certain parcels of real estate,
one of which it had acquired by foreclosure of a tax title
and the remainder of which had formerly been used by it
for certain municipal purposes.

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

Approved March 21, 1935.

An Act providing for extensions of the boundaries Chav 93

OF THE west GROTON WATER SUPPLY DISTRICT.

Be it enacted, etc., as follows:

Section L Chapter six hundred and forty-one of
the acts of nineteen hundred and eleven, as affected by
chapter two hundred and sixty of the acts of nineteen

112 Acts, 1935. —Chap. 94.

hundred and twenty-seven, is hereby amended by adding
at the end thereof the following new section : — Section
14' Upon a petition in writing addressed to said com-
missioners requesting that certain real estate, accurately
described therein, located in said town and abutting on
said district be included within the limits thereof, and
signed by the owners of such real estate, or a major portion
thereof, said commissioners shall cause a duly warned
meeting of the district to be called, at which meeting the
voters may vote on the question of including said real
estate within the district. If a majority of the voters
present and voting thereon vote in the affirmative the district
clerk shall within ten days file with the town clerk of said
town and with the state secretary an attested copy of said
petition and vote; and thereupon said real estate shall
become and be a part of the district and shall be holden
under this act in the same manner and to the same extent
as the real estate described in section one.

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

Approved March 21, 1936.

Chap. 94 An Act authorizing the town of Norwood to sell and

CONVEY CERTAIN PARK LAND OWNED BY IT.

Be it enacted, etc., as follows:

Section 1. The town of Norwood may sell and con-
vey the whole or any part of each of the parcels of land
hereinafter described, held for park purposes and no longer
needed for public use, to the person owning the land border-
ing on said parcel.

The parcels hereinbefore referred to are three certain
parcels of land situated in said town, shown on a plan
entitled "Plan of Land in Norwood Massachusetts Scale

1 in. =20 ft. A. W. Thompson Town Engineer Dec. 28,
1934", which are bounded and described as follows: —

Parcel 1. Southwesterly by Bond street, eighty-three
and forty-six one hundredths feet; northwesterly by land
of the town of Norwood, thirty-eight and twenty-five one
hundredths feet; northeasterly by land of Sarah W.
Williamson, seventy-nine feet; and southeasterly by Parcel

2 hereinafter described, eleven and fifty one hundredths
feet. Containing one thousand eight hundred and forty
square feet.

Parcel 2. Southwesterly by said Bond street, eighty-
eight and sixty-six one hundredths feet; northwesterly by
Parcel 1 hereinbefore described and by said land of Sarah
W. Williamson, thirty-three feet; northeasterly by land
of Hugo B. C. Riemer, eighty and eighty-five one hun-
dredths feet; and southeasterly by Parcel 3 hereinafter
described, seven and twenty-four one hundredths feet.
Containing one thousand seven hundred and ninety-two
square feet.

Acts, 1935. — Chaps. 95, 96, 97.

113

Parcel 3. Southwesterly by said Bond street, one
hundred and seventeen and fifty-eight one hundredths
feet; northwesterly by Parcel 2 hereinbefore described,
seven and twenty-four one hundreths feet; and north-
easterly by land of Plenry M. Field and Florence M. Field,
one hundred and thirteen feet, more or less. Containing
four hundred and seventy-two square feet.

Section 2. Action hereunder may be taken by the
town at a town meeting held in the current year, but not
thereafter, except so far as is necessary to carry out the
provisions of any vote passed at said meeting.

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

Approved March 21, 1935.

Chap. 95

An Act further regulating the sale of fuel oils.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby g. l. (Ter.
amended by inserting after section three hundred and ^ctionsbsFy
three E, inserted therein by section three of chapter three added,
hundred and seventy-two of the acts of nineteen hundred
and thirty-four, under the heading "fuel oils", the
following new section : — Section S03F. Whoever sells Certificate of
fuel oil in quantities of ten gallons or over for heating or fueTofuo°be
cooking purposes shall cause a certificate or memorandum delivered,
to be issued and delivered to the purchaser or his agent at
the time of delivery of such oil. Such certificate or memo-
randum shall include the names and addresses of the seller
and of the purchaser, and a statement of the quantity of
oil delivered, in terms of gallons and fractions thereof, if
any. Whoever violates any provision of this section Penalty,
shall be punished by a fine of not more than fifty dollars.

Approved March 21, 1935.

An Act providing for an annual proclamation by the QJiap, 96

governor relative to AMERICAN EDUCATION WEEK.

Be it enacted, etc., as follows:

Chapter six of the General Laws is hereby amended by g. l. (Ter.

inserting after section twelve F, inserted by chapter twenty- ^^tiorf 120.'^

three of the acts of nineteen hundred and thirty-five, the added.

following new section: — Section 12G. The governor shall American Edu-

annually issue a proclamation caUing for proper observance obsi°rv£^clof.
of American Education Week as a period for special attention
to the work of our schools. Approved March 21, 1935.

An Act requiring meats and poultry to be sold by net Qfiav. 97

WEIGHT.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws, as appearing g. l. (Ter.

in the Tercentenary Edition thereof, is hereby amended by ^ctiin*92Br

inserting after section ninety-two A under the heading added.

114

Acts, 1935. — Chaps. 98, 99.

MeatB and
poultry, sale of,
by weight.

"meats and poultry", the following new section: —
Section 92B. All meats and poultry shall be sold at retail
only by weight and, except when sold in package form
bearing a plain and conspicuous statement of quantity of
contents as provided in section one hundred and eighty-
one, such weight shall be determined at the time of sale.
Whoever himself or by his servant or agent violates any
provision of this section shall be punished by a fine of ten
dollars. Approved March 21, 1935.

Chap. 98 An Act authorizing the use of certain traps for the

PURPOSE OF CATCHING FISH BAIT IN THE INLAND WATERS
OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-one of the General
Laws is hereby amended by inserting after section seventy-
three, as appearing in the Tercentenary Edition, the fol-
lowing new section: — Section 73 A. Fish traps with
openings not over one inch in diameter may be used for the
purpose of catching bait in any of the inland waters of the
commonwealth; provided, that, if upon inspection of
any such trap any fish the taking of which for bait is not
authorized by section seventy-one are found in such trap
they shall forthwith be returned alive to the waters whence
they were taken. Whoever violates any provision of this
section shall be punished by a fine of not less than ten nor
more than twenty-five dollars.

Approved March 21, 1935.

G. L. (Ter.
Ed.), 131, new
section 73A,
added.

Fish traps, use
of, regulated.

Chap. 99 An Act relative to the dates as of which amounts

TO BE PAID OR REPAID ON ACCOUNT OF DEFICITS IN THE
COSTS OF OPERATION OF THE BOSTON ELEVATED RAILWAY
COMPANY SHALL BE DETERMINED.

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter one hundred and
fifty-nine of the Special Acts of nineteen hundred and
eighteen, as amended by chapter two hundred and forty-
four of the Special Acts of nineteen hundred and nineteen,
is hereby further amended by inserting after the word
"thereafter" in the second and third and in the thirteenth
lines the words: — to and including the last day of June
in the year nineteen hundred and thirty-four, or as of the
last day of March in any year after the year nineteen hun-
dred and thirty-four, — so as to read as follows: — Sec-
tion 11. If, as of the last day of June in the year nineteen
hundred and nineteen, or the last day of any June there-
after to and including the last day of June in the year
nineteen hundred and thirty-four, or as of the last day of
March in any year after the year nineteen hundred and
thirty-four, the amount remaining in the reserve fund shall
be insuflScient to meet the deficiency mentioned in section

Acts, 1935. — Chap. 100. 115

nine, it shall be the duty of the trustees to notify the
treasurer and receiver general of the commonwealth of the
amount of such deficiency, less the amount, if any, in the
reserve fund applicable thereto, and the commonwealth
shall thereupon pay over to the company the amount so
ascertained. Pending such payment it shall be the duty
of the trustees to borrow such amount of money as may be
necessary to enable them to make all payments, including
dividend payments, as they become due. If, as of the
last day of any June thereafter to and including the last
day of June in the year nineteen hundred and thirty-four,
or as of the last day of March in any year after the year
nineteen hundred and thirty-four, during the period of
public operation, the reserve fund shall exceed the amount
originally established, the trustees shall apply the excess,
so far as necessary, to reimbursing the commonwealth for
any amounts which it may have paid to the company under
the provisions hereof, and the commonwealth shall there-
upon distribute the amount so received among the cities
and towns in which the company operates, in proportion
to the amounts which they have respectively been assessed
as provided in section fourteen.

In order to meet any payment required of the com-
monwealth under the provisions of this section the treasurer
and receiver general may borrow at any time, in anticipa-
tion of the assessments to be levied upon the cities and
towns, such sums of money as may be necessary to make
said payments, and he shall repay any sums so borrowed
as soon after said assessments are paid as is expedient.

Section 2. This act shall take effect upon its accept-
ance by the Boston Elevated Railway Company by vote of
its board of directors and upon the filing of a certificate of
such acceptance with the state secretary, provided such
acceptance and filing occur before April thirtieth of the
current year. Approved March 21, 1935.

An Act providing for modification of the terms and QJidj) JQO

CONDITIONS UNDER WHICH THE BOSTON ELEVATED RAIL-
WAY COMPANY IS USING CERTAIN ALTERATIONS IN AND
EXTENSIONS TO THE BOYLSTON STREET SUBWAY AND
MAKING CERTAIN CHANGES RELATIVE TO PAYMENTS IN
CONNECTION WITH SUCH USE.

Be it enacted, etc., as follows:

Section 1. Section two of chapter three hundred and
forty-one of the acts of nineteen hundred and twenty-five,
as amended by section one of chapter three hundred and
ninety-four of the acts of nineteen hundred and thirty, is
hereby further amended by striking out all after the word
"aforesaid" in the eighty-second line down to and including
the word "levy" in the one hundred and eleventh line and
inserting in place thereof the following: — The rental
shall be payable annually on the twenty-fifth day of July

116 Acts, 1935. — Chap. 100.

in each year to and including the year nineteen hundred and
thirty-four and on the twenty-fifth day of April in each
year thereafter. Any alteration or extension made under
this act shall be deemed a part of the Boylston Street sub-
way. Such contract for use shall provide that the com-
pany shall pay to the city of Boston for each full year
ending with the last day of June to and including the last
day of June, nineteen hundred and thirty-four, and ratably
for the nine months period commencing on July first, nine-
teen hundred and thirty-four and ending with the last day
of March, nineteen hundred and thirty-five, and for each
full year ending with the last day of March thereafter,
and ratably for any portion of a year, an annual rental,
which shall be sufficient to provide an amount equal to one
half of one per cent of the net cost of such alterations and
extensions in addition to the annual amount of interest on
the subway bonds issued to pay for said net cost, but not
less than four and one half per cent of said net cost in any
event; provided, however, that said annual rental shall be
payable by the company in any year only if and to the
extent that the reserve fund provided for by section five of
chapter one hundred and fifty-nine of the Special Acts of
nineteen hundred and eighteen exceeds on the last day of
June in any year to and including the year nineteen hun-
dred and thirty-four or on the last day of March in any
year thereafter, the amount originally estabhshed, such
excess to be determined and obligation to pay such rental
to accrue in priority to any reimbursement of the common-
wealth under sections eleven and thirteen of said chapter
one hundred and fifty-nine. If by virtue of the foregoing
proviso the company does not make the full rental pay-
ments as above provided, the commonwealth shall, during
the term of said contract and until the subway bonds
issued by the city of Boston under this section shall have
been paid, or a sinking fund accumulated sufficient to pay
the same at maturity, pay to the city of Boston on or before
August first in each year to and including the year nine-
teen hundred and thirty-four and on or before May first
in each year thereafter, one half of any amounts so unpaid,
and the city of Boston shall place the other half in its next
ensuing tax levy.

Section 2. Said chapter three hundred and forty-one
is hereby further amended by striking out section three,
as amended by section two of said chapter three hundred
and ninety-four, and inserting in place thereof the follow-
ing:— Section 3. If, as of the last day of June in any
year to and including the year nineteen hundred and thirty-
four or as of the last day of March in any year thereafter
during the period of public operation of the company under
the provisions of said chapter one hundred and fifty-nine,
the reserve fund provided for in said chapter shall, after
deducting the amount of the rental herein provided for,
exceed the amount originally estabhshed, the trustees of

Acts, 1935. — Chap. 100. 117

the Boston Elevated Railway Company shall apply the
excess, so far as necessary, to reimburse the commonwealth
for all amounts paid by the commonwealth to the city of
Boston under the provisions of section two of this act,
and in priority to any reimbursement of the common-
wealth under sections eleven and thirteen of said chapter
one hundred and fifty-nine.

Section 3. Said chapter three hundred and forty-one
is hereby further amended by striking out section five,
inserted by section three of said chapter three hundred and
ninety-four, and inserting in place thereof the following : —
Section 5. Upon and after such termination of public
operation, the company shall, on or before the thirtieth
day of April in each year, report to the state treasurer the
amount, if any, by which said reserve fund on the preced-
ing thirty-first day of March, after deducting the amount
of the rental herein provided for, exceeded the amount
originally estabhshed, and the company shall thereupon
pay over such excess in so far as necessary to reimburse
the commonwealth for all amounts paid after such termina-
tion of public operation, by the commonwealth to the city
of Boston under the provisions of section two of this act.
If the state treasurer or the attorney general is not satis-
fied as to the correctness of said report, either may, at any
time within sixty days after its receipt, petition the depart-
ment of public utilities for a determination of such excess
and said department shall determine the same. If the
amount of such excess, so determined, is greater than the
amount originally reported, the balance shall be paid by
the company to the commonwealth within twenty days
from the date of such determination.

Section 4. The acceptance of this act by the company
and the city as hereinafter provided, shall constitute an
agreement on the part of the city and the company to
execute a contract modifying in accordance with the provi-
sions of this act, the existing contract between the city
and the company for the use of the alterations and exten-
sions of the Boylston Street subway made pursuant to the
provisions of said chapter three hundred and forty-one as
amended by said chapter three hundred and ninety-four.

Section 5. This act shall take effect upon its accept-
ance both by vote of the city council of the city of Boston,
approved by the mayor, and by the Boston Elevated
Railway Company by vote of its board of directors, and
upon filing of certificates of such acceptances with the state
secretary; provided that such acceptances, approval and
fifing occur before April thirtieth of the current year.

Approved March 21, 1935.

118

Acts, 1935. — Chaps. 101, 102.

Chap. 101 A.N Act relative to the number of guards on pas-
senger TRAINS OPERATED BY STREET RAILWAY COM-
PANIES.

Be it enacted, etc., as follows:

Chapter one hundred and sixty-one of the General Laws,
as appearing in the Tercentenary Edition, is hereby
amended by inserting after section ninety-one the fol-
lowing new section: — Section 91 A. Every company shall,
during the operation by it of any passenger train consist-
ing of more than one car, cause to be stationed thereon
one guard, or employee having similar duties, for every two
cars of such train. For each violation of this section, the
offending company shall forfeit the sum of five hundred
dollars to the commonwealth.

Approved March 21, 1935.

G. L. (Ter.
Ed.), 161, new
section 91 A,
added.

Guards on
street railway
trains.

Chap. 102 An Act making certain amusement licenses of inn-

HOLDERS AND COMMON VICTUALLERS CO-TERMINOUS
WITH LICENSES GRANTED FOR THE SALE OF ALCOHOLIC
BEVERAGES.

EmerEency
preamble.

G. L. (Ter.
Ed.), 140,
§ 183.\,
amended.

Licensing of
innholders, etc.,
conducting cer-
tain amuse-
ments in con-
nection with
their business,
regulated.

Be it enacted, etc., as follows:

Section 1. Section one hundred and eighty-three A
of chapter one hundred and forty of the General Laws,
as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the eighteenth line, the words
"April thirtieth" and inserting in place thereof the words: —
December thirty-first, — so as to read as follows: — Sec-
tion 188 A. No innholder, common victualler or person
owning, managing or controlling a cafe, restaurant or other
eating or drinking establishment shall, as a part of his
usual business, offer to view, set up, set on foot, maintain
or carry on a concert, dance, exhibition, cabaret or public
show of any description at which food or drink or other
refreshment is sold for cash, or in connection with which,
after free admission, music or other amusement is provided
or furnished upon payment or deposit of money, cither as
a cover charge or in payment for food, drink or other
refreshment, unless and until a license therefor, to be
exercised on week days only, has been issued by the licens-
ing authorities, who may upon written application and
upon such terms and conditions as they may prescribe,
grant such a license for any or all of the purposes herein-
before described and may, after written notice' to the
licensee, suspend or, after hearing revoke the same. Licenses
granted under this section shall specify the street and

Acts, 1935. — Chap. 103. 119

number where the Ucensed business is to be carried on or
give some particular description thereof, and shall not
protect a licensee who carries on his business in another
place. Such licenses, unless sooner revoked, shall expire
on December thirty-first of each year. The fee for any
such license or for any renewal thereof shall not exceed
five dollars, but no fee shall be chargeable for any such
license, or for the approval of the commissioner of public
safety under section one hundred and eighty-three B, to a
person who, for the period covered by such license, is also
licensed under section two.

Section 2. The terms of all hcenses granted under
section one hundred and eighty-three A of said chapter one
hundred and forty, and in force on the effective date of
this act, which would otherwise expire on April thirtieth
of the current year, are hereby extended to the first day of
January, nineteen hundred and thirty-six; provided, that
the holder pays to the licensing authorities a fee for said
extended period equal to two thirds of the annual fee estab-
hshed for such licenses under said section one hundred and
eighty-three A. Approved March 26, 1935.

An Act relative to the construction of particular (Jhav 103

SEWERS AND CONNECTING DRAINS IN THE TOWN OF CANTON.

Be it enacted, etc., as follows. •

Section 1. The town of Canton, acting through its
board of sewer commissioners established under authority
of chapter forty-one of the General Laws, may, upon the
written request of the owner of land in said town, con-
struct a particular sewer or connecting drain from a com-
mon sewer or main drain to a house or building on such
land. The expenses of such construction shall be paid
out of any appropriation made therefor by the town.

Section 2. The cost of constructing any particular
sewer or connecting drain hereunder shall be assessed by
said board upon the estate benefited thereby, and the
provisions of sections twenty-seven and twenty-eight of
chapter eighty-three of the General Laws shall apply in
such case to the same extent as if such construction had
been done within the limits of a public way and assessments
therefor had been authorized by said chapter. All assess-
ments heretofore made for the cost of constructing particu-
lar sewers or connecting drains, if made in accordance
with the provisions of chapter eighty of the General Laws
and if otherwise lawful, are hereby validated, and in such
case all the provisions of said chapter eighty shall apply
to such assessments.

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

Approved March 26, 1985.

120

Acts, 1935. — Chaps. 104, 105, 106.

Chap. 104 An Act permitting indoor hockey games on the lord's

DAY.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-six of the General
Laws is hereby amended by striking out section twenty-
one, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following: — Section 21. In any
city which accepts sections twenty-one to twenty-five,
inclusive, by vote of its city council and in any town which
accepts said sections by vote of its inhabitants, it shall be
lawful to take part in or witness any athletic outdoor
sport or game on the Lord's day between the hours of one
thirty and six thirty post meridian, or any indoor hockey
game on the Lord's day between the hours of one thirty
and eleven post meridian, as hereinafter provided.

Approved March 26, 1935.

G. L. (Ter.
Ed.). 136, § 21,
amended.

Indoor hockey
on the Lord's
day.

Chap. 105 An Act authorizing the trustees of mount holyoke

COLLEGE TO HOLD ADDITIONAL REAL AND PERSONAL
ESTATE.

Be it enacted, etc., as follows: —

Section one of chapter ninety of the acts of eighteen
hundred and ninety-four, as amended by section one of
chapter one hundred and two of the acts of nineteen hun-
dred and ten, by chapter one hundred and twenty-two of
the Special Acts of nineteen hundred and seventeen, and
by section one of chapter one hundred and eighty of the
acts of nineteen hundred and twenty-one, is hereby further
amended by striking out, in the third hne, the word "ten"
and inserting in place thereof the word: — fifteen, — so as
to read as follows: — Section 1. The Trustees of Mount
Holyoke College are hereby authorized to hold real and
personal estate to an amount not exceeding fifteen million
dollars. Approved March 26, 1935.

G. L. (Ter.
Ed.), 40, § 5,
etc., amended.

Chap. 106 An Act authorizing towns to insure against losses

TO MEMBERS OF POLICE AND FIRE DEPARTMENTS.

Be it enacted, etc., as follows:

Clause (1) of section five of chapter forty of the General
Laws, as amended by section three of chapter three hun-
dred and eighteen of the acts of nineteen hundred and
thirty-three, is hereby further amended by adding at the
end thereof the following: — , or to pay a proper charge for
effecting insurance providing indemnity for or protection
to any of the officers or emplo3^ees of the town named in
section one hundred of chapter forty-one against loss by
reason of any expenses or damages within the provisions
citieBand of the said section, — so as to read as follows: — (1) To
inaml TgaLst P^y a proper charge of an insurance company for acting as

Acts, 1935. — Chaps. 107, 108. 121

surety on the official bond of any town officer, or to pay a losses to mem-
proper charge for effecting insurance providing indemnity and fiL^depLt-
for or protection to any officer or employee of the town ments.
against loss by reason of his liability to pay damages to
others for bodily injuries, including death at any time
resulting therefrom, caused by the operation, within the
scope of his official duties or employment, of motor or
other vehicles owned by the town, to an amount not
exceeding five thousand dollars on account of injury to or
death of one person, or to pay a proper charge for effect-
ing insurance providing indemnity for or protection to
any of the officers or employees of the town named in sec-
tion one hundred of chapter forty-one against loss by
reason of any expenses or damages within the provisions
of the said section. Approved March 26, 1935.

An Act relative to the trapping of mammals on QJiq^ 107

SUNDAY. ^'

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 eighty-three, fmended^.' ^ ^^'
as appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 83. Sunday shall Trapping on
be close season on all wild birds and mammals, except as h^bite^d. ^'^'^
hereinafter provided. No person on Sunday shall hunt
any bird or mammal of any kind or carry on that day
upon his person a rifle or shotgun in any place where birds
or mammals might be found.

This section shall not prohibit the kilhng or attempted Exceptions.
kilUng of a bird or mammal actually damaging or likely to
damage property, subject, however, to the same conditions
and restrictions as would render such killing or attempted
killing lawful on a secular day; nor shall it render unlawful
the possession or carrying of a rifle or shotgun for such
purpose or for the purpose of using the same in a sport or
game lawfully conducted under the provisions of law
authorizing sports and games on Sunday; nor shall it
prohibit the taking of mammals by means of traps.

Approved March 26, 1935.

An Act authorizing certain loans by the city of
worcester for the purpose of constructing junior

high SCHOOL OR COMBINED SENIOR AND JUNIOR HIGH
SCHOOL BUILDINGS.

Be it enacted, etc., as follows:

Section 1. The words "high school buildings", as
used in chapter two hundred and eleven of the Special
Acts of nineteen hundred and sixteen and any amendment
thereof, shall include junior high school or combined senior
and junior high school buildings.

ChapAOS

122

Acts, 1935. — Chaps. 109, 110.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Worcester at its
municipal 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-
five, entitled 'An Act authorizing certain loans by the
City of Worcester for the purpose of constructing
junior high school or combined senior and junior high
school buildings', 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 26, 1935.

Chcpp. 109 An Act providing for the merger of two fraternal

BENEFIT SOCIETIES IN THE CITY OF LAWRENCE, TO BE
KNOWN AS THE TEANESE SOCIETY OF MUTUAL RELIEF,
UNION AND FRATERNITY OF LAWRENCE, MASSACHUSETTS,
INCORPORATED.

Be it enacted, etc., as follows:

The Teano Benefit Society, Luigi Tansillo, and the
Teanese Society of Mutual Rehef, Union and Fraternity of
Lawrence, Massachusetts, Incorporated, both domestic
fraternal benefit societies, of said Lawrence, are hereby
authorized to merge under the name of The Teanese
Society of Mutual Relief, Union and Fraternity of Law-
rence, Massachusetts, Incorporated, agreeably to the pro-
visions of General Laws, chapter one hundred and seventy-
six, section twelve, any provision of law to the contrary
notwithstanding. Approved April 1, 1935.

Chap. 110 An Act relative to the powers of aldermen of cities

AS TO THE CONTROL, REGULATION OR PROHIBITION OF THE
TAKING OF SEAWORMS.

Emergency Whercas, The deferred operation of this act would tend

preamble. to 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:
G. L. (Ter. Scction forty-eight of chapter one hundred and thirty

Itc'^'ameAded^' ®^ ^^^ General Laws, as appearing in section two of chapter
three hundred and twenty-nine of the acts of nineteen
hundred and thirty-three, is hereby amended by inserting
after the word "towns" in the eleventh fine the follow-
ing: — ; provided, that, notwithstanding the foregoing
provision, the aldermen of any city may so control, regu-

Acts, 1935. — Chap. 111.

123

late or prohibit the taking of seaworms within its limits,
in the absence of any instruction by such city relative to the
taking thereof, — so that the first paragraph will read as
follows : — E'xcept as provided in sections forty-two to Taking of
forty-six, inclusive, and except in the case of shellfish on sheilfisiT*^"
private grants licensed under section fifty-seven, or shell- regulated.
fish on areas closed for municipal cultivation under section
fifty-five, and except that the private rights of any person
shall not be impaired thereby, the aldermen or the select-
men, if so instructed by their respective cities or towns,
in addition to any action authorized by section fifty-one,
in their discretion may from time to time control, regulate
or prohibit the taking of eels and any or all kinds of shell-
fish and seaworms within such cities and towns; provided,
that, notwithstanding the foregoing provision, the alder-
men of any city may so control, regulate or prohibit the
taking of seaworms within its limits, in the absence of any
instruction by such city relative to the taking thereof.
For the purpose of such control, regulation or prohibition
the aldermen or the selectmen may, from time to time,
without other or special authority therefor, make any
regulations not contrary to law in regard to said fisheries
that they deem expedient, including the times, places,
methods, purposes, uses, sizes, quantities or any other
particulars of such taking, and may grant permits, subject
to the exceptions hereinabove mentioned and subject
also to any such regulations, then or thereafter in force,
for the taking of eels and such shellfish and seaworms
within such cities and towns. Any such instructions
hereunder shall continue in force until subsequent action
of such city or town shall alter, amend, rescind or repeal
the same. Any regulations made under any such instruc-
tion shall continue in force, as far as such instruction shall
continue to authorize the same, until the aldermen or
selectmen of said city or town shall alter, amend, rescind
or repeal the same. Approved April 1, 1935.

liocal
regulation.

An Act providing for the disposition of certain Char). Wl

PRISONERS CONFINED IN THE PRISON CAMP AND HOSPITAL
PRIOR TO ITS DISCONTINUANCE.

Be it enacted, etc., as follows. •

All prisoners removed from the state prison to the prison
camp and hospital formerly located in the town of Rutland
who, on November thirtieth, nineteen hundred and thirty-
four, had escaped therefrom, or were absent under a permit
to be at liberty, shall, for the purpose of such future disposi-
tion as may be necessary, be treated, from and after said

124

Acts, 1935. — Chaps. 112, 113, 114.

date, as having escaped, or as being absent under a permit
to be at liberty, from the state prison.

Approved April 1, 1935.

Chap. 112 An Act authorizing the ashfield burial ground

ASSOCIATION TO HOLD ADDITIONAL REAL AND PERSONAL
ESTATE.

Be it enacted, etc., as follows:

Section six of chapter two hundred and fifty-two of the
acts of eighteen hundred and eighty-nine is hereby amended
by striking out, in the third Hne, the word "ten" and in-
serting in place thereof the word : — thirty-five, — so as
to read as follows: — Section 6. Said corporation may hold
real and personal estate for the purposes expressed in sec-
tion one to the value of thirty-five thousand dollars.

Approved April 1, 1935.

C/iap. 113 An Act relative to the transfer of certain prisoners

FROM THE MASSACHUSETTS REFORMATORY TO THE STATE
PRISON.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and twenty-seven of
the General Laws is hereby amended by inserting after
section one hundred and nine A, as appearing in the Ter-
centenary Edition, the following new section : — Section
109B. He may remove to the state prison a person con-
victed upon indictment for a felony and sentenced to the
Massachusetts reformatory, and may at any time return
him to the place of imprisonment from which he was
removed.

Section 2. This act shall apply only to persons con-
victed upon indictment for a felony committed after its
effective date. Approved April 1, 1935.

G. L. (Ter.
Ed.), 127, new
section 109B,
added.

Prisoners, re-
moval to state
prison.

Application
of act.

Chap.114: An Act extending the right to prosecute for viola-
tion OF THE LAWS REGULATING ADVERTISING FOR EM-
PLOYEES DURING A STRIKE OR OTHER LABOR TROUBLE.

Be it enacted, etc., as follows:

Section twenty-three of chapter one hundred and forty-
nine of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by striking out, in the twelfth
line, the words "After investigation by and upon com-
plaint of the department, any", and inserting in place
thereof the word: — Any, — so as to read as follows: —
Section 23. No person, during the continuance of a strike,
lockout or other labor trouble among his employees or
those of another person, shall directly or indirectly procure
or attempt to procure, or assist in any way in procuring
or attempting to procure, persons to fill the places of em-
ployees involved in such strike, lockout or other labor

G. L. (Ter.
Ed.), 149, § 23,
amended.

Advertising
for employees
during strikes.

Acts, 1935. — Chaps. 115, 116.

trouble, if such persons are or have been soHcited by means
of advertisements or oral or written statements in which
it has not been plainly and explicitly mentioned that a
strike, lockout or other labor trouble exists in the estab-
lishment where such persons are to be employed. This
provision shall apply whether such advertisements or oral
or written solicitations were made within or without the
commonwealth.

Any person violating any provision of this or the pre- Penalty
ceding section shall be punished by a fine of not more than
one hundred dollars. Approved April 1, 1935.

125

An Act changing the name of the trustees of abbott
academy and relative to the number and tenure of
office of the trustees of said corporation.

Be it enacted, etc., as follows:

The name of The Trustees of Abbott Academy, a corpora-
tion established by special law under the name of Trustees
of Abbot Female Academy, and whose name was later
changed by special law to its present one, is hereby changed
to Trustees of Abbot Academy. Said corporation shall
have full power and discretion from time to time to fix
the number of its trustees, not to exceed eighteen, and
the tenure of office for such trustees and their successors.
Nothing herein shall be construed to require that the
tenure of the various trustees of said corporation be uni-
form. Approved April 1, 1935.

ChapAlh

An Act providing for the protection of wild azaleas, fhn^ 1 1«

WILD orchids and CARDINAL FLOWERS. ^'

Be it enacted, etc., as follows:

Chapter two hundred and sixty-six of the General Laws g. l. (Ter.
is hereby amended by inserting after section one hundred ^ction^iieAT
and sixteen, as appearing in the Tercentenary Edition, the added,
following new section: — Section 116 A. No person shall Protection of
pull up or dig up the plant of a wild azalea, wild orchid or ''^'■*''^'° ^'''i

cardinal flower (lobelia cardinalis), or any part thereof, or
injure any such plant or any part thereof except in so far
as is reasonably necessary in procuring the flower therefrom,
within the limits of any state highway or any other public
way or place, or upon the land of another person without
written authority from him, and no person shall buy or
sell, or offer or expose for sale, any such flower, or the whole
or any part of the plant thereof, knowing, or having rea-
sonable cause to believe, that in procuring such flower or
plant the foregoing provisions have been violated. Viola-
tion of any provision of this section shall be punished by a
fine of not more than five dollars.

Approved April 1, 1936.

flowers.

126

Acts, 1935. — Chap. 117.

Scallops, taking
of, regulated.

Chap. 117 An Act exempting scallops from certain provisions of

LAW RELATIVE TO THE TAKING AND MARKETING OF SHELL-
FISH.

Be it enacted, etc., as follows:

G. L. (Ter. SectioD seventy-three of chapter one hundred and thirty

^c'^'amended^' ^^ ^^® General Laws, as appearing in section two of chapter
three hundred and twenty-nine of the acts of nineteen
hundred and thirty-three, is hereby amended by inserting
after the word "shellfish" in the third line the words: —
other than scallops, — and by inserting before the word
"shellfish" in the eighth line the word: — such, — so as to
read as follows: — Section 73. Except as provided in
sections seventy-one and seventy-two, no person shall,
for commercial use, dig or take shellfish other than scallops
in the commonwealth without a bed certificate, stating
that the tidal waters and flats from which said shellfish
are or are to be dug or taken, and the shellfish therein
and thereon, are free from contamination, and no firm,
corporation or other person shall engage in the distribution
of such shellfish commercially in the commonwealth with-
out a dealer's certificate. Such bed certificates and deal-
ers' gertificates shall be issued by the supervisor under rules
and regulations as hereinafter provided. The supervisor,
upon the request of and the payment of a fee of ten dollars
by a person who buys, or maintains an establishment for
packing, shellfish, except scallops, and desires to ship the
same outside the commonwealth, and, upon the request of
and the payment of a fee of two dollars by a person who
digs or takes such shellfish and desires to ship the same
outside the commonwealth, may annually issue certificates
relative to the condition of the establishment or equipment
of such person. The supervisor shall promulgate rules and
regulations relative to the form, contents and use of all
certificates issued by him under this section, in such manner
as will most effectively safeguard the public health and
meet the provisions of the laws, rules, regulations or require-
ments of the United States as to interstate commerce in
shellfish and of other states in relation to the importation,
inspection and consumption of shellfish within their respec-
tive limits. Said rules and regulations shall be subject
to the approval of the department of public health in so far
as sanitary requirements arc concerned. At the request
of the commissioner of public health, or of his own motion,
the supervisor shall revoke and cancel and require the sur-
render of any certificate issued by him under this section,
if, in his opinion, after a hearing by him or some person
designated by him, the holder thereof is guilty of violating
any such rule or regulation, or any provision of this or the
preceding section, or upon a change in the facts and condi-
tions set forth in such certificate. Pending the hearing
the certificate shall be deemed to be suspended. The

Acts, 1935. — Chaps. 118, 119. 127

provisions of this section and of the rules and regulations
made hereunder shall be enforced, and any violation thereof
shall be punished or restrained, as provided in the preceding
section. Approved April 1, 1935.

An Act relative to the advancement for speedy fhfjj. iic

TRIAL IN THE SUPERIOR COURT OF ACTIONS AGAINST ^'

PHYSICIANS AND OTHERS FOR MALPRACTICE, ERROR
OR MISTAKE.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and thirty-one of g.l. (Ter.
the General Laws is hereby amended by inserting after Action mcT"^
section fifty-nine B, as appearing in the Tercentenary added.
Edition, under the caption speedy trial of certain

ACTIONS FOR MALPRACTICE, ERROR OR MISTAKE, the follow-
ing new section : — Section 59C. An action of contract or Advancement
tort for malpractice, error or mistake against a physician, f or malpmctice!
surgeon, dentist, optometrist, hospital or sanitarium, etc.
pending in the superior court, shall, at the request of a
defendant, be advanced by the court so that it may be •
heard and determined with as little delay as possible.

Section 2. This act shall apply to all such actions
pending on or after the effective date thereof.

Approved April 1, 1935.

An Act relative to abatement of taxes upon interests fhr,^ i i q
OF individuals and partnerships in certain ships and ^'

vessels.

Be it enacted, etc., as follows:

Section 1. Section eight of chapter fifty-nine of the o. l. (Ter.
General Laws, as most recently amended by section ftc.'| 'amended,
twenty-six of chapter two hundred and fifty-four of the
acts of nineteen hundred and thirty-three, is hereby
further amended by adding at the end thereof the follow-
ing new paragraph : —

In case the owner of any such interest fails to make a Abatement of
return within the time herein provided, the assessors may ^'^'^^s on ships,
abate the tax upon such interest if he shows to the assessors
a reasonable excuse for the failure to file such return as
aforesaid and if the return is filed on or before December
thirty-first of the year in which the tax is assessed; but
no abatement hereunder shall be made which will reduce
the tax on any such interest to an amount less than the
sum of said excise plus fifty per cent thereof.

Section 2. This act shall apply in the case of any Application
tax or excise assessable under said section eight in the °^''*'*"
current year or thereafter. Approved April 1, 1935.

128 Acts, 1935. — Chaps. 120, 121.

Chap. 120 An Act relative to the taking and possession of

HORNED POUT AND YELLOW PERCH.

Emergency Whereas, The deferred operation of this act would tend

preamble. 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:

G. L. (Ter. Chapter one hundred and thirty-one of the General

fmended^' ^ ^^' ^aws is hereby amended by striking out section sixty-eight,
as appearing in the Tercentenary Edition, and inserting in
RestrictionB on place thereof the following : — Section 68. No person shall
*ou°ln^d°'^eUow ^^^^ ^^ have in possession more than thirty horned pout
perch. or thirty yellow perch taken from the waters of the common-

wealth in any period of twenty-four consecutive hours, nor
shall he take from said waters or have in possession horned
pout or yellow perch between March first and April fifteenth
in any year. Approved April 1, 1935.

Chav. 121 An Act relative to the tenure of office of the city

MARSHAL OF THE CITY OF GLOUCESTER AND TO THE MODE
OF APPOINTMENT AND REMOVAL OF SAID OFFICER.

Be it enacted, etc., as follows:

Section 1. The municipal council of the city of
Gloucester shall, from time to time, as any term expires or
vacancy occurs, appoint a city marshal, who shall hold
office for a term of three years; provided, that he may at
any time be removed by the municipal council for sufficient
cause, after a hearing at which he shall have the right to be
represented by counsel.

Section 2, All provisions of chapter two hundred and
forty-six of the acts of eighteen hundred and seventy-three,
and acts in amendment thereof and in addition thereto,
which are inconsistent with this act are hereby repealed.

Section 3. The foregoing sections of this act shall
be submitted for acceptance to the registered voters of
the city of Gloucester at its annual 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 of the general court passed in the current
year, entitled 'An Act relative to the tenure of office of
the city marshal of the city of Gloucester and to the mode of
appointment and removal of said officer', be accepted?"
If a majority of the voters voting thereon vote in the
affirmative in answer to said question, said sections, shall
thereupon take effect, but not otherwise.

Section 4. If sections one and two of this act are
accepted under the provisions of section three, the term of
office of the city marshal of said city holding office at the
time of such acceptance shall be extended to January first,

Acts, 1935. — Chap. 122.

129

nineteen hundred and thirty-eight, but he shall be subject
to removal as provided in section one.

Approved April 1, 1935.

G. L. (Ter.
Ed.), 105, new
sections 2A and
2B. added.

Public ware-
housemen,
sureties of,
termination of
liability of.

An Act relative to the termination of liability of Qhn^ 122

SURETIES ON BONDS FURNISHED BY PUBLIC WAREHOUSE- ^'

MEN.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and five of the
General Laws is hereby amended by inserting after sec-
tion two, as appearing in the Tercentenary Edition, the
following two new sections: — Section 2 A. A surety
upon a bond given by a public warehouseman as a condition
of holding a license referred to in section one, who desires
to be discharged from liability thereunder shall give written
notice to that effect to the state secretary and to the state
treasurer, in such form as the said secretary may prescribe,
specifying a date, not earlier than sixty days after the giving
of such notice, upon which his liability is to terminate in
respect to further deposits for storage with such ware-
houseman. The state secretary shall, upon receipt of such
notice, forthwith send, written notification, in such form as
he may prescribe, to such warehouseman that his license
will be revoked on the date specified unless prior thereto a
new bond, approved as provided in section one, is given
by him to the state treasurer. Failure to give a new bond
as aforesaid shall operate as a revocation of the license of
such warehouseman, effective on said date, and the state
treasurer shall forthwith notify the governor and council
and the state secretary thereof in writing. The written
notification required to be sent by the state secretary shall
be deemed sufficient if sent by registered mail, postage
prepaid, to the last business or residence address of the
licensee appearing in the records of the office of the state
secretary; and the affidavit of the state secretary or of any
person authorized by him to give such notice that it has
been sent in accordance with this section shall be prima
facie evidence that the notice was duly given.

Such revocation of the license of a public warehouseman
shall terminate the liability of the surety or sureties on
his bond except for claims for or on account of goods,
wares or merchandise deposited with him for storage prior
to such revocation.

Section 2B. After the revocation of his license, the
warehouseman shall accept for storage no more goods,
wares or merchandise. Forthwith upon such revocation,
he shall offer to return to the person or persons entitled
thereto all goods, wares and merchandise then deposited
for storage with him, upon payment in full of all lawful
charges due him and the surrender of the warehouse or
other proper receipts. Said warehouseman may, at any
time after such revocation, store any goods, wares or

Return of
goods upon
revocation of
license.

130

Acts, 1935. — Chap. 123.

merchandise in his possession with another public ware-
houseman, licensed as provided in section one, in the name
and for the account of the person or persons entitled thereto;
and, if within sixty days after such revocation, the ware-
houseman whose license is revoked so stores any goods,
wares or merchandise, and transmits therewith a bill setting
forth the accrued charges for storage thereon, he shall
continue to have a lien therefor which shall be enforceable
for his account by the licensed warehouseman with whom
he places them in storage, otherwise he shall lose his lien
for such charges.
G. L. (Ter. SECTION 2. Said chapter one hundred and five is

amended^.' ^ ^' ^i^reby further amended by striking out section six, as
so appearing, and inserting in place thereof the follow-
state secretary ing: — Sectiou 6. The statc secretary shall, at the expense
of rlwca'tfon of of each warehouscmau, give notice of his license and

license, etc.

Application
of act.

qualification, of the amount of the bond given by him and
of any discontinuance of his license and shall, at the expense
of any surety on his bond proceeding under section two A,
give notice of the revocation of his license, by publishing
such notice once in each week for three successive weeks in
some newspaper published in the city or town where the
warehouse is located.

Section 3. This act shall apply in the case of bonds
given prior to the time this act takes effect, as well as in
the case of those given thereafter.

Approved April 3, 1935.

G. L. (Ter.
Ed.), 148, § 13,
etc., amended.

Chap. 123 An Act relative to certain licenses for storing,

MANUFACTURING AND SELLING CERTAIN EXPLOSIVES AND
INFLAMMABLE MATERIALS AND TO FEES FOR PERMITS FOR
STORING CERTAIN INFLAMMABLE FLUIDS.

Be it enacted, etc., as follows:

Section 1. Section thirteen of chapter one hundred
and forty-eight of the General Laws, as amended by sec-
tion one of chapter twenty-two of the acts of nineteen
hundred and thirty-two, is hereby further amended by
inserting after the word "commissioner" in the twenty-
seventh line the words: — , or in Cambridge, with the board
of license commissioners, — and by striking out, in the
thirty-fifth to the thirty-seventh lines, the words "ammu-
nition, crude petroleum or any of its products or of any
other inflammable fluid or compound, that may be kept
for private use" and inserting in place thereof the follow-
ing: — any of the articles named in section nine that may
be kept, — so as to read as follows: — Section 13. No
building or other structure shall, except as provided in
section fourteen, be used for the keeping, storage, manu-
facture or sale of any of the articles named in section nine,
except fireworks, firecrackers and torpedoes, unless the
local licensing authority shall have granted a license
therefor after a public hearing, notice of the time and place

Licenses for
storini^, manu-
facturine, etc.,
explosives.
Term, fee, re-
vocation,
appeal.

Acts, 1935. — Chap. 123. 131

of which hearing shall have been given, at the expense of
the applicant, by the clerk of the city or of the local licensing
authority, by publication, not less than seven days prior
thereto, in a newspaper published in the Enghsh language
in the city or town wherein the land on which such license
is to be exercised is situated, if there is any so published
therein, otherwise in the county in which such city or
town lies, and also by the applicant by registered mail,
not less than seven days prior to such hearing, to all owners
of real estate abutting on said land, and unless the applica-
tion for such license shall have endorsed thereon the certifi-
cate of approval or disapproval of the head of the fire
department; provided, that any building or other structure
once used under a license granted as aforesaid, or any
building or other structure lawfully used for any of said
purposes, may be continued in such use from year to year
if the owner or occupant thereof shall annually, on or before
April thirtieth, while such use continues, file for registra-
tion with the clerk of the city or town where such building
or other structure is situated, or in Boston, with the fire
commissioner, or in Cambridge, with the board of license
commissioners, a certificate reciting such use and occu-
pancy; and provided, further, that any building used as a
garage for storing not more than three vehicles, when once
used under such a license, or lawfully used for such pur-
pose, may be continued in such use from year to year
without such annual registration, and continuous use and
occupancy thereof for such purpose shall be presumed.
The department may by regulation prescribe the amount of
any of the articles named in section nine that may be kept
in a building or other structure without a license and
registration, or either of them. Every license issued
hereunder shall expire on April thirtieth following the date
of issue, and registrations hereunder shall be effected on
or before April thirtieth to take effect on May first follow-
ing. Such fee as may be established from time to time by
ordinance or by-law may be charged for any such license,
registration or certificate of the head of the fire depart-
ment, respectively; provided, that the fee for such regis-
tration shall be not more than one half of the amount of
the fee for such a license.

The right to use a building or other structure for any of
said purposes may be revoked for cause, after notice and a
hearing given to such owner or occupant, by the local
Hcensing authority, or by the marshal. Such building
or structure shall always be subject to such alterations in
construction and to such regulations of its use in respect
to protection against fire or explosion as the department
may prescribe.

Any person aggrieved by the granting of a license here-
under on the ground that the exercise thereof would con-
stitute a fire or explosion hazard may, within ten days
after the granting thereof, appeal to the marshal who,

132

Acts, 1935. — Chap. 124.

G. L. (Ter.
Ed.). 148, § 23,
amended.

Keeping, using
and storage of
inflammable
fluids.

after notice and hearing, shall finally determine whether
such a hazard would result. If, in his opinion, such a
hazard would result he shall notify the authority granting
the license, who shall forthwith revoke the same.

Section 2. Section twenty-three of said chapter one
hundred and forty-eight, as appearing in the Tercentenary
Edition, is hereby amended by adding at the end thereof
the following : — A fee of not more than fifty cents may be
charged for any permit granted under the authority of
this section, — so as to read as follows: — Section S3.
No volatile inflammable fluid except an amount not exceed-
ing one quart contained in an approved safety can and no
non-volatile inflammable fluid except an amount not ex-
ceeding ten gallons for domestic use shall be kept, used or
stored in any part of any building used for habitation, and
no volatile inflammable fluid in quantity exceeding one
gallon contained in an approved safety can, and no non-
volatile inflammable fluid in quantity exceeding thirty
gallons, shall be kept, used or stored, except in the tank of
an automobile, motor boat or stationary engine, within
fifty feet of any building used for habitation, unless a
permit has first been obtained therefor from the head of
the fire department under such terms and conditions as he
may prescribe. A fee of not more than fifty cents may be
charged for any permit granted under the authority of this
section. Approved April 2, 1935.

Chap. 124 An Act authoeizing the transfer of the taggart fund,

so CALLED, TO THE TOWN OF BLANDFORD.

Be it enacted, etc., as follows:

Section 1. The corporation incorporated by an act
passed March ninth, eighteen hundred and eight and
entitled "An Act to incorporate certain persons trustees,
to manage a fund for the permanent support of a school in
District Number Three, in the Town of Blanford, in the
county Hampshire", said fund being commonly known
as the Taggart Fund, is hereby empowered to transfer,
assign, set over and convey all funds and property held
by it to the town of Blandford, and said town is hereby
empowered to receive the same and to hold, manage and
dispose of all such funds and property upon the same
trusts, uses and purposes as if the same had continued to be
held by said corporation.

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

Section 3. This act shall not take effect until it shall
have been accepted by the corporation, by vote of the
trustees thereof, and by the town, by vote of its board of

Acts, 1935. — Chap. 125. 133

selectmen, and copies of the respective votes of acceptance
shall have been filed with the state secretary.

Approved April 2, 1935.

An Act relative to the appointment of a superin- Qhav. 125

TENDBNT OF PUBLIC WORKS BY THE SELECTMEN OF THE
TOWN OF BILLERICA.

Be it enacted, etc., as follows:

Section 1. Section two of chapter two hundred and
twenty-one of the acts of nineteen hundred and thirty is
hereby amended by striking out, in the first line, the
word "shall" and inserting in place thereof the word: —
may, — so as to read as follows : — Section 2. The select-
men may appoint, and fix the compensation of, a superin-
tendent of pubhc works, who shall administer, under the
supervision and direction of the selectmen, such depart-
ments of the town under their control as they may desig-
nate. He shall be responsible for the efficient administra-
tion of all such departments and shall hold office subject
to the will of the selectmen. He shall be specially fitted
by education, training and experience to perform the
duties of said office and may or may not be a resident
of the town. During his tenure he shall hold no elective
or other appointive office, nor shall he be engaged in any
other business or occupation. He shall give bond for the
faithful performance of his duties, in such sum and with
such surety or sureties as the selectmen may require, and
shall, subject to the approval of the selectmen, appoint
such assistants, agents and employees as the performance
of the duties of such departments may require. He shall
keep full and complete records of the doings of his office
and render to the selectmen as often as they may require
a full report of all operations under his control during the
period reported upon ; and annually, or from time to time
as required by the selectmen, he shall make a synopsis of
all such reports for publication. He shall keep the select-
men fully advised as to the needs of the town within the
scope of his duties and shall furnish to the selectmen, on
or before January fifth in each year, a carefully prepared
and detailed estimate in writing of the appropriations
required during the ensuing fiscal year for the proper con-
duct of all departments of the town under his supervision.

Section 2. This act shall be submitted to the voters
of said town at the annual town meeting in the year nine-
teen hundred and thirty-six 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-five, entitled 'An Act relative
to the Appointment of a Superintendent of Pubhc Works
by the Selectmen of the Town of Billerica', be accepted?"

134

Acts, 1935. — Chap. 126.

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 April 2, 1935.

G. L. (Ter.
Ed.). 94, §42A,
etc., amended.

Milk, dealers

in.

Bond, amount

of.

Chap. 126 An Act defining the word "producers" with respect

TO THE licensing AND BONDING OF DEALERS IN MILK OR
CREAM.

Be it enacted, etc., as follows:

Section forty-two A of chapter ninety-four of the General
Laws, inserted by section two of chapter three hundred
and thirty-eij2;ht of the acts of nineteen hundred and thirty-
three, is hereby amended by striking out, in the second
line, the word "producers" and inserting in place thereof
the words: — Massachusetts producers, in this section
and in sections forty-two B to forty-two K, inclusive,
called producers, — so as to read as follows: — Section
42 A. No person buying milk or cream from Massachu-
setts producers, in this section and in sections forty-two
B to forty-two K, inclusive, called producers, shall operate
any milk plant or manufactory unless licensed to operate
such plants and manufactories by the commissioner of
agriculture, in this section and in sections forty-two B
to forty-two K, inclusive, called the commissioner. Applica-
tion for such license shall be made on or before January
first in each year, for the license year beginning March
first following, or at any time later than January first
in any year for the balance of the license year after the
date of issue of the ficense, which date shall be at least two
months subsequent to the filing of the application. Such
application shall be made upon a form prescribed by the
commissioner, and shall contain a statement of such in-
formation as he may require to aid him in fixing the amount
of the bond hereinafter required. Such statement shall
be made under the penalties of perjury by the applicant,
if an individual, and, if the applicant is a corporation, by
its president and treasurer. A license shall not be issued
unless the applicant shall execute and file at the time of
filing the application, or within such further time as the
commissioner may allow, a bond or other security satis-
factory to the commissioner or shall be relieved therefrom
as provided in section forty-two E. The commissioner, if
satisfied with the financial responsibility and good faith of
the applicant and with the bond or other security filed
with him, shall issue to such applicant, upon payment of a
fee of five dollars, a license entitling the applicant to operate
milk plants and manufactories within the commonwealth
for the license year or balance thereof, as the case may be.

Approved April 2, 1935.

Acts, 1935. — Chaps. 127, 128. 135

An Act relative to the control of dudley pond in the ChaV' 127

TOWN OF WAYLAND.

Be it enacted, etc., as follows:

Section 1. The town of Wayland, through its board of
selectmen, may from time to time make rules and regula-
tions as to the erection, maintenance and control of all
public bath houses on the shores of Dudley pond in said
town.

Section 2. The board of selectmen of said town may
from time to time make rules and regulations governing
fishing, boating, bathing, skating and other recreational
activities in or on Dudley pond in said town. Such rules
and regulations relative to fishing shall be subject to the
approval of the division of fisheries and game of the state
department of conservation, and such other rules and
regulations shall be subject to the approval of the state
department of public works, and when so approved shall
have the force of law.

Section 3. Any police officer of said town may patrol
any part of the waters of said lake and shall have authority
to arrest any person violating any law of the common-
wealth in, on or adjacent to the waters of said pond or
violating any rule or regulation established under this act.

Section 4. The violation of any rule or regulation
established under this act shall be punished by a fine of
not more than twenty dollars.

Section 5. Nothing in this act shall be construed to
abridge the powers and duties of said department of public
works under chapter ninety-one of the General Laws.

Approved April 2, 1935.

An Act relative to the granting of degrees by the (JJku) ^28

TRUSTEES of NORTHEASTERN UNIVERSITY OF THE BOS- ^'

TON YOUNG men's CHRISTIAN ASSOCIATION.

Be it enacted, etc., as follows:

Chapter ninety-three of the acts of nineteen hundred
and twenty-three, as amended by chapter twenty-two of
the acts of nineteen hundred and thirty, is hereby further
amended by striking out all after the word "common-
wealth" in the fifth and sixth lines and inserting in place
thereof the words: — , but excepting medical and dental
degrees, and to grant diplomas therefor, — so as to read
as follows: — The trustees of Northeastern University of
the Boston Young Men's Christian Association, a corpora-
tion organized under general law, are hereby authorized
to confer such degrees as are usually conferred by colleges
and universities in this commonwealth, but excepting
medical and dental degrees, and to grant diplomas therefor.

Approved April 2, 1935.

136 Acts, 1935. — Chaps. 129, 130.

Chap. 129 An Act changing the name of the Middlesex college

OF medicine and surgery, inc., to MIDDLESEX COLLEGE
AND AUTHORIZING SAID COLLEGE TO GRANT THE DEGREE
OF BACHELOR OF SCIENCE.

Be it enacted, etc., as follows:

The name of The Middlesex College of Medicine and
Surgery, Inc., an educational institution incorporated
under chapter twenty-eight of the acts of eighteen hundred
and forty-nine, as affected by chapter one hundred and
forty-two of the acts of eighteen hundred and fifty, under
the name of the Worcester Medical Institution, and whose
name was changed to its present one under general law
December fifteenth, nineteen hundred and fourteen, is
hereby changed to Middlesex College; and said corporation
is hereby authorized and empowered, in addition to its
present powers, to conduct and maintain in the county of
Middlesex a college for academic education and to provide
therein instruction in such of the sciences, liberal arts, and
languages as the trustees of said corporation shall deter-
mine; and said corporation is hereby further authorized
to confer the degree of bachelor of science on such of its
graduates as are properly accredited and recognized by the
majority of its trustees; provided, that the course of
instruction leading to such degree shall occupy the same
number of years as are required in similar institutions
granting said degree. Approved April 2, 1935.

Chap. ISO A^ AC'^ AUTHORIZING THE CITY OF SOMERVILLE TO APPRO-
PRIATE MONEY FOR THE USE OF THE SCHOOL SAVINGS
BANK OF THE CITY OF SOMERVILLE.

Be it enacted, etc., as follows:

Section 1. The city of Somerville may appropriate
such sums, not exceeding, in the aggregate, fourteen thou-
sand dollars, for use of the school savings bank of said city
in paying to each depositor in such bank a sum equivalent
to that part of the amount standing to his credit on the
pass book issued to him by said city which was deposited
by said school savings bank in the Somerville Institution
for Savings on or before February second, nineteen hundred
and thirty-two. All dividends received by or on behalf
of said city on account of deposits made in said institution
for savings in the name of "school savings bank city of
Somerville" shall be paid forthwith into the treasury of
said city.

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

(This hill, returned hy the governor to the House of Represen-
tatives, the branch in which it originated, with his objections
thereto, was passed by the House of Representatives, March 29,
1935, and, in concurrence, by the Senate, April 2, 1935, the

Acts, 1935. — Chap. 131. 137

objections of the governor notwithstanding, in the manner pre-
scribed by the constitution; and thereby has "the force of a
law".)

An Act providing for extensions of the boundaries of (JJid^ 13 ^

THE NORTH CHELMSFORD FIRE DISTRICT, RELATIVE TO
EXEMPTING CERTAIN PROPERTY THEREIN FROM TAXES
ASSESSED BY IT AND AUTHORIZING SAID DISTRICT TO MAKE
AN ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and nineteen of the
acts of nineteen hundred and six, as affected by chapter
three hundred and fourteen of the acts of nineteen hun-
dred and ten, chapter one hundred and ten of the Special
Acts of nineteen hundred and seventeen and chapter
forty of the acts of nineteen hundred and twenty-six, is
hereby amended by adding at the end thereof the two fol-
lowing new sections: — Section 17. Upon a petition in
writing addressed to said commissioners requesting that
certain real estate, accurately described therein, located
in said town and abutting on said district be included
within the limits thereof, and signed by the owners of such
real estate, or a major portion thereof, said commissioners
shall cause a duly warned meeting of the district to be
called, at which meeting the voters may vote on the ques-
tion of including said real estate within the district. If
a majority of the voters present and voting thereon vote
in the affirmative the district clerk shall within ten days
file with the town clerk of said town and with the state
secretary an attested copy of said petition and vote; and
thereupon said real estate shall become and be part of the
district and shall be holden under this act in the same
manner and to the same extent as the real estate described
in section one.

Section 18. The board of water commissioners, shall,
in each year in which a tax is duly voted by said district,
prepare a list of the real estate in the district, which is so
situated that it can receive no aid in the extinguishment
of fire from the said system of water supply, or, which is so
situated that the buildings thereon or the buildings that
might be constructed thereon in any ordinary or reasonable
manner could not be supplied with water from the said
system; and the clerk, when he sends a certified copy of
the vote authorizing a tax levy to the assessors of said town
of Chelmsford, shall also send a certified copy of the list of
real estate made by the board of water commissioners as
herein provided, and no real estate listed as aforesaid
shall be subject to any tax assessed on account of the sys-
tem of water supply for the year in which said fist is certified.

Section 2. For the purpose of meeting the expense of
laying mains and pipes, said district may borrow from
time to time such sums as may be necessary, not exceeding,

138

Acts, 1935. — Chap. 132.

in the aggregate, twenty-three thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face
the words, North Chelmsford Fire District Loan, Act of
1935. Each authorized issue shall constitute a separate
loan, and such loans shall be payable in not more than
fifteen years from their dates. Indebtedness incurred
under this act shall be subject to chapter forty-four of the
General Laws.

Section 3. The said district shall, at the time of
authorizing the said loan or loans, provide for the pay-
ment thereof in accordance with section two of this act;
and when a vote to that effect has been passed, a sum
which, with the income derived from water rates, will be
sufficient to pay the annual expense of operating the water
works and interest as it accrues on bonds or notes issued
as aforesaid, and to make such paj^ments on the principal
as may be required under this act, shall without further
vote, be assessed upon the said district by the assessors
of the town of Chelmsford annually thereafter until the
debt incurred by said loan or loans is extinguished.

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

A-pi^oved April 5, 1935.

Chap

. 132 An Act providing for additional statutory court
sessions of the probate court for norfolk county
and repealing certain provisions of law relative
to accommodations in the city of boston for the
use of said court.

Emergency
preamble.

G. L. (Ter.
Ed.). 215, § 62,
etc., amended.

Probate court
Bessions in
Norfolk
county.

Be it enacted, etc., as follows:

Section sixty-two of chapter two hundred and fifteen
of the General Laws, as most recently amended by section
one of chapter one hundred and seventy-five of the acts
of nineteen hundred and thirty-four, is hereby further
amended by striking out the paragraph contained in the
forty-fifth to the fifty-first lines, as appearing in the Ter-
centenary Edition, and inserting in place thereof the
following: —

Norfolk, at Dedham, the first and fifth Wednesdays
of each month except August, and the third Wednesday of
each month; at Quincy, the second Wednesday of each
month except August; at Brookline, the fourth Wednes-
day of each month except August.

Approved April 5, 1935.

Acts, 1935. — Chap. 133. 139

An Act relative to the wareham fire district. Chav 133

Be it enacted, etc., as follows:

Section 1. The annexation to the Wareham Fire
District of territories, and the inhabitants thereof, in those
parts of the town of Wareham sometimes known as Pine-
hurst Beach, Pine Point, Hamilton Beach, Swift's Neck,
Swift's Beach and East Wareham, and more fully described
in votes annexing said territories to the district adopted
at its annual meeting held March eleventh, in the current
year, is hereby validated and confirmed. The boundaries
of the territories so annexed shall be as set forth in said
votes of annexation.

Section 2. All taxable property in the territories
referred to in section one of this act as having been an-
nexed to said district shall be subject to all taxes assessed
by or on behalf of said district in the calendar year nine-
teen hundred and thirty-five and thereafter.

Section 3. For the purpose of paying for enlargements
of and extensions to its water supply system, said district
may borrow from time to time such sums of money as may
be necessary, not exceeding, in the aggregate, two hundred
and eight thousand dollars, and may issue bonds or notes
therefor. Each issue shall constitute a separate loan,
and such loans shall be payable in not more than fifteen
years from their respective dates. Indebtedness so incurred
shall be subject to the provisions of chapter forty-four of
the General Laws, as amended, so far as applicable to dis-
tricts. The district may borrow and issue bonds or notes
as aforesaid pursuant to votes adopted by more than two
thirds of the voters of the district present and voting
thereon at its annual meeting held March eleventh, in
the current year, which votes are hereby validated and
confirmed as hereinafter provided; and no further vote of
the voters of the district shall be necessary to authorize
such borrowing or the issue of such bonds or notes. Any
borrowings heretofore made and any bonds or notes
heretofore issued pursuant to said votes and within the
limitations aforesaid as to amount and maturity are hereby
validated and confirmed; provided, that the bonds or
notes so issued and the bonds or notes hereafter issued
pursuant to said votes shall not exceed, in the aggregate,
two hundred and eight thousand dollars.

Section 4. Said district may purchase all or any part
of the property and franchises of any privately owned
water system serving any part of the territories referred
to in section one of this act as having been annexed to said
district. The district may make such purchase or pur-
chases pursuant to votes adopted at its annual meeting
held March eleventh, in the current year, which votes are
hereby validated and confirmed as hereinafter provided;
and no further votes of the voters of the district shall be

140 Acts, 1935. — Chaps. 134, 135.

necessary to authorize such purchase or purchases. The
owners of any such water system are hereby authorized to
sell all or any part of its property and franchises to the
district. Any purchase or purchases heretofore made
pursuant to said votes are hereby validated and confirmed.

Section 5. The election of officers and all other acts,
proceedings and votes taken at the annual meeting of the
district held March eleventh, in the current year, in so far
as said meeting, election, acts, proceedings or votes may
have been invalid by reason of any failure of the district
legally to call and give notice of said annual meeting or
by reason of permitting the voters of the territories referred
to in section one of this act as having been annexed to said
district to vote at said meeting, are hereby validated and
confirmed.

Section 6. This act shall take effect upon its passage.

Approved April 5, 1935.

Chap. 134 An Act extending the charter of the nahant land

COMPANY.

Be it enacted, etc., as follows:

The Nahant Land Company shall continue to be a
corporation for a further term of five years after the expira-
tion of its charter as continued by the provisions of chapter
twelve of the acts of nineteen hundred and twenty; and
shall during such further term have the powers and privi-
leges and be subject to the duties, liabilities and restric-
tions set forth in its charter and in all general laws now or
hereafter in force relating to such corporations.

Approved April 5, 1935.

Chap. 135 An Act relative to the division of the city of

CAMBRIDGE INTO WARDS AND PRECINCTS.

Be it enacted, etc., as follows:

Section 1. The ward and precinct lines established
in the city of Cambridge in the year nineteen hundred and
thirty-four by the election commissioners of said city, as
authorized and directed by chapters one hundred and
one hundred and one of the acts of nineteen hundred and
twenty-two, shall be used for the assessment of taxes in
said city in the year nineteen hundred and thirty-five and
for all purposes incidental thereto, notwithstanding the
provisions of section four of chapter fifty-four of the General
Laws, as appearing in the Tercentenary Edition.

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

Approved April 5, 1935.

Acts, 1935. — Chaps. 136, 137, 138. 141

An Act further regulating the amount which a Chav 136

MEMBER BANK MAY BORROW FROM THE CO-OPERATIVE
CENTRAL BANK WITHOUT COLLATERAL.

Be it enacted, etc., as follows:

Section seven of chapter forty-five of the acts of nine-
teen hundred and thirty-two is hereby amended by strik-
ing out the second sentence of the first paragraph and
inserting in place thereof the following sentence: — No
member bank may borrow in excess of five per cent of its
assets unless said loan is secured as required by the directors
of the central bank, — so that said paragraph will read
as follows: — The central bank may, in accordance with its
by-laws, loan its funds to member banks only, and any
loan so made shall constitute a debt against the borrowing
member bank and, in the case of its liquidation, shall be
satisfied before any distribution of its assets is made to
shareholders. No member bank may borrow in excess of
five per cent of its assets unless said loan is secured as
required by the directors of the central bank.

Approved April 5, 1935.

An Act authorizing the town of burlington to convey QJku) 137
certain park land.

Be it enacted, etc., as follows:

Section 1. The town of Burlington is hereby authorized
to sell and convey the whole or any part or parts of a cer-
tain parcel of land therein now held by it for park purposes, ,
and no longer needed for public use, bounded by the present
and former layouts of Cambridge street and by land now
or formerly Church lane.

Section 2. This act shall take effect upon its ac-
ceptance by vote of the inhabitants of said town at the
annual town meeting in the year nineteen hundred and
thirty-six, but not otherwise. Approved April 6, 1935.

An Act relative to the superintendence of the Chap. 138

SCHOOLS IN THE TOWN OF GOSNOLD.

Be it enacted, etc., as follows:

Section 1. If for any year the town of Gosnold is
unable to comply with the provisions of section sixty-one
of chapter seventy-one of the General Laws, the school
committee of said town shall employ a part time superin-
tendent of schools, approved by the state department of
education, on such terms as to amount of service, salary
and expense of travel as may be approved by the de-
partment.

Section 2. When the secretary of the school committee
of said town shall certify to the state comptroller on oath
that a superintendent of schools has been employed in

142

Acts, 1935. — Chaps. 139, 140.

accordance with the provisions of section one of this act
for any year ending on June thirtieth, a warrant shall,
upon the approval of the department, be drawn upon the
state treasurer for the payment of two thirds of the amounts
paid to the superintendent as salary and as reimbursement
for expense of travel; provided, that the state reimburse-
ment for these purposes shall not exceed two hundred
dollars for any one year. Approved April 5, 1935.

Chap. 139 An Act relative to the st. jean baptiste society of

NORTH ADAMS.

Be it enacted, etc., as follows:

The St. Jean Baptiste Society of North Adams, a fra-
ternal benefit society incorporated under the laws of this
commonwealth, may enter into a written agreement with
L'Union St. Jean Baptiste d'Amerique, a fraternal benefit
society incorporated under the laws of the state of Rhode
Island, containing such terms, conditions and restrictions
as the commissioner of insurance of this commonwealth
may impose, providing for the admission to said L'Union
St. Jean Baptiste d'Amerique, subject to its constitution
and by-laws, of all members of said The St. Jean Baptiste
Society of North Adams participating in its mortuary fund,
and for the transfer of said fund, or so much thereof as
may be deemed necessary, to said L'Union St. Jean Bap-
tiste d'Amerique. Such agreement shall be executed by
the principal executive officers of each of said societies
under its corporate seal, if any, and shall be approved by
vote of said The St. Jean Baptiste Society of North Adams
at a regular or special meeting duly called for that purpose
and by the General Board of said L'Union St. Jean Baptiste
d'Amerique, and shall not be effective until approved in
writing by said commissioner of insurance and a duplicate
original thereof, authenticated and approved in a manner
satisfactory to said commissioner, is filed in his office.

Approved April 5, 1935.

Chap 140 A^ ^^"^ RELATIVE TO CONTRIBUTIONS BY INSURANCE COM-
PANIES TO employees' SAVINGS FUNDS AND CONTRIBU-
TORY PENSION SYSTEMS ESTABLISHED BY THEM.

Be it enacted, etc., as follows:
G. L. (Ter. Sectiou thirty-six of chapter one hundred and seventy-

amended ' ^ ^^' ^^^ °^ ^^^ General Laws, as appearing in the Tercentenary
Edition, is hereby amended by striking out the second
paragraph and inserting in place thereof the following: —
Any such company, with the written approval of the
commissioner, may also establish an employees' savings
fund or contributory pension system for the benefit of its
aged or disabled employees, to which fund or system both
the employees and the company shall contribute.

Approved April 5, 1936.

Employees'
savings fund,
contribution to
by insurance
companies.

Acts, 1935. — Chap. 141. 143

An Act providing for biennial municipal elections Chap. 14:1

IN THE CITY OF HOLYOKE.

Be it enacted, etc., as follows:

Section 1. Beginning with the year nineteen hundred
and thirty-five, municipal elections in the city of Holyoke
for the choice of mayor, aldermen, members of the school
committee, city clerk and city treasurer shall be held
biennially on the first Tuesday in December in each odd-
numbered year.

Section 2. At the biennial municipal election to be
held in the year nineteen hundred and thirty-five and at
every biennial municipal election thereafter, the mayor,
and the aldermen to be elected thereat, shall be elected for
terms of two years from the first Monday in January
following their election and until their successors are
qualified. The aldermen at large elected in the year nine-
teen hundred and thirty-four shall continue to hold office
until the quahfication of their successors who shall be
elected at the biennial municipal election in the year nine-
teen hundred and thirty-seven. The inauguration meeting
of the city government shall be held on the first Monday of
January following each biennial municipal election, or on
the following day whenever said first Monday falls on a
holiday.

Section 3. At the biennial municipal election to be
held in the year nineteen hundred and thirty-five and at
every second biennial municipal election thereafter, the
city treasurer shall be elected for a term of four years from
the first Monday in January following his election and
until his successor is qualified. At the biennial municipal
election to be held in the year nineteen hundred and thirty-
seven and at every second biennial municipal election
thereafter, the city clerk shall be elected for a term of
four years from the first Monday in January following his
election and until his successor is qualified.

Section 4. At the biennial municipal election to be
held in the year nineteen hundred and thirty-five and at
every biennial municipal election thereafter, each member
of the school committee to be elected thereat at large shall
be elected for a term of four years, and all members of said
committee to be elected thereat by wards shall be elected
for terms of two years, from the first Monday in January
following their election and until their successors are
qualified. The members of said committee elected in the
year nineteen hundred and thirty-three shall continue to
hold office until the quahfication of their successors who
shall be elected at the biennial municipal election in the
year nineteen hundred and thirty-seven.

Section 5. If a vacancy occurs in the office of mayor
before the last three months of the term of office, the board
of aldermen shall order an election to fill the same for the

144 Acts, 1935. — Chap. 142.

unexpired term. If a vacancy occurs in the board of
aldermen before the last six months of the term of office, the
remaining members of the board of aldermen shall fill the
same for the unexpired term. If a vacancy occurs in the
office of city clerk or city treasurer, the aldermen shall fill
the same 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 unexpired term.

Section 6. So much of chapter four hundred and
thirty-eight of the acts of eighteen hundred and ninety-
six, and acts in amendment thereof and in addition thereto,
as is inconsistent with this act, is hereby repealed.

Section 7. This act shall be submitted for acceptance
to the qualified voters of said city at the annual city elec-
tion in the current year in the form of the following ques-
tion, which shall be placed upon the official ballot to be
used at said election: — "Shall an act passed by the general
court in the current year, entitled, 'An Act providing for
biennial municipal elections in the city of Holyoke', be
accepted?" If a majority of the votes cast on said ques-
tion are in the affirmative, this act shall thereupon take full
effect; otherwise 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 5, 1935.

Chap. 142 An Act providing for the filling of vacancies in the

BOARD OF aldermen OF THE CITY OF MEDFORD BY THE
MEMBERS OF SAID BOARD.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and forty-five of
the acts of nineteen hundred and three is hereby amended
by striking out section five and inserting in place thereof
the following : — Section 5. If it shall appear that there is
no choice of mayor, or if the person elected to that office
shall refuse to accept or shall die before qualifying, or if a
vacancy in the office shall occur more than four months
previous to the expiration of the term of service of a mayor,
the board of aldermen shall forthwith cause warrants,
or orders, to be issued for a new election, and the same
proceedings shall be had in all respects as are hereinbefore
provided for the election of a mayor; and such proceedings
shall be repeated until the election of a mayor is completed.
In case a vacancy in the office of mayor shall occur within
the four months previous to the expiration of his term of
office, the board of aldermen may, in its discretion, order a
new election to be held as aforesaid to fill the vacancy.
Any vacancy in the board of aldermen shall be filled by
election by said board by a majority vote of all its members.
The person elected to fill such vacancy shall be a resident
of the ward in which the vacancy occurs and shall have
resided therein for not less than six months last preceding

Acts, 1935. — Chap. 143.

145

such election. A person so elected shall, before entering
upon the duties of the office, take oath before the city-
clerk faithfully to perform the same.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Medford 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-five, entitled
'An Act providing for the filling of Vacancies in the Board
of Aldermen of the City of Medford by the Members of
said Board', be accepted?" If a majority of the voters
voting thereon vote in the affirmative in answer to said
question, this act shall thereupon take effect, but not
otherwise. Approved April 5, 1935.

An Act providing for an additional court officer for (jhn^ 1 49

THE PROBATE COURT AND COURT OF INSOLVENCY OF THE ^'
county of SUFFOLK AND RELATIVE TO THE APPOINTMENT
OF COURT OFFICERS FOR SAID COURTS IN THE COUNTY OF
MIDDLESEX.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and seventeen of g. l. (Ter.
the General Laws is hereby amended by striking out sec- amended.' ^ ^°'
tion thirty, as appearing in the Tercentenary Edition, and
inserting in place thereof the following: — Section 30. The Additional
judges of probate for the counties of Suffolk and Middlesex p?obl°e^courr
may appoint two officers to attend the sessions of the inS"ff°'k

countv*

probate court and court of insolvency of their respective
counties and the judge of probate for Plymouth county
may appoint an officer to attend the sessions of the probate
court and court of insolvency of said county. Such officers
may be removed at the pleasure of the judges of probate
for their respective counties, and the said judges may fill
any vacancy caused by removal or otherwise. Each court
officer appointed hereunder for Suffolk or Middlesex
county shall give bond with sufficient sureties approved by
a judge of his court for the faithful performance of his
duties, in the sum of one thousand dollars, payable to the
treasurer of Suffolk county or to Middlesex county, as the
case may be. The court officer for Plymouth county
shall, if required by the court, give a bond payable to said
county for the faithful performance of his duties with
sureties satisfactory to the court. Each officer appointed
hereunder shall serve the orders, precepts and processes
issued by the probate court for which he is appointed or by
a judge thereof; and, except in Plymouth county, shall at
the expense of his county be furnished with a uniform
such as the court shall order, which he shall wear while in
attendance on said courts.

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

Approved April 8, 1936. '^^*'-

146 Acts, 1935. — Chaps. 144, 145.

Chap. 144 An Act placing the offices of chief, deputy and dis-
trict CHIEFS OF THE FIRE DEPARTMENT OF THE CITY OF
WORCESTER UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The offices of chief, deputy and district
chiefs of the fire department of the city of Worcester shall,
upon the passage of this act, become subject to the civil
service laws and rules and regulations relating to the per-
manent members of the fire departments of cities, and the
tenure of office of any incumbent thereof shall be unlimited,
subject, however, to such laws and rules and regulations;
but the persons holding said offices 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 8, 1985.

Chap. 145 An Act re-establishing and defining a portion of the

BOUNDARY LINE BETWEEN THE TOWNS OF OAK BLUFFS
AND TISBURY.

Emergency Whcrcas, The deferred operation of this act would cause

preamble. substantial iuconvenieuce, therefore it is hereby declared

to be an emergency law, necessary for the immediate

preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. The following described line shall hereafter
be the dividing line between the towns of Oak Bluffs and
Tisbury through the waters of Lagoon pond, so called.
Beginning at Oak Bluffs-Tisbury 1, an unmarked point
in the present boundary line and on the centre line of the
new bridge between the said towns in latitude forty-one
degrees, twenty-seven minutes, thirty-one and fourteen
hundredths seconds and longitude seventy degrees, thirty-
five minutes, thirteen and nineteen hundredths seconds
and bearing north thirty-three degrees, thirty-nine minutes,
twenty-two seconds east, true bearing, and two hundred
forty-six feet distant, from a witness mark, which stands
on the west side of channel, and five and five tenths feet
east of Presbury Cromwell's house. The witness mark is a
granite monument about five and five tenths feet high
and eight inches square. Thence south fifteen degrees,
twenty-six minutes, fifty seconds east, true bearing, one
thousand two hundred nine feet to Oak Bluffs-Tisbury lA,
an unmarked point in Lagoon pond, in latitude forty-one
degrees, twenty-seven minutes, nineteen and sixty-three
hundredths seconds and longitude seventy degrees, thirty-
five minutes, eight and ninety-seven hundredths seconds,
thence south twenty-two degrees, ten minutes west, true
bearing, three thousand six hundred fifty feet to Oak
Bluffs-Tisbury IB, an unmarked point in Lagoon pond.

Acts, 1935. — Chap. 145. 147

in latitude forty-one degrees, twenty-six minutes, forty-six
and twenty-three hundredths seconds and longitude
seventy degrees, thirty-five minutes, twenty-seven and five
hundredths seconds, thence south forty-nine degrees, ten
minutes west, true bearing, one thousand three hundred
seventy-five feet to Oak Bluff s-Tisbury IC, an unmarked
point in Lagoon pond, in latitude forty-one degrees,
twenty-six minutes, thirty-seven and thirty-five hundredths
seconds and longitude seventy degrees, thirty-five minutes,
forty and seventy-one hundredths seconds, thence south
twenty-seven degrees, twenty-nine minutes west, true
bearing, four thousand six hundred sixty feet to Oak Bluffs-
Tisbury ID, an unmarked point in Lagoon pond, in lati-
tude forty-one degrees, twenty-five minutes, fifty-six and
fifty hundredths seconds and longitude seventy degrees,
thirty-six minutes, eight and ninety-five hundredths
seconds, thence south twenty-five degrees, twenty-two
minutes east, one thousand twenty feet to Oak Bluffs-
Tisbury IE, an unmarked point in Lagoon pond, in lati-
tude forty-one degrees, twenty-five minutes, forty-seven
and forty hundredths seconds and longitude seventy
degrees, thirty-six minutes, three and twenty-one hun-
dredths seconds, thence south twenty-nine degrees, eight
minutes west, true bearing, six hundred sixty feet to Oak
Bluffs-Tisbury IF, an unmarked point in Lagoon pond
south of dike, in latitude forty-one degrees, twenty-five
minutes, forty-one and seventy hundredths seconds and
longitude seventy degrees, thirty-six minutes, seven and
forty-three hundredths seconds, thence south seventy-one
degrees, thirty minutes west, true bearing, four hundred
sixty-five feet to Oak Bluffs-Tisbury IG, an unmarked
point in Lagoon pond south of dike, in latitude forty-one
degrees, twenty-five minutes, forty and twenty-four
hundredths seconds and longitude seventy degrees, thirty-
six minutes, thirteen and twenty-two hundredths seconds,
thence south one degree, five minutes west, true bearing,
four hundred fifty feet to Oak Bluffs-Tisbury 2, a granite
monument 2.5 feet high and 10 x 11 inches in section, in
latitude forty-one degrees, twenty-five minutes, thirty-five
and eighty hundredths seconds and longitude seventy
degrees, thirty-six minutes, thirteen and thirty-three
hundredths seconds.

Section 2. The department of public works is hereby
directed to locate and mark the line described in section
one by setting such witness monuments as may be required.
For this purpose there may be expended such sum, not
exceeding five hundred dollars, as may hereafter be appro-
priated therefor.

Section 3. Upon the completion of the work herein
provided for, said department shall file in the office of the
state secretary and in the registry of deeds for the county
of Dukes County, a plan showing the boundary line hereby
established and the monuments marking the same.

Approved April 8, 1935.

148

Acts, 1935. — Chaps. 146, 147, 148.

Chap. 146 An Act relative to the procuring by false representa-
tion SALES OR delivery OF ALCOHOLIC BEVERAGES TO
MINORS.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-eight of the General
Laws, as appearing in section two of chapter three hundred
and seventy-six of the acts of nineteen hundred and thirty-
three and as amended, is hereby further amended by
inserting after section thirty-four the following new sec-
tion:— Section 8 4 A. Whoever, being a minor, makes a
false statement as to his age in order to procure a sale or
delivery of alcoholic beverages, either for his own use or
for the use of another, and whoever knowingly makes a
false statement as to the age of a minor in order to procure
a sale or delivery of such beverages to such minor, either
for the use of the minor or for the use of some other person,
and whoever induces a minor to make a false statement as
to his age in order to procure a sale or delivery of such
beverages to such minor, shall be punished by a fine of not
less than ten nor more than one hundred dollars.

Approved April 8, 1935.

G. L. (Ter.
Ed.), 138, new
section 34A,
added.

Sale, etc., of al-
coholic
beverages by
minors, prohi-
bited.

Penalty.

Chap. 147 An Act authorizing the lanesborough volunteer
firemen's association, inc., to extinguish fires.

Be it enacted, etc., as follows:

The Lanesborough Volunteer Firemen's Association, Inc.,
a corporation incorporated under the provisions of chapter
one hundred and eighty of the General Laws, is hereby
authorized and empowered to extinguish any fires in the
town of Lanesborough, and all officers and members of
said corporation, when so engaged in extinguishing fires
or going to and from said fires, shall have the same au-
thority and the same liabilities as members of fire depart-
ments organized under any provision of sections twenty-
nine to forty-one, inclusive, of chapter forty-eight of the
General Laws. Approved April 8, 1935.

Chap. 148 An Act relative to the observance each year of the
anniversary of the death of general marquis de
lafayette.

Be it enacted, etc., as follows:

Chapter six of the General Laws is hereby amended by
inserting after section twelve G, inserted by chapter
ninety-six of the acts of nineteen hundred and thirty-five,
Lafayette day. the followiug ucw sectiou : — Scction 12H. The governor
shall annually issue a proclamation calling for a proper
observance of May twentieth, the anniversary of the death
of General Marquis de Lafayette, revolutionary war hero,

G. L. (Ter.
Ed.), 6, new
section 12H,
added.

Acts, 1935. — Chaps. 149, 150, 151. 149

in lasting recognition of his gallant and illustrious service
in the war for American independence.

Approved April 8, 1935.

An Act relative to employment of counsel by boards QJiar) 149
OF assessors in certain cases.

Be it enacted, etc., as follows:

Chapter forty-one of the General Laws is hereby amended g. l. (Xer.
by inserting after section twenty-six, as appearing in the Action 2'6a!''
Tercentenary Edition, the following new section : — Section added.
26 A. The assessors, or selectmen acting as such, may menrof^™Sn-^"
employ counsel at the expense of the city or town to defend ^^^ ^y-
them in all proceedings under chapter fifty-eight A; pro-
vided, that if such city or town maintains a city solicitor or
town counsel the assessors, or selectmen acting as such,
shall not employ other counsel for such defense but shall
use such solicitor or counsel therefor, whose expenses
incurred in such defense shall be paid from his general
appropriation.

The foregoing restriction on the right of the assessors,
or selectmen acting as such, to employ counsel for such
purpose shall not apply in case the town has made an
appropriation covering the employment of counsel therefor.

Approved April 8, 1935.

An Act relative to the disclosure of certain tax (Jjidnj J5Q

returns.

Be it enacted, etc., as follows:

Section seventy-one A of chapter sixty-three of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, amended.^ ^^'^ '
is hereby amended by inserting after the word "proceedings"
in the first and second lines the words: — before the board
of tax appeals or, — so as to read as follows: — Section inspection of
71 A. Returns required by this chapter shall, except in ta7reu^n°
proceedings before the board of tax appeals or to collect
the taxes or enforce the penalties provided herein, be open
only to the inspection of the commissioner, his deputies,
clerks and assistants, and such other officers of the common-
wealth as may have occasion to inspect them for the purpose
of assessing or collecting taxes. Approved April 8, 1935.

An Act to authorize the city of boston to incur Chav. 151
liabilities and make expenditures in anticipation
of appropriations.

Be it enacted, etc., as follows:

Section 1. The city of Boston may incur liabilities
and make expenditures 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

150

Acts, 1935. — Chaps. 152, 153.

eighty-nine, in anticipation of appropriations therefor in
each of the years nineteen hundred and thirty-five and
nineteen hundred and thirty-six, to an amount not exceed-
ing for each department one half the entire amount appro-
priated for the department during the preceding year, any
provision of said section six, as so amended, to the con-
trary notwithstanding.

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

Approved April 10, 1935.

Chap.152

Emergency
preamble.

G. L. (Ter.
Ed.), 62, i 30,
amended.

Verification of
income tax
returns.

An Act relative to verification of income tax

RETURNS.

Be it enacted, etc., as follows:

Section thirty of chapter sixty-two of the General Laws,
as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the third and fourth lines, the
words ", if he has reason to believe the return to be fraudu-
lent or incorrect", — so as to read as follows: — Section
30. In order to verify any return made pursuant to
this chapter the commissioner may, within two years after
September first of the year in which such return was due,
direct by special authorization a deputy or other agent to
verify the return; and for the purpose of such verification
the books and papers of the person shall be open to the
examining officer, or shall be produced for the purpose
upon a summons, which the commissioner, or the examining
officer, may issue. The person making the return may be
examined by such officer on oath.

Approved April 10, 1935.

Chap. 15S An Act making residence in the city of boston a

NECESSARY QUALIFICATION FOR APPOINTMENTS HERE-
AFTER MADE TO THE POLICE FORCE OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. Section twelve of chapter two hundred
and ninety-one of the acts of nineteen hundred and six is
hereby amended by adding thereto the following new
paragraph : —

No person shall be appointed as an officer or member
of the Boston poHce force unless he has been a resident of
said city for at least two years immediately preceding the
date of his appointment.

Section 2. This act shall take effect upon its pas-
sage and shall apply only to appointments made thereafter.

Approved April 10, 1935.

Acts, 1935. — Chaps. 154, 155, 156. 151

An Act to approve, confirm and ratify certain acts (Jfiav 154

OF THE county COMMISSIONERS AND COUNTY TREASURER
OP BRISTOL COUNTY.

Be it enacted, etc., as follows:

Section 1. The acts of the county commissioners of
Bristol county in taking in fee the land of one John H.
Seaman in New Bedford in said county under order of
taking dated June nineteen, nineteen hundred and thirty-
four, office of the county commissioners of Bristol county,
for the purpose of altering or adding to the superior court
house land or buildings in the city of New Bedford or for
any other legal purpose and their approval of the payment
to said John H. Seaman of the sum of ten thousand dollars
in full and complete settlement and payment of damages
for the said taking, and the acts of the county treasurer of
Bristol county in paying to said Seaman the sum of ten
thousand dollars in full and complete settlement for the
taking of said land by said county commissioners and the
settlement of all land damages in connection with said
taking, are hereby ratified and confirmed, in so far as such
acts may be invalid by reason of lack of authority to make
such payment.

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

Approved April 10, 1935.

An Act relative to treatment by cities and towns of CJlidj) 155

INDIGENT PERSONS SUFFERING FROM GONORRHEA OR
SYPHILIS.

Be it enacted, etc., as follows:

Chapter one hundred and eleven of the General Laws is g. l. (Ter.
hereby amended by striking out section one hundred and ^mendll' ^ ^^^'
seventeen, as appearing in the Tercentenary Edition, and
inserting in place thereof the following: — Section 117. Treatment of
Each city or town shall provide for treatment, either in a dfs^lses!
hospital or as out-patients, of indigent persons suffering
from gonorrhea or syphilis. Approved April 10, 1935.

An Act authorizing the city of lynn to pay an annuity (Jfiav. 156

TO OR for the benefit OF THE WIDOW AND CHILDREN OF
JOHN F. SMITH.

Be it enacted, etc., as follows:

Section 1. The city of Lynn may pay an annuity under
the provisions of section eighty-nine of chapter thirty-two
of the General Laws, as most recently amended by chapter
three hundred and forty-three of the acts of nineteen
hundred and thirty-four, to or for the benefit of the widow
or for the benefit of the children of John F. Smith, who died
on August ninth, nineteen hundred and thirty-four, from
injuries received while in the performance of duty as a

152

Acts, 1935. — Chap. 157.

member of its police department, to the same extent as if
the injuries causing the death of said Smith had been
received after January first, nineteen hundred and thirty.
Section 2. This act shall take effect upon its accep-
tance during the current year by vote of the city council,
subject to the provisions of its charter.

Approved April 10, 1935.

G. L. (Ter.
Ed.), 94,
§152A, etc..
amended.

Business of
buying or sell-
ing poultry
to be licensed.

Chap. 157 An Act making certain changes in the laws relative

TO THE BUYING, SELLING AND TRANSPORTING OF LIVE
POULTRY.

Be it enacted, etc., as follows:

Section 1. Section one hundred and fifty-two A of
chapter ninety-four of the General Laws, inserted by
chapter two hundred and ninety-six of the acts of nine-
teen hundred and thirty-four, is hereby amended by strik-
ing out, in the fifth line, the words "one year from the date
of its issue" and inserting in place thereof the words: —
on December thirty-first of the year or part thereof for
which issued, — so as to read as follows: — Section 152 A.
No person shall engage regularly in the business of buying
or selhng poultry which is to be sold or used for food unless
he has a license from the commissioner of agriculture, the
fee for which shall not exceed two dollars. Such license
shall expire on December thirty-first of the year or part
thereof for which issued and may be revoked by the com-
missioner for cause and after a hearing. The commissioner
may make suitable rules or regulations governing the issue
of such licenses. The licensee shall affix or cause to be
affixed to each vehicle used in the business of baying or
selling poultry as aforesaid a certified copy of such license
in which such vehicle shall be particularly described. The
provisions of this section shall not require the licensing of
any merchant who does not go from place to place buying
or selling poultry nor of any producer.

The word "merchant", as used in this section, shall
include any wholesaler, jobber, commission merchant
or retailer dealing in poultry who has an established place
of business.

Section 2. Said chapter ninety-four is hereby further
amended by striking out section one hundred and fifty-
two B, inserted by said chapter two hundred and ninety-
six, and inserting in place thereof the following : — Section
152B. No person, other than a lawfully authorized
common or contract carrier, shall transport live poultry
in connection with the sale thereof, from place to place
upon any public highway or road unless he has in his
possession a bill of sale or memorandum signed by the
vendor and containing the vendor's address, the date of
sale, breed, weight, price and number of poultry, or such
information as will particularly describe such poultry and
establish the proper ownership thereof.

Approved April 10, 1935.

G. L. (Ter.
Ed.). 94,
§1523, etc.,
amended.

Transportation
of live poultry
regulated.

Acts, 1935. — Chaps. 158, 159.

153

G. L. (Ter.
Ed.), 59, § 57,
etc., amended.

Date for pay-
ment of taxes.

Interest on un-
paid taxes re-
duced.

An Act reducing the rates of interest on unpaid QliQ/n I5g

LOCAL taxes.

Be it enacted, etc., as follows:

Section 1. Chapter fifty-nine of the General Laws is
hereby amended by striking out section fifty-seven, as
most recently amended by section forty-two of chapter
two hundred and fifty-four of the acts of nineteen hundred
and thirty-three, and inserting in place thereof the fol-
lowing : — Section 57. Taxes shall be payable in every
city, town and district in which the same are assessed,
in two equal instalments, on July first and on October
first of each year, and bills for the same shall be sent out
not later than June fourteenth of each year. Interest
shall be paid at the rate of five per cent per annum on all
taxes remaining unpaid after November first of the year
in which they are payable, computed from October first
of such year, and, by way of penalty, at the additional
rate of one and one half per cent per annum on so much of
the taxes assessed to any taxpayer in any one city or town
and remaining unpaid after December thirty-first of the
year in which they are payable as is in excess of three
hundred dollars, computed from October first of such year.
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 Decem-
ber 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 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 10, 1935.

Application
of act.

An Act authorizing the town of warren to borrow Chav. 159

MONEY FOR BRIDGE PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of repairing or rebuilding
the East Main street bridge in Warren, the South street
bridge in West Warren, and the Bridge street bridge over
the Quaboag river, the town of Warren may borrow from
time to time, within a period of five years from the passage
of this act, such sums as may be necessary not exceeding,
in the aggregate, sixty-five hundred dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words, Warren Bridges Loan, Act of 1935. Each author-

154 Acts, 1935. — Chaps. 160, 161.

ized issue shall constitute a separate loan, and such loan
shall be paid in not more than ten years from their dates,
but no issue shall be authorized under this act unless a sum
equal to an amount not less than ten per cent of such
authorized issue is voted for the same purpose to be raised
in the tax levy of the year when authorized or appropriated
from available funds. Indebtedness incurred under this
act shall be within the statutory limit and shall, except as
provided herein, be subject to the provisions of chapter
forty-four of the General Laws, exclusive of the limitation
contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.

Approved April 15, 1935.

Chap. 160 An Act authorizing the filene cooperative asso-
ciation BENEFIT SOCIETY OF BOSTON TO PROVIDE HOS-
PITALIZATION BENEFITS AND HOSPITALIZATION TO ITS
MEMBERS.

Be it enacted, etc., as follows:

Section 1. The Filene Cooperative Association Benefit
Society, of Boston, a corporation organized under the laws
of the commonwealth of Massachusetts, is hereby author-
ized to provide hospitalization benefits and hospitalization,
where such is necessary, to any and all of its members.

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

Approved April 15, 1935.

Chap. 161 An Act to authorize the town of tisbury to borrow

MONEY FOR THE PURPOSE OF IMPROVING HARBOR FACILI-
TIES BY CONNECTING TASHMOO LAKE WITH VINEYARD
SOUND.

Be it enacted, etc., as follows:

Section 1. For the purpose of improving harbor
facilities by connecting Tashmoo lake with Vineyard
sound, the town of Tisbury may borrow inside the debt
limit from time to time, within a period of five years from
the passage of this act, such sums as may be necessary,
not exceeding, in the aggregate, thirty thousand dollars,
and may issue bonds or notes of the town therefor, which
shall bear on their face the words, Tisbury Harbor Improve-
ment Loan, Act of 1935. Each authorized issue shall
constitute a separate loan, and such loans shall be paid in
not more than ten years from their dates. Indebtedness
incurred under this act shall be subject to chapter forty-four
of the General Laws, including the limitation contained
in the first paragraph of section seven thereof.

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

Approved April 15, 1935.

Acts, 1935. — Chap. 162. 155

An Act authorizing banking institutions and insur- (Jfiav. 162

ANCE COMPANIES TO MAKE LOANS INSURED UNDER THE
PROVISIONS OF THE NATIONAL HOUSING ACT.

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 preserva-
tion of the public convenience.

Be it enacted, etc., as follows:

Section 1. Subject to such regulations as the com-
missioner of banks deems to be necessary or advisable
in respect to trust companies, savings banks, co-operative
banks or credit unions, and to such regulations as the com-
missioner of insurance deems to be necessary or advisable
in respect to insurance companies, any trust company,
savings bank, co-operative bank, credit union or insurance
company doing business in this commonwealth is author-
ized for a period of three years from the effective date of
this act:

(a) To make such loans and advances of credit and
purchases of obligations representing loans and advances
of credit as are insured pursuant to Title I, section two, of
an act of the congress of the United States of America
entitled "National Housing Act", and to obtain such
insurance,

(b) To make such loans secured by mortgages as are
insured pursuant to Title II of such National Housing Act
and to obtain such insurance.

(c) All trust companies, savings banks, co-operative
banks, credit unions and insurance companies are hereby
authorized to exercise any powers and to do any and all
things incidental or necessary to give effect to this act.

Section 2. During the period that the provisions of
this act are in force and effect, and with respect to the
obligation of any contract entered into during said period
under the provisions of this act, for the life of said obliga-
tion, no provisions of law limiting the ratio of the mort-
gage loan to the value of the property or the term of the
mortgage shall apply to loans made pursuant to section
one (a) and (b) of this act.

Section 3. Nothing contained in this act shall, unless
otherwise expressly provided therein, be deemed to abridge
any power or authority conferred upon the commissioner
of banks or the commissioner of insurance by any other
provision of law. Approved April 16, 1936.

156 Acts, 1935. — Chaps. 163, 164, 165.

Chap. 163 An Act abolishing the requirements as to visits by

AGENTS OF THE DEPARTMENT OF MENTAL DISEASES TO
certain persons under ITS CARE PLACED AT BOARD.

Be it enacted, etc., as follows:

G. L. (Ter. Section nineteen of chapter one hundred and twenty-

^eaied^* * ^^' three of the General Laws, as appearing in the Tercen-
tenary Edition, is hereby repealed.

Approved April 15, 1935.

Chap. 164 ^-^ ^^'^ REQUIRING NOTICE IN WRITING IN ORDER TO ESTAB-
LISH MUNICIPAL LIABILITY FOR RELIEF OF NEEDY PERSONS
IN CERTAIN CASES.

Be it enacted, etc., as follows:

G. L. (Ter. Chapter one hundred and seventeen of the General

^endVZ* ^ ^*' Laws is hereby amended by striking out section twenty-
four, as appearing in the Tercentenary Edition, and insert-
cities and ing in place thereof the following : — Section 24- Every
fo7s°uppo^t^of town shall be liable for any expense necessarily incurred
certain indigent undcr this chapter or under chapter one hundred and
persons. twcnty-two for the relief of a person in need of public

assistance therein by any person not liable by law for his
support, after notice and request made in writing to one
or more of the members of the board of public welfare
thereof, and until provision is made by them.

Approved April 15, 1935.

Chap. 165 An Act authorizing the town of Harwich to supply

ITSELF AND ITS INHABITANTS WITH WATER.

Be it enacted, etc., as follows:

Section 1. The town of Harwich may supply itself
and its inhabitants with water for the extinguishment of
fires and for domestic and other purposes; may establish
fountains and hydrants, relocate or discontinue the same,
and may regulate the use of such water and fix and collect
rates to be paid for the use of the same.

Section 2. For the purposes aforesaid, said town,
acting by and through its board of water commissioners
hereinafter provided for, may contract with any other
municipality, acting through its water department, or
with any water company, or with any water district, for
whatever water may be required, authority to furnish the
same being hereby granted, and may lease, or take by
eminent domain under chapter seventy-nine of the General
Laws, or acquire by purchase or otherwise, and hold, the
waters, or any portion thereof, of any pond, brook, spring
or stream or of any ground water sources, by means of
driven, artesian or other wells or filter galleries, within the
limits of said town, not already appropriated for purposes

Acts, 1935. — Chap. 165. 157

of public water supply, and the water rights connected
with any such water sources; and also for said purposes
may take by eminent domain under said chapter seventy-
nine, or acquire by purchase or otherwise, and hold, all
lands, rights of way and other easements necessary for
collecting, storing, holding, purifying and treating such
water and protecting and preserving the purity thereof and
for conveying the same to any part of said town; provided,
that no source of water supply and no lands necessary for
protecting and preserving the purity of the water shall be
taken or used without first obtaining the advice and
approval of the department of public health, and that the
location and arrangement of all dams, reservoirs, wells or
filter galleries, filtration and pumping plants or other works
necessary in carrying out the provisions of this act shall be
subject to the approval of said department. Said town
may construct and maintain on the lands acquired and held
under this act proper dams, wells, reservoirs, pumping and
filtration plants, buildings, standpipes, tanks, fixtures and
other structures, including also purification and treatment
works, the construction and maintenance of which shall be
subject to the approval of said department of public health,
and may make excavations, procure and operate machinery,
and provide such other means and appliances and do such
other things as may be necessary for the establishment
and maintenance of complete and effective water works;
and for that purpose may construct, lay and maintain
aqueducts, conduits, pipes and other works, under or over
any lands, water courses, railroads, railways and public or
other ways, and along any such way in said town in such
manner as not unnecessarily to obstruct the same; and
for the purposes of constructing, laying, maintaining,
operating and repairing such conduits, pipes and other
works, and for all other proper purposes of this act, said
town may dig up or raise and embank any such lands,
highways or other ways in such manner as to cause the
least hindrance to public travel thereon; provided, that
all things done upon any such way shall be subject to the
direction of the selectmen of said town. Said town shall
not enter upon, construct or lay any conduits, pipes or
other works within the location of any railroad corpora-
tion except at such time and in such manner as it may
agree upon with such corporation or, in case of failure so
to agree, as may be approved by the department of public
utilities. Said town may enter upon any lands for the
purpose of making surveys, test pits and borings, and may
take or otherwise acquire the right to occupy temporarily
any lands necessary for the construction of any work or for
any other purpose authorized by this act.

Section 3. The land, water rights and other property
taken or acquired under this act, and all works, buildings
and other structures erected or constructed thereunder,
shall be managed, improved and controlled by the board of

158 Acts, 1935. — Chap. 165.

water commissioners hereinafter provided for, in such
manner as they shall deem for the best interest of the town.

Section 4. Any person or corporation injured in his
or its property by any action of said town or board under
this act may recover damages from said town under said
chapter seventy-nine; provided, that the right to damages
for the taking of any water, water source or water right,
or any injury thereto, shall not vest until the water is
actually withdrawn or diverted by said town under author-
ity of this act.

Section 5. Said town may, for the purpose of paying
the necessary expenses and liabilities incurred or to be
incurred under the provisions of this act, other than ex-
penses of maintenance and operation, issue from time to
time bonds or notes to an amount, not exceeding, in the
aggregate, two hundred thousand dollars, which shall
bear on their face the words. Town of Harwich Water Loan,
Act of 1935. Each authorized issue shall constitute a
separate loan, and such loans shall be payable in not more
than thirtj'- years from their dates. Indebtedness incurred
under this act shall be subject to chapter forty-four of the
General Laws.

Section 6. Said town shall, at the time of authorizing
said loan or loans, provide for the payment thereof in
accordance with the provisions of section five; and when a
vote to that effect has been passed, a sum which, with the
income derived from the water rates, will be sufficient to
pay the annual expense of operating its water works or the
purchasing of water and the maintenance of its pipe lines,
as the case may be, and the interest as it accrues on the
bonds or notes issued as aforesaid, and to make such pay-
ments on the principal as may be required under the
provisions of this act, shall without further vote be assessed
by the assessors of said town annually thereafter in the
same manner as other taxes, until the debt incurred by
the said loan or loans is extinguished.

Section 7. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said town under the authority and
for the purposes of this act, shall forfeit and pay to said
town three times the amount of damages assessed therefor,
to be recovered in an action of tort; and upon conviction
of any one of the above wilful or wanton acts shall be
punished by a fine of not more than three hundred dollars
or by imprisonment for not more than one year.

Section 8. The selectmen of said town shall serve
as water commissioners until the election and qualification
of water commissioners at the annual meeting in nineteen
hundred and thirty-six or at such later date, if any, as the
town may elect water commissioners. Whenever the
phrase "said board of water commissioners" or "said board"
or "said commissioners" occurs in this act it shall mean and

Acts, 1935. — Chap. 165. 159

include the board of water commissioners or the selectmen
acting as such, as the case may be. Said town shall at the
annual meeting in nineteen hundred and thirty-six or at
such later date, if any, as it may vote at a meeting called
for the purpose elect by ballot three persons to hold office,
one until the expiration of three years, one until the expira-
tion of two years, and one until the expiration of one year,
from the next succeeding annual town meeting, to consti-
tute a board of water commissioners; and at the annual
town meeting held on the day on which the shortest of
such terms expires, and at each annual town meeting
thereafter, one such commissioner shall be elected by ballot
for the term of three years. All the authority granted to
the town by this act, except sections five and six, and not
otherwise specially provided for, shall be vested in said
board of water commissioners, who shall be subject, how-
ever, to such instructions, rules and regulations as said
town may impose by its vote. A majority of said com-
missioners shall constitute a quorum for the transaction of
business. After the election of a board of water com-
missioners under authority of this section, any vacancy
occurring in said board from any cause may be filled for the
remainder of the unexpired term by said town at any legal
town meeting called for the purpose. Any such vacancy
may be filled temporarily in the manner provided by sec-
tion eleven of chapter forty-one of the General Laws, and
the person so appointed shall perform the duties of the office
until the next annual meeting of said town or until another
person is qualified.

Section 9. Said commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income of
the water works shall be appropriated to defray all operating
expenses, interest charges and payments on the principal
as they accrue upon any bonds or notes issued under
authority of this act. If there should be a net surplus
remaining after providing for the aforesaid charges, it may
be appropriated for such new construction as the water
commissioners, with the approval of the town, may de-
termine upon, and in case a surplus should remain after
payment for such new construction the water rates shall
be reduced proportionately. All authority vested in said
commissioners by the foregoing provisions of this section
and by section three shall be subject to the provisions of
section eight. Said commissioners shall annually, and as
often as the town may require, render a report upon the
condition of the works under their charge, and an account
of their doings, including an account of the receipts and
expenditures.

Section 10. This act shall take effect upon its accept-
ance by a majority of the voters of the town of Harwich
present and voting thereon at a town meeting called for

160

Acts, 1935. — Chaps. 166, 167.

the purpose within three years after its passage; but the
number of meetings so called in any year shall not exceed
three. Approved April 15, 1935.

Chap. 166 An Act authorizing the trustees of boston university

TO MAKE contracts TO PAY ANNUITIES AND VALIDATING
CERTAIN CONTRACTS ALREADY MADE BY SAID CORPORATION.

Be it enacted, etc., as follows:

Section 1. The Trustees of Boston University, 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 validated. Approved April 15, 1935.

G. L. (Ter.
Ed.), 140, § 10,
amended.

Liability of
innholder for
loss of prop-
erty.

Chap. 167 A.N Act regulating the liability of innholders for

LOSS of property.

Be it enacted, etc., as follows:

Section ten of chapter one hundred and forty of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by striking out, in the fourth hne, the
word "five" and inserting in place thereof the word: —
three, — and by striking out, in the sixth line, the word
"three" and inserting in place thereof the word: — one, —
so as to read as follows: — Section 10. An innholder shall
not be liable for losses sustained by a guest except of wear-
ing apparel, articles worn or carried on the person, personal
baggage and money necessary for traveling expenses and
personal use, nor shall such guest recover of an innholder
more than three hundred dollars as damages for any such
loss; but an innholder shall be liable in damages to an
amount not exceeding one thousand dollars for the loss of
money, jewels and ornaments of a guest specially deposited
for safe keeping, or offered to be so deposited, with such
innholder, person in charge at the office of the inn, or other
agent of such innholder authorized to receive such deposit.
This section shall not affect the innholder's liability under
any special contract for other property deposited with
him for safe keeping after being fully informed of its nature
and value, nor increase his liability in case of loss by fire
or overwhelming force beyond that specified in the following
section. Approved April 15, 1935.

Acts, 1935. — Chaps. 168, 169. 161

An Act subjecting the office of the commissioner of (JJidj) \Qg
soldiers' relief and state and military aid of the
city of fitchburg to the civil service laws.

Be it enacted, etc., as follows:

Section 1. The oflfice of commissioner of soldiers'
relief and state and military aid of the city of Fitchburg
shall, upon the effective date of this act, become subject to
the civil service laws and rules and regulations, and the
term of ofl&ce of any incumbent thereof shall be unlimited,
subject, however, to such laws; but the person holding said
office on said effective date may continue therein without
taking a civil service examination.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Fitchburg 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-five,
entitled 'An Act subjecting the Office of the Commissioner
of Soldiers' Relief and State and Military Aid of the City of
Fitchburg to the Civil Service Laws', be accepted?" If a
majority of the voters voting thereon vote in the affirma-
tive in answer to said question, this act shall thereupon
take effect, but not otherwise. Approved April 15, 1935.

An Act permitting indoor basket ball games during (Jhnj) 169

CERTAIN HOURS ON THE LORd's DAY, ^'

Be it enacted, etc., as follows:

Chapter one hundred and thirty-six of the General g. l. (Ter.
Laws is hereby amended by striking out section twenty- ^tllameAded.^'
one, as most recently amended by chapter one hundred
and four of the acts of the current year, and inserting in
place thereof the following: — Section 21. In any city Basketball
which accepts sections twenty-one to twenty-five, inclusive, LoTd'sday.
by vote of its city council and in any town which accepts
said sections by vote of its inhabitants, it shall be lawful
to take part in or witness any athletic outdoor sport or
game on the Lord's day between the hours of one thirty
and six thirty post meridian, or any indoor hockey game on
the said day between the hours of one thirty and eleven
post meridian, or any indoor basket ball game on the said
day between the hours of three and seven post meridian,
as hereinafter provided. Approved April 15, 1935.

162 Acts, 1935. — Chaps. 170, 171.

Chap. 170 An Act subjecting the offices of commissioner of
soldiers' relief and state and military aid and
supervisor of soldiers' and sailors' graves in the

city of WORCESTER TO THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of commissioner of soldiers'
relief and state and military aid and the office of supervisor
of soldiers' and sailors' graves in the city of Worcester
shall, upon the effective date of this act, become subject
to the civil service laws and rules and regulations, and the
terms of office of any incumbents thereof shall be unlimited,
subject, however, to such laws; but the persons holding
said offices on said effective date may respectively continue
therein without taking a civil service examination.

Section 2, This act shall be submitted for acceptance
to the registered voters of the city of Worcester at the
biennial 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-
five, entitled 'An Act subjecting the Offices of Commissioner
of Soldiers' Relief and State and Military Aid and Super-
visor of Soldiers' and Sailors' Graves in the City of
Worcester to the Civil Service Laws', be accepted?" If a
majority of the voters voting thereon vote in the affirmative
in answer to said question, this act shall thereupon take full
effect, but not otherwise. Approved April 15, 1936.

Chap. 171 An Act modifying certain building restrictions on

CERTAIN LAND ADJACENT TO THE REVERE BEACH PARKWAY
IN THE CITY OF EVERETT.

Be it enacted, etc., as follows:

The restriction imposed on land lying adjacent to the
Revere Beach parkway, with respect to the erection of
buildings and other structures thereon, by an instrument
of taking executed by the metropolitan park commis-
sioners, dated November eighth, eighteen hundred and
ninety-nine, and recorded in the Middlesex south district
registry of deeds, book two thousand seven hundred and
eighty-six, page two hundred and ninety-four, and accom-
panied by the official plan, numbered two hundred and
nineteen, of said commissioners, is hereby released and
annulled in so far as it affects land bordering on the north-
erly side of said parkway in the city of Everett within a
distance of one hundred and sixty-two feet westerly from
the westerly boundary line of land described in said in-
strument of taking as belonging to P. Willner.

Approved April 15, 1935

Acts, 1935. — Chaps. 172, 173. 163

An Act relative to the deposit in the commercial (JJidj) 172

DEPARTMENT OF TRUST COMPANIES OF CERTAIN FUNDS
HELD IN THE TRUST DEPARTMENT.

Be it enacted, etc., as follows:

Section 1. Section fifty-four of chapter one hundred g. l. (Ter.
and seventy-two of the General Laws, as amended by ^tcil'amendld*'
section twenty-four of chapter three hundred and forty-nine
of the acts of nineteen hundred and thirty-four, is hereby
further amended by striking out all after the word "thereof"
in the ninth line, — so as to read as follows: — Section 64. Trust funds
Money, property or securities received, invested or loaned specfafdepoTit.
under the provisions of sections fifty to fifty-two, inclusive,
shall be a special deposit in such corporation, and the
accounts thereof shall be kept separate. Such funds and
the investment or loans thereof shall be specially appro-
priated to the security and payment of such deposits,
shall not be mingled with the investments of the capital
stock or other money or property belonging to such cor-
poration, or be liable for the debts or obligations thereof.

Section 2. Said chapter one hundred and seventy- g. l. (Ter.
two is hereby amended by inserting after said section ^ction^5^4Af'*
fifty-four the following new section: — Section 5 4 A. Not- added,
withstanding any provision of section fifty-four, funds held Exceptions.
in the trust department of any trust company, whether or
not incorporated as such, awaiting investment or distribu-
tion may be deposited in its commercial department if
such corporation shall first transfer to its trust department
to be held as security therefor bonds, notes, bills and
certificates of indebtedness of the United States or of this
commonwealth, or any of them, of an aggregate value of
not less in amount than funds so deposited, and shall at all
times maintain the value of such security at such amount.

Approved April 16, 1935.

An Act relating to sale of lands of low value held by ni^nr) 1 73
cities or towns under tax titles. ^'

Be it enacted, etc., as follows:

Section 1. Section seventy-nine of chapter sixty of g. l. (Ter.
the General Laws, as most recently amended by section ^tc!^ amended!'
fourteen of chapter three hundred and twenty-five of the
acts of nineteen hundred and thirty-three, is hereby further
amended by inserting after the word "sale" in the sixth
line of the second paragraph, as appearing in said section
fourteen, the following: — ; provided, that the treasurer
at such auction may reject any bid which he deems inade-
quate, — and by inserting after the word "bidder" in the
eleventh line the words: — whose bid has not been rejected
as inadequate, — so that said second paragraph of said
section seventy-nine will read as follows : —

164

Acts, 1935. — Chap. 174.

Sale of lands
under tax
titles.

G. L. (Ter.
Ed.), 60, § 80,
etc., amended.

Proceeding
upon lack of
bids, etc., at
sale.

Upon the recording thereof the treasurer may sell all
the parcels included therein, severally or together, at
pubhc auction to the highest bidder, first giving notice
of the time and place of sale by posting a notice of the sale
in some convenient and public place in the town fourteen
days at least before the sale; provided, that the treasurer
at such auction may reject any bid which he deems inade-
quate. If the sale under this section shall not be made
within four years from said taking or purchase, it shall be
made by the treasurer for the time being when he deems
best, or at once upon service on him of a written demand by
any person interested therein. The treasurer shall exe-
cute and deliver to the highest bidder whose bid has not
been rejected as inadequate a deed, without covenant
except that the sale has in all particulars been conducted
according to law. Title taken pursuant to a sale under this
section shall be absolute upon the recording of the deed
of the treasurer in the proper registry of deeds within sixty
days of its date.

Section 2. Said chapter sixty is hereby further amended
by striking out section eighty, as most recently amended
by section fifteen of said chapter three hundred and twenty-
five, and inserting in place thereof the following: — Section
80. If no person bids at such a sale or if no bid deemed
adequate by the treasurer is made thereat and if the sale
has been adjourned one or more times, the treasurer shall
then and there make public declaration of the fact, and if
no bid or no bid deemed adequate as aforesaid is then made
he shall give public notice that he purchases for the town
by which the tax is assessed ; or if the person to whom the
land is sold does not within ten days pay to the treasurer
the sum bid by him the sale shall be void and the town shall
be deemed to be the purchaser of the land. If the town
becomes the purchaser hereunder, the treasurer shall
execute to it a deed which shall set forth the fact that no
bid or no bid deemed adequate as aforesaid was made at
the sale or that the purchaser failed to pay the amount bid,
as the case may be. The title of the town to land conveyed
by deed of the treasurer under this section shall be absolute
upon the recording of said deed in the proper registry of
deeds within sixty days of its date.

Approved April 15, 1935.

ChaV. 174 ^N ^^'^ RELATIVE TO THE DEPOSIT OF FUNDS OF CO-OPERA-
TIVE BANKS IN COMMERCIAL BANKS UNDER CERTAIN
LIMITATIONS.

Be it enacted, etc., as follows:
G. L. (Ter. Scctiou tweuty-five of chapter one hundred and seventy

^tc'^'amendld^' ^^ ^^^ General Laws, as appearing in chapter one hundred
and forty-four of the acts of nineteen hundred and thirty-
three, is hereby amended by adding at the end therepf the
following new sentence : —

Acts, 1935. — Chaps. 175, 176.

165

The corporation may deposit not more than two and one co-operatiye
half per cent of its share HabiUties or ten thousand dollars, banks limit of

1-1 • J.T- J. • 1. 1 11- • deposits in

whichever is the greater, in each and any banking associa- commercial
tion incorporated under the authority of the United States ^''°''^-
and located in this commonwealth, and in each and any
trust company incorporated in this commonwealth; pro-
vided, that any such deposit, if it exceeds ten thousand
dollars, shall not be more than twenty-five per cent of the
capital stock and surplus fund of such association or trust
company. Approved April 15, 1935.

An Act authorizing the town of brewster to appro- ChaT) 175

PRIATE MONEY FOR PUBLIC AMUSEMENTS.

Be it enacted, etc., as follows:

Section 1. The town of Brewster may, by a two thirds
vote, appropriate each year a sum not exceeding five
hundred dollars for providing amusements or entertain-
ments of a public character. Money so appropriated shall
be expended under the direction of the board of selectmen.

Section 2. This act shall take effect upon its acceptance
by vote of the inhabitants of said town at a regular or spe-
cial town meeting. Approved April 15, 1935.

An Act perfecting provisions of law regulating the (Jhn^ 175
non-criminal disposition of parking violations, ^'

so called.

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

Be it enacted, etc., as follows:

Chapter ninety of the General Laws is hereby amended Sj^io^5-2o\
by striking out section twenty A, as appearing in section etc;, amended. '
one of chapter three hundred and sixty-eight of the acts of
nineteen hundred and thirty-four, and inserting in place
thereof the following: — Section 20 A. It shall be the duty Non-criminai
of any pohce officer who takes cognizance of a violation of cert^n*^p°a°king
any provision of any rule, regulation, order, ordinance or by- violations.
law regulating the parking of motor vehicles established
by any city or town or by any commission or body em-
powered by law to make such rules or regulations therein,
forthwith to give to the offender a notice to .appear before
the clerk of the district court having jurisdiction, at any
time during office hours not later than ten days after the
time of said violation. Such notice shall be made in
triphcate, and shall contain the name and address of the
offender and, if served with notice in hand at the time of
such violation, the number of his license, if c^ny, to operate
motor vehicles; the registration number of the vehicle in-
volved, the time and place of the violation, the specific
offence charged, and the time and place for appearance.

166 Acts, 1935. — Chap. 176.

Such notice shall be signed by the officer, and shall be
signed by the offender whenever practicable in acknowledg-
ment that the notice has been received. The olhcer shall
if possible deliver to the offender at the time and place of
the violation a copy of said notice. Whenever it is not
possible to deliver a copy of said notice to the offender at
the time and place of the violation, said copy shall be sent
by the officer within twenty-four hours of the offence by
registered mail directed to the address of the registrant of
the motor vehicle involved, as appearing in the records of
the registry of motor vehicles. At the completion of each
tour of duty the officer shall give to his commanding officer
two copies of each notice delivered or mailed as aforesaid.
Said commanding officer shall retain and safely preserve
one of said copies, and shall, at a time not later than
the beginning of the next court day, deliver the other copy
remaining in his possession to the clerk of the court before
whom the offender has been notified to appear.

The clerk of each district court shall maintain a separate
docket of all such notices to appear. In case any offender
fails to appear in accordance with such notice issued to
him, the clerk shall notify the registrar, who shall forthwith
suspend the right of such person to operate motor vehicles,
or his license, if any, to operate the same, and shall not
reinstate such right or license or issue a renewal thereof to
such person until after notice from the clerk of the court
disposing of the resulting criminal case that the same
has been disposed of in accordance with law.

Any person notified to appear before the clerk of a dis-
trict court as provided herein, instead of appearing per-
sonally may appear through any person duly authorized
by him in writing. Any such offender, or in his absence a
person authorized, may request the clerk of the court that
the offence charged be taken for confessed, and if it appears
that it is the first offence charged against such offender
for a violation of any provision mentioned in this section
committed within the jurisdiction of such court within a
calendar year, said clerk shall dismiss the charge without
payment of any fine or forfeiture, which proceedings shall
not be deemed criminal, and shall warn the offender or
person authorized, as the case may be, that the offender
will be subject to a fine or forfeiture for another such
offence committed within such calendar year, and if it
appears that it is a second or third offence as aforesaid so
committed within such calendar year, the offender or
person authorized may pay to said clerk one dollar, in
case of such second offence, or two dollars, in case of such
third offence. Whenever it becomes necessary to ascertain
whether a person owning two or more motor vehicles is
chargeable as such owner with a first, second, third, fourth
or subsequent offence hereunder, such question shall, in
the case of vehicles singly registered, be determined sepa-
rately with respect to the particular vehicle involved in

Acts, 1935. — Chap. 177. 167

such violation and, in the case of vehicles subject to sec-
tion five, with respect to the particular register number
plates used on the vehicle involved in such violation at
the time thereof.

The payment of the fine or forfeiture to the clerk of the
court in the manner herein provided shall operate as a
final disposition of the case, and the proceedings shall not
be deemed criminal.

Should any person notified to appear hereunder fail to
appear and, if a fine or forfeiture is provided hereunder,
to pay the same, or having appeared shall desire not to
avail himself of the benefits of the procedure established
by this section, or should the charge be the fourth or subse-
quent offence charged against such person for a violation
of any provision mentioned in this section committed within
the jurisdiction of the district court within a calendar year,
the clerk shall as soon as may be notify the officer con-
cerned, who shall forthwith make a complaint and follow
the procedure established for criminal cases. The clerk
of any court finally disposing of such a criminal case
instituted because of failure to appear and, if a fine or
forfeiture is provided hereunder, to pay the same, as
hereinbefore provided, shall forthwith notify the registrar
that such case has been so disposed of. The notice to
appear, provided herein, shall be printed in such form as
the chief justice of the municipal court of the city of Boston
may prescribe for said court and as the administrative
committee of district courts as created by section forty-
three A of chapter two hundred and eighteen may pre-
scribe for district courts other than said municipal court.
The clerks of the district courts shall distribute such notices
to the commanding officers of police departments upon
request, and shall take a receipt therefor.

Approved April 16, 1935.

An Act authorizing the town of nahant to borrow (7/^^^) 177
money for the purpose of reconstructing tudor ^'

WHARF.

Be it enacted, etc., as follows:

Section 1. For the purpose of reconstructing Tudor
wharf, the town of Nahant may borrow from time to time,
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding, in the
aggregate, twelve thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words,
Nahant Wharf Loan, Act of 1935. Each authorized issue
shall constitute a separate loan, and such loans shall be paid
in not more than five years from their dates, but no issue
shall be authorized under this act unless a sum equal to an
amount not less than ten per cent of such authorized issue
is voted for the same purpose to be raised by the tax levy

168

Acts, 1935. — Chaps. 178, 179.

of the year when authorized. 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.

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

Approved April 17, 1935.

Chap. 178 An Act authorizing the town of Randolph to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of purchasing and installing
ventilating and sanitary systems in the Prescott grammar
and Prescott primary school buildings, the town of Ran-
dolph may borrow from time to time, within a period of
five years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, twelve thou-
sand dollars, and may issue bonds or notes therefor, which
shall bear on their face the words, Randolph School Loan,
Act of 1935. Each authorized issue shall constitute a
separate loan, and such loans shall be paid in not more
than ten years from their dates, but no issue shall be
authorized under this act unless a sum equal to an amount
not less than ten per cent of such authorized issue is voted
for the same purpose to be raised by the tax levy of the
year when authorized. Indebtedness incurred under this
act shall be within the statutory limit, but 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.

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

Approved April 17, 1935.

An Act authorizing municipalities to effect insur-
ance PROVIDING indemnity FOR OR PROTECTION TO THEIR
OFFICERS AND EMPLOYEES AGAINST LOSS BY REASON OF
LIABILITY FOR PROPERTY DAMAGE CAUSED BY THEIR
OPERATION OF MUNICIPALLY OWNED VEHICLES.

Whereas, The deferred operation of this act would tend
to defeat its purpose, which is in part to authorize imme-
diate insurance against liability for property damage for
officers and employees operating municipally owned
vehicles, 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 five of chapter forty of the General Laws is
hereby amended by striking out clause (1), as most recently
amended by chapter one hundred and six of the acts of
nineteen hundred and thirty-five, and inserting in place
thereof the following: — (1) To pay a proper charge of an

Chap.179

Emergency
preamble.

G.L. (Ter.
Ed.), 40. § 5,
etc., amended.

Municipalities

Acts, 1935. — Chap. 180. 169

insurance company for acting as surety on the official bond may insure
of any town officer, or to pay a proper charge for effecting oferlting'^"
insurance providing indemnity for or protection to any motor vehicles.
officer or employee of the town against loss by reason of
his liability to pay damages to others for bodily injuries,
including death at any time resulting therefrom, or for
damage to property, caused by the operation, within the
scope of his official duties or employment, of motor or other
vehicles owned by the town, to an amount not exceeding
five thousand dollars on account of injury to or death of
one person, and not exceeding one thousand dollars on
account of damage to property, or to pay a proper charge for
effecting insurance providing indemnity for or protection
to any of the officers or employees of the town named in
section one hundred of chapter forty-one against loss by
reason of any expenses or damages within the provisions of
the said section. Approved April 17, 1935.

An Act subjecting the offices of chief engineer of nhn'n IRQ

THE FIRE DEPARTMENT AND OF CHIEF OF POLICE OF THE "'

CITY OF TAUNTON TO THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The offices of chief engineer of the fire
department and of chief of police of the city of Taunton
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 in cities, and of
police departments of cities other than Boston, and the
terms of office of any incumbents thereof shall be unlimited,
subject to such laws; but the persons holding said offices
on said effective date shall respectively continue to serve
therein without taking a civil service examination.

Section 2. So much of section seventeen of chapter
four hundred and forty-eight of the acts of nineteen hundred
and nine or any other general or special act as is inconsistent
herewith is hereby repealed.

Section 3. This act shall be submitted for acceptance
to the registered voters of the city of Taunton at its annual
municipal 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-five, entitled 'An Act subjecting the Offices of Chief
Engineer of the Fire Department and of Chief of Police
of the City of Taunton to the Civil Service Laws', 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; but not otherwise.

Approved April 17, 1935.

170

Acts, 1935. — Chaps. 181, 182.

G. L. (Ter.
Ed.). 60. S 84A,
etc., amended.

Refunds to
holders of tax
titles ad-
judged
invalid.

Chap. 181 An Act relative to refunds to holders of tax titles

JUDICIALLY ADJUDGED INVALID.

Be it enacted, etc., as follows:

Section 1. Chapter sixty of the General Laws is
hereby amended by striking out section eighty-four A, as
most recently amended by section sixteen of chapter three
hundred and twenty-five of the acts of nineteen hundred
and thirty-three, and inserting in place thereof the follow-
ing:— Section 84.A. If a tax title is for any reason ad-
judged invalid by a court of competent jurisdiction, the
clerk, upon request, shall issue a certificate to that effect.
The treasurer of the city or town where the land affected
by such a tax title is situated, upon receipt of a release by
the holder of said title of all the interest which he may
have under his tax deed, together with such a certificate,
shall refund to such holder the amount paid therefor but not
exceeding the amount received by the city or town, with
interest at the rate of six per cent per annum for a period
of not exceeding two years from the date of the tax deed.
The treasurer shall forthwith record said release in the
proper registry of deeds, and thereupon, if the said invalid-
ity was caused by an error, omission or informality in the
assessment of the tax, the treasurer shall notify the board
by which the tax or assessment was laid, which shall forth-
with reassess it as provided in section seventy-seven of
chapter fifty-nine; and if such invalidity was caused by
an error, omission or informality in the proceedings of the
collector, the treasurer shall thereupon notify the collector
who shall forthwith collect the unpaid tax or assessment in
conformity to law.

Section 2. This act shall apply to all tax titles created
on or after July first, nineteen hundred and fifteen, here-
after adjudged invalid. Approved April 17, 1935.

Application
of act.

Chap. 182 An Act subjecting to classification that portion of
the salaries of the court officers and messenger

OF THE supreme JUDICIAL COURT IN SUFFOLK COUNTY
payable by SAID COUNTY.

Be it enacted, etc., as follows:

g. L. (Ter. SECTION 1. Scctiou forty-nine of chapter thirty-five

amended. * ^^' ^^ ^^^ General Laws, as appearing in the Tercentenary

Edition, is hereby amended by inserting after the word

"officers" in the eighth line the words: — but including

the officers described in section seventy-three and the first

sentence of section seventy-six of chapter two hundred

Classification and twcuty-one, — so as to read as follows: — Section 49.

oertain"ounty Evcry office and position whereof the salary is wholly

employees. payable from the treasury of one or more counties, or from

funds administered by and through county officials, except

Acts, 1935. — Chap. 182.

171

the offices of county commissioners and associate county
commissioners, justices and special justices of the district
courts, clerks and assistant clerks of the district courts
other than the municipal court of the city of Boston, trial
justices, other offices and positions filled by appointment of
the governor with the advice and consent of the council,
and probation officers, but including the officers described
in section seventy-three and the first sentence of section
seventy-six of chapter two hundred and twenty-one, shall
be classified by the board in the manner provided by sec-
tions forty-eight to fifty-six, inclusive, and every such office
and position, now existing or hereafter established, shall
be allocated by the board to its proper place in such clas-
sification. Offices and positions in the service of any
department, board, school or hospital principally supported
by the funds of the county or counties, or in the service of
a hospital district established under sections seventy-
eight to ninety-one, inclusive, of chapter one hundred and
eleven, shall likewise be subject to classification as afore-
said. The word "salary", as used in this section, shall
include compensation, however payable; but nothing in
sections forty-eight to fifty-six, inclusive, and nothing done
under authority thereof, shall prevent any person from
continuing to receive from a county such compensation
as is fixed under authority of other provisions of law or as is
expressly established by law.

Section 2. Chapter two hundred and twenty-one of
the General Laws is hereby amended by striking out section
seventy-three, as so appearing, and inserting in place thereof
the following: — Section 73. In addition to the amount of
salary payable by Suffolk county, fixed under the provi-
sions of sections forty-nine to fifty-six, inclusive, of chapter
thirty-five, to each officer, not exceeding six, in attendance
upon the supreme judicial court in said county, there shall
annually be paid by the commonwealth to each such officer
the sum of five hundred and twenty-eight dollars.

Section 3. Said chapter two hundred and twenty-
one is hereby further amended by striking out section
seventy-six, as so appearing, and inserting in place thereof
the following: — Section 76. In addition to the amount
of salary payable by Suffolk county, fixed under the provi-
sions of sections forty-nine to fifty-six, inclusive, of chap-
ter thirty-five, to the messenger of the justices of the
supreme judicial court in said county, there shall annually
be paid by the commonwealth to such messenger the sum
of four hundred dollars. The messenger of the superior
court in said county shall also act as clerical assistant of
the justices of said court. His salary shall be paid by said
county and shall be in full for his services in both capacities.

Section 4. Section eighty of said chapter two hundred
and twenty-one, as so appearing, is hereby amended by
inserting after the word "the" in the sixth line the words: —
supreme judicial or, — and by striking out all after the

G. L. (Ter.
Ed.). 221, } 73,
amended.

Salaries of
court officers
in supreme
judicial court
in Suffolk
county.

G. L. (Ter.
Ed.), 221, § 76.
amended.

Duties and
salaries of mes-
sengers in Suf-
folk county.

G. L. (Ter.
Ed.). 221, } 80,
amended.

172

Acts, 1935. — Chap. 183.

Court oflScers,
uniforms of.

word "counties" in the eighth Hne, — so as to read as
follows : — Section 80. Court officers receiving stated sala-
ries and deputy sheriffs in attendance upon the supreme ju-
dicial or superior court in Suffolk, Middlesex and Worces-
ter counties shall, while on duty in said courts, wear
uniforms which shall be designated by the sheriff of the
county. Such uniforms for court officers aforesaid in
attendance upon either court in Middlesex or Worcester
county or upon the supreme judicial or superior court in
Suffolk county shall be furnished at the expense of their
respective counties.

Section 5. The amount of the salaries established
under sections two and three of this act as payable by
Suffolk county shall be determined as if subject to classifi-
cation on January first, nineteen hundred and thirty-five,
and section fifty of chapter three hundred and one of the
acts of nineteen hundred and thirty-one shall apply thereto.
Section 6. This act shall take effect upon its accept-
acceptance. etc. auce, duriug the current year, by vote of the city council
of the city of Boston, subject to the provisions of its
charter. Approved April 17, 1935.

Date of salary
increases fixed.

Effective upon

G. L. (Ter.
Ed.), 60, § 43,
etc., amended.

Tax title sale.
Buyers to
make deposit
at time of sale.

Chap. 183 An Act requiring tax title buyers, so called, of

REAL ESTATE TO MAKE IMMEDIATE DEPOSITS ON ACCOUNT
OF THE PURCHASE MONEY THEREFOR.

Be it enacted, etc., as follows:

Section forty-three of chapter sixty of the General Laws,
as most recently amended by section two of chapter fifty-
four of the acts of nineteen hundred and thirty-two, is
hereby further amended by striking out, in the sixth line
as appearing in the Tercentenary Edition, the word "may"
and inserting in place thereof the word: — shall, — so as
to read as follows: — Section 43. If the taxes are not
paid, the collector shall, at the time and place appointed
for the sale, sell by public auction, for the amount of the
taxes and interest, if any, and necessary intervening charges,
the smallest undivided part of the land which will bring
said amount, or the whole for said amount, if no person
offers to take an undivided part; and shall at such sale
require of the purchaser an immediate deposit of such sum
as he considers necessary to insure good faith in payment
of the purchase money, and, on failure of the purchaser
to make such deposit forthwith, the sale shall be void and
another sale may be made as provided in this chapter.
The word "taxes", as used in this section, shall include the
following charges which constitute liens upon the land and
have lawfully been placed upon the annual tax bill: —
(a) All betterment and other assessments, or portions
thereof, (6) all district taxes, and (c) all water rates.

Approved April 17, 1985.

Acts, 1935. — Chaps. 184, 185, 186. 173

An Act relative to the observance each year of (JJiaj) 184

INDIAN DAY.

Be it enacted, etc., as follows:

Chapter six of the General Laws is hereby amended by g. l. (Ter.
inserting after section twelve H, inserted by chapter one Action m?^
hundred and forty-eight of the acts of the current year, the added.
following new section: — Section 121. The governor shall Indian day,
annually issue a proclamation setting apart a day as Indian °b»<='"^*"'=e °f-
Day and recommending that it be observed by the people
with appropriate exercises in the public schools and other-
wise commemorative of the Indian tribes of Massachusetts.

Approved April 17, 1935.

An Act providing for one day of rest in seven for Chap. 185

WATCHMEN AND GUARDS IN BANKS.

Be it enacted, etc., as follows:

Chapter one hundred and forty-nine of the General Laws g. l. (Ter.
is hereby amended by striking out section forty-eight, as amended.' ^ *^'
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 48. Every employer One day of
of labor engaged in carrying on any manufacturing or mer- forVerulnTm-
cantile establishment in the commonwealth shall allow pioyeesin
every person, except those specified in section fifty, em-
ployed in such establishment, and every bank, as defined in
section one of chapter one hundred and sixty-seven, shall
allow every watchman and guard employed in such bank,
at least twenty-four consecutive hours of rest in every
seven consecutive days. No employer shall operate any
such manufacturing or mercantile establishment on Sun-
day unless he has complied with section fifty-one. Who-
ever violates this section shall be punished by a fine of
fifty dollars. Approved April 17, 1935.

banks.

An Act establishing the monroe water district in the Chav. 186

TOWN OF MONROE.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Monroe,
liable to taxation in said town and residing within the
territory enclosed by the following boundary lines, to wit: —
Beginning at a point on the west bank of the Deerfield
river where the towns of Rowe, Florida and Monroe join;
thence westerly along the town line between Monroe and
Florida to the bank of the canal owned by the New Eng-
land Power Companj^; thence northerly along the east
bank of the canal to the point where the canal crosses the
road between Hoosac tunnel and Monroe bridge; thence
straight west to the top of the high cliff overlooking

174 Acts, 1935. — Chap. 186.

Monroe bridge and the Deerfield river; thence northerly
along the top of the ridge to the state line between Ver-
mont and Massachusetts; thence east along the state line
to the west shore of Sherman reservoir; thence southerly
along the west shore of said reservoir and the west bank
of the Deerfield river to the point first mentioned, — shall
constitute a water district, and are hereby made a body
corporate, by the name of the Monroe Water District,
hereinafter called the district, for the purpose of suppljnng
themselves with water for the extinguishment of fires
and for domestic and other purposes, with power to estab-
lish fountains and hydrants and to relocate and discontinue
the same, to regulate the use of such water and to fix and
collect rates to be paid therefor, and for the purposes of
assessing and raising taxes as provided herein for the pay-
ment of such services, and for defraying the necessary
expenses of carrying on the business of said district, subject
to all general laws now or hereafter in force relating to
such districts, except as otherwise provided herein. The
district shall have power to prosecute and defend all actions
relating to its property and affairs.

Section 2. For the purposes aforesaid, the district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with any municipal-
ity, acting through its water department, or with any water
company, or with any water district, for whatever water
may be required, authority to furnish the same being
hereby granted, and may take by eminent domain under
chapter seventy-nine of the General Laws, or acquire by
lease, purchase or otherwise, and hold, the waters, or any
portion thereof, of any pond, spring or stream, or of any
ground sources of supply by means of driven, artesian or
other wells, within the town of Monroe not already appro-
priated for the purposes of a public supply, and the water
rights connected with any such water sources; and for said
purposes may take as aforesaid, or acquire by purchase or
otherwise, and hold, all lands, rights of way and other
easements necessary for collecting, storing, holding, purify-
ing and preserving the purity of the water and for con-
veying the same to any part of said district; provided,
that no source of water supply or lands necessary for pre-
serving the quality of the water shall be so taken or used
without first obtaining the advice and approval of the
department of public health, and that the location and
arrangement of all dams, reservoirs, wells, pumping and
filtration plants and such other works as may be necessary
in carrying out the provisions of this act shall be subject to
the approval of said department. Said district may
construct and maintain on the lands acquired and held
under this act proper dams, wells, reservoirs, standpipes,
tanks, pumping plants, buildings, fixtures and other struc-
tures, including also the establishment and maintenance .of
filter beds and purification works or systems, and may make

Acts, 1935. — Chap. 186. 175

excavations, procure and operate machinery and provide
such other means and appliances, and do such other things
as may be necessary for the estabhshment and mainte-
nance of complete and effective water works; and for that
purpose may construct, lay and maintain aqueducts, con-
duits, pipes and other works under or over any land, water
courses, railroads, railways and public or other ways, and
along such ways, in said town, in such manner as not
unnecessarily to obstruct the same; and for the purposes
of constructing, laying, maintaining, operating and re-
pairing such conduits, pipes and other works, and for all
proper purposes of this act, the district may dig up or raise
and embank any such lands, highways or other ways in
such manner as to cause the least hindrance to public travel
on such ways; provided, that all things done upon any
such way shall be subject to the direction of the selectmen
of the town of Monroe. Said district shall not enter upon,
construct or lay any conduit, pipe or other works within
the location of any railroad corporation except at such time
and in such manner as it may agree upon with such corpora-
tion, or, in case of failure so to agree, as may be approved
by the department of public utilities. Said district may
enter upon any lands for the purpose of making surveys,
test pits and borings, and may take or otherwise acquire the
right to occupy temporarily any lands necessary for the
construction of any work or for any other purpose author-
ized by this act.

Section 3. Any person sustaining damages in his
property by any taking under this act or any other thing
done under authority thereof may recover such damages
from the district under said chapter seventy-nine; but the
right to damages for the taking of any water, water right or
water source, or for any injury thereto, shall not vest until
water is actually withdrawn or diverted under authority of
this act.

Section 4. For the purposes of paying the necessary
expenses and liabilities incurred under the provisions of
this act, other than expenses of maintenance and operation,
the district may borrow from time to time such sums as
may be necessary, not exceeding, in the aggregate, twenty
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Monroe Water
District Loan, Act of 1935. Each authorized issue shall
constitute a separate loan, and such loans shall be payable
in not more than thirty years from their dates. Indebted-
ness incurred under this act shall be subject to chapter
forty-four of the General Laws.

176 Acts, 1935. — Chap. 186.

of water and the maintenance of its pipe lines, and the
interest as it accrues on the bonds or notes issued as afore-
said by the district, and to make such payments on the
principal as may be required under the provisions of this
act, shall without further vote be assessed upon the district
by the assessors of said town of Monroe annually there-
after until the debt incurred by said loan or loans is extin-
guished.

Section 6. Any land taken or acquired under this
act shall be managed, improved and controlled by the
board of water commissioners hereinafter provided for, in
such manner as they shall deem for the best interest of the
district. All authority vested in said commissioners by
this section shall be subject to the provisions of section nine.

Section 7. Whenever a tax is duly voted by the dis-
trict for the purposes of this act, the clerk shall send a
certified copy of the vote to the assessors of the town of
Monroe, who shall assess the same on the property within
the district in the same manner in all respects in which
town taxes are required by law to be assessed. The assess-
ment shall be committed to the town collector, who shall
collect said tax in the manner provided by law for the
collection of town taxes, and shall deposit the proceeds
thereof with the district treasurer for the use and benefit
of the district. The district may collect interest on over-
due taxes in the manner in which interest is authorized to be
collected on town taxes.

Section 8. The first meeting of the voters of the
territory included within the district by section one of
this act shall be called, on petition of ten or more legal
voters therein, by a warrant from the selectmen of the
town of Monroe or from a justice of the peace, directed to
one of the petitioners, requiring him to give notice of the
meeting by posting copies of the warrant in two or more
public places in the district seven days at least before the
time of the meeting. Such justice of the peace, or one of the
selectmen, shall preside at such meeting until a clerk is
chosen and sworn, and the clerk shall preside until a modera-
tor is chosen. After the choice of a moderator for the
meeting, the question of the acceptance of this act shall
be submitted to the voters, and, if it is accepted by a
majority of the voters present and voting thereon, it shall
take effect, and the meeting may then proceed to act on the
other articles in the warrant.

Section 9. The district shall elect by ballot, either at
the same meeting at which this act is accepted or at a later
meeting called for the purpose, three persons to hold office,
one until the expiration of three years, one until the expira-
tion of two years, and one until the expiration of one year,
from the day of the next succeeding annual district meeting,
to constitute a board of water commissioners; and at
every annual meeting thereafter one such commissioner
shall be elected by ballot for the term of three years. All

Acts, 1935. — Chap. 186. 177

the authority granted to the district by this act, except
sections four and five, and not otherwise specifically pro-
vided for, shall be vested in said board of water commis-
sioners, who shall be subject, however, to such instructions,
rules and regulations as the district may by vote impose.
At the meeting at which said commissioners are first elected
and at each annual district meeting, the district shall elect
by ballot a treasurer of the district, who shall be other than
a commissioner, and who shall give bond to the district
in such an amount as may be fixed by the commissioners
and with a surety company authorized to transact business
in the commonwealth as surety. A majority of the com-
missioners shall constitute a quorum for the transaction of
business. Any vacancy occurring in said board from any
cause may be filled for the remainder of the unexpired
term by the district at any legal meeting called for the
purpose. No money shall be drawn from the treasury of
the district on account of the water works except upon a
written order of said commissioners or a majority of them.

Section 10. Said commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income of
the water works shall be appropriated to defray all operat-
ing expenses, interest charges and payments on the princi-
pal as they shall accrue upon any bonds or notes issued
under authority of this act. If there should be a net
surplus remaining after providing for the aforesaid charges,
it may be appropriated for such new construction as said
commissioners may recommend, and in case a surplus
should remain after payment for such new construction
the water rates shall be reduced proportionately. Said
commissioners shall annually, and as often as the district
may require, render a report upon the condition of the
works under their charge, and an account of their doings,
including an account of receipts and expenditures.

Section 11. The district may adopt by-laws prescrib-
ing by whom and how meetings may be called, notified,
and conducted; and, upon the application of ten or more
legal voters in the district, meetings may also be called by
warrant as provided in section eight. The district may
also establish rules and regulations for the management
of its water works, not inconsistent with this act or with
any other provision of law, and may choose such other
officers not provided for in this act as it may deem neces-
sary or proper. The district shall have all the rights and
privileges conferred by law upon water districts and fire
districts, so far as applicable.

178

Acts, 1935. — Chap. 187.

damages assessed therefor, to be recovered in an action of
tort, and upon conviction of any of the above wilful or
wanton acts shall be punished by a fine of not more than
one hundred dollars or by imprisonment in jail for not more
than six months.

Section 13. Upon a petition in writing addressed to
said commissioners requesting that certain real estate,
accurately described therein, located in said town and
abutting on said district be included within the limits
thereof, and signed by the owners of such real estate, or a
major portion thereof, said commissioners shall cause a
duly warned meeting of the district to be called, at which
meeting the voters may vote on the question of including
said real estate within the district. If a majority of the
voters present and voting thereon vote in the affirmative
the district clerk shall within ten days file with the town
clerk of said town and with the state secretary an attested
copy of said petition and vote; and thereupon said real
estate shall become and be part of the district and shall be
holden under this act in the same manner and to the same
extent as the real estate described in section one.

Section 14. This act shall take full effect upon its
acceptance by a majority vote of the voters of the district
present and voting thereon at a district meeting called,
in accordance with the provisions of section eight, within
three years after its passage; but it shall become void
unless said district shall begin to distribute water to con-
sumers within three years after the date of the acceptance
of this act as aforesaid. Approved April 17, 1935.

Chap. 187 -^^ -^^"^ RELATIVE TO THE DATE OF APPLICATION FOR ABATE-
MENT OF LOCAL TAXES.

Be it enacted, etc., as follows:

Section 1. Section fifty-nine of chapter fifty-nine of
the General Laws, as most recently amended by section
two of chapter one hundred and thirty-six of the acts of
nineteen hundred and thirty-four, is hereby further amended
by striking out, in the second line, the word "December"
and inserting in place thereof the word: — October, — so
as to read as follows: — Section 69. A person aggrieved
by the tax assessed upon him may, on or before October
first of the year to which the tax relates, apply in writing
to the assessors, on a form approved by the commissioner,
for an abatement thereof, and if they find him taxed at
more than his just proportion, or upon an assessment of any
of his property in excess of its fair cash value, they shall
make a reasonable abatement; provided, that a person
aggrieved by a tax assessed upon him under section seventy-
five or reassessed upon him under section seventy-seven
may apply for such abatement at any time within six
months after notice of such assessment or reassessment- is
sent to him. A tenant of real estate paying rent therefor

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

Taxes, abate-
ment of.
Date of ap-
plication for.

Acts, 1935. — Chap. 188.

and under obligation to pay more than one half of the taxes
thereon may apply for such abatement. 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 pos-
session thereof, and pays the tax, he may thereafter prose-
cute in his own name any application, appeal or action
provided by law for the abatement or recovery of such tax,
which after the payment thereof shall be deemed for the
purposes of such application, appeal or action, to have been
assessed to the person so paying the same.

Section 2. This act shall apply to assessments made
in the year nineteen hundred and thirty-six and thereafter.

Approved April 17, 1935.

179

Application
of act.

An Act authorizing cities, towns and districts to Qhrinr) i qq

BORROW ON ACCOUNT OF PUBLIC WELFARE AND SOLDIERS' ^'

benefits AND THEIR SHARE OF THE COST OF EMERGENCY
RELIEF ADMINISTRATION PROJECTS.

Be it enacted, etc., as follows:

Section 1. Any city, town or district, by a two thirds
vote as defined in section one of chapter forty-four of the
General Laws, and with the approval of the mayor, select-
men, or prudential committee or commissioners, and of
the board established under section one of chapter forty-
nine of the acts of nineteen hundred and thirty-three, may
borrow, during the year nineteen hundred and thirty-five,
outside its debt limit as fixed by sections eight and ten of
said chapter forty-four, for use only for meeting appropria-
tions, if any, for public welfare, including mothers' aid and
old age assistance, soldiers' benefits including state aid,
military aid, soldiers' burials and soldiers' relief, and its
share, if any, of the cost of any Emergency Relief Ad-
ministration projects, to an amount not more than one half
of one per cent on the average of the assessors' valuations
of its taxable property for the three preceding years, such
valuations to be reduced and otherwise determined as
provided in section ten of said chapter forty-four, and may
issue bonds or notes therefor, which shall bear on their face
the words, (name of city, town or district) Municipal
Relief Loan, Act of 1935. Each authorized issue shall
constitute a separate loan, and such loans shall be paid in
not more than ten years from their dates and, except as
herein provided, shall be subject to said chapter forty-four,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. The members of the board aforesaid, when
acting under this act, shall receive from the commonwealth

180

Acts, 1935. — Chaps. 189, 190.

compensation to the same extent as provided for services
under chapter three hundred and sixty-six of the acts of
nineteen hundred and thirty-three, as amended.

Approved April 17, 1935.

Chap. 189 An Act relative to certain tax liens upon real estate

TAKEN BY RIGHT OF EMINENT DOMAIN.

Be it enacted, etc., as follows:

Chapter seventy-nine of the General Laws is hereby
amended by inserting after section forty-four, as appearing
in the Tercentenary Edition, the following new section : —
Section 44- A- If real estate taken in whole or in part by
eminent domain was at the time of said taking subject to
any lien for taxes assessed under chapter fifty-nine, which
is extinguished by such taking, and if the collector of taxes
of the town in which such real estate is located gives written
notice of a claim of the amount covered by such lien to the
body politic or corporate, on behalf of which such taking
was made, prior to the payment of any award of damages
for such taking or to the entry of judgment therefor, said
collector shall be entitled to be paid such amount before
any payment of damages for such taking is made to any
other party; and any amount so payable on account of
such taxes shall be deducted from the amount of such
damages otherwise payable. Approved April 17, 1935,

G. L. (Ter.
Ed), 79, new
section 44A,
added.

Tax liens upon
real estate
taken by emi-
nent domain.

Chap. 190 -^N ■'^CT RELATIVE TO THE REDUCTION OF LOANS BY

CO-OPERATIVE BANKS.

Emergency
preamble.

G. L. (Ter.
Ed.), 170, § 33,
etc., amended.

Co-operative
banks, reduc-
tion of loans.

Be it enacted, etc., as follows:

Section thirty-three of chapter one hundred and seventy
of the General Laws, as appearing in chapter one hundred
and forty-four of the acts of nineteen hundred and thirty-
three, is hereby amended by inserting after the word "taxes"
in the sixth line the words: — , and an amount not in excess
of three hundred dollars to be expended for repairs, both, —
and by striking out, in the fifty-fourth and fifty-fifth lines,
the words "June first, nineteen hundred and thirty-three"
and inserting in place thereof the words: — May first, nine-
teen hundred and thirty-five, — so as to read as follows: —
Section 33. 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, and an amount not in excess of three hundred dol-
lars to be expended for repairs, both at the option of the

Acts, 1935. —Chap. 190. 181

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 princi-
pal. 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 unpaid.
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 author-
ized 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 corporation
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 corporation
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 mort-
gage securing the same shall be prejudiced by the applica-
tion 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.

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 accom-
modation, of any mortgage recorded prior to May first,
nineteen hundred and thirty-five, 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
obtained. Approved April 18, 1935.

182 Acts, 1935. — Chaps. 191, 192.

Chap. 191 An Act temporarily authorizing co-operative banks

TO MAKE LOANS UPON REAL ESTATE DIFFERING FROM
ORDINARY CO-OPERATIVE BANK LOANS.

Emergency Wkcreas, The deferred operation of this act would tend

pream e. ^^ 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:

Any co-operative bank established under the laws of
the commonwealth may within three years from the effec-
tive date of this act make loans, for not less than five nor
more than twenty years, secured by mortgages 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. A loan here-
under shall not exceed eight thousand dollars, shall be
further secured by a promissory note in the full sum loaned,
signed by the borrower, shall be upon improved real estate
and shall not exceed eighty per cent of the value of the
mortgaged property as certified by the security committee
of such bank. Every such mortgage shall contain provi-
sions calling for fixed monthly payments in the same
amount during the term of the loan, which payments shall
be applied first to interest and the balance thereafter
remaining applied to principal, the interest to be computed
monthly on the unpaid balance thereof. The borrower,
and each subsequent owner of the equity of redemption of
such real estate, shall at all times be a member of the bank,
holding one or more unmatured, paid-up or matured shares,
in his own name. Failure to comply with the foregoing
requirement shall constitute a breach of condition for which
the unpaid balance of said loan shall become due and pay-
« able forthwith, at the option of the bank. The aggregate

value of loans made by a bank under this act shall at no
time be in excess of twenty-five per cent of the aggregate
amount of all loans secured by mortgages of real estate held
by such bank. Approved April 18, 1935.

Chap. 192 An Act relative to the use of certain surplus funds

BY THE SUPREME COUNCIL OF THE ROYAL ARCANUM, A
FRATERNAL BENEFIT SOCIETY.

Be it enacted, etc., as follows:

The Supreme Council of the Royal Arcanum, a fraternal
society incorporated under general law, is hereby author-
ized, notwithstanding any provisions of chapter one hun-
dred and seventy-six of the General Laws to the contrary,
to transfer annually from the surplus, if any, of its mortu-
ary funds to its general fund a sum not in excess of five
per cent of the net mortuary assessments or premiums paid

Acts, 1935. — Chaps. 193, 194. 183

in the preceding year; provided, that no sum so transferred
under authority of this act shall reduce the actuarial
solvency of such society below the basis referred to in
section seventeen of said chapter.

Approved April 18, 1935.

An Act relative to the use of certain public school Phn'r) 1 93

PROPERTY BY CERTAIN ORGANIZATIONS. ^'

Be it enacted, etc., as follows:

Section seventy-one of chapter seventy-one of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, Amended. ^^^'
is hereby amended by inserting after the word "commu-
nity" in the eighth line the following: — The affiliation of
any such association with a religious organization shall not
disqualify such association from being allowed such a use
for such a purpose, — so as to read as follows: — Section pubUcuseof
71. For the purpose of promoting the usefulness of |rty.°*^'^°^
public school property the school committee of any town
may conduct such educational and recreational activities
in or upon school property under its control, and, subject to
such regulations as it may establish, and, consistently and
without interference with the use of the premises for school
purposes, shall allow the use thereof by individuals and
associations for such educational, recreational, social, civic,
philanthropic and like purposes as it deems for the interest
of the community. , The affiliation of any such association
with a religious organization shall not disqualify such
association from being allowed such a use for such a pur-
pose. The use of such property as a place of assemblage
for citizens to hear candidates for public office shall be
considered a civic purpose within the meaning of this
section. This section shall not apply to Boston.

Approved April 18, 1935.

An Act dissolving Portuguese catholic benevolent CJiav.Vd^

ST. JOHN ASSOCIATION.

Be it enacted, etc., as follows:

Section 1. The Portuguese Catholic Benevolent St.
John Association, of New Bedford, a Massachusetts
corporation incorporated under general law on April
twenty-eighth, nineteen hundred and twenty-two, is hereby
dissolved, subject to the provisions of sections fifty-one and
fifty-two of chapter one hundred and fifty-five of the General
Laws.

Section 2. Nothing in this act shall be construed to
affect any suit pending by or against said corporation, or
any suit now pending or hereafter brought for any liability
now existing against the officers of said corporation, or to
make valid any defect in the organization of said cor-
poration.

184 Acts, 1935. — Chap. 195.

Section 3. Suits upon choses in action arising out
of contracts sold or assigned by said corporation may be
brought or prosecuted in the name of the purchaser or
assignee. The fact of sale or assignment and of purchase
by the plaintilT shall be set forth in the writ or other process;
and the defendant may avail himself of any matter of
defense of which he might have availed himself in a suit
upon the claim by said corporation, had it not been dis-
solved by this act. Approved April 18, 1935.

Chap. 195 An Act relative to the school committee of the city

OF SPRINGFIELD.

Be it enacted, etc., as follows:

Section 1. Subject to any laws which limit the amount
of money that may be appropriated in the city of Spring-
field for school purposes, the school committee of said city,
in addition to the powers and duties conferred and imposed
by law on said committee, shall operate and have control
of all school buildings of said city, together with the
grounds connected therewith, except as otherwise provided
in this act, and shall make all reasonable rules and regula-
tions, consistent with law, for the management of the
public schools of the city and for conducting the business
of the committee.

Section 2. No site for a school building shall be
acquired by said city unless approval of the site by the
school committee is first obtained. No plans for the con-
struction of or alterations in a school building shall be
accepted, and no work shall be begun on the construction or
alteration of a school building, unless approval of the school
committee and the mayor is first obtained, but this section
shall not require such approval for making ordinary repairs.
No equipment for any school building shall be purchased
by said city unless the style and character of the equipment
is first approved by said school committee.

Section 3. All repairs of school buildings or on any
grounds connected therewith, excepting such ordinary
minor repairs as the custodians, janitors, engineers and
other schoolhouse employees make in the ordinary course of
their duties, shall be made in such manner and by such
board as the city council of said city may by ordinance
direct. The purchase of fuel, repair materials and supplies,
and equipment of new school buildings, subject to the
approval of the style and character of the equipment
required by section two, shall be made in such manner and
by such board as said city council may by ordinance direct.

Section 4. Upon the effective date of this act, custo-
dians, head janitors, janitors, engineers, assistant engineers,
firemen, matrons and all other persons now employed by
the department of public buildings of said city in school
buildings for the operation of said school buildings shall
become and thereafter be subject to the control of the said

Acts, 1935. — Chap. 196. 185

school committee. The transfer of said employees to the
jurisdiction of the said school committee shall not affect
their civil service or seniority rights under the provisions
of chapter thirty-one of the General Laws, or correspond-
ing provisions of earlier laws, and the rules and regulations
made thereunder.

Section .5. Such provisions of sections eight and eleven
of chapter ninety-four of the acts of eighteen hundred and
fifty-two, and acts in amendment thereof or in addition
thereto, and such ordinances of the city of Springfield
as are inconsistent with this act are hereby repealed.

Approved April 18, 1936.

An Act authorizing the acquisition by the common- Chav.X^^

WEALTH OF CERTAIN PROPERTIES IN THE TOWNS OF SAND-
WICH, BOURNE, FALMOUTH AND MASHPEE FOR MILITARY
PURPOSES.

Whereas, The deferred operation of this act would cause
substantial inconvenience and would hamper the proper
training of the military forces of the commonwealth,
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. A special military reservation commission
is hereby established, consisting of the adjutant general
as chairman, and of the commanding general of the twenty-
sixth division, Massachusetts national guard, and the state
quartermaster, as associate commissioners, said commis-
sion to be hereinafter referred to as the commission.

Section 2. For the purpose of establishing a camp
site for the use and training of the military forces of the
commonwealth, the commission, on behalf of the common-
wealth, and subject to the approval of the governor, may
at any time and from time to time acquire by purchase or
otherwise, or take by eminent domain under chapter
seventy-nine of the General Laws, the following described
lands or such part or parts thereof as the commission shall
deem to be necessary for the purposes of this act and all
rights of way, easements and other interests included
therein or appurtenant thereto. Said lands proposed for a
military reservation lie in Barnstable county in the towns
of Sandwich, Bourne, Falmouth and Mashpee, and are
shown upon a plan entitled "Proposed Military Reserva-
tion," dated January twenty-fourth, nineteen hundred and
thirty-four, and filed in the office of the adjutant general
of this commonwealth. Said lands are bounded and
described as follows: beginning at a cement bound at the
southwesterly corner of the Shawme state forest and run-
ning in a generally east southeast direction by the said
boundary of said Shawme state forest to a cement bound

186 Acts, 1935. — Chap. 196.

on the Falmouth-Sandwich road at the southerly corner of
said Shawme state forest; thence running southerly by
the said Falmouth-Sandwich road approximately three
hundred feet to a stake and stones; thence running westerly
along a line parallel with the southerly boundary of said
Shawme state forest approximately fifteen hundred feet;
thence turning at a right angle and running in a south
southwesterly direction about three thousand feet; thence
running in a southwesterly direction approximately three
thousand feet; thence turning at a slight angle and run-
ning still in a southwesterly direction approximately
twenty-eight hundred and fifty feet; thence running in a
southerly direction approximately nineteen hundred and
fifty feet; thence running in a westerly direction approxi-
mately one thousand feet to the Forestdale-Pocasset road;
thence running south southwesterly approximately four-
teen hundred and fifty feet; thence running in a generally
northwesterly direction approximately eight hundred and
fifty feet; thence running in a south southwesterly direc-
tion approximately sixty-nine hundred and seventy-five
feet to the southerly boundary of the property registered
by the Land Court in Case No. 12145; thence running
easterly by the southerly boundary of said registered land
approximately fifty-nine hundred feet to the Falmouth-
Sandwich road; thence running southerly by said road to a
point one thousand feet northeasterly from the Falmouth-
Sandwich-Mashpee town bound; thence running south-
easterly to the Ashumet pond; thence running southwest-
erly bj'' said pond approximately eleven hundred feet;
thence running northwesterly approximately nine hundred
and fifty feet to said Falmouth-Sandwich-Mashpee town
bound; thence running southwesterly by the said Fal-
mouth-Sandwich road approximately four thousand feet;
thence turning and running in a due westerly direction
approximately twenty-one hundred feet to the easterly
boundary of the Falmouth Airport, so-called; thence
running northerly approximately forty-seven hundred
feet by the easterly boundary of said Falmouth Airport
to the northeasterly corner thereof; thence running in a
due westerly direction approximately eleven thousand
seven hundred feet; thence turning at a right angle and
running in a due northerly direction approximately ten
thousand five hundred feet to a point three hundred feet
easterly from the easterly bound of the state highway at
Station 36672, measured on a line at right angles to said
highway at said station; thence running in a generally
northerly direction upon a line parallel with and at all
places three hundred feet easterly from the easterly bound-
ary of said highway to Station 16747, and from that point
still running northerly on a line parallel with and three
hundred feet easterly from the easterly line of a proposed
new highway to new bridge over the Cape Cod canal,
approximately thirty-seven hundred and fifty feet to a

Acts, 1935. — Chap. 196. 187

point; thence running north northeasterly approximately
forty-nine hundred and fifty feet to a stone heap on the
westerly boundary of the Shawme state forest approxi-
mately five thousand feet from the southwesterly corner
thereof; thence running in a southerly direction by the
westerly boundary of said Shawme state forest to the
cement bound which was the point of beginning. There is
appurtenant to said lands a right-of-way over the road
known as Ward Swift road, running from Station 36000 of
the said state highway in a southeasterly direction to said
lands, and also a right-of-way over the road known as the
Forestdale-Pocasset road, running easterly from said state
highway to said lands.

Section 3. Upon the acquisition or taking of the whole
or any part of the above-described lands by the commis-
sion, the provisions of sections thirteen to seventeen,
inclusive, of chapter fifty-eight of the General Laws shall
apply to the property so acquired or taken.

Section 4. For the purpose of carrying out the provi-
sions of this act the commission may expend, subject to
appropriation, such amounts, not exceeding in the aggre-
gate one hundred thousand dollars, as may from time to
time be approved by the governor.

Section 5. For the purpose of the acquisition or taking
of said lands, and for the preparation of plans and pre-
liminary engineering and supervisory work necessarily
incident to the development of a military reservation
equipped for the use and training of the military forces of
the commonwealth, the commission may appoint, and in
its discretion remove, such engineering, legal, clerical and
other assistants as it may deem necessary for said pur-
poses, and may fix their compensation in accordance with
such rules and regulations as the commission may establish
and as shall be approved by the governor, and the members
of the commission shall be reimbursed, with the approval
of the governor, for all expenses necessarily incurred in the
performance of their duties under this act. The provisions
of chapters thirty, thirty-one and thirty-two of the General
Laws shall not apply to such employment or removals,
but insofar as the commission deems advisable it may
employ members of the military forces of the common-
wealth whose compensation and services shall be subject
to the laws, rules and regulations applicable thereto in the
case of mihtary service. Approved April 20, 1935.

188 Acts, 1935. — Chaps. 197, 198.

Chap. 197 An Act authorizing the town of Florida to vote at a

SPECIAL TOWN MEETING IN THE CURRENT YEAR ON THE
QUESTION OF GRANTING LICENSES FOR THE SALE IN SAID
TOWN OF ALCOHOLIC BEVERAGES.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Florida are
hereby authorized to insert in the warrant for any special
town meeting held in the current ^ear, an article or articles
enabling the voters of said town to vote at said meeting
on the questions contained in section eleven of chapter
one hundred and thirty-eight of the General Laws, as
appearing in section two of chapter three hundred and
seventy-six of the acts of nineteen hundred and thirty-three ;
and the votes at said meeting on said questions shall have
the same force and effect from and after said meeting as if
taken at the last biennial state election.

Section 2. The votes under section one shall be taken
by ballots prepared by the town clerk which shall set forth
said questions and the directions to the voters, all as pro-
vided in said section eleven. The ballots shall be dis-
tributed at the polling places under the direction of the
town clerk, and the polls shall be open for voting on said
questions not less than four hours. The provisions of the
General Laws relative to the ascertainment of the result
of the voting at state elections and returns thereof shall,
so far as practicable, apply to the vote taken hereunder.

Section 3. The votes taken in the town of Florida
at the last biennial state election under the provisions
of section eleven of chapter one hundred and thirty-eight
of the General Laws, as so appearing, shall, after a vote has
been taken as provided by this act, have no further force or
effect.

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

Approved April 23, 1935.

Chap. 198 -^N ^^'^ '^^ validate certain ELECTIONS OF THE TOWN OF
HALIFAX AND THE OFFICIAL ACTS OF CERTAIN OFFICERS
OF SAID TOWN.

Be it enacted, etc., as follows:

Section 1. The votes of the town of Llalifax at its
annual town meetings held in the years nineteen hundred
and thirty-four and nineteen hundred and thirty-five for
the election of town officers, so far as such votes were
invalid by reason of its failure to comply with the provi-
sions of general law and of the by-laws of said town rela-
tive thereto then in effect, are hereby made valid, and the
official acts of all town officers declared to be elected at
said meetings or either of them between said date and the
passage of this act are hereby ratified and confirmed, to

Acts, 1935. — Chaps. 199, 200.

189

the same extent as if such provisions of general law and of
such by-laws had been complied with.

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

Approved April 28, 1935.

An Act relative to expenditures by school committees (Jfidj) 199

OF CITIES and towns IN RESPECT TO PHYSICAL EDUCATION.

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared p''"*'^'^^''-
to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Chapter seventy-one of the General Laws is hereby g. l. (Ter.
amended by striking out section forty-seven, as appearing f^enled.^'^'^'
in the Tercentenary Edition, and inserting in place thereof
the following: — Section 47- The committee may super- supervision
vise and control all athletic and other organizations com- athleii^and"^
posed of public school pupils and bearing the school name °^{j®j;f,';'j9°j!„
or organized in connection therewith. It may directly
or through an authorized representative determine under
what conditions the same may compete with similar
organizations in other schools. Expenditures by the
committee for the organization and conduct of physical
training and exercises, athletics, sports, games and play,
for providing proper apparatus, equipment, supplies,
athletic wearing apparel and facilities for the same in the
buildings, yards and playgrounds under the control of the
committee, or upon any other land which it may have the
right or privilege to use for this purpose, and for the employ-
ment of experienced athletic directors to supervise said
physical training and exercises, athletics, sports, games
and play, shall be deemed to be for a school purpose.

Approved April 23, 1935.

organizations.

An Act amending the law relative to hours of labor

OF women and children in
mercantile establishments.

manufacturing and

C/iap. 200

Be it enacted, etc., as follows:

Chapter one hundred and forty-nine of the General Laws g^l. (Ter
is hereby amended by striking out section fifty-six, as
amended by section one of chapter one hundred and ten
of the acts of nineteen hundred and thirty-two, and insert-
ing in place thereof the following: — Section 56. No child
and no woman shall be employed or permitted to work in,
or in connection with, any factory or workshop, or any
manufacturing, mercantile or mechanical establishment,
telegraph office or telephone exchange, or any express or
transportation company, or any laundry, hotel, manicuring
or hair dressing establishment or motion picture theatre,
or be employed as an elevator operator, or as a switch-

Ed.), 149, § 56,
etc., amended.

Hours of labor
for women and
children.

190 Acts, 1935. — Chap. 200.

board operator in a private exchange, more than nine
hours in any one day; and in no case shall the hours of
labor exceed forty-eight in a week, except that in manu-
facturing establishments or hotels where the employment
is determined by the department to be by seasons, the
number of such hours in any week may exceed forty-eight,
but not fifty-two, provided that the total number of
such hours in any year shall not exceed an average of
forty-eight hours a week for the whole year, excluding
Sundays and holidays; and if any child or woman shall be
employed or permitted to work in more than one such
place, the total number of hours of such employment shall
not exceed forty-eight hours in any one week. Every
employer, except those hereinafter designated, shall post
and keep posted in such manner as the commissioner may
require in a conspicuous place in every room where such
persons are employed a printed notice stating the number
of hours' work required of them on each day of the week,
the hours of beginning and stopping work, and the hours
when the time allowed for meals begins and ends, or, in
case of mercantile establishments and of establishments
exempted from sections ninety-nine and one hundred, the
time, if any, allowed for meals. The employment of any
such person at any time other than as stated in said printed
notice shall be deemed a violation of this section unless
such. employment was to make up time lost on a previous
day of the same week by reason of the stopping, for not
less than thirty consecutive minutes, of machinery upon
which such person was employed or dependent for employ-
ment and unless a written report of the date, hour and
duration of the stopping of such machinery is sent to the
department within forty-eight hours of its occurrence;
nor shall such overtime employment be authorized because
of the stopping of machinery for the celebration of any
holiday. Every employer engaged in furnishing public
service, or in any other kind of business in respect to which
the department shall find that public necessity or conve-
nience requires the employment of children or women by
shifts during different periods or parts of the day, shall
post and keep posted in such manner as the commissioner
may require in a conspicuous place in every room where
such persons are employed a printed notice stating sepa-
rately the hours of employment for each shift or tour of
duty and the amount of time allowed for meals. A list by
name of the employees, stating in which shift each is
employed, shall be kept on file at each place of employ-
ment for inspection by employees and by officers charged
with the enforcement of this law. In cases of extraordinary
emergency or extraordinary public requirement, this
section shall not apply to employers engaged in public
service or in other kinds of business in which shifts may be
required as hereinbefore stated; but no such emergency or
public requirement shall justify a variance from the pre-

Acts, 1935. — Chap. 201. 191

ceding requirements of this section until a written report
of the day and hour of its occurrence and its duration is
sent to the department. This section shall not apply to
persons who may be declared by the commissioner to be
employed in a supervisory capacity, or who may be serving
exclusively as personal secretaries.

Approved April 33, 1935.

An Act authorizing the conveyance by the town of Qhdj) 201

CONWAY TO the CONWAY CEMETERY ASSOCIATION OF
certain cemeteries in said TOWN.

Be it enacted, etc., as follows:

Section 1. The town of Conway is hereby authorized
to convey to the Conway Cemetery Association, incor-
porated by chapter two hundred and twelve of the acts of
nineteen hundred and one, and said cemetery corporation
is hereby authorized to accept from said town, upon such
terms as may be mutually agreed upon, subject, however,
to the provisions of sections one A and two, all the right,
title and interest of said town in and to the lands set apart
for the cemeteries hereinafter referred to, within said town,
and in all other property or rights appertaining thereto,
including all moneys and trust funds belonging to said
cemeteries, namely: South Part Cemetery: located on the
north side of the South Part road, approximately one
fourth of a mile from the Ida Allis corner of the Roaring
Brook road, being one half acre more or less in area; Boy-
den Cemetery: located on the Roaring Brook road, and
deeded to the town of Conway by the Dwight Boyden
estate, being one eighth acre more or less in area; Cricket
Hill Cemetery: on the south side of Cricket Hill road,
approximately one quarter of a mile from the Whately
Road corner, being one fourth acre more or less in area;
Pumpkin Hollow Cemetery: located on the south side of
Hillview road near the corner of Elm street, being one
fourth acre more or less in area; Poland Cemetery: located
off the East Guinea road, approximately one quarter of a
mile from the Bradford corner, being one half acre more or
less in area; Shirkshire Cemetery: located on the east
side of the Wilder Hill road, approximately three eighths *
of a mile from the corner of the Wilder Hill road and Shel-
burne Falls highway, being one half acre more or less in
area.

Section 1A. Said town shall continue to have the
right of burying in said cemeteries the bodies of those for
whose burial it is bound by law to provide; and such
interments shall be made in a part of said cemeteries set off
for this purpose by agreement of the overseers of the pub-
lic welfare of the town and the executive board of said
corporation.

Section 2. After such conveyance and transfer said
cemetery corporation shall hold said property and rights,

192

Acts, 1935. — Chaps. 202, 203.

upon the same trusts and for the same uses and purposes
as the same were previously held by the said town, and shall
be charged with the same duties and Uabilities relative
thereto. All rights which any person shall have acquired
in any of said cemeteries shall remain valid to the same
extent as if this act had not been passed, and, except as
otherwise provided herein, all pertinent provisions of said
chapter two hundred and twelve shall apply to the cemetery
lands hereinbefore referred to.

Section 3. The power to transfer, hold and use moneys
and trust funds granted by this act shall be exercised only
in conformity with such a decree, if any, of the supreme
judicial court, sitting in equity for the county of Franklin,
as may be entered within one year after the effective date
of this act.

Section 4. This act shall not take full effect until it
shall have been accepted, on the part of said town, by vote
of a majority of the legal voters of the town present and
voting thereon at a special town meeting called for the
purpose during the current year, and, on the part of said
cemetery corporation, by vote of the board of directors,
or the officers having the powers of directors, and a certi-
fied copy of said last mentioned vote shall have been filed
with the clerk of said town and with the state secretary.

Approved April 23, 1935.

Chav 202 ^^ "^^^ relative to county aid to county law libraries.
Be it enacted, etc., as follows:

G. L. (Ter.
Ed.), 78, § 4,
amended.

Payments to
county law
libraries.

Chapter seventy-eight of the General Laws is hereby
amended by striking out section four, as appearing in the
Tercentenary Edition, and inserting in place thereof the
following : — Section 4- The treasurer of each county
shall annually pay for the support of law libraries therein
such sums as may be appropriated therefor by the general
court, and the county commissioners shall include in the
estimates required to be filed under the provisions of sec-
tion twenty-eight of chapter thirty-five such sums as they
may recommend for such law libraries. Sums so appro-
priated shall be applied to the purchase of books and
maintenance of libraries for the use of courts and of citizens.
In counties having any law library association the county
commissioners shall secure from such association recom-
mendations as to the amount deemed necessary for such
maintenance. Approved April 23, 1935.

Chap. 203 An Act relative to the employment of minors under

FOURTEEN IN RADIO BROADCASTING STATIONS.

Be it enacted, etc., as folloivs:

G. L. (Ter. Chapter one hundred and forty-nine of the General

amended*' ^ ^°' ^^^s is hereby amended by striking out section sixty,

as appearing in the Tercentenary Edition, and inserting in

Acts, 1935. — Chaps. 204, 205.

193

place thereof the following : — Section 60. Except as Employment
provided in section sixty-nine, no person shall employ a und'eV^wteen.
minor under fourteen or permit him to work in or about or
in connection with any factory, work shop, manufactur-
ing, mechanical or mercantile establishment, barber shop,
bootblack stand or establishment, public stable, garage,
brick or lumber yard, telephone exchange, telegraph or
messenger office, or in the construction or repair of build-
ings, or in any contract or wage earning industry carried
on in tenement or other houses, or in any radio broad-
casting station except as talent. No such minor shall be
employed at work performed for wage or other compensa-
tion, to whomsoever payable, during the hours when the
public schools are in session, nor, except as provided in
section sixty-nine, shall be employed at work before half
past six o'clock in the morning or after six o'clock in the
evening. Approved April 23, 1935.

Chap.204:

An Act permitting certain casualty companies to
ISSUE certain all risk policies on personal property.

Be it enacted, etc., as follows:

Section forty-seven of chapter one hundred and seventy- g. l. (Ter.
five of the General Laws, as appearing in the Tercentenary fiTweuih.^^'
Edition, is hereby amended by striking out clause Twelfth amended,
and inserting in place thereof the following : —

Twelfth, To insure against property loss or damage by Casualty iu-
burglary, robbery, any larceny or theft, any breaking and panlesfkind"
entry or entry without breaking of any house, building, "yjjj^^j®^?/^^
ship, vessel or railroad car, or any other criminal act; to write,
against loss or damage caused by the concealment, removal
or unlawful disposition or conversion of property by a
conditional vendee or mortgagor or bailee in possession;
against loss or damage caused by forgery; and against
any and all kinds of loss or destruction of or damage to
moneys, securities, currencies, scrip, coins, bullion, bonds,
notes, drafts, acceptances of drafts, bills of exchange,
evidences of indebtedness, deeds, mortgages and other
valuable papers or documents, except while in the custody
or possession of and being transported by a carrier for hire
or in the mail. Approved April 23, 1935.

An Act relative to military service of county
employees.

Chap.205

Be it enacted, etc., as follows:

Chapter thirty-three of the General Laws is hereby g. l. (Ter.

amended by striking out section sixty-seven, as appearing a^ende^d.* ^''
in the Tercentenary Edition, and inserting in place thereof

the following: — Section 67. Any person in the service of No loss of pay

the commonwealth, or of a county, city or town thereof clrtafnata'te.*'

194

Acts, 1935. — Chaps. 206, 207, 208.

county and
municipal em-
ployees while
serving in
militia.

which, by vote of its county commissioners or city council
or of its inhabitants at a town meeting, accepts this sec-
tion, shall be entitled, during the time of his service in the
organized militia, under sections seventeen, twenty-five,
twenty-six, one hundred and twenty-three and one hundred
and eighty-one, or during his annual tour of duty, not
exceeding fifteen days, as a member of the organized
reserve of the army of the United States or of the United
States naval reserve forces, to receive pay therefor, without
loss of his ordinary remuneration as an employee or official
of the commonwealth or such county, city or town, and
shall also be entitled to the same leaves of absence or vaca-
tion with pay given to other like employees or officials.

Approved April 23, 1935.

Chap. 20Q An Act empowering the eastern commercial travelers

ACCIDENT ASSOCIATION TO AUTHORIZE ITS MEMBERS TO
USE PROXIES IN VOTING.

Be it enacted, etc., as follows:

The Eastern Commercial Travelers Accident Asso-
ciation, a Massachusetts fraternal benefit society organized
under general law, may, by its by-laws, authorize its
members to use proxies in voting and determine the mode of
such voting. Approved April 23, 1935.

Chap. 201 An Act empowering the eastern commercial travelers

HEALTH ASSOCIATION TO AUTHORIZE ITS MEMBERS TO USE
PROXIES IN VOTING.

Be it enacted, etc., as follows:

The Eastern Commercial Travelers Health Associa-
tion, a Massachusetts fraternal benefit society organized
under general law, may, by its by-laws, authorize its
members to use proxies in voting and determine the mode
of such voting. Approved April 23, 1935.

Chap. 20S ^^ Act relative to ventilation of factories, work-
shops AND GARAGES.

Be it enacted, etc., as follows:

Chapter one hundred and forty-nine of the General Laws
is hereby amended by striking out section one hundred and
seventeen, as appearing in the Tercentenary Edition, and
inserting in place thereof the following: — Section 117.
A factory where five or more persons and a workshop
where five or more women or children are employed shall,
while work is carried on therein, be so ventilated that the
air shall not become so impure as to be injurious to the
health of the persons employed therein. A factory, work-

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

Ventilation of
factories, etc.

Acts, 1935. — Chaps. 209, 210, 211. 195

shop or garage where more than one person is employed
shall be so ventilated that all gases, vapors, dust or other
impurities injurious to health, whether generated in the
course of the manufacturing process or handicraft carried
on therein, or otherwise, shall so far as practicable be
rendered harmless. Approved April 33, 1935.

An Act increasing the number of second assistant (Jfiaqy 209

DISTRICT attorneys FOR THE NORTHERN DISTRICT.

Be it enacted, etc., as follows:

Section fourteen of chapter twelve of the General Laws, g. l. (Ter.
as appearing in the Tercentenary Edition, is hereby f^'^^^^A ^ ^*'
amended by striking out the paragraph contained in the
fifth and sixth lines and inserting in place thereof the
following: —

For the northern district, an assistant district attorney Northern dis-
and five second assistant district attorneys. dis'tricTattor-

Approved April 26, 1935. "^eys.

An Act relative to certain appointees of the Chav 210

■SERGEANT-AT-ARMS. ^'

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

Be it enacted, etc., as follows:

Section nineteen of chapter three of the General Laws, as g. l. (Ter.
appearing in the Tercentenary Edition, is hereby amended by f^mende'd! ^^'
striking out, in the third hne, the word "forty-one" and
inserting in place thereof the word : — forty-three, — so
as to read as follows: — Section 19. The number of door- Number of
keepers, assistant doorkeepers, general court officers and doorkeepcre.
pages of the senate and of the house shall not exceed forty-
three in all. Approved April 26, 1935.

An Act authorizing the cities of fall river and Ch(lV.'2>W

LOWELL TO deduct THE ESTIMATED COLLECTIONS OF
certain taxes from the AMOUNT TO BE RAISED BY
TAXATION TO MEET CERTAIN REVENUE LOANS.

Be it enacted, etc., as follows:

Section L The assessors of the city of Fall River, in
determining the amount to be raised in any year to meet
revenue loans under the provisions of chapter forty-four
of the acts of nineteen hundred and thirty-one, as required

196 Acts, 1935. — Chaps. 212, 213.

by section three of said chapter, may estimate the amount
that will be available to be applied to said loans from tax
collections made prior to August first in that year, and the
amount so estimated may be deducted from the amount
required to be raised to meet such loans by the assessors
in accordance with the provisions of said section three.
If the amount of such collections is less than the estimate
used by the assessors, the difference shall be raised by the
assessors in the tax levy of the following year.

Section 2. The assessors of the city of Lowell, in
determining the amount to be raised in any year to meet
revenue loans under the provisions of chapter two hundred
and thirty of the acts of nineteen hundred and thirty-
two, as required by section three of said chapter, may
estimate the amount that will be available to be applied to
said loans from tax collections made prior to August first in
that year, and the amount so estimated may be deducted
from the amount required to be raised to meet such loans
by the assessors in accordance with the provisions of said
section three. If the amount of such collections is less
than the estimate used by the assessors, the difference shall
be raised by the assessors in the tax levy of the following
year.

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

Approved April 26, 1935.

Chap. 212 An Act authorizing the city of lawrence to pay a

CERTAIN BILL OF THE YEAR NINETEEN HUNDRED AND
THIRTY-THREE.

Be it enacted, etc., as follows:

Section 1. The city of Lawrence is hereby authorized
to appropriate the sum of nine hundred and sixty-seven
dollars for the payment of, and, with the approval of the
emergency finance board, established under section one of
chapter forty-nine of the acts of nineteen hundred and
thirty-three, to pay, the bill of the Smith Motor Car
Company of said city for a motor truck delivered to the
health department of said city in August, nineteen hundred
and thirty-three.

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

Approved April 26, 1935.

Chap. 21S An Act authorizing temporary borrowings by cities,
towns and districts in anticipation of receipts
from federal grants for emergency public works.

Emergency Wkcreas, The deferred operation of this act would tend

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

emergency law, necessary for the immediate preservation

of the public convenience.

Acts, 1935. — Chaps. 214, 215.

197

Be it enacted, etc., as follows:

If a city, town or district shall have borrowed money
under authority of chapter three hundred and sixty-six of
the acts of nineteen hundred and thirty-three, or under
said chapter as amended by chapter twenty-one of the
acts of nineteen hundred and thirty-four, and shall have an
agreement with the federal government whereby such gov-
ernment grants such city, town or district a sum of money
on account of the project for which the money was bor-
rowed, the treasurer of such city, town or district, with the
approval of the mayor, selectmen or prudential committee
or commissioners, as the case may be, in anticipation of the
receipt of the proceeds of such grant, may incur debt out-
side the debt limit to an amount not exceeding the amount
of the grant as shown by the grant agreement, and may
issue notes therefor payable not exceeding one year from
their dates; and such proceeds of the grant, so far as neces-
sary, shall be applied to the discharge of the loan.

Approved April 26, 1935.

An Act relative to the fixing of salaries of members
OF the police and fire departments of the city of

CAMBRIDGE.

Be it enacted, etc., as follows:

Section 1. Salaries of the members of the police and
fire departments of the city of Cambridge shall be fixed
by ordinance of said city, the provisions of any special or
general law to the contrary notwithstanding.

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

Approved April 26, 1935.

Chap.2U

An Act establishing the procedure to be followed nhnv 215

BY A co-operative BANK IN CONVERTING INTO A FEDERAL ^'

SAVINGS AND LOAN ASSOCIATION.

Be it enacted, etc., as follows:

Chapter one hundred and seventy of the General Laws,
as appearing in chapter one hundred and forty-four of the
acts of nineteen hundred and thirty-three, is hereby
amended by inserting after section fifty the following new
section under the caption conversion: — Section 50 A.
Any corporation may convert itself into a federal savings
and loan association, or other federal agency of a hke
nature, if authorized by a vote of at least three quarters of
the shareholders of such corporation present and voting
at a meeting especially called to consider the subject.
Notice of such special meeting, containing a statement of

G. L. (Ter.
Ed.), 170, new
section 50A,
added.

Co-operative
bank, conver-
sion into
federal savings
and loan asso-
ciations, pro-
cedure.

198 Acts, 1935. — Chaps. 216, 217.

the time, place and the purpose for which such meeting is
called, shall be sent by the clerk of the corporation to each
shareholder thereof by mail, postage prepaid, at least
thirty days before the date of the meeting. Notice of the
meeting shall also be advertised three times in one or more
newspapers published in the city or town in which the main
office of the corporation 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.

All assessments made by the Co-operative Central Bank
in accordance with chapter seventy-three of the acts of
nineteen hundred and thirty-four and amendments thereto
upon the corporation shall continue to be held by the said
Co-operative Central Bank until all losses and all liquidat-
ing expenses of all corporations being liquidated at the
time of the conversion shall have been paid, whereupon
said converted corporation shall be entitled to receive
from the Co-operative Central Bank the unexpended
portions of such assessments, if any there be.

When conversion of a corporation has been completed,
and upon notice from the commissioner that the charter
of such corporation has been surrendered, all deposits in
the Co-operative Central Bank made by the corporation
in accordance with the provisions of chapter forty-five of
the acts of nineteen hundred and thirty-two, less all out-
standing indebtedness due by the converted corporation
to the Co-operative Central Bank, shall be paid over to
said converted corporation. Approved April 26, 1935.

Chap. 21Q An Act authorizing the proprietors of cedar grove

CEMETERY IN THE CITY OF BOSTON TO HOLD ADDITIONAL
PERSONAL ESTATE.

Be it enacted, etc., asfolloivs:

Section 1. The Proprietors of Cedar Grove Ceme-
tery, a corporation duly established by law and located
in the city of Boston, may hold personal estate to the
amount of three hundred thousand dollars in addition
to the amount now authorized by law.

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

Approved April 26, 1935.

Chap. 217 An Act providing security for the payment for
certain lumber employed in the construction or
repair of public buildings and other public works.

Be it enacted, etc., asfolloivs:

G.L. (Ter. SECTION 1. Section thirty-nine of chapter thirty of

^c! amended.' the General Laws, as amended by chapter three hundred

and fifty-one of the acts of nineteen hundred and thirty-four,

Acts, 1935. — Chap. 217.

199

is hereby further amended by inserting after the word
"repair" in the sixth Une the words: — , including lumber
so employed which is not incorporated in the construction
or repair work and is not wholly or necessarily consumed
or made so worthless as to lose its identity but only to the
extent of its purchase price less its fair salvage value, — so
as to read as follows : — Section 39. Officers or agents
contracting in behalf of the commonwealth for the con-
struction or repair of public buildings or other public works
shall obtain sufficient security, by bond or otherwise, for
payment by the contractor and sub-contractors for labor
performed or furnighed and for materials used or employed
in such construction or repair, including lumber so employed
which is not incorporated in the construction or repair
work and is not wholly or necessarily consumed or made so
worthless as to lose its identity but only to the extent of its
purchase price less its fair salvage value, and for the rental
or hire of vehicles, steam shovels, rollers propelled by steam
or other power, concrete mixers, tools and other appli-
ances and equipment employed in such construction or
repair; but in order to obtain the benefit of such security,
the claimant shall file with such officers or agents a sworn
statement of his claim, within sixty days after the claimant
ceases to perform labor or furnish labor, materials, appli-
ances and equipment as aforesaid, and shall, within one
year after the filing of such claim, file a petition in the
superior court for the proper county to enforce his claim
or intervene in a petition already filed; and the provisions
of chapter two hundred and fifty-eight shall apply to such
petitions.

Section 2. Section twenty-nine of chapter one hun-
dred and forty-nine of the General Laws, as appearing
in the Tercentenary Edition, is hereby amended by insert-
ing after the word "repair" in the fifth line the words: — ,
including lumber so employed which is not incorporated
in the construction or repair work and is not wholly or
necessarily consumed or made so worthless as to lose its
identity but only to the extent of its purchase price less its
fair salvage value, — so as to read as follows: — Section
29. Officers or agents who contract in behalf of any
county, city or town for the construction or repair of pub-
lic buildings or other public works shall obtain sufficient
security, by bond or otherwise, for payment by the con-
tractor and sub-contractors for labor performed or fur-
nished and materials used or employed in such construc-
tion or repair, including lumber so employed which is not
incorporated in the construction or repair work and is not
wholly or necessarily consumed or made so worthless as to
lose its identity but only to the extent of its purchase price
less its fair salvage value; but to obtain the benefit of such
security the claimant shall file in the office of the county
treasurer or of the city or town clerk a sworn statement of
his claim within sixty days after the claimant ceases to

Construction
and repair of
public build-
ings.

Security for
payment of
labor on.

G. L. (Ter.
Ed.), 149, § 29.
amended.

Security for
payment of
labor on pub-
lic works.

200

Acts, 1935. — Chap. 218.

perform labor or furnish labor or materials, and shall,
within one year after the filing of such claim, file a petition
in the superior court for the proper county to enforce his
claim or intervene in a petition already filed.

Approved April 26, 1935.

Chap.218

G. L. (Ter.
Ed.).68A. §13,
etc., amended.

Rate of in-
terest on sums
reimbursed,
when taxes are
abated in cer-
tain cases.

G. L. (Ter.
Ed.), 59, § 64,
etc., amended.

Same subject.

Ajsf Act reducing the rate of interest payable upon

SUMS REIMBURSED, WHEN LOCAL TAXES ALREADY PAID
ARE LATER ABATED.

Be it enacted, etc., as follows:

Section 1. Section thirteen of chapter fifty-eight A
of the General Laws, as most recently amended by section
eight of chapter three hundred and fifty of the acts of
nineteen hundred and thirty-three, is hereby further
amended by striking out, in the fourth and fifth lines of
the sentence inserted therein by said section eight, the
words "at the rate of six per cent per annum" and insert-
ing in place thereof the following: — , in case of a tax
assessed by the commissioner, at the rate of six per cent
per annum, or, in case of a tax assessed by said board, at
the rate of five per cent per annum, — so that said sentence
will read as follows: — If the order grants an abatement of
a tax assessed by the commissioner or by the board of
assessors of a town and the tax has been paid, the amount
abated with interest, in case of a tax assessed by the com-
missioner, at the rate of six per cent per annum, or, in
case of a tax assessed by said board, at the rate of five per
cent per annum, from the time when the tax was paid but,
in case of a tax assessed under chapter sixty-two, not from
a time earlier than October first of the year in which the
return of income subject to said tax was required to be
filed, and, if costs are ordered against the commissioner
or against a board of assessors, the amount thereof, shall
be paid to the taxpayer by the state treasurer or by the
town treasurer, as the case may be, and, if unpaid in the
latter case, execution therefor may issue against the town
as in actions at law.

Section 2. Section sixty-four of chapter fifty-nine of
the General Laws, as most recently amended by section one
of chapter one hundred and thirty of the acts of nineteen
hundred and thirty-three, is hereby further amended by
inserting after the word "interest" in the thirty-fourth line,
as printed in the Tercentenary Edition, the words: — at
five per cent, — so that the second paragraph will read
as follows: —

Upon the filing of a complaint under this section the clerk
of the county commissioners or of the board authorized
to hear and determine the same shall forthwith transmit
a certified copy of such complaint to the assessors and the
assessors or the city solicitor or town counsel may within
thirty days after receipt of said copy give written notice
to said clerk and to the complainant that the town elects

Acts, 1935. — Chap. 219. 201

to have the same heard and determined by the board of
tax appeals. Thereupon, the clerk of the county com-
missioners or of the board authorized to hear and determine
such complaints shall forward all papers with respect to
such complaint then in the file of the county commissioners
or other such board to the clerk of the board of tax appeals
and proceedings with respect to such complaint shall
thenceforth be continued as provided in chapter fifty-
eight A. If upon hearing the board of tax appeals finds
that the complainant is duly entitled to an abatement,
it may grant him such reasonable abatement as justice
may require, and shall enter an order directing the treasurer
of the town to refund said amount, if the tax sought to be
abated has been paid, together with all charges and interest
at five per cent on the amount of the abatement from the
date of the payment of the tax. The board may make such
order with respect to the payment of costs as justice may
require.

Section 3. Section sixty-nine of said chapter fifty- g. l. (Xer.
nine, as appearing in the Tercentenary Edition, is hereby fmeAde^d. ^ ^^'
amended by inserting after the word "interest" in the third
line the words : — at five per cent, — so as to read as
follows: — Section 69. A person whose tax has been Person receiv-
abated shall, if the tax has been paid, be reimbursed by Toherei^-^"^^
the town to the amount of the abatement allowed, with bursed, etc.
interest at five per cent from the time of payment of said
tax and all charges, paid therewith except legal costs paid
as provided in section sixty -two.

Approved April 26, 1935.

An Act further regulating the operation of motor (Jhn^ 219

VEHICLES BY NON-RESIDENTS. ^'

Be it enacted, etc., as follows:

Section ten of chapter ninety of the General Laws, as g. l. (Xer.
appearing in the Tercentenary Edition, is hereby amended Amended. ^ ^^'
by striking out all after the word "commonwealth" in the
thirty-first line, — so as to read as follows: — Section 10. operation of
No person shall operate a motor vehicle upon any way unless °'°'^°'" vehicles,
licensed under this chapter, except as is otherwise herein
provided; but this section shall not prevent the operation
of motor vehicles by unlicensed persons if riding with or
accompanied by a licensed operator, excepting only persons
who have been licensed and whose licenses are not in force
because of revocation or suspension, persons whose right
to operate is suspended by the registrar, and persons less
than sixteen years of age; but such licensed operator shall
be liable for the violation of any provision of this chapter,
or of any regulation made in accordance herewith, com-
mitted by such unlicensed operator; provided, that the
examiners of operators, in the employ of the registrar, when
engaged in their official duty, shall not be liable for the acts

202 Acts, 1935. — Chap. 220.

of any person who is being examined. The motor vehicle of
a non-resident may be operated on the ways of the common-
wealth in accordance with section three by its owner or by
his chauffeur or employee without a license from the regis-
trar if the operator is duly licensed under the laws of the
state or country where such vehicle is registered, or has
complied fully with its laws respecting the licensing of
operators of motor vehicles and has such license or evidence
of such comphance on his person or in the vehicle in some
easily accessible place; and a non-resident who holds a
license to operate motor vehicles under the laws of the state
or country in which he resides, and has the license on his
person or in the vehicle in some easily accessible place, may
at any time operate, without a license from the registrar, any
type of motor vehicle which he is licensed to operate under
said license, irrespective of the ownership of such vehicle;
provided, that the laws relative to registration are complied
with and that, as finally determined by the registrar, his
state or country grants substantially similar privileges to
residents of this commonwealth and prescribes and enforces
standards of fitness for operators of motor vehicles sub-
stantially as high as those prescribed and enforced by this
commonwealth. Approved April 26, 1935.

Chap. 220 An Act establishing the easton center water district

IN THE town of EASTON.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Easton
liable to taxation in said town and residing within the
territory comprised within the following boundary lines,
to wit: —

Beginning at a point on the boundary line of the South
Easton and Eastondale fire and water district in the center
of Central street opposite the southern boundary of the
property of James E. Morris; thence proceeding westerly
parallel to Depot street about thirteen hundred feet to the
westerly boundary line of the New York, New Haven and
Hartford Railroad; thence northerly along the westerly
boundary line of the New York, New Haven and Hartford
Railroad about forty-seven hundred feet to the southern
boundary of the North Easton Village district; thence
westerly along the southern boundary of the North Easton
Village district about thirteen hundred fifty feet to the
center line of Plain street; thence southerly along the
center line of Plain street about sixteen hundred fifty feet
to the center line of Summer street; thence southerly
about thirty-nine hundred feet and crossing Depot street
to the northwest corner of the property of the town infirm-
ary; thence southerly along the line of the westerly bound-
ary of the town infirmary a distance of five hundred -feet;
thence easterly about eighteen hundred feet to a point on

Acts, 1935. — Chap. 220. 203

the westerly boundary line of the property of the New
York, New Haven and Hartford Railroad; thence northerly
along the westerly boundary line of the New York, New
Haven and Hartford Railroad five hundred feet to the
center line of Purchase street; thence easterly along the
center line of Purchase street about twelve hundred feet
to the center line of Church street; thence northerly along
the westerly boundary line of the South Easton and
Eastondale fire and water district about two thousand
twelve feet to the center line of Depot street and Central
street; thence northerly along the boundary line of the
South Easton and Eastondale fire and water district
about three hundred fifty feet to the point of beginning, —
shall constitute a water district and are hereby made a
body corporate by the name of the Easton Center Water
District, hereinafter called the district, for the purpose of
supplying themselves with water for the extinguishment of
fires and for domestic and other purposes, with power to
establish fountains and hydrants and to relocate and dis-
continue the same, to regulate the use of such water and to
fix and collect rates to be paid therefor, and for the pur-
poses of assessing and raising taxes as provided herein for
the payment of such services, and for defraying the neces-
sary expenses of carrjdng on the business of said district,
subject to all general laws now or hereafter in force relating
to such districts, except as otherwise provided herein.
The district shall have power to prosecute and defend all
actions relating to its property and affairs.

Section 2. For the purposes aforesaid, the district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with any municipal-
ity, acting through its water department, or with any water
company, or with any water district, for whatever water
may be required, authority to furnish the same being
hereby granted, and /or may take by eminent domain
under chapter seventy-nine of the General Laws, or acquire
by lease, purchase or otherwise, and hold, the waters, or
any portion thereof, of any pond, spring or stream, or of
any ground sources of supply by means of driven, artesian
or other wells, within the town of Easton not already ap-
propriated for the purposes of a public supply, and the
water rights connected with any such water sources; and
for said purposes may take as aforesaid, or acquire by
purchase or otherwise, and hold, all lands, rights of way
and other easements necessary for collecting, storing,
holding, purifying and preserving the purity of the water
and for conveying the same to any part of said district;
provided, that no source of water supply or lands necessary
for preserving the quality of the water shall be so taken
or used without first obtaining the advice and approval of
the department of public health, and that the location and
arrangement of all dams, reservoirs, wells, pumping and
filtration plants and such other works as may be necessary

204 Acts, 1935. — Chap. 220.

in carrying out the provisions of this act shall be subject
to the approval of said department. Said district may con-
struct and maintain on the lands acquired and held under
this act proper dams, wells, reservoirs, standpipes, tanks,
pumping plants, buildings, fixtures and other structures,
including also the establishment and maintenance of filter
beds and purification works or systems, and may make
excavations, procure and operate machinery and provide
such other means and appliances, and do such other things
as may be necessary for the establishment and mainte-
nance of complete and effective water works; and for that
purpose may construct, lay and maintain aqueducts,
conduits, pipes and other works under or over any land,
water courses, railroads, railways and public or other ways,
and along such ways, in said town, in such manner as not
unnecessarily to obstruct the same; and for the purposes of
constructing, laying, maintaining, operating and repairing
such conduits, pipes and other works, and for all proper
purposes of this act, the district may dig up or raise and
embank any such lands, highways or other ways in such
manner as to cause the least hindrance to public travel on
such ways; provided, that all things done upon any such
way shall be subject to the direction of the selectmen of the
town of Easton. Said district shall not enter upon, con-
struct or lay any conduit, pipe or other works within the
location of any railroad corporation except at such time and
in such manner as it may agree upon with such corpora-
tion, or, in case of failure so to agree, as may be approved
by the department of public utilities. Said district may
enter upon any lands for the purpose of making surveys,
test pits and borings, and may take or otherwise acquire
the right to occupy temporarily any lands necessary for
the construction of any work or for any other purpose
authorized by this act.

Section 3. Any person sustaining damages in his
property by any taking under this act or any other thing
done under authority thereof may recover such damages
from the district under said chapter seventy-nine; but the
right to damages for the taking of any water, water right
or water source, or for any injury thereto, shall not vest
until water is actually withdrawn or diverted under author-
ity of this act.

Section 4. For the purpose of paying the necessary
expenses and liabilities incurred under the provisions of
this act, other than expenses of maintenance and opera-
tion, the district may borrow from time to time such sums
as may be necessary, not exceeding, in the aggregate,
fifteen thousand dollars, and may issue bonds or notes
therefor which shall bear on their face the words, Easton
Center Water District Loan, Act of 1935. Each authorized
issue shall constitute a separate loan, and such loans shall
be payable in not more than thirty years from their dates.
Indebtedness incurred under this act shall be subject to

Acts, 1935. — Chap. 220. 205

chapter forty-four of the General Laws. The town of
Easton may, at its annual town meeting or at a legal meet-
ing called for the purpose, guarantee the payment of such
bonds or notes.

Section 5. The district shall, at the time of authoriz-
ing said loan or loans, provide for the payment thereof in
accordance with section four of this act; and when a vote
to that effect has been passed a sum which, with the income
derived from water rates, will be sufficient to pay the annual
expense of operating its water works and the interest as it
accrues on the bonds or notes issued as aforesaid by the dis-
trict, and to make such payments on the principal as may
be required under the provisions of this act, shall without
further vote be assessed upon the district by the assessors
of said town of Easton annually thereafter until the debt
incurred by said loan or loans is extinguished.

Section 6. Any land taken or acquired under this act
shall be managed, improved and controlled by the board of
water commissioners hereinafter provided for, in such
manner as they shall deem for the best interest of the
district. All authority vested in said commissioners by
this section shall be subject to section nine.

Section 7. Whenever a tax is duly voted by said
district for the purposes of this act, the clerk shall send a
certified copy of the vote to the assessors of said town, who
shall assess the same in the same manner in all respects
in which town taxes are required by law to be assessed;
provided, that no estate shall be subject to any tax assessed
on account of the system of water supply under this act,
if, in the judgment of the board of water commissioners
hereinafter provided for, after a hearing, such estate is so
situated that it can receive no aid in the extinguishment of
fire from the said system of water supply, or if such estate
is so situated that the buildings thereon, or the buildings
that might be constructed thereon, in any ordinary or
reasonable manner could not be supplied with water from
said system; but all other estates in said district shall be
deemed to be benefited and shall be subject to the tax.
A certified list of the estates exempt from taxation under
the provisions of this section shall annually be sent by the
board of water commissioners to the assessors, at the same
time at which the clerk shall send a certified copy of the
vote as aforesaid. The assessment shall be committed
to the town collector, who shall collect said tax in the man-
ner provided by law for the collection of town taxes, and
shall deposit the proceeds thereof with the district treasurer
for the use and benefit of said district. Said district may
collect interest on overdue taxes in the manner in which
interest is authorized to be collected on town taxes.

Section 8. The first meeting of the voters of the
territory included within said district by section one of
this act shall be called on petition of ten or more legal
voters therein, by a warrant from the selectmen of said

206 Acts, 1935. — Chap. 220.

town, or from a justice of the peace, directed to one of the
petitioners, requiring him to give notice of the meeting
by posting copies of the warrant in two or more pubHc
places in the district seven days at least before the time of
the meeting. Such justice of the peace, or one of the select-
men, shall preside at such meeting until a clerk is chosen
and sworn, and the clerk shall preside until a moderator is
chosen. After the choice of a moderator for the meeting
the question of the acceptance of this act shall be submitted
to the voters, and if it is accepted by two thirds of the
voters present and voting thereon it shall take full effect,
and the meeting may then proceed to act on the other
articles in the warrant.

Section 9. Said district shall, after the acceptance of
this act as aforesaid, elect by ballot, either at the same
meeting at which this act is accepted or at a special meet-
ing thereafter called for the purpose, three persons to hold
office, one until the expiration of three years, one until the
expiration of two years, and one until the expiration of one
year, from the day of the next succeeding annual district
meeting, to constitute a board of water commissioners;
and at every annual meeting thereafter one such com-
missioner shall be elected by ballot for a term of three years.
All the authority granted to said district by this act,
except sections four and five, and not otherwise specifi-
cally provided for, shall be vested in said board of water
commissioners, who shall be subject, however, to such
instructions, rules and regulations as the district may by
vote impose. At the meeting at which said commissioners
are first elected and at each annual district meeting, the
commissioners shall elect by ballot a treasurer of the dis-
trict, who may be a commissioner, and who shall give bond
to the district in such an amount as may be fixed by the
commissioners and with a surety company authorized to
transact business in the commonwealth as surety. A
majority of the commissioners shall constitute a quorum
for the transaction of business. Any vacancy occurring
in said board from any cause may be filled for the remainder
of the unexpired term by said district at any legal meeting
called for the purpose. No money shall be drawn from the
treasury of said district on account of the water works
except upon a written order of said commissioners or a
majority of them.

Acts, 1935. — Chap. 220. 207

should remain after payment for such new construction the
water rates shall be reduced proportionately. Said com-
missioners shall annually, and as often as the district may
require, render a report upon the condition of the works
under their charge, and an account of their doings, includ-
ing an account of receipts and expenditures.

Section 11. The district may adopt by-laws pre-
scribing by whom and how meetings may be called, notified,
and conducted; and, upon the application of ten or more
legal voters in the district, meetings may also be called by
warrant as provided in section eight. The district may
also establish rules and regulations for the management
of its water works, not inconsistent with this act or with
any other provision of law, and may choose such other
officers not provided for in this act as it may deem neces-
sary or proper. The district shall have all the rights and
privileges conferred by law upon water districts, so far as
applicable.

Section 12. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water obtained or supplied under
this act, or wilfully or wantonly injures any reservoir,
well, standpipe, aqueduct, pipe or other property owned or
used by the district for any of the purposes of this act,
shall forfeit and pay to the district three times the amount
of damages assessed therefor, to be recovered in an action
of tort, and upon conviction of any of the above wilful or
wanton acts shall be punished by a fine of not more than
one hundred dollars or by imprisonment in jail for not
more than six months.

Section 13. Upon a petition in writing addressed to
said commissioners requesting that certain real estate, accu-
rately described therein, located in said town and abutting
on said district be included within the limits thereof, and
signed by the owners of such real estate, or a major por-
tion thereof, said commissioners shall cause a duly warned
meeting of the district to be called, at which meeting the
voters may vote on the question of including said real
estate within the district. If a majority of the voters
present and voting thereon vote in the affirmative the
district clerk shall within ten days file with the town clerk
of said town and with the state secretary an attested copy
of said petition and vote; and thereupon said real estate
shall become and be part of the district and shall be holden
under this act in the same manner and to the same extent
as the real estate described in section one.

Section 14. This act shall take full effect upon its
acceptance by a two thirds vote of the voters of the terri-
tory included within said district by section one of this act
present and voting thereon at a district meeting called, in
accordance with the provisions of section eight, within
four years after its passage; but it shall become void unless
said district shall begin to distribute water to consumers
within two years after its acceptance as aforesaid.

Approved April 26, 1935.

208 Acts, 1935. — Chap. 221.

Chap. 221 An Act extending for one year the opportunity to

CITIES AND TOWNS TO BORROW UNDER THE ACT CREATING
THE EMERGENCY FINANCE BOARD.

Be it enacted, etc., as follows:

Section 1. Chapter forty-nine of the acts of nineteen
hundred and thirty-three is hereby amended by striking
out section two and inserting in place thereof the following:
— 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 revenue loans, and the board
may, if in its judgment the financial affairs of such city or
town warrant, grant its approval to the borrowing as afore-
said 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 borrowing is made at any time or
times prior to July first, nineteen hundred and thirty-six.
In case of such approval, the treasurer of such city or town
shall, without further vote, issue notes, with interest at
such rate as may be fixed by the treasurer with the ap-
proval of the board, in the amount approved by the board,
for purposes of sale to the commonwealth only, and said
notes, upon their tender to the state treasurer, shall forth-
with 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 re-
newal shall not be later than July first, nineteen hundred
and thirty-seven. 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 Gen-
eral 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 administra-
tion of the funds provided by sections three and five shall
be distributed to such cities and towns in November,
nineteen hundred and forty, 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.

Acts, 1935. — Chap. 222.

209

Section 2. Section five of said chapter forty-nine, as
amended by chapter three hundred and thirteen of the
acts of nineteen hundred and thirty-four, is hereby further
amended by striking out, in the sixth hne, the word
"sixteen" and inserting in place thereof the word: —
twenty, — and by striking out, in the fifteenth Hne, the
word "thirty-nine" and inserting in place thereof the
word : — forty, — so as to read as follows : — Section 5.
The state treasurer, with the approval of the governor and
council, may borrow from time to time, on the credit of
the commonwealth, such sums as may be necessary to
provide funds for loans to municipalities as aforesaid, but
not exceeding twenty million dollars, and may issue and
renew notes of the commonwealth therefor, bearing 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 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 com-
monwealth, but such notes, whether original or renewal,
shall be payable not later than November thirtieth, nine-
teen hundred and forty. All notes issued under this
section shall be signed by the state treasurer, approved by
the governor and countersigned by the comptroller.

Approved April 26, 1935.

An Act relative to the issue of certain coupon notes (Jhav 222

AND other evidences OF INDEBTEDNESS BY GAS AND ^'

electric companies and WATER COMPANIES.

Be it enacted, etc., as follows:

Section fourteen of chapter one hundred and sixty-four g. l. (Ter.
of the General Laws, as appearing in the Tercentenary fmende^d." ^ ^*'
Edition, is hereby amended by striking out, in the third
line, the words "three years" and inserting in place thereof
the words: — one year, — so as to read as follows: — Sec- issue of stock,
tion 14- Gas and electric companies shall issue only such garan/eie'c^^
amount of stock and bonds, and of coupon notes and other trie companies,
evidences of indebtedness payable at periods of more than
one year after the date thereof, as the department may
from time to time vote is reasonably necessary for the
purpose for which such issue of stock, bonds, coupon notes
or other evidences of indebtedness has been authorized.
The department may take into consideration any resources
of the companies available or which might have been avail-
able for said purpose. The department shall render a
decision upon an application for such issue within thirty
days after the final hearing thereon. The decision shall be
in writing, shall assign the reasons therefor, shall, if approv-
ing such issue, specify the respective amounts of stock,
bonds, coupon notes or other evidences of indebtedness

210

Acts, 1935. — Chap. 223.

which are approved to be issued for the respective purposes
to which the proceeds thereof are to be applied, and shall,
within seven days after it has been rendered, be filed in the
office of the department. A certificate of the vote of the
department shall, within three days after such decision
has been rendered and before the stock, bonds, coupon
notes or other evidences of indebtedness are issued, be
filed in the office of the state secretary, and a duplicate
thereof delivered to the corporation, which shall enter the
same upon its records. A company subject to this section
shall not apply the proceeds of such stock, bonds, coupon
notes or other evidences of indebtedness to any purpose
not specified in such certificate. No application for the
approval of an issue of stock shall be made unless authorized
by vote of the incorporators, if an original issue, or of the
stockholders if an increase of stock, passed not more than
four months prior to such application; but a vote of the
stockholders to increase the capital stock may be passed
before or after the decision of the department.

Approved April 26, 1935.

G. L. (Ter.
Ed.), 90, § 19,
etc., amended.

Trailers and
motor trucks,
dimensions of.

C/iap. 223 An Act relative to the use of certain trailers on

THE WAYS OP THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. Section nineteen of chapter ninety of the
General Laws, as most recently amended by section three
of chapter three hundred and thirty-two of the acts of
nineteen hundred and thirty-three, is hereby further
amended by striking out the last sentence and inserting
in place thereof the following : —

No trailer having a carrying capacity of more than one
thousand pounds, other than a semi-trailer, or a heavy duty
platform trailer used for purposes other than the trans-
portation of goods, wares and merchandise, shall be operated
or drawn on the ways of the commonwealth; provided,
that a trailer having a carrying capacity of more than one
thousand pounds may be operated or drawn upon any way
for a distance not exceeding one half mile, if said trailer is
used exclusively for agricultural purposes, or for a distance
not exceeding three hundred yards, if such trailer is used
for industrial purposes other than agricultural purposes, for
the purpose of going from property owned or occupied by
the owner of such trailer to other property so owned or
occupied. No motor vehicle shall be operated on any way
to draw more than one trailer or other vehicle.

Section 2. This act shall take effect January first,
nineteen hundred and thirty-six.

Approved April 26, 1935.

Effective date.

Acts, 1935. — Chap. 224. 211

An Act relative to practice and procedure in the land (Jhn^ 924

COURT IN RESPECT TO PETITIONS FOR FORECLOSURE OF
RIGHTS OF REDEMPTION UNDER TAX TITLES.

Be it enacted, etc., as follows:

Section 1. Section sixty-six of chapter sixty of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, Amended. ^^^'
is hereby amended by inserting after the word "entered"
in the fifteenth Une the words : — and answer filed, — and
by inserting after the word "appear" in the sixteenth line
the words: — and answer, — so as to read as follows: —
Section 66. Upon the fihng of such a petition the court Examination
shall forthwith cause to be made by one of its official etc"*"^^' ^°^^'^^'
examiners an examination of the title sufficient only to
determine the persons who may be interested in the same,
and shall upon the filing of the examiner's report notify
all persons appearing to be interested, whether as equity
owners, mortgagees, lienors, attaching creditors or other-
wise, of the pendency of the petition, the notice to be sent
to each by registered mail and return of receipt required,
the addresses of respondents, so far as may be ascertained,
being furnished by the petitioner. Such other and further
notice by publication or otherwise shall be given as the
court may at any time order. The notice, to be addressed
"To all whom it may concern", shall contain the name of
the petitioner, the names of all known respondents, a
description of the land and a statement of the nature of the
petition, shall fix the time within which appearance may
be entered and answer filed, and shall contain a statement
that unless the party notified shall appear and answer
within the time fixed a default will be recorded, the peti-
tion taken as confessed, and the right of redemption forever
barred.

Section 2. Section sixty-seven of said chapter sixty, q l. (Xer.
as so appearing, is hereby amended by inserting after the fj^^^^j^jg^ ^ ^^•
word "appear" in the fourth line the words: — and answer,
— so as to read as follows : — Section 67. After the return Default.
day fixed, to be at least twenty days after the time of the
actual issuance of notice, the court shall, if satisfied that
the notice has been properly given, on motion of the peti-
tioner enter an order defaulting all persons failing to appear
and answer, and decreeing that the petition as to them be
taken as confessed.

Section 3. Section sixty-eight of said chapter sixty, g. l. (Ter.
as so appearing, is hereby amended by striking out in the f^endid. ^ ^^'
first and second lines the words "within ten days after
entering his appearance" and inserting in place thereof
the words: — on or before the return day, — so as to
read as follows: — Section 68. Any person claiming an Answer, offer
interest, on or before the return day or within such further ° '^^ ^*"'
time as may on motion be allowed by the court, shall, if
he desires to redeem, file an answer setting forth his right

212

Acts, 1935. — Chap. 224.

G. L. (Ter.
Ed.), 60, § 69,
amended.

Decree barring
redemption.

G. L. (Ter.
Ed.), 60, § 70,
amended.

Questions of
validity of
title.

Effective date.

in the premises, and an offer to redeem upon such terms as
may be fixed by the court. Thereupon the court shall
hear the parties, and may in any case in its discretion make
a finding allowing the party to redeem, within a time fixed
by the court, upon payment to the petitioner of an amount
sufficient to cover the original sum, costs, interest at the
rate of eight per cent per annum, and all subsequent taxes,
costs and interest to which the petitioner may be entitled
under section sixty-one or sixty-two, together with the
costs of the proceeding and such counsel fee as the court
deems reasonable. The court may impose such other
terms as justice and the circumstances warrant.

Section 4. Section sixty-nine of said chapter sixty,
as so appearing, is hereby amended by striking out, in
the first and second lines, the words ", or on motion for
failure to file answer", — so as to read as follows: — Sec-
tion 69. If a default is entered under section sixty-seven,
or if redemption is not made within the time and upon
the terms fixed by the court under the preceding section,
or if at the time fixed for the hearing the person claiming
the right to redeem does not appear to urge his claim, or if
upon hearing the court determines that the facts shown
do not entitle him to redeem, a decree shall be entered
which shall forever bar all rights of redemption.

Section 5. Section seventy of said chapter sixty, as so
appearing, is hereby amended by striking out in the third
line the words "within ten days after filing his appearance"
and inserting in place thereof the words: — on or before
the return day, — so as to read as follows : — Section 70.
If a person claiming an interest desires to raise any ques-
tion concerning the validity of such a title, he shall do so by
answer filed in the proceeding on or before the return day,
or within such further time as may on motion be allowed
by the court, or else be forever barred from contesting or
raising the question in any other proceeding. He shall also
file specifications setting forth the matters upon which he
relies to defeat the title; and unless such specifications
are so filed, all questions of the validity or invalidity of the
title, whether in form of deed or proceedings relating to
the sale or taking, shall be deemed to have been waived.
Upon the filing of the specifications the court shall hear the
parties, and shall enter a decree in conformity with the law
on the facts found.

Section 6. This act shall become operative October
first of the current year and shall apply only in the case of
petitions thereafter brought. Approved April 26, 1935.

Acts, 1935. — Chaps. 225, 226.

213

An Act requiring consideration by the advisory board Qhav 225

OF PARDONS OF THE CASES OF CERTAIN LIFE PRISONERS ON
THE QUESTION OF EXTENDING CLEMENCY.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-seven of the General
Laws is hereby amended by inserting after section one
hundred and fifty-four, as appearing in the Tercentenary
Edition, the following new section: — Section I64A. In
every case where a person is confined in any penal institu-
tion except Bridgewater state hospital under a sentence
for the term of his or her natural life, the board of parole,
acting as the advisory board of pardons, shall, within sixty
days after the expiration of fifteen years of such sentence,
consider carefully and thoroughly the merits of such case
on the question of extending clemency, as provided in sec-
tion one hundred and fifty-four in the case where a petition
for pardon or commutation of sentence is referred to it by
the governor, and all the provisions of said section shall,
so far as pertinent, apply. Nothing herein shall require
the said board to consider again the case of a prisoner if it
has previously considered the same under section one hun-
dred and fifty-four. Approved April 26, 19S5.

G. L. (Ter.
Ed.), 127, new
section 154A,
added.

Advisory board
of pardons,
duties relative
to clemency to
certain life
prisoners.

An Act relative to the purchase and distribution of Chav. 226

BOOKS containing PORTRAITS OF MEMBERS OF THE
GENERAL COURT AND OTHER MATTERS OF PUBLIC INTEREST.

Be it enacted, etc., as follows:

Section 1. Section eighteen of chapter five of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, Amended! ^^'
is hereby amended by striking out, in the second line, the
word "forty" and inserting in place thereof the word: —
fifty, — and by striking out, in the eighth and ninth lines,
the words "sixteen hundred" and inserting in place thereof
the words : — eighteen hundred and fifty, — so as to read
as follows: — Section 18. The clerks of the two branches Purchase, etc..
of the general court may, in every odd-numbered year, pur- tlinfn^por-^'
chase three hundred and fifty copies of a book containing traits of mem-
portraits and biographical sketches of members of the court" ^®°"^
general court and other state officers, lists of committees
and such other information as the clerks approve. The
clerks shall furnish one such copy to each such member
and shall distribute the other copies as the committees on
rules of the senate and house of representatives may direct.
The clerks may expend therefor a sum not exceeding eight-
een hundred and fifty dollars.

Section 2. After a sufficient appropriation has been
made, this act shall also apply, for the purpose of prevent-
ing loss to the publisher, to the purchase of the copies of the
current edition of said book. Approved April 26, 1935.

214

Acts, 1935. — Chaps. 227, 228, 229.

Chap. 227 An Act relative to payments, charges, contracts, pur-
chases, SALES OR obligations OR OTHER ARRANGEMENT
BETWEEN GAS OR ELECTRIC COMPANIES AND AFFILIATED
COMPANIES, AND THE BURDEN OF PROVING THE REASON-
ABLENESS THEREOF.

Be it enacted, etc., as follows:

Chapter one hundred and sixty-four of the General Laws
is herebj'' amended by inserting after section ninety-four B,
as appearing in the Tercentenary Edition, the following
new section: — Section 94C. Whenever, in any proceed-
ing before the department under section fourteen, ninety-
two, ninety-two A, ninety-three, ninety-four, ninety-four
A or ninety-four B, the reasonableness of any payment,
charge, contract, purchase, sale, obligation or other arrange-
ment between a gas or electric company and a company
related to it as an affiliated company, as defined in section
eighty-five, shall come into question, the burden of estab-
lishing and proving the reasonableness of such payment,
charge, contract, purchase, sale, obligation or other arrange-
ment shall be upon such gas or electric company.

Approved April 26, 1935.

G. L. (Ter.
Ed.), 164, new
section 940,
added.

Gas or electric
companies,
charges to af-
filiated com-
panies.

Chap. 228

G. L. (Ter.
Ed.), 31, new
section 6A,
added.

Rules, etc.,
respecting
educational re-
quirements.

An Act dispensing with educational requirements as
a condition of taking certain civil service examina-
TIONS.

Be it enacted, etc., as follows:

Chapter thirty-one of the General Laws is hereby amend-
ed by inserting after section six, as most recently amended
by chapter two hundred and sixty of the acts of nineteen
hundred and thirty-two, the following new section : —
Section 6 A. No rule or regulation shall be made setting
up educational requirements as a condition of taking a
civil service examination except in respect to professional
and other positions for which such requirements are ex-
pressly imposed by statute and to the extent of the require-
ments so imposed. Approved April £6, 1935.

Chap. 22^

G. L. (Ter.
Ed.), 212, new
section 26A,
added.

Transfer to
land court of
certain actions.

An Act providing for the transfer from the superior
court to the land court of certain actions at law
and suits in equity where any right, title or in-
terest in land is involved.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and twelve of the
General Laws is hereby amended by inserting after section
twenty-six, as appearing in the Tercentenary Edition, the
following new section: — Section 26 A. The superior court
may, upon the apphcation of either party, order a jury
waived action at law or a suit in equity where any right,
title or interest in land is involved, except suits in equity

Acts, 1935. — Chap. 230. 215

for specific performance of contracts, removed to the land
court for trial and disposition. Upon the entry of such
an order, the clerk of the court shall forthwith transmit
all the papers in the case to the recorder of the land court
who shall forthwith enter them on the land court docket,
which court thereafter shall have jurisdiction of the action
or suit so removed.

Section 2. This act shall take effect on the first day of Effective date.
October in the current year. Approved April 26, 1935.

An Act establishing the south chelmsford water
district of chelmsford.

Be it enacted, etc., as follows:

Section 1. Beginning at a stone bound marked S. C.
on the top thereof, located on the southerly boundary of
the Chelmsford Water District and three hundred feet
easterly of the center line of Acton road; thence in a south-
erly direction to a stone bound on the northerly line of
Parker road two hundred feet easterly from the intersection
of the northerly line of Parker road and the easterly line
of Fay road; thence southerly to a stone bound on the
easterly line of Park road seven hundred feet southerly
from the intersection of the easterly line of Park road and
the southerly line of Proctor road; thence in a westerly
direction to a stone bound on the easterly line of Acton
road; thence northwesterly parallel to and three hundred
feet westerly of Pond road to a stone bound on the southerly
line of Parkerville road ; thence northerly to a stone bound
two hundred feet westerly of the Garrison road on the exten-
sion of the southerly line of Maple road; thence north-
easterly to a stone bound on the westerly line of Locust
road five hundred feet northerly from the intersection of
the westerly line of Locust road and the northerly line of
Robbins Hill road; thence northeasterly to a stone bound
located on the southerly line of the Chelmsford Water
District, and five hundred feet westerly of the center line
of Acton road; thence easterly along the southerly line
of the Chelmsford Water District to the point of begin-
ning, — shall constitute a water district, and are hereby
made a body corporate by the name of the South Chelms-
ford Water District of Chelmsford, hereinafter called the
district, for the purpose of supplying themselves with water
for the extinguishment of fires and for domestic and other
purposes, with power to establish fountains and hydrants
and to relocate and discontinue the same, to regulate the
use of such water and to fix and collect rates to be paid
therefor, and to take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by lease,
purchase or otherwise, and to hold for the purposes men-
tioned in this act, property, lands, rights of way and other
easements, and to prosecute and defend all actions relating
to the property and affairs of the district.

Chap,230

216 Acts, 1935. — Chap. 230.

Section 2. For the purposes aforesaid, said district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with the Chelms-
ford Water District or the city of Lowell, or any other town
or city, acting through its water department, or with any
water company, or with any other water district, for what-
ever water may be required, authority to furnish the same
being hereby granted, and /or may take under chapter
seventy-nine of the General Laws, or acquire by purchase
or otherwise, and hold, the waters, or any portion thereof,
of any pond or stream, or of any ground sources of supply
by means of driven, artesian or other wells within the town
of Chelmsford, not already used for public water supply,
and the water rights connected with any such water sources;
and for such purposes may take as aforesaid, or acquire
by purchase or otherwise, and hold, all lands, rights of way
and other easements necessary for collecting, storing, hold-
ing, purifying and preserving the purity of the water and
for conveying the same to any part of said district; pro-
vided, that no source of water supply or lands necessary for
preserving the quality of the water shall be so taken or
used without first obtaining the advice and approval of
the state department of public health, and that the loca-
tion 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. Said district may construct on the
lands acquired and held under this act proper dams, reser-
voirs, standpipes, tanks, buildings, fixtures and other struc-
tures, and may make excavations, procure and operate
machinery and provide such other means and appliances
and do such other things as may be necessary for the estab-
lishment and maintenance of complete and effective water
works; and for that purpose may construct pipe lines, wells
and reservoirs and establish pumping works, and may
construct, lay and maintain aqueducts, conduits, pipes
and other works under or over any land, water courses, rail-
roads, railways and public or other ways, and along such
ways, in said town, in such manner as not unnecessarily to
obstruct the same; and for the purposes of constructing,
laying, maintaining, operating and repairing such conduits,
pipes and other works, and for all proper purposes of this
act, said district may dig up or raise and embank any such
lands, highways or other ways in such manner as to cause
the least hindrance to pubhc travel on such ways; provided,
that all things done upon any such way shall be subject to
the direction of the selectmen of the town of Chelmsford.
Said district shall not enter upon, construct or lay any
conduit, pipe or other works within the location of any
railroad corporation except at such time and in such manner
as it may agree upon with such corporation, or in case of
failure so to agree, as may be approved by the department
of public utilities.
Section 3. Any person sustaining damages in his prop-

Acts, 1935. — Chap. 230. 217

erty by any taking under this act or any other thing done
under authority thereof may recover such damages from
said district under said chapter seventy-nine; but the right
to damages for the taking of any water, water right or
water source, or for any injury thereto, shall not vest until
water is actually withdrawn or diverted under authority of
this act.

Section 4. For the purpose of paying the necessary
expenses and liabilities incurred for the system of water
supply under the provisions of this act, other than expenses
of maintenance and operation, the said district may borrow
from time to time such sums as may be necessary, not
exceeding, in the aggregate, forty thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, South Chelmsford Water District Loan,
Act of 1935. Each authorized issue shall constitute a
separate loan, and such loans shall be payable in not more
than thirty years from their dates. Indebtedness incurred
under this act shall be subject to chapter forty-four of the
General Laws.

Section 5. Said district shall, at the time of authoriz-
ing said loan or loans, provide for the payment thereof in
accordance with section four of this act; and when a vote
to that effect has been passed, a sum which, with the income
derived from water rates, will be sufficient to pay the annual
expense of operating its water works and the interest as it
accrues on the bonds or notes issued as aforesaid by the
district, and to make such payments on the principal as
may be required under the provisions of this act, shall
without further vote be assessed upon said district lay the
assessors of said town of Chelmsford annually thereafter
until the debt incurred by said loan or loans is extinguished.

Section 6. Any land taken or acquired under this
act shall be managed, improved and controlled by the com-
missioners hereinafter provided for, in such manner as
they shall deem for the best interest of the district.

Section 7. Whenever a tax is duly voted by said dis-
trict for the purposes of this act, the clerk shall send a
certified copy of the vote to the assessors of said town, who
shall assess the same in the same manner in all respects
in which town taxes are required by law to be assessed;
provided, that no estate shall be subject to any tax assessed
on account of the system of water supply under this act if,
in the judgment of the board of water commissioners here-
inafter provided for, after a hearing, such estate is so
situated that it can receive no aid in the extinguishment
of fire from the said system of water supply, or if such
estate is so situated that the buildings thereon, or the build-
ings that might be constructed thereon, in any ordinary or
reasonable manner could not be supplied with water from
the said system; but all other estates in said district shall
be deemed to be benefited and shall be subject to the tax.
A certified list of the estates exempt from taxation under

218 Acts, 1935. — Chap. 230.

the provisions of this section shall annually be sent by the
board of water commissioners to the assessors, at the same
time at which the clerk shall send a certified copy of the
vote as aforesaid. The assessment shall be committed to
the town collector, who shall collect said tax in the manner
provided by law for the collection of town taxes, and shall
deposit the proceeds thereof with the district treasurer for
the use and benefit of said district. Said district may col-
lect interest on overdue taxes in the manner in which inter-
est is authorized to be collected on town taxes.

Section 8. The first meeting of said district shall be
called, within four years after the passage of this act, on
petition of ten or more legal voters therein, by a warrant
from the selectmen of said town, or from a justice of the
peace, directed to one of the petitioners, requiring him to
give notice of the meeting by posting copies of the warrant
in two or more public places in the district seven days at
least before the time of the meeting. Such justice of the
peace, or one of the selectmen, shall preside at such meet-
ing until a clerk is chosen and sworn, and the clerk shall
preside until a moderator is chosen. After the choice of a
moderator for the meeting the question of the acceptance
of this act shall be submitted to the voters, and if it is
accepted by two thirds of the voters present and voting
thereon it shall take effect, and the meeting may then
proceed to act on the other articles in the warrant.

Section 9. Said district shall, after the acceptance of
this act as aforesaid, elect by ballot, either at the same
meeting at which this act is accepted or at a special meet-
ing thereafter called for the purpose, three persons to hold
office, one until the expiration of three years, one until the
expiration of two years, and one until the expiration of one
year from the day of the next succeeding annual district
meeting, to constitute a board of water commissioners;
and at every annual meeting after such next succeeding
annual district meeting one such commissioner shall be
elected by ballot for the term of three years. All the author-
ity granted to said district by this act, except sections four
and five, and not otherwise specifically provided for, shall
be vested in said board of water commissioners, who shall
be subject, however, to such instructions, rules and regula-
tions as the district may by vote impose. Said commis-
sioners shall appoint a treasurer of said district, who may
be one of their number, who shall give bond to said dis-
trict in such an amount as may be approved by the com-
missioners. A majority of the commissioners shall con-
stitute a quorum for the transaction of business. Any
vacancy occurring in said board from any cause may be
filled for the remainder of the unexpired term by said
district at any legal meeting called for the purpose. No
money shall be drawn from the treasury of said district on
account of the water works except upon a written order.of
said commissioners or a majority of them.

Acts, 1935. — Chap. 230. 219

Section 10. Said commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income
of the water works shall be appropriated to defray all
operating expenses, interest charges and payments on the
principal as they shall accrue upon any bonds or notes
issued under authority of this act. If there should be a
net surplus remaining after providing for the aforesaid
charges, it may be appropriated for such new construction
as said commissioners may recommend, and in case a
surplus should remain after payment for such new construc-
tion the water rates shall be reduced proportionately. Said
commissioners shall annually, and as often as said district
may require, render a report upon the condition of the works
under their charge, and an account of their doings, includ-
ing an account of receipts and expenditures.

Section 11. Said district may adopt by-laws pre-
scribing by whom and how meetings may be called, notified
and conducted; and, upon the application of ten or more
legal voters in said district meetings may also be called by
warrant as provided in section eight. Said district may
also establish rules and regulations for the management of
its water works, not inconsistent with this act or with law,
and may choose such other officers not provided for in this
act as it may deem necessary or proper.

Section 12. Whoever wilfully or wantonly corrupts,
pollutes or diverts, any water obtained or supplied under
this act, or wilfully or wantonly injures any reservoir,
standpipe, aqueduct, pipe or other property owned or
used by said district for any of the purposes of this act shall
forfeit and pay to said district three times the amount of
damages assessed therefor, to be recovered in an action of
tort, and upon conviction of any of the above acts shall be
punished by a fine not exceeding one hundred dollars or by
imprisonment in jail for not more than twelve months.

Section 13. This act shall take full effect upon its
acceptance by a two thirds vote of the voters of said dis-
trict present and voting thereon at a district meeting called,
in accordance with the provisions of section eight, within
four years after its passage; but it shall become void unless
said district shall begin to distribute water to consumers
within two years after its acceptance as aforesaid.

Section 14. Upon a petition in writing addressed to
said commissioners by any owner of real estate in said town,
abutting on said district, setting forth that the petitioner
desires to have certain accurately described portions of
his real estate included in said district, said commissioners
shall cause a duly warned meeting of said district to be
called at which meeting the voters may vote on the ques-
tion of including said real estate within said district. If
a majority of the voters present and voting thereon vote
in the affirmative, the district clerk shall within ten days
file with the town clerk of said town and with the state

220

Acts, 1935. — Chaps. 231, 232, 233.

secretary an attested copy of said petition and vote,
describing precisely the real estate added to said district;
and thereupon said real estate shall become and be a part
of said district and shall be holden under this act in the same
manner and to the same extent as the real estate described
in section one. Approved April SO, 1936.

Chap. 231 A.N Act relative to voting by the town of amherst on

THE QUESTION OF THE PURCHASE BY SAID TOWN OF THE
PROPERTY, RIGHTS AND PRIVILEGES OF THE AMHERST
WATER COMPANY.

Be it enacted, etc., as follows:

Section five of chapter one hundred and ninety-eight of
the acts of nineteen hundred and three is hereby amended
by adding at the end thereof the following: — ; provided,
that, in the case of said town, such vote shall be taken at
an annual or special town meeting in answer to the follow-
ing question, which shall be placed upon the official ballot
to be used at said meeting: "Shall the town purchase the
property, rights and privileges of the Amherst Water
Company?" Approved April SO, 19S5.

Chap. 232 A-N Act to require foreign life insurance companies

TO PROVIDE FOR PAID-UP AND EXTENDED TERM INSURANCE
AND CASH SURRENDER VALUES ON POLICIES OF INDUSTRIAL
LIFE INSURANCE ISSUED IN THE COMMONWEALTH.

Be it enacted, etc., as follows:

Chapter one hundred and seventy-five of the General
Laws is hereby amended by inserting after section one
hundred and forty-seven A, as appearing in the Tercen-
tenary Edition, the following new section: — Section 147B.
The provisions of sections one hundred and forty-six, one
hundred and forty-seven and one hundred and forty-seven
A shall apply to any policy of industrial life insurance
issued or delivered in the commonwealth by any foreign
life company on and after January first, nineteen hundred
and thirty-six. Approved May 1, 19S5.

G. L. (Ter.
Ed.), 175, new
section 147B,
added.

Application of
certain sec-
tions to certain
industrial life
insurance
policies.

Chap. 233 -^N Act relative to the enforcement of fish and game

LAWS within the BOUNDARIES OP STATE FORESTS AND
TO THE ENFORCEMENT OF RULES AND REGULATIONS
RELATIVE TO STATE FORESTS AND STATE RESERVATIONS.

Be it enacted, etc., as follows:

g. l. (Ter. Section thirty-four of chapter one hundred and thirty-

amendwL' ^ ^^' two of the General Laws, as appearing in the Tercentenary

Edition, is hereby amended by adding at the end thereof

the following new paragraph : —

Acts, 1935. — Chap. 234. 221

In addition to the officers required by section seven of Enforcement
chapter one hundred and twenty-nine A to enforce through- o^ fish and
out the commonwealth the provisions of law relating to fute forests,
fish, birds and mammals, the forester, state fire warden ^^'^'
and any duly authorized forest warden or deputy forest
warden shall enforce said provisions within the limits of
state forests and shall enforce throughout the common-
wealth the provisions of section eighty-one of chapter one
hundred and thirty-one; and said forester and wardens
shall enforce the provisions of all rules and regulations
relating to state forests and state reservations made under
authority of this chapter and chapter one hundred and
thirty-two A, With respect to violations of all the provi-
sions aforesaid, said forester and wardens shall have and
exercise all the powers conferred by law upon the officers
described in said section seven for the enforcement of the
laws relating to fish, birds and mammals. The officers
mentioned in said section seven shall take cognizance of
violations of said rules and regulations and prosecute the
same; and for such purpose shall have and exercise all said
powers. Approved May 1, 1935.

An Act relative to the coverage of fire policies and Qhn^) 234

LIFE POLICIES. ^'

Be it enacted, etc., as follows:

Chapter one hundred and seventy-five of the General g. l. (Ter.
Laws is hereby amended by striking out section twenty- ^22!' Amended,
two A, as appearing in the Tercentenary Edition, and
inserting in place thereof the following : — Section 22 A . Coverage of
No company shall issue any policy of insurance which fxtended^^
provides coverage against loss or damage caused by hazards
specified in more than one of the clauses of section forty-
seven, until a copy of the form of the policy has been on
file for thirty days with the commissioner, unless before the
expiration of said thirty days he shall have approved the
form of the policy in writing; nor if the commissioner
notifies the company in writing within said thirty days
that the form of the policy does not comply with the laws
of the commonwealth, specifying his reasons therefor,
provided that the opinion of the commissioner shall be
subject to review by the supreme judicial court; but noth-
ing in the foregoing provisions of this section shall permit
the incorporation in the standard fire policy, prescribed
by section ninety-nine, or any policy issued under section
one hundred and two A, one hundred and eleven A or one
hundred and seventeen A or any policy subject to section
one hundred and eight, or one hundred and thirteen A, or
one hundred and thirty-two, of any coverage not otherwise
permitted by this chapter to be incorporated therein.

Any company authorized to insure against the hazards
specified in the first clause of section forty-seven may

222 Acts, 1935. — Chap. 235.

incorporate in the standard fire policy prescribed by sec-
tion ninety-nine in the manner provided in the ninth clause
of said section, coverage against loss or damage by any of
the hazards set forth in the said first clause and in sub-
division (/) of the second clause, and the eighth clause of
said section forty-seven. Approved May 1, 1935.

Chap. 235 An Act establishing in the town of adams representa-
tive TOWN government BY LIMITED TOWN MEETINGS.

Be it enacted, etc., as follows:

Section 1. There is hereby established in the town of
Adams the form of representative town government by
limited town meetings hereinafter set forth.

Section 1A. Upon the acceptance of this act by the
town of Adams, as hereinafter provided, the selectmen shall
forthwith divide the territory thereof into not less than five
or more than eight voting precincts, each of which shall be
plainly designated and shall contain not less than eight
hundred registered voters. All precincts shall contain
approximately an equal number of registered voters. The
precincts shall be so established as to consist of compact
and contiguous territory, to be bounded as far as possible
by the center line of known streets and ways or by other
well defined limits. Their boundaries shall be reviewed,
and, if need be, wholly or partly revised 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 meet-
ing. The selectmen shall, within twenty days after any
establishment 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 pre-
cincts as established or revised from time to time, with the
names and residences of the registered voters therein.
They shall also cause to be posted in at least one public
place in each precinct a map or description of that precinct
with the names and residences of the registered voters
therein. The division of the town into 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 desig-
nation of the precincts. Meetings of the registered voters
of the several precincts for elections, for primaries, and for
voting upon any question to be submitted to all the regis-
tered 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 meet-

Acts, 1935. — Chap. 235. 223

ing direct. The provisions 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 2. Other than the officers designated in sec-
tion three as town meeting members at large, the repre-
sentative town meeting membership shall in each precinct
consist 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 one hundred
and fifty. The registered voters in every precinct shall, at
a special election called for that purpose, to be held not
sooner than 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
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, or, in case such election is at a special meet-
ing, from the next annual town meeting; in case of a tie
vote affecting the division into thirds, as aforesaid, the
members elected from the precinct shall by ballot determine
the same; and thereafter, except as is otherwise provided
herein, at each annual town election the registered voters
of each precinct shall, in like manner, elect one third of
the number of town meeting members to which that pre-
cinct is entitled for the term of three years, and shall at
such election fill for the unexpired term or terms any
vacancy or vacancies then existing in the number of town
meeting members in their respective precincts. Upon every
revision of the precincts where the number of precincts is
changed, the terms of office of all town meeting members
from every precinct shall cease upon the election of their
successors. The town clerk shall, after every election of
town meeting members, forthwith notify each member by
mail of his election.

Section 3. Any representative town meeting held
under the provisions of this act, except as otherwise pro-
vided herein, shall be hmited to the voters elected under
section two, together with the following, designated as
town meeting members at large, ex officiis; namely, any
member of the general court of the commonwealth who is a
resident of the town, the moderator, the town clerk, the

224 Acts, 1935. — Chap. 235.

selectmen, the town treasurer, the town counsel, the chair-
man of the trustees of the pubUc Hbrary, the school com-
mittee, the board of assessors, the board of health, the tax
collector and the members of the finance committee. The
town clerk shall notify the town meeting members of the
time and place at which representative town meetings
are to be held, the notices to be sent by mail at least seven
days before the meeting. The town meeting members, as
aforesaid, shall be the judges of the election and qualifica-
tions 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 repre-
sentative 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 representa-
tive 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 pre-
cincts shall not retain membership after the next annual
election.

Section 4. 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
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 a<;ted
upon and determined by ballot, shall be so acted upon and

Acts, 1935. — Chap. 235. 225

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, or, if first elected at a special town meeting, begin-
ning with the next annual town meeting thereafter, 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 referen-
dum 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 representa-
tive town meeting held for that purpose. If a moderator
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 successor
to serve until the next annual town election. The town
clerk may, and upon a petition therefor signed by not less
than five 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 con-
stitute 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, 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.

226 Acts, 1935. — Chap. 235.

exclusive of Sundays 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 question or questions involved
in such a vote be submitted to the registered voters of
the town at large, then the selectmen, after the expiration
of five days, shall forthwith call a special meeting for the
sole purpose of presenting to the registered voters at large
the question or questions so involved. The polls shall
be opened at two o'clock in the afternoon and shall be
closed not earher than eight o'clock in the evening, and
all votes upon any questions so submitted shall be taken
by ballot, and the check list shall be used in the several
precinct meetings in the same manner as in the election of
town officers. The questions so submitted shall be deter-
mined 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 sub-
stance 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 ellective upon the
expiration of said period.

Section 9. The town of Adams, 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 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. The representative town meeting may
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 re-
pealed. The provisions of chapter forty-four of the Gen-

Acts, 1935. — Chap. 236. 227

eral Laws shall continue to apply in the town of Adams
notwithstanding the provisions of this act.

Section 13. This act shall not abridge the right of the
inhabitants of Adams to hold general meetings, as that right
is secured to them by the constitution of this common-
wealth; nor shall this act confer upon any representative
town meeting in Adams 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 Adams 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-five, entitled 'An
Act establishing in the town of Adams 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 Adams 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 May 1, 1935.

C/iap. 236

An Act to avoid multiplicity of sales or takings of
land for taxes and other charges.

Be it enacted, etc., as follows:

Section forty-three of chapter sixty of the General Laws, g. l. (Ter.
as most recently amended by chapter one hundred and etc!, amended',
eighty-three of the acts of the current year, is hereby
further amended by striking out the last sentence and
inserting in place thereof the following: — The word
"taxes", as used in the provisions of this and the following
sections of this chapter relating to collection by sale or
taking of any parcel of land shall, so far as pertinent,
include all taxes, assessments or portions thereof, rates and
charges of every nature which constitute a lien upon such
parcel and which have lawfully been placed upon the annual
tax bill of a municipality or of a district wholly or partly
located within its limits. The collector, on behalf of such
municipality and district or either of them, shall make a
single sale or taking of any parcel of land for all unpaid

228 Acts, 1935. — Chap. 236.

taxes as so defined. If the municipality purchases or takes
the land in such case, the proceeds received upon redemption
of the tax title or upon a sale following foreclosure of the
right of redemption shall be applied first to taxes assessed
on account of the municipality under chapter fifty-nine,
including interest thereon, and all costs, charges and terms
of redemption in any way resulting from such sale or taking,
second to any district taxes, including interest thereon, in
the order in which they were committed to the collector,
and the balance to other assessments or portions thereof,
rates and charges, including interest thereon, in the order
in which they were committed to the collector, — so as to
Tax sales, read as follows: — Section 43. If the taxes are not paid,

regulated/' the collcctor shall, at the time and place appointed for the
sale, sell by public auction, for the amount of the taxes
and interest, if any, and necessary intervening charges, the
smallest undivided part of the land which will bring said
amount, or the whole for said amount, if no person offers
to take an undivided part; and shall at such sale require
of the purchaser an immediate deposit of such sum as he
considers necessary to insure good faith in payment of the
purchase money, and, on failure of the purchaser to make
such deposit forthwith, the sale shall be void and another
sale may be made as provided in this chapter. The word
"taxes", as used in the provisions of this and the following
sections of this chapter relating to collection by sale or
taking of any parcel of land shall, so far as pertinent,
include all taxes, assessments or portions thereof, rates and
charges of every nature which constitute a lien upon such
parcel and which have lawfully been placed upon the
annual tax bill of a municipality or of a district wholly
or partly located within its Hmits. The collector, on be-
half of such municipality and district or either of them,
shall make a single sale or taking of any parcel of land for
all unpaid taxes as so defined. If the municipality pur-
chases or takes the land in such case, the proceeds received
upon redemption of the tax title or upon a sale following
foreclosure of the right of redemption shall be applied first
to taxes assessed on account of the municipality under
chapter fifty-nine, including interest thereon, and all costs,
charges and terms of redemption in any way resulting
from such sale or taking, second to any district taxes,
including interest thereon, in the order in which they were
committed to the collector, and the balance to other assess-
ments or portions thereof, rates and charges, including
interest thereon, in the order in which they were committed
to the collector. Approved May 1, 1935.

Acts, 1935. — Chaps. 237, 238.

229

An Act further regulating the shutting off of the Qhav 237

SUPPLY OF GAS OR ELECTRICITY BY GAS OR ELECTRIC
COMPANIES.

Be it enacted, etc., as follows:

Section one hundred and twenty-four of chapter one o. l. (Ter.
hundred and sixty-four of the General Laws, as appearing f 124,^^*'
in the Tercentenary Edition, is hereby amended by strik- amended.
ing out, in the fifth hne, the word "twenty-four" and insert-
ing in place thereof the word : — thirty-six, — so as to read
as follows: — Section 124. A gas or electric company may Gasandeiec-
stop gas or electricity from entering the premises of any t^ci^ty- shutting
person failing to pay the amount due therefor or for the regulated,
use of the meter or other article hired by him from such
company; and, for such purpose, the officers, servants or
workmen thereof may, after thirty-six hours' notice, enter
his premises between the hours of eight in the forenoon and
four in the afternoon and separate and take away such
meter or other property of the company, and may discon-
nect any meter, pipe, wires, fittings or other works, whether
they are property of the company or not, from its mains,
pipes or wires. Approved May 1, 1935.

Ed.), 54, § 33,

amended.

Arrangement
of names
on voting
machines.

An Act providing for the arrangement of names of nhnj. 2S8

CANDIDATES AND POLITICAL PARTIES ON VOTING MACHINES ^'

AT STATE ELECTIONS.

Be it enacted, etc., as follows:

Section 1. Section thirty-three of chapter fifty-four of g.l. (Ter
the General Laws, as appearing in the Tercentenary Edition,
is hereby amended by striking out the last sentence and
inserting in place thereof the following paragraph: —

On voting machines to be used at state elections the
names of the candidates of each political party shall be
arranged in a horizontal row or vertical column under or
opposite the titles of the offices; the order of such rows or
columns to be determined by the vote cast for governor
at the last preceding election, the row or column of the
party casting the largest number of votes for governor to
be first, the row or column of the party casting the next
largest number of votes for governor to be second, and so
on. The arrangement of names and questions on voting
machines shall be in general the same as on the official
ballot, except as hereinbefore provided and except that
when in the judgment of the ballot law commission it is
impracticable, said commission shall determine the arrange-
ment.

Section 2. Section forty-two of said chapter fifty-
four, as amended by section five of chapter one hundred
and thirty-five of the acts of nineteen hundred and thirty-
two, is hereby further amended by inserting after the word

G. L. (Ter.
Ed.), 54, §42,
etc., amended.

230

Acts, 1935. — Chaps. 239, 240.

"shall" in the second line the words: — , except at state
elections in places where voting machines are used, — so
Same subject, that the first paragraph will read as follows : — The names
of candidates for every state, city and town office, except
presidential electors, shall, except at state elections in
places where voting machines are used, be arranged under
the designation of the office in alphabetical order accord-
ing to their surnames, except as city charters otherwise
provide in the case of municipal offices; but the names of
candidates for different terms of service in the same office
shall be arranged in groups according to the length of their
respective terms, and the names of candidates nominated
by single wards but to be voted for at large shall be arranged
in groups by wards. In the case of representatives in
congress, the designation may be "congressman". Blank
spaces shall be left at the end of the list of candidates for
each different office, except presidential electors, equal to
the number to be elected thereto, in which the voter may
insert the name of any person not printed on the ballot for
whom he desires to vote for such office. If the approval of
any question is submitted to the voters, it shall be printed
on the ballot after the names of the candidates.

Approved May 1, 1935.

Chap. 2S9 An Act forbidding the licensed racing of horses and

DOGS UNDER THE PARI-MUTUEL SYSTEM OF BETTING, ON
PUBLICLY OWNED PREMISES.

Be it enacted, etc., as follows:

Section three of chapter one hundred and twenty-eight A
of the General Laws, as appearing in section three of chapter
three hundred and seventy-four of the acts of nineteen
hundred and thirty-four, is hereby amended by inserting
after clause (m) the following new clause: —

(n) No licenses shall be issued to permit horse or dog
racing meetings to be held on premises owned by the
commonwealth or any political subdivision thereof.

Approved May 1, 1935.

G. L. (Ter.
Ed.), 128A,
§ 3, etc.,
amended.

Meetings not
to be held on
state or muni-
cipal property.

Chap. 240 An Act authorizing the boston consolidated gas com-
pany TO acquire by purchase or otherwise any or

all of the property of the DEDHAM and HYDE PARK

gas and electric light company in the city of boston
and the towns of dedham and westw^ood.

Be it enacted, etc., as follows:

The Boston Consolidated Gas Company is hereby
authorized to take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by purchase
or otherwise, any or all of the property, including franchises,
of the Dedham and Hyde Park Gas and Electric Light
Company in the Hyde Park district of the city of Boston
and in the towns of Dedham and West wood.

Approved May 4, 1935.

Acts, 1935. — Chaps. 241, 242. 231

An Act authorizing the town of swampscott to incur Qjid^n 241

INDEBTEDNESS FOR HIGH SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and sixty-two of
the acts of nineteen hundred and thirty is hereby amended
by striking out section one and inserting in place thereof
the following: — Section 1. For the purpose of purchas-
ing or otherwise acquiring land in the town of Swampscott
for high school uses and for the purpose of constructing a
high school building, and for the purpose of enlarging,
adding to or remodeling the present high school building
in said town, or for any of said purposes, and of originally
equipping and furnishing such building so constructed,
remodeled, added to or enlarged, the town of Swampscott
may borrow from time to time, prior to January first,
nineteen hundred and thirty-nine, such sums as may be
necessary, not exceeding, in the aggregate, four hundred
thousand dollars, and may issue bonds or notes therefor,
which bonds or notes shall bear on their face the words,
Swampscott High School Loan, Act of 1935. Each author-
ized issue shall constitute a separate loan and such loans
shall be paid in not more than fifteen years from their dates,
but no issue shall be authorized under this act in any year
unless a sum equal to twenty-five cents on each one thou-
sand dollars of the assessed valuation of the town for the
preceding year has been appropriated from available
revenue funds or voted to be raised by taxation, for the
same purpose, in the year when the loan is authorized.
Indebtedness incurred under this act shall be in excess of
the statutory limit, but shall, except as provided herein, be
subject to chapter forty-four of the General Laws.

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

Approved May 4, 1935.

Chap. 242

An Act regulating charges by telephone companies

FOR the use of hand SETS, SO CALLED.

Be it enacted, etc., as follows:

Chapter one hundred and sixty-six of the General Laws g. l. (Ter.
is hereby amended by inserting after section fifteen, as ^cil^n'^fsA®^
appearing in the Tercentenary Edition, the following new added,
section: — Section 15 A. A telephone company, upon Hand telephone
request therefor by a subscriber who has paid to such for^useofr
company, for a period of not less than thirty-six months,
an extra charge for the use of a hand telephone set, so
called, furnished to him by such company, in lieu of a wall
or desk set, shall continue to furnish, or furnish, to such
subscriber such a set as station equipment without extra
charge therefor. Approved May 4, 1935.

232

Acts, 1935. — Chaps. 243, 244.

Chap. 24:3 An Act changing the basis of contributions by mem-
bers IN county retirement systems.

Be it enacted, etc., as follows:

Section twenty-four of chapter thirty-two of the General
Laws, as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the twelfth hne, the word
"thirty" and inserting in place thereof the word: — thirty-
five, — so that paragraph A, in lines eight to fourteen, as so
appearing, will read as follows : —

A. Deposits by Members. — Each member shall deposit
in this fund from his wages or salary, as often as the same is
payable, not less than one nor more than five per cent of
the amount of his wages or salary, as determined by the
board under section twenty-three (5) ; provided, that
employees receiving more than thirty-five dollars weekly
in wages or salary shall not be assessed for contributions
to this fund on the excess above that amount.

Approved May 4, 1935.

G. L. (Ter.
Ed.), 32, §24,
amended.

Basis of
contributions.

Chap. 24:4: An Act authorizing the cotuit fire district to supply

ITSELF AND ITS INHABITANTS WITH WATER FOR THE EXTIN-
GUISHMENT OF FIRES AND FOR DOMESTIC USE.

Be it enacted, etc., as follows:

Section 1. Section two of chapter three hundred and
twenty-eight of the acts of nineteen hundred and twenty-
six is hereby amended by adding at the end the following
new sentence: — It may also supply itself and its inhabi-
tants with water for the extinguishment of fires and for
domestic and other purposes, may establish fountains and
hydrants, relocate or discontinue the same, and may regu-
late the use of such water and fix and collect rates to be
paid for the use of the same.

Section 2. Section three of said chapter three hundred
and twenty-eight is hereby amended by adding at the end
the following new sentence: — No money shall be drawn
from the treasury of said district to pay any expense of,
or to discharge any liability incurred on account of, its
system of water supply unless and until approved in writ-
ing by a majority of the board of water commissioners
hereinafter provided for and authorized by a majority of
said prudential committee.

Section 3. Said chapter three hundred and twenty-
eight is hereby further amended by inserting after section
five the eight following new sections: — Section 5 A. For
the purposes set forth in the second sentence of section two,
said district, acting by and through its board of water
commissioners hereinafter provided for, may contract with
any municipality, acting through its water department, or
with any water company, or with any water district, for
whatever water may be required, authority to furnish the

Acts, 1935. — Chap. 244. 233

same being hereby granted, and /or take by eminent domain
under chapter seventy-nine of the General Laws, or acquire
by lease, purchase or otherwise, and hold, the waters, or
any portion thereof, of any pond, brook, spring or stream
or of any ground water sources by means of driven, artesian
or other wells or filter galleries, within the limits of said
district, not already appropriated for purposes of a public
water supply, and the water rights connected with any such
water sources; and also may take as aforesaid, or acquire
by purchase or otherwise, and hold, all lands, rights of way
and easements necessary for collecting, storing, holding,
purifying and treating such water and protecting and
preserving the purity thereof and for conveying the same to
any part of said district; provided, that no source of water
supply and no lands necessary for protecting and preserving
the purity of the water shall be so taken or used without
first obtaining the advice and approval of the state depart-
ment of public health, and that the location and arrange-
ment of all dams, reservoirs, wells or filter galleries, filtra-
tion and pumping plants or other works as may be neces-
sary in carrying out the provisions of sections five A to
five H, inclusive, shall be subject to the approval of said
department. Said district may construct and maintain on
the lands acquired and held under authority of said sec-
tions proper dams, wells, reservoirs, pumping and filtra-
tion plants, buildings, standpipes, tanks, fixtures and other
structures, including also the establishment and mainte-
nance of purification and treatment works which shall be
subject to the approval of said department, and may make
excavations, procure and operate machinery and provide
such other means and appliances and do such other things
as may be necessary for the establishment and maintenance
of complete and effective water works; and for that pur-
pose may construct, lay and maintain aqueducts, conduits,
pipes and other works, under or over any lands, water
courses, railroads, railways and public or other ways, and
along any such way in said district in such manner as not
unnecessarily to obstruct the same; and for the purpose of
constructing, laying, maintaining, operating and repair-
ing such aqueducts, conduits, pipes and other works, and
for all other proper purposes of said sections, said district
may dig up or raise and embank any such lands, highways
or other ways in such manner as to cause the least hin-
drance to public travel thereon; provided, that all things
done upon any such way shall be subject to the direction of
the selectmen of said town. Said district may enter upon
any lands for the purpose of making surveys, test pits
and borings, and may take or otherwise acquire the right
to occupy temporarily any lands necessary for the construc-
tion of any works or for any other purpose authorized by
said sections. Said district shall not enter upon, construct
or lay any aqueducts, conduits, pipes or other works within
the location of any railroad corporation except at such time

234 Acts, 1935. — Chap. 244.

and in such manner as it may agree upon with such cor-
poration or, in case of failure so to agree, as may be ap-
proved by the department of public utilities.

Section' 5B. The land, water rights and other property
taken or acquired under sections five A to five H, inclusive,
and all works, buildings and other structures erected or
constructed thereunder, shall be managed, improved and
controlled by the board of water commissioners hereinafter
provided for, in such manner as they shall deem for the
best interest of the district. All authority vested in said
commissioners by this section shall be subject to the provi-
sions of section five G.

Section 5C. Any person sustaining damage in his prop-
erty by any taking under sections five A to five G, inclusive,
or any other thing done under authority thereof, may
recover damages from said district under said chapter
seventy-nine; provided, that the right to damages for the
taking of any water, water source or water right, or for any
injury thereto, shall not vest until water is actually with-
drawn or diverted by said district under authority of said
sections.

Section 6D. For the purpose of paying the necessary
expenses and liabilities incurred or to be incurred for the
system of water supply under the provisions of sections
five A to five H, inclusive, other than expenses of mainte-
nance and operation, said district may borrow from time
to time such sums as may be necessary, not exceeding, in
the aggregate, one hundred and fifty thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Cotuit Fire District Water Loan, Act of
1935. Each authorized issue shall constitute a separate
loan, and such loans shall be payable in not more than
thirty years from their dates. Indebtedness incurred under
said sections shall be subject to chapter forty-four of the
General Laws.

Section 5E. Said district shall, at the time of authorizing
said loan or loans, provide for the payment thereof in ac-
cordance with the provisions of section five D; and when
a vote to that effect has been passed a sum which, with the
income derived from the water rates, will be sufficient to
pay the annual expense of operating its water works or the
purchasing of water, as the case may be, and the mainte-
nance of its pipe lines, and the interest as it accrues on
the bonds or notes issued as aforesaid, and to make such
payments on the principal as may be required under the
provisions of sections five A to five H, inclusive, shall
without further vote be assessed upon said district by the
assessors of the town of Barnstable annually thereafter
in the same manner as other taxes, until the debt incurred
by the said loan or loans is extinguished.

Section 5F. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water obtained or supplied under
sections five A to five H, inclusive, or wilfully or wantonly

Acts, 1935. — Chap. 244 235

injures any dam, well, reservoir, pumping or filtration
plant, building, standpipe, tank, fixture or other structure,
or other property owned, held or used by said district under
authority and for the purposes of said sections, shall forfeit
and pay to said district three times the amount of damages
assessed therefor, to be recovered in an action of tort, and
upon conviction of any one of the above wilful or wanton
acts shall be punished by a fine of not more than three
hundred dollars or by imprisonment for not more than one
year.

Section 5G. Said district shall, after its acceptance of
sections five A to five H, inclusive, either at the same meet-
ing at which they are accepted or at a meeting thereafter
called for the purpose, elect by ballot three persons to hold
office, one until the expiration of three years, one until
the expiration of two years, and one until the expiration
of one year, from the day of the next succeeding annual
district meeting, to constitute a board of water commis-
sioners; and at every annual district meeting subsequent
to such next succeeding annual district meeting one such
commissioner shall be elected by ballot for the term of
three years. All the authority granted to said district
by said sections, except sections five D and five E, and
not otherwise specifically provided for, shall be vested in
said board of water commissioners, who shall be subject,
however, to such instructions, rules and regulations as
said district may impose by its vote. A majority of said
commissioners shall constitute a quorum for the transaction
of business. Any vacancy occurring in said board from
any cause may be filled for the remainder of the unexpired
term by said district at any annual or special district meet-
ing called for the purpose. Any such vacancy may be
filled temporarily in the manner provided by section eleven
of chapter forty-one of the General Laws, and the person
so appointed shall perform the duties of the office until
the next annual meeting of said district or until another
person is qualified.

Section oH. Said commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income of
the water works shall be appropriated to defray all operat-
ing expenses, interest charges and payments on the princi-
pal as they shall accrue upon any bonds or notes issued
under authority of section five D. If there should be a
net surplus remaining after providing for the aforesaid
charges it may be appropriated for such new construction
as the water commissioners, with the approval of the dis-
trict, may determine upon, and in case a surplus should
remain after payment for such new construction the water
rates shall be reduced proportionately. All authority
vested in said commissioners by the foregoing provisions of
this section shall be subject to the provisions of section five
G. Said commissioners shall annually, and as often as

236 Acts, 1935. — Chaps. 245, 246.

said district may require, render a report upon the condition
of the works under their charge and an account of their
doings, including an account of receipts and expenditures.

Section 4. This act shall take effect upon its accep-
tance by a majority vote of the voters of the Cotuit fire
district present and voting thereon at a district meeting
called for the purpose within three years after its passage;
but the number of meetings so called in any one year shall
not exceed three. Approved May 4, 1935.

Chap. 24:5 An Act authorizing the county commissioners of Nor-
folk COUNTY TO BUILD AND EQUIP A NURSES' HOME AT
THE NORFOLK COUNTY TUBERCULOSIS HOSPITAL.

Be it enacted, etc., as follows:

Section 1. The Norfolk county commissioners are
hereby authorized to raise and expend a sum not exceeding
one hundred thousand dollars, subject to the provisions of
sections seventy-eight to eighty-nine, inclusive, of chapter
one hundred and eleven of the General Laws, for the pur-
pose of building and equipping a nurses' home at the Nor-
folk county tuberculosis hospital, a hospital for the treat-
ment of persons afflicted with tuberculosis, in the town of
Braintree.

Section 2. The provisions of chapter three hundred
and sixty-six of the acts of nineteen hundred and thirty-
three, whereby cities and towns, and fire, water, light and
improvement districts, may secure the benefits provided
by the National Industrial Recovery Act and acts in
amendment thereof and in addition thereto, are hereby
extended and made applicable to the county of Norfolk
for the purposes of the work contemplated by this act, and
the county commissioners of said county may, with the
consent of the governor, take any and all steps necessary
from time to time to enable said county to secure for said
purposes any benefits to which said county may be entitled
under said National Industrial Recovery Act and acts in
amendment thereof and in addition thereto.

Section 3. This act shall take effect upon its accep-
tance during the current year by the county commissioners.

Approved May 4, 1935.

Chap. 24:Q ^'^ ^^^ exempting the corporation known as the dis-
abled AMERICAN VETERANS OF THE WORLD WAR FROM
CERTAIN PROVISIONS OF LAW RELATIVE TO REGISTRATION
AND THE FILING OF ANNUAL REPORTS.

Be it enacted, etc., as follows:

G. L. (Ter. Scctiou twclve A of chapter one hundred and eighty

Edo^iso, ^£ ^Y^Q. General Laws, as appearing in the Tercentenary

amended. Edition, is hereby amended by striking out, in the fourth

Acts, 1935. — Chap. 247.

237

line, the word "and" and inserting in place thereof the
following: — , the Disabled American Veterans of the
World War and, — so as to read as follows: — Section 12 A. Registration
A charitable corporation established, organized or chartered "orelgn^^"^
under laws other than those of the commonwealth, except cor"onitions
the Grand Army of the Republic, the United Spanish War
Veterans, The American Legion, the Disabled American
Veterans of the World War and the Veterans of Foreign
Wars of the United States, shall, before engaging in chari-
table work or raising funds in the commonwealth, file with
the department of public welfare a copy of its charter,
articles or certificate of incorporation, certified under the
seal of the state or country where such corporation is in-
corporated, by the secretary of state thereof or by the officer
having charge of the original record therein, and a true copy
of its constitution and by-laws, and shall also file with the
department such other information as may from time to
time be required by it. Such a corporation shall annually,
on or before November first, make to said department a
written report such as is required by section twelve to be
made by charitable corporations subject thereto. Every
officer of such a corporation which fails to comply with the
requirements of this section who authorizes or transacts,
and every agent of such a corporation who transacts,
business in behalf of such corporation in this common-
wealth, shall be punished by a fine of not more than five
hundred dollars. Upon an information in equity in the
name of the attorney general at the relation of the commis-
sioner of public welfare, the supreme judicial or superior
court may restrain the violation of this section by such a
corporation or the transaction of any business in its behalf
by any officer or agent while such violation continues.

Approved May 4, 1935.

An Act providing for interpretative judgments in Chap. 247

THE PROBATE COURTS AS TO THE MEANING OF WRITTEN
INSTRUMENTS.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and fifteen of the g. l. (Ter.
General Laws is hereby amended by inserting after section Action e^B,"^"^
six A, as appearing in the Tercentenary Edition, the follow- added,
ing new section : — Section 6B. A suit in equity in a pro- interpretative
bate court shall not be open to objection on the ground that Judgments.
a mere judgment, order or decree interpreting a written
instrument or written instruments is sought thereby, and
in such a suit said court may make binding determinations
of right interpreting the same, whether any consequential
relief is or could be claimed or not. If, in its discretion, a
probate court in such case declines to make such a determi-
nation, it shall state its reasons therefor in writing.

Section 2. This act shall take effect on the first day of Effective date.
October in the current year. Approved May 4, 1935.

238

Acts, 1935. — Chap. 248.

G. L. (Ter.
Ed.), 40,
§42C,
amended.

Collection
of unpaid
water bills.

Chap. 24S An Act relative to water liens and to credits to be

ALLOWED TO COLLECTORS OF TAXES.

Be it enacted, etc., as follows:

Section 1, Section forty-two C of chapter forty of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by striking out the first sentence and
inserting in place thereof the following : — Within a reason-
able time after filing such a statement for record or registra-
tion, the board or officer in charge of the water department
shall certify the unpaid account to the assessors who shall
forthwith commit such account with their warrant to the
collector of taxes of the city or town, and such collector
shall forthwith send notice in accordance with section
three of chapter sixty to the person designated in such war-
rant as the owner of record, and any demand for the pay-
ment of such account shall be made upon such person., —
so as to read as follows: — Section 43C. Within a reason-
able time after fihng such a statement for record or regis-
tration, the board or officer in charge of the water depart-
ment shall certify the unpaid account to the assessors who
shall forthwith commit such account with their warrant to
the collector of taxes of the city or town, and such col-
lector shall forthwith send notice in accordance with sec-
tion three of chapter sixty to the person designated in such
warrant as the owner of record, and any demand for the
payment of such account shall be made upon such person.
The collector shall have the same powers and be subject
to the same duties with respect to such unpaid accounts as
in the case of the annual taxes upon real estate, and the
provisions of law relative to the collection of such annual
taxes, the sale of land for the non-payment thereof and the
redemption of land so sold shall apply to unpaid accounts
charged upon real estate under sections forty-two A to
forty-two F, inclusive.

Section 2. Section forty-two D of said chapter forty,
as so appearing, is hereby amended by striking out the last
sentence and inserting in place thereof the following: —
Any such account so certified to the assessors and by them
committed to the collector which remains unpaid as certified
by him shall be added by the assessors to the next annual
tax and recommitted to the collector, and the total amount
of such account shall be subject to interest under the pro-
visions of section fifty-seven of chapter fifty-nine.

Section 3. Chapter sixty of the General Laws is
hereby amended by striking out section ninety-five, as
most recently amended by section two of chapter three
hundred and fifteen of the acts of nineteen hundred and
thirty-four, and inserting in place thereof the following: —
Section 95. The collector shall be credited with all sums
abated; with all sums committed and thereafter appor-
tioned under section thirteen of chapter eighty; with the

G. L. (Ter.
Ed.), 40,
§42D.
amended.

Unpaid ac-
counts to
bear interest.

G. L. (Ter.
Ed.), 60. § 9.5.
etc., amended.

Credits and
payments to
collector.

Acts, 1935. — Chap. 249. 239

amount of all assessments not apportioned to subsequent
years which have been committed under section four of
chapter eighty and subsequently recommitted to him
to be added to the annual tax on the land; with all sums
committed under section forty-two C of chapter forty and
subsequently added to the annual tax and recommitted to
him under section forty-two D of said chapter; with the
amount of taxes for which a judgment has been rendered
by any court in favor of the city or town ; with the amount
of a claim for taxes allowed in favor of the city or town in
bankruptcy or receivership cases; with the amount of
taxes assessed upon any person committed to jail for non-
payment of his tax within two years from the receipt of
the tax list by the collector, and who has not paid his tax;
with any sums which the town may see fit to abate to him,
due from persons committed after the expiration of two
years; with all sums withheld by the treasurer of a town
under section ninety-three; subject to the provisions of
sections forty-eight and fifty-five, with the amount of the
taxes and costs, charges and fees where land has been
purchased or taken by the town for non-payment of taxes;
upon certification in accordance with section sixty-one,
with the amount of subsequent taxes which have become
part of the terms of redemption in any tax title held by the
town ; and with the amount of any other taxes for which he
is entitled to credit under section seventy-eight. When a
collector is credited with the amount of taxes assessed upon
any person committed to jail for the non-payment of his
tax, who has not paid his tax, said collector shall also be
paid and credited with the fees and charges which have
become a part of said taxes and to which he or the officer
acting under his warrant is entitled.

Approved May 4, 1935.

An Act making appropriations for the maintenance of QJkij) 249
departments, boards, commissions, institutions and
certain activities of the commonwealth, for inter-
est, sinking fund and serial bond requirements,
and for certain permanent improvements.

Be it enacted, etc., as follows:

Section 1. To provide for the maintenance of the sev- Appropriations
eral departments, boards, commissions and institutions, of an'oforsuae
sundry other services, and for certain permanent improve- '^fp''"{o™fn*®*
ments, and to meet certain requirements of law, the sums terek, sinking
set forth in section two, for the several purposes and sub- requirTmentr,'^
ject to the conditions specified in said section two, are f^'^ro°4^en'tl"
hereby appropriated from the general fund or revenue of
the commonwealth, unless some other source of revenue is
expressed, subject to the provisions of law regulating the
disbursement of public funds and the approval thereof, for
the fiscal year ending November thirtieth, nineteen hundred
and thirty-five, or for such other period as may be specified.

240 Acts, 1935. — Chap. 249.

Section 2.

Service of the Legislative Department.
Item

1 For the compensation of senators, a sum not exceed-

ing eighty-two thousand dollars . . $82,000 00

2 For the compensation for travel of senators, a sum

not exceeding fifty-eight hundred dollars . . 5,800 00

3 For the compensation of representatives, a sum not

exceeding four hundred eighty-two thousand dol-
lars 482,000 00

4 For the compensation for travel of representatives,

a sum not exceeding thirty-six thousand six hun-
dred and fifty dollars 36,650 00

5 For the salaries of the clerk of the senate and the

clerk of the house of representatives, a sum not

exceeding ten thousand dollars .... 10,000 00

6 For the salaries of the assistant clerk of the senate

and the assistant clerk of the house of representa-
tives, a sum not exceeding seven thousand dollars 7,000 00

7 For such additional clerical assistance to, and with

the approval of, the clerk of the house of represen-
tatives, as may be necessary for the proper
despatch of public business, a sum not exceeding
four thousand dollars ..... 4,000 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 fifteen hundred dollars 1,500 00

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

exceeding four thousand dollars . . . 4,000 00

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

a sum not exceeding forty-four hundred and

forty dollars 4,440 00

11 For 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 seventy-one hundred and nineteen dol-
lars 7,119 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 eight thousand dollars . . . 8,000 00

13 For the salaries of assistant doorkeepers to the senate

and house of representatives and of general court
officers, with the approval of the sergeant-at-
arms, a sum not exceeding fifty thousand six hun-
dred dollars 50,600 00

14 For compensation of the pages of the senate and

house of representatives, with the approval of the
sergeant-at-arms, a sum not exceeding ninety-one
hundred dollars 9,100 00

15 For the salaries of clerks employed in the legislative

document room, a sum not exceeding fifty-seven

hundred dollars 5,700 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
thirty-one hundred and fifty dollars . . . 3,150 00

17 For the salaries of the chaplains of the senate and

house of representatives, a sum not exceeding

fifteen hundred dollars 1,500 GO

18 For personal services of the counsel to the senate and

assistants, a sum not exceeding fifteen thousand

eight hundred dollars 15,800 00

Acts, 1935. — Chap. 249. 241

Item

19 For personal services of the counsel to the house of

representatives and assistants, a sum not exceed-
ing eighteen thousand two hundred dollars . $18,200 00

20 For clerical and other assistance of the senate com-

mittee on rules, a sum not exceeding forty-five

hundred dollars 4,500 00

21 For clerical and other assistance of the house com-

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

22 For 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 ninety-five hundred
dollars 9,500 00

23 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 ex-
ceeding sixty-one thousand dollars . . . 61,000 00

24 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

25 For expenses in connection with the publication of

the bulletin of committee hearings and of the daily
list, with the approval of the joint committee on
rules, a sum not exceeding seventeen thousand
five hundred dollars 17,500 00

26 For stationery for the senate, purchased by and

with the approval of the clerk, a sum not exceed-
ing five hundred dollars ..... 500 00

27 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

28 For office expenses of the counsel to the senate, a

sum not exceeding two hundred dollars . . 200 00

29 For stationery for the house of representatives, pur-

chased by and with the approval of the clerk, a

sum not exceeding eight hundred and fifty dollars 850 00

30 For office and other expenses of the committee on

rules on the part of the house, a sum not exceeding

four hundred dollars ..... 400 00

31 For office expenses of the counsel to the house of

representatives, a sum not exceeding two hundred

dollars 200 00

31a For indexing the special laws of the commonwealth,
under the direction of the senate and house coun-
sel, a sum not exceeding three thousand dollars,
as authorized by chapter five of the resolves of the
current year 3,000 00

32 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 nine thou-
sand dollars 9,000 00

33 For telephone service, a sum not exceeding ten thou-

sand dollars 10,000 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

35 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 four hundred dollars . . 400 00

Total , . $884,509 OO

242 Acts, 1935. — Chap. 249.

Service of the Legislative Investigations.
Item

35a For expenses of the commission on interstate com-
pacts affecting labor and industries, a sum not ex-
ceeding five thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose $5,000 00

35b For expenses of an investigation by a special com-
mission relative to unemployment insurance,
reserves and benefits, a sum nol exceeding fifteen
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose 1,500 00

Total $6,500 00

Sendee of the Judicial Department.
Supreme Judicial Court, as follows:

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

associate justices, a sum not exceeding ninety-nine

thousand dollars $99,000 00

37 For traveling allowance and expenses, a sum not ex-

ceeding forty-five hundred dollars . . . 4,500 00

38 For the salary of the clerk for the commonwealth, a

sum not exceeding sixty-five hundred dollars . 6,500 00

39 For clerical assistance to the clerk, a sum not exceed-

ing eighteen hundred dollars .... 1,800 00

40 For law clerks, stenographers and other clerical

assistance for the justices, a sum not exceeding

twenty-six thousand and forty dollars . . 26,040 00

41 For office supplies, services and equipment, a sum

not exceeding forty-five hundred dollars . . 4,500 00

42 For the salaries of the officers and messengers, a sum

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

43 For the commonwealth's part of the salary of the

clerk for the county of Suffolk, a sum not exceed-
ing fifteen hundred dollars .... 1,500 00

Reporter of Decisions:

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

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

45 For clerk hire and office supplies, services and equip-

ment, a sum not exceeding ninety-six hundred and

eighty-five dollars 9,685 00

Pensions:

46 For the pensions of retired court officers, a sum not

exceeding two hundred dollars .... 200 00

Total $162,765 00

Superior Court, as follows:

47 For the salaries of the chief justice and of the thirty-

one associate justices, a sum not exceeding three

hundred eighty-five thousand dollars . . $385,000 00

48 For traveling allowances and expenses, a sum not

exceeding eighteen thousand dollars . . . 18,000 00

49 For the salary of the assistant clerk, Suffolk county,

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

50 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 nine hundred dollars 10,900 00

51 For pensions of retired justices, a sum not exceeding

six thousand dollars 6,000 00

Total $420,900 00

Acts, 1935. — Chap. 249. 243

Item

Justices of District Courts:

52 For compensation of justices of district courts while

sitting in the superior court, a sum not exceeding

twenty-six thousand two hundred dollars . . $26,200 00

53 For expenses of justices of district courts while sit-

ting in the superior court, a sum not exceeding

thirty-two hundred dollars .... 3,200 00

54 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 seven thousand dollars . . . 7,000 00

Total . . . . . . . . $36,400 00

Judicial Council:

55 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 ex-
ceeding one thousand dollars .... $1,000 00

56 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-five hundred dollars . 3,500 00

Total $4,500 00

Administrative Committee of District Courts:

57 For compensation and expenses of the administra-

tive committee of district courts, a sum not ex-
ceeding three thousand dollars .... $3,000 00

Probate and Insolvency Courts, as follows:

58 For the salaries of judges of probate of the several

counties, a sum not exceeding one hundred

twentj^-one thousand dollars . . . . $121,000 00

59 For pensions of retired judges, a sum not exceeding

sixty-three hundred and seventy-five dollars . 6,375 00

60 For the compensation of judges of probate when

acting for other judges of probate, a sum not

exceeding nine thousand dollars . . . 9,000 00

61 For expenses of judges of probate when acting for

other judges of probate, a sum not exceeding six

hundred dollars 600 00

62 For the salaries of registers of the several counties,

a sum not exceeding sixty-three thousand three

hundred dollars 63,300 00

63 For the salaries of assistant registers, a sum not

exceeding seventy-one thousand four hundred and
seventy-five dollars ...... 71,475 00

Total $271,750 00

Administrative Committee of Probate Courts:

64 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:

65 Barnstable, a sum not exceeding twenty-three hun-

dred dollars $2,300 00

66 Berkshire, a sum not exceeding forty-three hundred

and forty dollars 4,340 00

67 Bristol, a sum not exceeding thirteen thousand seven

hundred and forty dollars .... 13,740 00

244 Acts, 1935. — Chap. 249.

Item

68 Dukes County, a sum not exceeding six hundred and

sixty dollars $660 00

69 Essex, a sum not exceeding eighteen thousand dol-

lars 18,000 00

70 Franklin, a sum not exceeding nine hundred and

forty dollars 940 00

71 Hampden, a sum not exceeding eleven thousand four

hundred and sixty dollars .... 11,460 00

72 Hampshire, a sum not exceeding sixteen hundred

and eighty dollars 1,680 00

73 Middlesex, a sum not exceeding forty-four thousand

seven hundred and sixty dollars . . . 44,760 00

74 Norfolk, a sum not exceeding thirteen thousand and

sixty-five dollars 13,065 00

75 Plymouth, a sum not exceeding forty-five hundred

and thirty dollars 4,530 00

76 Suffolk, a sum not exceeding sixty thousand two

hundred and forty dollars .... 60,240 00

77 Worcester, a sum not exceeding fifteen thousand

dollars 15,000 00

Total $190,715 00

District Attorneys, as follows:

78 For the salaries of the district attorney and assistants

for the Suffolk district, a sum not exceeding sixty

thousand dollars $60,000 00

79 For the salaries of the district attorney and assistants

for the northern district, a sum not exceeding
twenty-four thousand dollars .... 24,000 00

80 For the salaries of the district attorney and assistants

for the eastern district, a sum not exceeding fifteen

thousand dollars 15,000 00

81 For the salaries of the district attorney, deputy dis-

trict attorney and assistants for the southeastern
district, a sum not exceeding fifteen thousand six
hundred dollars 15,600 00

82 For the salaries of the district attorney and assistants

for the southern district, a sum not exceeding ten

thousand four hundred dollars .... 10,400 00

83 For the salaries of the district attorney and assistants

for the middle district, a sum not exceeding fifteen

thousand dollars 15,000 00

84 For the salaries of the district attorney and assistants

for the western district, a sum not exceeding

eighty-four hundred dollars .... 8,400 00

85 For the salary of the district attorney for the north-

western district, a sum not exceeding three thou-
sand dollars 3,000 00

86 For traveling expenses necessarily incurred by the

district attorneys, except in the Suffolk district, for
the present and previous years, a sum not exceed-
ing eight thousand dollars .... 8,000 00

Total $159,400 00

Service of the Land Court.

87 For the salaries of the judge, associate judges, the

recorder and court officer, a sum not exceeding
thirty-eight thousand nine hundred and eighty-
four dollars $38,984 00

88 For engineering, clerical and other personal services,

a sum not exceeding thirty-nine thousand two

hundred and forty dollars .... 39,240 00

Item

Acts, 1935. — Chap. 249. 245

For personal services in the examination of titles, for
publishing and serving citations and other ser-
vices, traveling expenses, supplies and office equip-
ment, and for the preparation of sectional plans
showing registered land, a sum not exceeding
thirteen thousand dollars .... $13,000 00

Total $91,224 00

Service of the Board of Probation.

90 For personal services of the commissioner, clerks

and stenographers, a sum not exceeding fifty-two

thousand three hundred and thirty dollars . . $52,330 00

91 For services other than personal, including printing

the annual report, traveling expenses, rent, office
supplies and equipment, a sum not exceeding
thirteen thousand dollars .... 13,000 00

Total $65,330 00

Service of the Board of Bar Examiners.

92 For personal services of the members of the board, a

sum not exceeding eleven thousand dollars . . $11,000 00

93 For other services, including printing the annual re-

port, traveling expenses, office supplies and equip-
ment, a sum not exceeding eight thousand dollars 8,000 00

Total $19,000 00

Service of the Executive Department.

94 For the salary of the governor, a sum not exceeding

ten thousand dollars $10,000 00

95 For the salary of the lieutenant governor, a sum not

exceeding four thousand dollars . . 4,000 00

96 For the salaries of the eight councillors, a sum not

exceeding eight thousand dollars . . . 8,000 00

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

partment, a sum not exceeding forty thousand six

hundred and forty dollars ..... 40,640 00

98 For certain personal services for the lieutenant gov-

ernor and council, a sum not exceeding sixty-one

hundred and fifty dollars . . . 6,150 00

99 For travel and expenses of the lieutenant governor

and council from and to their homes, a sum not

exceeding one thousand dollars . 1,000 00

100 For postage, printing, office and other contingent

expenses, including travel of the governor, a sum

not exceeding fifteen thousand dollars . . 15,000 00

101 For postage, printing, stationery, traveling and con-

tingent expenses of the governor and council, a

sum not exceeding twenty-five hundred dollars . 2,500 00

102 For expenses incurred in the arrest of fugitives from

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

103 For payment of extraordinary expenses and for

transfers made to cover deficiencies, with the ap-
proval of the governor and council, a sum not
exceeding one hundred thousand dollars . . 100,000 00

104 For the purchase of an automobile for the governor,

a sum not exceeding forty-two hundred and fifty

dollars 4,250 00

105 For certain maintenance expenses of the governor's

automobile, a sum not exceeding two thousand

dollars 2,000 00

246 Acts, 1935. — Chap. 249.

Item

106 For the purchase of a portrait of a former governor, as

authorized by section nineteen of chapter eight of
the General Laws, as appearing in the Tercenten-
ary Edition thereof, a sum not exceeding three
thousand dollars $3,000 00

107 For expenses incurred by the governor's committee

on highway safety prior to April first of the cur-
rent year, a sum not exceeding four thousand dol-
lars 4,000 00

Total $201,540 00

Service of the Adjutant General.

108 For the salarj' of the adjutant general, a sum not ex-

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

109 For personal services of office assistants, including

services for the preparation of records of Massa-
chusetts soldiers and sailors, a sum not exceeding
thirty-three thousand seven hundred and forty
dollars 33,740 00

110 For services other than personal, printing the annual

report, and for necessar}"- office supplies and ex-
penses, a sum not exceeding fifty-two hundred
dollars 5,200 00

111 For expenses of the national guard convention and

for expenses not otherwise provided for in connec-
tion with military matters and accounts, a sum not
exceeding nine thousand dollars . . . 9,000 00

Total $52,040 00

Service of the Militia,

112 For allowances to companies and other administra-

tive units, a sum not exceeding one hundred fifty-
four thousand five hundred and sixty-two dollars . $154,562 00

113 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-four
thousand two hundred dollars .... 24,200 00

114 For pay and transportation of certain boards, a sum

not exceeding three thousand dollars . . 3,000 00

115 For pay and expenses of certain camps of instruction,

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

116 For pay and transportation in making inspections

and surveys, and for escort duty, a sum not ex-
ceeding four thousand dollars .... 4,000 00

117 For transportation of officers and non-commissioned

officers for attendance at military meetings, a sum

not exceeding four thousand dollars . . . 4,000 00

118 For transportation to and from regimental and bat-

talion drills, a sum not exceeding fifteen hundred

dollars 1,500 00

119 For transportation when appearing for examination,

a sum not exceeding one hundred dollars . . 100 00

120 For expenses of rifle practice, a sum not exceeding

ten thousand dollars 10,000 00

121 For compensation, transportation and expenses in

the preparation for camp duty maneuvers, a sum

not exceeding twenty-five thousand dollars . 25,000 00

122 For maintenance of horses, a sum not exceeding six

thousand and ninety-six dollars . 6,096 00

123 For compensation for special and miscellaneous

duty, a sum not exceeding sixteen thousand dollars 16,000 00

Acts, 1935. — Chap. 249. 247

Item

124 For compensation for accidents and injuries sus-

tained in the performance of military duty, a sum

not exceeding eight thousand dollars . . . $8,000 00

125 To cover certain small claims for damages to private

property arising from military maneuvers, a sum

not exceeding five hundred dollars . . . 500 00

126 For expenses of maintaining an aero squadron, a sum

not exceeding four thousand dollars . . . 4,000 00

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

ceeding fifteen hundred dollars .... 1,50000

128 For instruction in military authority, organization

and administration, and in the elements of mili-
tary art, a sum not exceeding eleven thousand dol-
lars 11,000 00

129 For allowances for batteries of field artillery, a sum

not exceeding sixty-four hundred dollars . . 6,400 00

130 For expenses of operation of the twenty-sixth divi-

sion, a sum not exceeding forty-five hundred dol-
lars 4,500 00

131 For clerical and other expenses for the office of the

property and disbursing officer, a sum not exceed-
ing fifty-five hundred dollars .... 5,500 00

132 For personal services necessary for the operation of

the commonwealth depot and motor repair park, a
sum not exceeding twenty-eight thousand six hun-
dred and eighty dollars 28,680 00

Total $322,038 00

Service of Special Military Expenses.

133 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

134 For the expense of testimonials to soldiers and sailors

of the world war, to be expended under the direc-
tion of the adjutant general, a sum not exceeding
four hundred dollars ..... 400 00

Total $425 00

Service of the State Quartermaster.

135 For personal services of the state quartermaster,

superintendent of arsenal and certain other em-
ployees of the state quartermaster, a sum not
exceeding twenty-five thousand seven hundred
and seventy dollars $25,770 00

136 For expert assistance, the employment of which may

be exempt from civil service rules, in the disburse-
ment of certain money to the officers and enlisted
men of the militia for compensation and allow-
ances, a sum not exceeding twelve hundred dollars 1,200 00

137 For the salaries of armorers and assistant armorers

of first-class armories, and superintendent of
armories, a sum not exceeding one hundred thirty-
eight thousand five hundred dollars . . . 138,500 00

138 For certain incidental military expenses of the quar-

termaster's department, a sum not exceeding five

hundred dollars 500 00

139 For office and general supplies and equipment, a sum

not exceeding eleven thousand five hundred dollars 11,500 00

140 For the care and maintenance of the camp ground

and buildings at Framingham, a sum not exceed-
ing nine hundred dollars ..... 900 00

248 Acts, 1935. — Chap. 249.

Item

141 For the maintenance of armories of the first class,

including the purchase of certain furniture, a sum
not exceeding one hundred eighty-two thousand
five hundred dollars $182,500 00

142 For reimbursement for rent and maintenance of ar-

mories not of the first class, a sum not exceeding

sixty-three hundred dollars .... 6,300 00

143 For expense of maintaining and operating the Camp

Curtis Guild rifle range, a sum not exceeding

twenty-two thousand dollars .... 22,000 00

144 For maintenance, other than personal services, of the

commonwealth depot and motor repair park, a

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

Total $399,170 00

Service of the State Surgeon.

145 For personal services of the state surgeon, and regu-

lar assistants, a sum not exceeding seven thousand

and twenty dollars $7,020 00

146 For services other than personal, and for necessary

medical and office supplies and equipment, a sum

not exceeding twenty-two hundred dollars . . 2,200 00

147 For the examination of recruits, a sum not exceed-

ing eighty-five hundred dollars .... 8,500 00

Total $17,720 00

Service of the State Judge Advocate.

148 For compensation of the state judge advocate, as

provided by law, a sum not exceeding fifteen hun-
dred dollars $1,500 00

Service of the Commission on Administration and Finance.

149 For personal services of the commissioners, a sum

not exceeding twenty-six thousand five hundred

dollars $26,500 00

150 For personal services of assistants and employees, a

sum not exceeding one hundred eighty-four thou-
sand five hundred dollars .... 184,500 00

151 For other expenses incidental to the duties of the

commission, a sum not exceeding eighteen thou-
sand dollars 18,000 00

Total $229,000 00

Purchase of paper:

152 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
fifty-nine thousand dollars .... $59,000 00

Service of the Armory Commissioners.

153 For compensation of members, a sum not exceeding

twenty-three hundred dollars, of which sum not
less than five hundred dollars shall be for the com-
pensation of the state quartermaster as a member $2,300 00

154 For office, incidental, and traveling expenses, a sum

not exceeding one hundred dollars . . 100 00

155 For payment on account of the purchase of certain

land in the town of Natick, including interest
thereon, a sum not exceeding twenty-five thou-
sand four hundred and fifteen dollars . . 25,415 00

156 (This item omitted.)

Total $27,815 00

Acts, 1935. — Chap. 249. 249

Service of the Commissioner of State Aid and Pensions.

Item

157 For personal services of the commissioner and dep-

uties, a sum not exceeding eleven thousand one

hundred and twenty dollars .... $11,120 00

158 For personal services of agents, clerks, stenograph-

ers and other assistants, a sum not exceeding

twenty-six thousand and forty dollars . . 26,040 00

159 For services other than personal, including printing

the annual report, traveling expenses of the com-
missioner and his employees, and necessary office
supplies and equipment, a sum not exceeding
forty-seven hundred and fifteen dollars . . 4,715 00

Total $41,875 00

For Expenses on Account of Wars.

160 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 two thousand dollars, the same to be paid
on or before the fifteenth day of November in the
current year, in accordance with the provisions of
existing laws relative to state and military aid . $402,000 00

161 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 Tercenten-
ary Edition thereof, a sum not exceeding thirty-
five thousand five hundred dollars . . . 35,500 00

162 For expenses of printing certain volumes of records

of Massachusetts soldiers in the civil war, a sum
not exceeding seventeen hundred dollars, the same
to be in addition to any unexpended balance of an
appropriation made for the purpose in previous
years 1,700 00

Total $439,200 00

Service of the Massachusetts Soldiers' Home.

163 For the maintenance of the Soldiers' Home in Massa-

chusetts, with the approval of the trustees thereof,
a sum not exceeding two hundred twenty-three
thousand five hundred and seventy dollars, the
same to be in addition to certain receipts from the
United States government .... $223,570 00

Service of the Art Commission.

164 For expenses of the commission, a sum not exceeding

one hundred dollars $100 00

Service of the Commissioners on Uniform State Laws.

165 For expenses of the commissioners, a sum not exceed-

ing eight hundred and fifty dollars . . . $850 00

For the Maintenance of the Mount Greylock War Memorial.

166 For expenses of maintenance of the Mount Greylock

war memorial, as authorized by chapter three hun-
dred and thirty-six of the acts of nineteen hundred
and thirty-three, a sum not exceeding thirty-five
hundred dollars $3,500 00

Service of the Alcoholic Beverages Control Commission.

167 For the administrative expenses of the alcoholic

beverages control commission, including salaries
of the commissioners and their employees, and for
all contingent expenses, including rent of offices,

250 Acts, 1935. — Chap. 249.

Item

travel, and office and incidental expenses, a sum
not exceeding one hundred twenty-five thousand
dollars, which shall be payable from fees collected
under chapters one hundred and twenty and two
hundred and thirt.y-four, both of the acts of nine-
teen hundred and thirty-three, and under section
twenty-seven of chapter one hundred and thirty-
eight of the General Laws, as most recently
amended $125,000 00

Service of the Stale Emergency Public Works Commission.

168 For expenses of the board appointed to formulate

projects or perform any act necessary to enable the
commonwealth to receive certain benefits pro-
vided by the National Industrial Recovery Act, a
sum not exceeding thirteen thousand nine him-
dred and fifty dollars $13,950 00

Service of the State Library.

169 For personal services of the librarian, a sum not ex-

ceeding fifty-seven hundred dollars . . $5,700 00

170 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 five hundred and twenty dollars . 38,520 00

171 For services other than personal, including printing

the annual report, office supplies and equipment,
and incidental traveling expenses, a sum not ex-
ceeding fifteen hundred dollars .... 1,500 00

172 For books and other publications 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

173 For the expense of additional stacks for the storage

of books and papers, a sum not e.xceeding seventy-
five hundred dollars 7,500 00

Total $62,220 00

Service of the Superintendent of Buildings.

174 For personal services of the superintendent and

office assistants, a sum not exceeding ten thousand

five hundred and fifty dollars .... $10,550 00

175 For personal services of engineers, assistant engi-

neers, firemen and helpers in the engineer's de-
partment, a sum not exceeding fifty-nine thousand
eight hundred and fifty dollars .... 59,850 00

176 For personal services of state house guards and

assistant state house guards, a sum not exceeding
forty-three thousand nine hundred and eighty
dollars . . 43,980 00

177 For personal services of janitors, a sum not exceed-

ing twenty-five thousand and twenty dollars . 25,020 00

178 For other personal services incidental to the care and

maintenance of the state house, a sum not exceed-
ing seventy-three thousand one hundred and forty
dollars 73,140 00

179 For personal services of the central mailing room, a

sum not exceeding fifty-nine hundred dollars . 5,900 00

Total $218,440 00

Other Annual Expenses:

180 For contingent, office and other expenses of the

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

Acts, 1935. — Chap. 249. 251

Item

181 For telephone service in the building and expenses

in connection therewith, a sum not exceeding

forty-four thousand dollars .... $44,000 00

182 For services, supplies and equipment necessary to

furnish heat, light and power, a sum not exceeding

forty-five thousand five hundred dollars . . 45,500 00

183 For other services, supplies and equipment necessary

for the maintenance and care of the state house
and grounds, including repairs of furniture and
equipment, a sum not exceeding thirty-two thou-
sand dollars 32,000 00

184 For office and other expenses of the central mailing

room, a sum not exceeding one hundred dollars . 100 00

Total $121,900 00

Service of the Slate Racing Commission.

185 For the administrative expenses of the state racing

commission, including salaries of the commission-
ers and their employees, and for all contingent
expenses, including rent of offices, travel, and
office and incidental expenses, a sum not exceeding
one hundred ten thousand dollars, which shall be
payable fi'om fees collected under chapter three
hundred and seventy-four of the acts of nineteen
hundred and thirty-four $110,000 00

For the Maintenance of Old State House.

186 For the contribution of the commonwealth toward

the maintenance of the old provincial state house,

the sum of fifteen hundred doUars . . . $1,500 00

Service of the Secretary of the Commonwealth.

187 For the salary of the secretary, a sum not exceeding

seven thousand dollars ..... $7,000 00

188 For the salaries of officers and employees holding

positions established by law, and other personal
services, a sum not exceeding one hundred nine
thousand seven hundred dollars . . . 109,700 00

189 For services other than personal, traveling expenses,

office supplies and equipment, for the arrangement
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 amended, a sum not exceeding
seventeen thousand dollars .... 17,000 00

190 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-three hundred dollars . . . 3,300 00

191 For printing registration books, blanks and indices,

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

192 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 twenty-five hundred dollars . . 2,500 00

193 For the purchase and distribution of copies of cer-

tain journals of the house of representatives of
Massachusetts Bay from seventeen hundred and
fifteen to seventeen hundred and eighty, inclusive,
as authorized by chapter four hundred and thir-
teen of the acts of nineteen hundred and twenty,
a sum not exceeding seven hundred and fifty dol-
lars 750 00

252 Acts, 1935. — Chap. 249.

Item

194 For the purchase of ink for public records of the

commonwealth, a sum not exceeding one thousand

dollars $1,000 00

195 For traveling expenses of the supervisor of public

records, a sum not exceeding seven hundred dol-
lars 700 00

196 For expenses required in taking the decennial cen-

sus, a sum not exceeding eighty-five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 8,500 00

Total $151,450 00

Indexing vital statistics:

197 For the preparation of certain indexes of births,

marriages and deaths, a sum not exceeding nine

thousand dollars $9,000 00

For printing laws, etc. :

198 For printing and distribution of tlje pamphlet edition

of the acts and resolves of the present year, a sum

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

199 For printing and binding the blue book edition of

the acts and resolves of the present year, a sum.

not exceeding seven thousand dollars . . 7,000 00

200 For the printing of reports of decisions of the su-

preme judicial court, a sum not exceeding fifteen
thousand dollars, the same to be in addition to any
unexpended balance of an appropriation made for
the purpose in the previous year . . . 15,000 00

201 For printing and binding public documents, a sum

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

Total $30,300 00

For matters relating to elections :

202 For personal and other services in preparing for

primary elections, and for the expenses of prepar-
ing, printing and distributing ballots for primary
and other elections, a sum not exceeding thirty-one
hundred and fifty dollars . . . . . $3,150 00

203 For the printing of blanks for town officers, election

laws and blanks and instructions on all matters
relating to elections, a sum not exceeding one
thousand dollars 1,000 00

204 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
one thousand dollars ..... 1,000 GO

Total $5,150 00

Medical Examiners' Fees:

205 For medical examiners' fees, as provided by law, a

sum not exceeding eleven hundred dollars . . $1,100 00

205a For the dissemination of information relative to the
advantages and desirability of Massachusetts for
industrial, agricultural, recreational and other
purposes, a sum not exceeding one hundred thou-
sand dollars, under the direction of the state secre-
tary who shall prepare a program for advertising
and other publicity and may incur expenditures
for advertising or other appropriate mediums.

Acts, 1935. — Chap. 249. 253

Item

and may authorize an allotment from this appro-
priation to be used in co-operation with funds
contributed by the other New England states . $100,000 00

Service of the Treasurer and Receiver-General.

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

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

207 For salaries of officers and employees holding posi-

tions established by law and additional clerical
and other assistance, including the employment
of an agent to obtain certain information at
Washington, a sum not exceeding sixty thousand
seven hundred and sixty dollars . . 60,760 00

208 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceeding

twenty-two thousand nine hundred dollars . 22,900 00

Total $89,660 00

Commissioners on Firemen's Relief:

209 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

210 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:

211 For expenses of administering certain laws relating

to payments in^ recognition of military service in
the world war, a sum not exceeding twenty-eight
hundred dollars, to be paid from the receipts from
taxes levied under authority of chapters two hun-
dred and eighty-three and three hundred and
forty-two of the General Acts of nineteen hun-
dred and nineteen $2,800 00

212 For making payments to soldiers in recognition of

service during the world war, as provided by law,
a sum not exceeding eight thousand dollars, to be
paid from receipts from taxes levied as specified
in item two hundred and eleven . . . 8,000 00

Total $10,800 00

State Board of Retirement:

213 For personal services in the administrative office of

the state board of retirement, a sum not exceeding
ninety-seven hundred and eighty dollars . . $9,780 00

214 For services other than personal, printing the annual

report, and for office supplies and equipment, a
sum not exceeding fifty-eight hundred and fifty
dollars 5,850 00

215 For requirements of annuity funds and pensions for

employees retired from the state service under
authority of law, a sum not exceeding two
hundred aud sixty thousand dollars . . . 260,000 00

Total $275,630 00

Board of Tax Appeals:

216 For personal services of the members of the board

and employees, a sum not exceeding sixty-nine

thousand five hundred dollars .... $69,500 00

254 Acts, 1935. — Chap. 249.

Item

217 For services other than personal, traveling expenses,
office suppUes and equipment, and rent, a sum not
exceeding twenty-two thousand two hundred dol-
lars S22,200 00

Total $91,700 00

Service of the Emergency Finance Board.

218 For administrative expenses of the emergency-

finance board, a sum not exceeding nineteen thou-
sand five hundred dollars .... $19,500 00

Requirements for Extinguishing tlie State Debt.

219 For sinking fund requirements and for certain serial

bonds maturing during the present year, the sum
of two million five hundred ninety-eight thousand
one hundred ninety dollars and eighty-three cents,
payable from the following accounts and funds in
the following amounts: — from the Highway
Fund, one million one hundred eighty thousand
one hundred seven dollars and fifty cents; and
the remainder from the General Fund . $2,598,190 83

219a 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, as amended, and already in the
main incurred, which is the proportionate part
intended to be ultimately met by the common-
wealth during the current fiscal year, thereby
reducing by the sum hereby appropriated the
amount that may be borrowed under section three
of said chapter, without otherwise affecting the
authority to borrow under said section three the re-
mainder of the amount authorized to be borrowed
thereunder, the sum of two million one hundred
and twenty-five thousand dollars, the same to be
paid from the Highway Fund . . . $2,125,000 00

Interest on the Public Debt.

220 For the payment of interest on the direct debt of the

commonwealth, a sum not exceeding nine hundred
thirty thousand dollars, of which sum three hun-
dred seventy-four thousand five hundred forty-six
dollars and twenty-five cents shall be paid from
the Highway Fund $930,000 00

Service of the Auditor of the Commonwealth.

221 For the salary of the auditor, a sum not exceeding

six thousand dollars $6,000 00

222 For personal services of deputies and other assis-

tants, a sum not exceeding fifty-eight thousand

dollars 58,000 00

223 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceeding

sixty-five hundred dollars .... 6,500 00

Total $70,500 00

Service of the Attorney General's Department.

224 For the salary of the attorney general, a sum not ex-

ceeding eight thousand dollars .... $8,000 00

225 For the compensation of assistants in his office, and

for such other legal and personal services as may
be required, a sum not exceeding one hundred four
thousand two hundred dollars .... 104,200 00

Acts, 1935. — Chap. 249. 255

Item

226 For services other than personal, travehng expenses,

office supphes and equipment, a sum not exceeding

nine thousand dollars ..... $9,000 00

227 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 thousand
dollars 5,000 00

228 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 sixty-five hundred dollars . 6,500 00

Total $132,700 00

Service of the Department of Agriculture.

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

ceeding six thousand dollars .... $6,000 00

230 For personal services of clerks and stenographers, a

sum not exceeding twenty-two thousand and

seventy dollars 22,070 00

231 For traveling expenses of the commissioner, a sum

not exceeding nine hundred dollars . . . 900 00

232 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

233 For compensation and expenses of members of the

advisory board, a sum not exceeding eighteen

hundred and fifteen dollars .... 1,815 00

234 For services and expenses of apiary inspection, a sum

not exceeding two thousand dollars . . . 2,000 00

Division of Dairying and Animal Husbandry:

235 For personal services, a sum not exceeding thirteen

thousand two hundred and sixty dollars . . 13,260 00

236 For other expenses, including the enforcement of the

dairy laws of the commonwealth, a sum not ex-
ceeding fifty-six hundred dollars . . . 5,600 00

237 For administering the law relative to the inspection

of barns and dairies by the department of agri-
culture, a sum not exceeding twenty-two thousand
six hundred dollars 22,600 00

238 For expenses of administering sections forty-two A

to forty-two K, inclusive, of chapter ninety-four
of the General Laws, as appearing in section two
of chapter three hundred and thirty-eight of the
acts of nineteen hundred and thirty-three and as
subsequently amended, relative to the licensing
and bonding of milk dealers, a sum not exceeding
four thousand dollars ..... 4,000 00

Division of Plant Pest Control:

239 For personal services, a sum not exceeding ten thou-

sand five hundred and thirty dollars . . . 10,530 00

240 For other expenses, a sum not exceeding forty-six

hundred dollars 4,600 00

Division of Markets:

241 For personal services, a sum not exceeding twenty-

six thousand eight hundred and sixty dollars . 26,860 00

242 For other expenses, a sum not exceeding seventy-

three hundred dollars ..... 7,300 00

Division of Reclamation, Soil Survey and Fairs:

243 For personal services, a sum not exceeding ten thou-

sand four hundred dollars .... 10,400 00

256 Acts, 1935. — Chap. 249.

Item

244 For travel and other expenses, a sum not exceeding

fifty-five hundred dollars $5,500 00

245 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

Milk Control Board:

246 For administrative expenses of the milk control

board, including compensation and salaries of the
members of the board and their employees, and
for all contingent expenses, including rent of
oSices, travel, office and incidental expenses, a
sum not exceeding one hundred thirty-six thou-
sand dollars 136,000 00

Specials:

247 For work in protecting the pine trees of the common-

wealth from white pine blister rust, and for pay-
ments of claims on account of currant and goose-
berry bushes destroyed in the work of suppressing
white pine blister rust, a sum not exceeding three
thousand dollars ...... 3,000 00

248 For quarantine and other expenses in connection

with the work of suppression of the European ■

corn-borer, so called, a sum not exceeding three W

thousand dollars, the same to be in addition to any '

amount heretofore appropriated for the purpose 3,000 00

249 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

250 For the cost of work of inspecting certain orchards

of the commonwealth to provide for effective apple

Eest control, a sum not exceeding twenty-five
undred dollars 2,500 00

251 For expenses of scouting in connection with the pos-

sible discovery of Dutch elm disease in the trees
of the commonwealth, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

Total $330,835 00

State Reclamation Board:

252 For expenses of the board, a sum not exceeding ten

thousand dollars $10,000 00

253 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
thousand three hundred dollars, the same to be
assessed upon certain towns as required by law . 24,300 00

Total $34,300 00

Division of Livestock Disease Control:

254 For the salary of the director, a sum not exceeding

four thousand dollars $4,000 00

255 For personal services of clerks and stenographers,

a sum not exceeding twenty-five thousand nine

hundred and forty dollars .... 25,940 00

256 For services other than personal, including printing

the annual report, traveling expenses of the di-
rector, office supplies and equipment, and rent, a
sum not exceeding fourteen thousand dollars . 14,000 00

Acts, 1935. — Chap. 249. 257

For personal services of veterinarians and agents en-
gaged in the work of extermination of contagious
diseases among domestic animals, a sum not
exceeding eighty-five thousand dollars . . $85,000 00

For traveling expenses of veterinarians and agents,
including the cost of any motor vehicles purchased
for their use, a sum not exceeding thirty-two
thousand nine hundred dollars .... 32,900 00

For reimbursement of owners of horses kUled during
the present and previous years, travel, when al-
lowed, of inspectors of animals, incidental expenses
of killing and burial, quarantine and emergency
services, and for laboratory and veterinary sup-
plies and equipment, a sum not exceeding five
thousand dollars 5,000 00

For reimbursement of owners of tubercular cattle
killed, as authorized by section twelve A of chap-
ter 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 amended, during the present
and previous year, a sum not exceeding one hun-
dred thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose, and any unexpended balance remaining
at the end of the current fiscal year may be used
in the succeeding year; provided, that certain
claims for the year nineteen hundred and thirty-
two of H. C. Cady of Ware, W. H. Lull of East
Longmeadow, C. E. and C. H. Barnes of Charlton,
and F. W. Rosebrook of Oxford may be charged to
this appropriation $100,000 00

Total $266,840 00

Reimbursement of towns for inspectors of animals:
For the reimbursement of certain towns for compen-
sation paid to inspectors of animals, a sum not ex-
ceeding fifty-five hundred dollars . . . $5,500 00

Service of the Department of Conservation.

Administration :

For the salary of the commissioner, a sum not ex-
ceeding six thousand dollars .... $6,000 00

For traveling expenses of the commissioner, a sum

not exceeding six hundred dollars . . . 600 00

For telephone service and certain other office charges
of the department, a sum not exceeding three
thousand dollars 3,000 00

For personal services of a telephone operator and
office boy, a sum not exceeding nineteen hundred
and fifty dollars 1,950 00

Total $11,550 00

Division of Forestry:

For personal services of office assistants, a sum not

exceeding thirteen thousand nine hundred dollars $13,900 00

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 ten thousand five hundred dol-
lars 10,600 00

258 Acts, 1935. — Chap. 249.

Item

268 For the expense of publishing information relative to

state forests, a sum not exceeding five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $500 00

269 For the salaries and expenses of foresters and for nec-

essary labor, supplies and equipment in maintain-
ing forest tree nurseries, a sum not exceeding four-
teen thousand three hundred dollars . . . 14,300 00

270 For aiding towns in the purchase of equipment for

extinguishing forest fires and for making protec-
tive belts or zones as a defence against forest fires,
for the present and previous years, a sum not
exceeding one thousand dollars . . . 1,000 00

271 For personal services of the state fire warden and his

assistants, and for other services, including trav-
eling 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 fifty
thousand dollars, the same to be in addition to any
funds allotted to Massachusetts by the federal
authorities 50,000 00

272 For the suppression of the gypsy and brown tail

moths, and for expenses incidental thereto, a sum
not exceeding forty-eight thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose, and any unex-
pended balance remaining at the end of the current
fiscal year may be used in the succeeding year . 48,000 00

273 For the planting and maintenance of state forests, a

sum not exceeding twenty thousand dollars . . 20,000 00

274 For the development of state forests, including the

cost of maintenance of such nurseries as may be
necessary for the growing of seedlings 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 thousand
six hundred dollars, the same to be in addition to
any amount heretofore appropriated for this pur-
pose, and any unexpended balance remaining at
the end of the current fiscal year may be used in
the succeeding year ..... 120,600 00

275 For the purchase of land, including completion of

the purchase authorized by item two hundred and
sixty-two A of chapter three hundred and eighty-
four of the acts of nineteen hundred and thirty-
four, a sum not exceeding one hundred fifty thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 150,000 00

276 For reimbursement to certain towns, as authorized

by section twenty-four of chapter forty-eight of
the General Laws, as appearing in the Tercenten-
ary Edition thereof, a sum not exceeding three
hundred dollars 300 00

277 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-seven hundred dollars .... 2,700 00

Total $431,800 00

Acts, 1935. — Chap. 249. 259

Item

Division of Parks:

278 For personal services, a sum not exceeding seventy-

one hundred dollars $7,100 00

279 For other expenses, a sum not exceeding two thou-

sand dollars 2,000 00

280 For the maintenance of the Standish monument

reservation, a sum not exceeding two thousand

dollars 2,000 00

Total $11,100 00

Salisbury Beach Reservation:

281 For the maintenance of Salisbury beach reservation,
a sum not exceeding fifty-four hundred dollars,
the same to be assessed upon the cities and towns
of the commonwealth, exclusive of those compris-
ing the metropolitan parks district, but including
Cohasset, in the manner provided in section four
of chapter one hundred and thirty-two A of the
General Laws, as appearing in the Tercentenary
Edition thereof $5,400 00

281a For the purchase of additional land for the Salisbury
beach reservation, a sum not exceeding twenty-
nine thousand five hundred dollars, the same to be
assessed as specified in item two hundred and
eighty-one 29,500 00

Total $34,900 00

Division of Fisheries and Game:

282 For the salary of the director, a sum not exceeding

forty-five hundred dollars .... $4,500 00

283 For personal services of office assistants, a sum not

exceeding twenty thousand three hundred and

sixty dollars 20,360 00

284 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 seven hundred and
twenty dollars 11,720 00

285 For expenses of exhibitions and other measures to

increase the interest of the public in the protection
and propagation of fish and game, a sum not ex-
ceeding fifteen hundred dollars .... 1,500 00

Enforcement of laws:

286 For personal services of fish and game wardens, a

sum not exceeding sixty-nine thousand two hun-
dred dollars 69,200 00

287 For traveling expenses of fish and game wardens, and

for other expenses necessary for the enforcement
of the laws, a sum not exceeding thirty-one thou-
sand six hundred and sixty dollars . . . 31,660 00

Biological work:

288 For personal services to carry on biological work, a

sum not exceeding fifty-one hundred dollars . 5,100 00

289 For traveling and other expenses of the biologist and

his assistants, a sum not exceeding twenty-two

hundred and eighty dollars .... 2,280 00

Propagation of game birds, etc. :

290 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 five hundred dollars . 108,500 00

260 Acts, 1935. — Chap. 249.

Item

Damages by wild deer and wild moose:

291 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-five hundred dollars $5,500 00

Supervision of public fishing and hunting grounds:

292 For personal services, a sum not exceeding fifty-

three hundred and sixteen dollars . . . 5,316 00

293 For other expenses, a sum not exceeding fifteen

hundred dollars 1,500 00

Protection of wild life:

294 For expenses incurred in the protection of certain

wild life, a sum not exceeding forty-five hundred

and fifty dollars 4,550 00

State Supervisor of Marine Fisheries:

295 For personal services of the state supervisor of

marine fisheries and his assistants, a sum not ex-
ceeding twelve thousand three hundred dollars . 12,300 00

296 For office and other expenses of the state supervisor

of marine fisheries, a sum not exceeding seven

thousand dollars 7,000 00

Enforcement of shellfish and other marine fishery
laws :

297 For personal services for the administration and en-

forcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding thirty-nine
thousand dollars 39,000 00

298 For other expenses for the administration and en-

forcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding eighteen
thousand dollars 18,000 00

299 For expenses of purchasing lobsters, subject to the

conditions imposed by section twenty-six of
chapter one hundred and thirty of the General
Laws, as appearing in section two of chapter three
hundred and twenty-nine of the acts of nineteen
hundred and thirty-three, a sum not exceeding
sixty-five hundred dollars .... 6,500 00

Total $354,486 00

Bounty on seals:

300 For bounties on seals, a sum not exceeding fifteen

hundred dollars $1,500 00

Service of the Department of Banking and Insurance.
Division of Banks:

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

ceeding six thousand dollars .... $6,000 00

302 For services of deputy, directors, examiners and

assistants, clerks, stenographers and experts, a
sum not exceeding three hundred fifteen thousand
one hundred dollars 315,100 00

303 For services other than personal, printing the annual

report, traveling expenses, office supplies and
equipment, a sum not exceeding seventy-two
thousand five hundred dollars .... 72,500 00

Total $393,600 00

Supervisor of Loan Agencies:
304 For personal services of supervisor and assistants, a
sum not exceeding twelve thousand seven hun-
dred and eighty dollars $12,780 00

Acts, 1935. — Chap. 249. 2^1

Item

305 For services other than personal, printing the annual
report, office supplies and equipment, a sum not
exceeding thirteen hundred and ninety dollars . $1,390 00

Total $14,170 00

Division of Insurance:

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

ceeding six thousand dollars .... $6,000 00

307 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 ninety-five
thousand dollars, of which sum not more than
thirty-five thousand dollars may be charged to
the Highway Fund 195,000 00

308 For other services, including printing the annual re-

port, traveling expenses, necessary office supplies
and equipment, and rent of offices, a sum not ex-
ceeding fifty-nine thousand eight hundred dollars 59,800 00

Total $260,800 00

Board of Appeal on Fire Insurance Rates:

309 For expenses of the board, a sum not exceeding six

hundred doUars $600 00

Division of Savings Bank Life Insurance:

310 For personal services of officers and employees, a

sum not exceeding thirty-eight thousand three

hundred dollars 38,300 00

311 For services other than personal, printing the an-

nual report, traveling expenses, rent, publicity
and equipment, a sum not exceeding fifteen thou-
sand two hundred dollars .... 15,200 00

Total $53,500 00

Service of the Department of Corporations and Taxation.
Corporations and Tax Divisions:

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

ceeding seventy-five hundred dollars . . . $7,500 00

313 For the salaries of certain positions filled by the

commissioner, with the approval of the governor
and council, and for additional clerical and other
assistance, a sum not exceeding two hundred
twenty-seven thousand four hundred dollars, of
which sum not more than fifty thousand dollars
may be charged to the Highway Fund to cover the
estimated cost of collection of the gasoline tax, so
called, and not more than fifty thousand dollars
may be payable from fees collected under chapters
one hundred and twenty and two hundred and
thirty-four, both of the acts of nineteen hundred
and thirty-three, and under section twenty-seven
of chapter one hundred and thirty-eight of the
General Laws, as most recently amended, to
cover the estimated cost of collection of alcoholic
beverages taxes, so called ..... 227,400 00

314 For other services, necessary office supplies and

equipment, travel, and for printing the annual re-
port, other publications and valuation books, a
sum not exceeding forty-five thousand dollars 45,000 00

Total $279,900 00

262 Acts, 1935. — Chap. 249.

Item

Income Tax Division (the two following appro-
priations are to be made from the receipts from
the income tax) :

315 For personal services of the director, assistant direc-

tor, assessors, deputy assessors, clerks, stenog-
raphers and other necessary assistants, a sum not
exceeding four hundred forty-five thousand two
hundred dollars $445,200 00

316 For services other than personal, and for traveling

expenses, office supplies and equipment, a sum not
exceeding one hundred seventy-six thousand one
hundred ninety-seven dollars . . . . 176,197 00

Total $621,397 00

Division of Accounts:

317 For personal services, a sum not exceeding ninety-

six thousand one hundred and eighty dollars . $96,180 GO

318 For other expenses, a sum not exceeding twelve

thousand five hundred dollars .... 12,500 00

319 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-five hundred dollars .... 7,500 00

320 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 hun-
dred sixty-one thousand nine hundred dollars . 161,900 00

321 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
accounts, a sum not exceeding twenty thousand
dollars 20,000 00

Total $298,080 00

Reimbursement for loss of taxes:

322 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 end-
ing November thirtieth, nineteen hundred and
thirty-five, a sum not exceeding one hundred
forty-three thousand eight hundred and fifty dol-
lars $143,850 00

Service of the Department of Education.

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

ceeding nine thousand dollars .... $9,000 00

324 For personal services of officers, agents, clerks,

stenographers and othtT assistants, but not in-
cluding those employed in university extension
work, a sum not exceeding ninety-nine thousand
four hundred dollars 99,400 00

325 For traveling expenses of members of the advisory

board and of agents and employees when required
to travel in discharge of their duties, a sum not
exceeding seven thousand dollars . . . 7,000 00

326 For services other than personal, necessary office

supplies, and for printing the annual report and
bulletins as provided by law, a sum not exceeding
nine thousand dollars ..... 9,000 00

327 For printing and distributing certain bulletins, a

sum not exceeding three thousand dollars . . 3,000 00

Acts, 1935. — Chap. 249. 263

Item

328 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

329 For printing school registers and other school blanks

for cities and towns, a sum not exceeding sixteen

hundred dollars 1,600 00

330 For assisting small towns in providing themselves

with school superintendents, as provided by law,
a sum not exceeding one hundred one thousand
six hundred dollars 101,600 00

331 For the reimbursement of certain towns for the pay-

ment of tuition of pupils attending high schools
outside the towns in which they reside, as provided
by law, a sum not exceeding one hundred eighty-
five thousand dollars 185,000 00

332 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 two hundred
thousand dollars 200,000 00

333 For the reimbursement of certain cities and towns

for a part of the expense of maintaining agricul-
tural and industrial vocational schools, as pro-
vided by law, a sum not exceeding one million
two hundred nineteen thousand three hundred
fifty dollars and ninety-six cents . . 1,219,350 96

334 For the expense of promotion of vocational rehabil-

itation in co-operation with the federal govern-
ment, including rent, with the approval of the
department of education, a sum not exceeding
fifteen thousand two hundred dollars . . 15,200 00

335 For aid to certain persons receiving instruction in

the courses for vocational rehabilitation, as
authorized by section twenty-two B of chapter
seventy-four of the General Laws, as appearing
in the Tercentenary Edition thereof, a sum not
exceeding twenty-five hundred dollars . . 2,500 00

336 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-nine thousand one hundred and fifty dol-
lars 29,150 00

337 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 thousand
dollars 430,000 00

338 For expenses of holding teachers' institutes, a sum

not exceeding two thousand dollars . . . 2,000 00

339 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

340 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 ex-
ceeding six thousand dollars .... 6,000 00

Total $2,323,950 96

264 Acts, 1935. — Chap. 249.

Item

English-speaking Classes for Adults:

341 For personal services of administration, a sum not

exceeding eleven thousand two hundred and

twenty dollars $11,220 00

342 For other expenses of administration, a sum not ex-

ceeding twenty-four hundred dollars . . . 2,400 00

343 For reimbursement of certain cities and toT\Tis, a

sum not exceeding fifty thousand dollars . . 50,000 00

Total $63,620 00

University Extension Courses:

344 For personal services, a sum not exceeding one hun-

dred twenty-nine thousand four hundred dollars . $129,400 00

345 For other expenses, a sum not exceeding thirty-one

thousand dollars 31,000 GO

Total $160,400 00

Division of Immigration and Americanization:

346 For personal services, a sum not exceeding thirty-

seven thousand six hundred dollars . . $37,600 00

347 For other expenses, a sum not exceeding sixty-seven

hundred dollars 6,700 00

Total $44,300 00

Division of Public Libraries :

348 For personal services of regular agents and office

assistants, a sum not exceeding ten thousand nine

hundred dollars $10,900 00

349 For other services, including printing the annual re-

port, traveling expenses, necessary office supplies
and expenses incidental to the aiding of public
libraries, a sum not exceeding ten thousand dollars 10,000 00

Total $20,900 00

Division of the Blind:

350 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-three thousand
dollars $43,000 00

351 For the maintenance of local shops, a sum not ex-

ceeding sixty-two thousand dollars . . 62,000 00

352 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 three hundred and fifty dollars . . . 27,350 00

353 For the maintenance of certain industries for men,

to be expended under the authority of said divi-
sion, a sum not exceeding one hundred fifty-two
thousand dollars 152,000 00

354 For instruction of the adult blind in their homes, a

sum not exceeding sixteen thousand five hundred

dollars 16,500 00

355 For expenses of providing sight-saving classes, with

the approval of the division of the blind, a sum

not exceeding twenty thousand dollars . . 20,000 00

356 For aiding the adult blind, subject to the conditions

provided by law, a sum not exceeding one hundred

eighty-two thousand five hundred dollars . . 182,500 00

Total $503,350 00

Acts, 1935. — Chap. 249. 265

Item

Teachers' Retirement Board:

357 For personal services of employees, a sum not ex-

ceeding eleven thousand seven hundred and fifty

dollars $11,750 00

358 For services other than personal, including printing

the annual report, traveling expenses, office sup-
plies and equipment, and rent, a sum not
exceeding five thousand dollars . . 5,000 00

359 For payment of pensions to retired teachers, a sum

not exceeding one million fifty-three thousand

dollars 1,053,000 00

360 For reimbursement of certain cities and towns for

pensions to retired teachers, a sum not exceeding
two hundred sixty thousand five hundred eighty-
four dollars and eighty-six cents . . . 260,584 86

361 For payment into the annuity fund for the period of

the year nineteen hundred and thirty-four, in ac-
cordance with certain actuarial figures, a sum not
exceeding twenty-three thousand three hundred
ninety-three dollars and sixty cents . . . 23,393 60

Total $1,353,728 46

Massachusetts Nautical School:

362 For personal services of the secretary and office

assistants, a sum not exceeding forty-six hundred

and seventy dollars ...... $4,670 00

363 For services other than regular clerical services, in-

cluding printing the annual report, rent, office
supplies and equipment, a sum not exceeding
twenty-two hundred dollars .... 2,200 00

364 For the maintenance of the school and ship, a sum

not exceeding eighty-three thousand and forty

dollars . 83,040 00

Total $89,910 00

For the maintenance of and for certain improve-
ments at the state teachers' colleges, and the
boarding halls attached thereto, with the ap-
proval of the commissioner of education, as
follows:

365 State teachers' college at Bridgewater, a sum not

exceeding one hundred forty-nine thousand four

hundred dollars $149,400 00

366 State teachers' college at Bridgewater, boarding hall,

a sum not exceeding forty-nine thousand dollars . 49,000 00

367 State teachers' college at Fitchburg, a sum not ex-

ceeding one hundred fifty-one thousand five hun-
dred and ninety-five dollars .... 151,595 00

368 State teachers' college at Fitchburg, boarding hall,

a sum not exceeding twenty-nine thousand dollars 29,000 00

369 For the construction of a fence to enclose the ath-

letic field at the state teachers' college at Fitch-
burg, a sum not exceeding twenty-five hundred
dollars 2,500 00

370 For reconstructing a certain driveway at the state

teachers' college at Fitchburg, a sum not exceeding

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

371 For the cost of installing certain equipment for the

boilers at the state teachers' college at Fitchburg,

a sum not exceeding fifty-five hundred dollars 5,500 00

372 State teachers' college at Framingham, a sum not ex-

ceeding one hundred fifty-one thousand six

hundred dollars 151,600 00

266 Acts, 1935. — Chap. 249.

Item

373 State teachers' college at Framingham, boarding

hall, a sum not exceeding fifty-three thousand

three hundred dollars $53,300 00

374 State teachers' college at Hj^annis, a sum not ex-

ceeding fifty-seven thousand seven hundred dol-
lars 57,700 00

375 State teachers' college at Hyannis, boarding hall, a

sum not exceeding fifteen thousand six hundred

dollars 15,600 00

376 For repairing or replacing a hot water tank, and for

piping connected therewith, at the state teachers'
college at Hyannis, a sum not exceeding seven
hundred and fifty dollars ..... 750 00

377 State teachers' college at Lowell, a sum not exceed-

ing seventy-five thousand five hundred and sixty

dollars 75,560 00

378 State teachers' college at North Adams, a sum not

exceeding sixty thousand one hundred and

seventy dollars 60,170 00

379 State teachers' college at North Adams, boarding

hall, a sum not exceeding eleven thousand dollars . 11,000 00

380 State teachers' college at Salem, a sum not exceeding

one hundred nine thousand six hundred and

twenty-five dollars 109,625 00

381 State teachers' college at Westfield, a sum not ex-

ceeding seventy-one thousand and seventy dollars 71,070 00

382 State teachers' coUege at Westfield, boarding hall,

a sum not exceeding ninety-one hundred and
seventy-five dollars ..... 9,175 00

383 State teachers' college at Worcester, a sum not ex-

ceeding ninety-one thousand six hundred and fifty

dollars 91,650 00

384 Massachusetts School of Art, a sum not exceeding

one hundred ten thousand three hundred dollars . 110,300 00

Total $1,205,495 00

Textile Schools:

385 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 sixty thousand nine hundred and
ten dollars, of which sum ten thousand dollars is
to be assessed upon the city of Fall River as a part
of the state tax for the current year . . . $60,910 00

386 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 sixty-nine thousand eight hundred and
fifty dollars, of which sum ten thousand dollars
is to be assessed upon the city of Lowell as a part
of the state tax for the current year, provided
that not more than two thousand dollars may be
used for the salary of a physical instructor . . 169,850 00

387 For the maintenance of the New Bedford textile

school, with the approval of the commi.s.sioner of
education and the trustees, a sum not exceeding
sixty-three thousand three hundred dollars, of
which sum ten thousand dollars is to be assessed
upon the city of New Bedford as a part of the
state tax for the current year .... 63,300 00

Total $294,060 00

Acts, 1935. — Chap. 249. 267

Item

Massachusetts State College:

388 For maintenance and cvirrent expenses of the

Massachusetts state college, with the approval of
the trustees, a sum not exceeding nine hundred
eighty-six thousand three hundred and seventy-
five dollars $986,375 00

389 For an emergency fund to meet the needs of harvest-

ing big crops of the control service or other unfore-
seen conditions, which clearly indicate that
additional revenue will be produced to equal the
expenditure, a sum not exceeding 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

390 For aid to certain students, with the approval of the

trustees, a sum not exceeding five thousand dollars 5,000 00

391 For completing a building to be used as a hospital

ward, a sum not exceeding seventy-five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 7,500 00

392 For reconstructing the floor in the drill hall, a sum

not exceeding thirty-six hundred dollars . . 3,600 00

393 For constructing a certain highway within the

property of the college, a sum not exceeding ten
thousand dollars, the letting of the contract and
work to be done under the supervision of the state
department of public works .... 10,000 00

394 For the laying of certain new water mains, a sum not

exceeding five thousand dollars . . . 5,000 00

394a For expenses of initiating service for the nursery
industry, a sum not exceeding four thousand and
ten dollars 4,010 00

394b For expenses in connection with the grading of an
athletic field for the female students, a sum not
exceeding three thousand dollars, said amount to
be available when and if the town of Amherst
makes provision for the necessary labor . . 3,000 00

Total ....... $1,026,985 00

Service of the Department of Civil Service and Registration.

Administration:

395 For personal services of telephone operator for the

department, a sum not exceeding twelve hundred

and sixty dollars $1,260 00

Division of Civil Service:

396 For the salaries of the commissioner and associate

commissioners, a sum not exceeding nine thou-
sand dollars $9,000 00

397 For other personal services of the division, a sum

not exceeding one hundred twenty-nine thousand

eight hundred dollars 129,800 00

398 For other services and for printing the annual re-

port, and for office supplies and equipment neces-
sary for the administration of the civil service law,
a sum not exceeding twenty-eight thousand seven
hundred dollars 28,700 00

Total $167,500 00

Division of Registration :
399 For the salary of the director, a sum not exceeding

twenty-four hundred dollars .... $2,400 00

268 Acts, 1935. — Chap. 249.

Item

400 For clerical and certain other personal services of

the division, a sum not exceeding forty-two thou-
sand five hundred dollars .... $42,500 00

401 For services of the division other than personal,

printing the annual reports, office supplies and
equipment, except as otherwise provided, a sum
not exceeding twelve thousand six hundred dollars 12,600 00

Total $57,500 00

Board of Registration in Medicine:

402 For personal services of the members of the board, a

sum not exceeding forty-three hundred dollars $4,300 00

403 For personal services of members of the board and

examiners for the registration of chiropodists, a

sum not exceeding six hundred dollars . . 600 00

404 For traveling expenses, a sum not exceeding four

hundred dollars 400 00

Total $5,300 00

Board of Dental Examiners:

405 For personal services of the members of the board,

a sum not exceeding thirty-eight hundred dollars . $3,800 00

406 For traveling expenses, a sum not exceeding six

hundred dollars 600 00

407 For travel and other expenses necessary in providing

for the enforcement of law relative to the registra-
tion of dentists, a sum not exceeding eighteen
hundred dollars 1,800 00

Total $6,200 00

Board of Registration in Pharmacy:

408 For personal services of members of the board, a sum

not exceeding forty-three hundred dollars . . .?4,300 00

409 For personal services of agents, a sum not exceeding

thirty-four hundred and sixty dollars . . 3,460 00

410 For traveling expenses, a sum not exceeding forty-

five hundred dollars ..... 4,500 00

Total $12,260 00

Board of Registration of Nurses:

411 For persona] services of members of the board, a sum

not exceeding twenty-one hundred dollars . . $2,100 00

412 For traveling expenses, a sum not exceeding twelve

hundred dollars 1,200 00

Total $3,300 00

Board of Registration in Embalming:

413 For personal services of members of the board, a sum

not exceeding three hundred dollars . . $300 00

414 For traveling expenses, a sura not exceeding three

hundred dollars 300 00

415 For the dissemination of useful knowledge among

and for the benefit of licensed embalmers, a sum

not exceeding five hundred dollars . . . 500 00

Total $1,100 00

Board of Registration in Optometry:

416 For personal services of members of the board, a sum

not exceeding nineteen hundred dollars . . $1,900 GO

Acts, 1935. — Chap. 249. 269

Item

417 For traveling expenses, a sum not exceeding eight

hundred doUars $800 00

Total $2,700 00

Board of Registration in Veterinary Medicine:

418 For personal services of the members of the board, a

sum not exceeding six hundred dollars . . $600 00

419 For other services, printing the annual report, trav-

eling expenses, office supplies and equipment, a

sum not exceeding three hundred dollars . . 300 00

Total $900 00

State Examiners of Electricians :

420 For traveling expenses, a sum not exceeding forty-

eight hundred and ninety-five dollars . . $4,895 00

Board of Registration of Public Accountants:

421 For personal services of members of the board, a

sum not exceeding six hundred and seventy-five

dollars $675 00

422 For expenses of examinations, including the prep-

aration and marking of papers, and for other ex-
penses, a sum not exceeding eighteen hundred
dollars 1,800 00

Total $2,475 00

State Examiners of Plumbers:

423 For personal services of the members of the board, a

sum not exceeding eleven hundred dollars . . $1,100 00

424 For traveling expenses, a sum not exceeding eleven

hundred doUars 1,100 00

Total $2,200 00

Board of Registration of Barbers:

425 For personal services of the members of the board

and assistants, a sum not exceeding seventeen

thousand dollars $17,000 00

426 For travel and other necessary expenses, a sum not

exceeding eighty-one hundred and eighty-four

dollars 8,184 00

Total $25,184 00

Service of the Department of Industrial Accidents.

427 For personal services of members of the board, a

sum not exceeding forty-two thousand five hun-
dred dollars $42,500 00

428 For personal services of secretaries, medical adviser,

inspectors, clerks and office assistants, a sum not

exceeding one hundred thirty thousand dollars . 130,000 00

429 For expenses of impartial examinations, a sum not

exceeding twenty-five thousand dollars . . 25,000 00

430 For traveling expenses, a sum not exceeding eighty-

two hundred and fifty dollars .... 8,250 00

431 For other services, printing the annual report, nec-

essary office supplies and equipment, a sum not

exceeding fourteen thousand five hundred doUars . 14,500 00

Total $220,250 00

Service of the Department of Labor and Industries.

432 For the salaries of the commissioner, assistant and

associate commissioners, a sum not exceeding

twenty thousand two hundred dollars . . $20,200 00

270 Acts, 1935. — Chap. 249.

Item

433 For clerical and other assistance to the comntiis-

sioner, a sum not exceeding seventy-two hundred

and forty dollars $7,240 00

434 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 supplies and equipment for
the inspectional service, a sum not exceeding one
hundred sixty-eight thousand dollars . . 168,000 00

435 For personal services for the division of occupational

hygiene, a sum not exceeding ten thousand seven

hundred and forty dollars .... 10,740 00

436 For services other than personal, traveling expenses,

office and laboratory supplies and equipment, and
rent, for the division of occupational hygiene, a
sum not exceeding sixty-one hundred dollars . 6,100 00

437 For personal services for the statistical service

and for services other than personal, printing

report and publications, traveling expenses and

office supplies and equipment for the statistical ■

service, a sum not exceeding sixty-nine thousand ■

six hundred dollars 69,600 00 "

438 For clerical and other personal services for the oper-

ation of free employment offices, a sum not ex-
ceeding fifty-seven thousand seven hundred
dollars 57,700 00

439 For rent, neces.sary office supplies and equipment

for the free employment offices, a sum not exceed-
ing thirteen thousand two hundred and forty dol-
lars 13,240 00

440 For personal services for the division on necessaries
, of life, a sum not exceeding twelve thousand three

hundred dollars 12,300 00

441 For services other than personal, traveling expenses,

office supplies and equipment for the division on
necessaries of life, a sum not exceeding nineteen
hundred and fifty dollars 1,950 00

442 For clerical and other assistance for the board of

conciliation and arbitration, a sum not exceeding

fourteen thousand dollars .... 14,000 00

443 For other services, printing, traveling expenses and

office supplies and equipment for the board of con-
ciliation and arbitration, a sum not exceeding
three thousand dollars ..... 3,000 00

444 For personal services of investigators, clerks and

stenographers for the minimum wage service, a
sum not exceeding thirteen thousand nine hun-
dred and fifty dollars 13,950 00

445 For compensation and expenses of wage boards, a

sum not exceeding five hundred dollars . . 500 00

446 For services other than personal, printing, traveling

expenses and office supplies and equipment for
minimum wage service, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

447 For personal services for the division of standards,

a sum not exceeding thirty-one thousand one hun-
dred and forty dollars 31,140 00

448 For other services, printing, traveling expenses and

office supplies and equipment for the division of
standards, a sum not exceeding thirteen thousand
five hundred dollars 13,500 00

Total $445,660 00

Acts, 1935. — Chap. 249. 271

Service of the Department of Mental Diseases.
Item

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

ceeding ten thousand dollars .... $10,000 00

450 For personal services of officers and employees, a

sum not exceeding one hundred twenty -four thou-
sand nine hundred and fifty dollars . . . 124,950 00

451 For transportation and medical examination of state

charges under its charge for the present year and
previous years, a sum not exceeding thirteen
thousand dollars 13,000 00

452 For the support of state charges in the Hospital Cot-

tages for Children, a sum not exceeding eighteen

thousand two hundred dollars .... 18,200 00

453 For other services, including printing the annual re-

port, traveling expenses and office supplies and
equipment, a sum not exceeding nineteen thou-
sand doUars 19,000 00

Total $185,150 00

Division of Mental Hygiene:

454 For the expenses of investigating the nature, causes

and results of mental diseases and defects and the
publication of the results thereof; and of what
further preventive or other measures might be
taken and what further expenditures for investiga-
tion might be made which would give promise of
decreasing the number of persons afflicted with
mental diseases or defects, a sum not exceeding
eighty-four thousand six hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $84,600 00

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Mental Diseases:

455 Boston psychopathic hospital, a sum not exceeding

two hundred twenty-eight thousand and fifty

dollars 228,050 00

456 (This item combined with Item 455.)

457 Boston state hospital, a sum not exceeding eight hun-

dred eight3^-three thousand five hundred and

eighty dollars 883,580 00

458 For the purchase and erection of a certain iron

fence at the Boston state hospital, a sum not ex-
ceeding thirteen thousand dollars . . . 13,000 00

459 For the installation of sprinklers at the Boston state

hospital, a sum not exceeding twenty-six thousand

eight hundred dollars 26,800 00

460 (This item omitted.)

461 Danvers state hospital, a sum not exceeding seven

hundred seventeen thousand nine hundred and

ninety dollars 717,990 00

462 For the purchase of canning equipment for the Dan-

vers state hospital, a sura not exceeding twenty-
four hundred dollars 2,400 00

463 For the purchase of a flat work ironer for the Dan-

vers state hospital, a sum not excc^cding eighty-
eight hundred and fifty dollars .... 8,850 00

464 For the instaUation of certain equipment in the

power plant at the Danvers state hospital, a sum

not exceeding three thousand dollars . . 3,000 00

465 For the replacement of equipment and repairs in the

boiler room at the Middleton Colony of the Dan-
vers state hospital, a sum not exceeding nineteen
thousand five hundred dollars . . ^ , 19,500 00

272 Acts, 1935. — Chap. 249.

Item

466 For remodeling what is known as the Grove Hall

building at the Danvers state hospital, a sum not

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

467 Foxborough state hospital, a sum not exceeding four

hundred thirty-four thousand two hundred and

sixty dollars 434,260 00

468 For the purchase and installation of equipment for

a hydrotherapeutic suite in the female ward at the
Foxborough state hospital, a sum not exceeding
ten thousand dollars 10,000 00

469 For fire protection, including piping and incidental

work, at the Foxborough state hospital, a sum not

exceeding eight thousand dollars . . 8,000 00

470 Gardner state colony, a sum not exceeding four hun-

dred seventy-three thousand four hundred and

sixty dollars 473,460 00

471 For fire protection at the Gardner state colony, a

sum not exceeding fifteen thousand two hundred

dollars 15,200 00

472 For the purchase of laundry equipment for the

Gardner state colony, a sum not exceeding four

thousand dollars 4,000 00

473 For the construction of a hay and grain barn at the

Gardner state colony, a sum not exceeding five

thousand dollars 5,000 00

474 Grafton state hospital, a sum not exceeding five

hundred thirty-three thousand two hundred dol-
lars 533,200 00

475 For the purchase of laundry equipment for the

Grafton state hospital, a sum not exceeding sixty-
six hundred dollars 6,600 00

476 For heating plant alterations at the Grafton state

hospital, a sum not exceeding three thousand dol-
lars 3,000 00

477 Medfield state hospital, a sum not exceeding six

hundred thousand and eighty dollars . . 600,080 00

478 For the renovation and improvement of toilets and

baths at the Medfield state hospital, a sum not

exceeding twelve thousand dollars . . . 12,000 00

479 For steel stairways in the nurses' home at the Med-

field state hospital, a sum not exceeding thirty-
four hundred and fifteen dollars . . . 3,415 00

480 For the installation of sprinklers in the nurses' home

and the male home at the Medfield state hospital,

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

481 (This item combined with Item 480.)

482 Metropolitan state hospital, a sum not exceeding

four hundred fifty-two thousand three hundred

and ninety dollars 452,390 00

483 Northampton .state hospital, a sum not exceeding

five hundred forty-eight thousand two hundred

and twenty dollars 548,220 00

484 For the purchase and installation of a passenger

elevator at the Northampton state hospital, a sum

not exceeding twelve thousand dollars . . 12,000 00

485 For the installation of sprinklers and incidental

work in connection therewith at the Northampton
state hospital, a sum not exceeding four thousand
dollars 4,000 00

486 For remodeling Rhodes cottage, so-called, at the

Northampton state hospital, a sum not exceeding

three thousand dollars ..... 3,000 00

487 Taunton state hospital, a sum not exceeding five

hundred forty-five thousand seven hundred and

thirty dollars 545,730 00

Acts, 1935. — Chap. 249. 273

Item

488 For the purchase of laundry equipment for the

Taunton state hospital, a sum not exceeding sixty-
one hundred dollars $6,100 00

489 For the purchase of certain land for the Taunton

state hospital, a sum not exceeding three hundred

dollars 300 00

490 For the purchase of the Staples property, so-called,

for the Taunton state hospital, a sum not exceed-
ing thirty-one hundred dollars .... 3,100 00

491 Westborough state hospital, a sum not exceeding

five hundred forty-three thousand one hundred

and sixty dollars 543,160 00

492 (This item omitted.)

493 For the construction of the second story to a con-

crete garage at the Westborough state hospital, a

sum not exceeding twenty-five hundred dollars . 2,500 00

494 For certain changes in the water supply system at

the Westborough state hospital, a sum not ex-
ceeding fifty-three hundred dollars . . 5,300 00

495 For resurfacing sewer beds at the Westborough state

hospital, a sum not exceeding forty-five hundred

dollars 4,500 00

496 For renovation and improvement of plumbing in the

Talbot building at the Westborough state hospital,

a sum not exceeding sixtj'^-five hundred dollars . 6,500 00

497 Worcester state hospital, a sum not exceeding eight

hundred eighteen thousand one hundred and

twenty dollars 818,120 GO

498 For the cost of window calking and weather strips at

the Worcester state hospital, a sum not exceeding

five thousand dollars ..... 5,000 00

499 For certain roof repairs at the Worcester state hos-

pital, a sum not exceeding seventy-seven hundred

dollars 7,700 00

500 For renovation of the Quimby ward building at the

Worcester state hospital, a sum not exceeding

eighteen thousand dollars .... 18,000 00

501 For mechanical refrigeration at the Worcester state

hospital, a sum not exceeding fourteen thousand

four hundred dollars ..... 14,400 00

502 Monson state hospital, a sum not exceeding five

hundred seventeen thousand four hundred and

twenty-five dollars 517,425 00

503 For the completion of a certain garage at the Monson

state hospital, a sum not exceeding two thousand

dollars 2,000 00

504 For additional fire protection at the Monson state

hospital, a sum not exceeding nine thousand dol-
lars 9,000 00

505 Belchertown state school, a sum not exceeding four

hundred thirty-six thousand eight hundred and

eighty dollars . 436,880 00

506 For the purchase and installation of an additional

oven in the bakery at the Belchertown state
school, a sum not exceeding forty-five hundred
dollars 4,500 00

507 For the purchase and installation of metal shelving

and bins for the storehouse at the Belchertown
state school, a sum not exceeding twenty-five hun-
dred dollars 2,500 00

508 Walter E. Fernald state school, a sum not exceeding

six hundred twenty-one thousand two hundred

dollars 621,200 00

274 Acts, 1935. — Chap. 249.

Item

509 For certain improvements in the boiler house at the

Walter E. Fernald state school, a sum not exceed-
ing twenty-one thousand dollars . . . S2 1,000 00

510 For renovating and furnishing a certain cottage at

the Walter E. Fernald state school, a sum not ex-
ceeding ten thousand dollars .... 10,000 00

511 For thn purchase and installation of certain recrea-

tional equipment for the Walter E. Fernald state
school, a sum not exceeding sixteen hundred dol-
lars 1,600 00

512 Wrentham state school, a sum not exceeding five

hundred thirty-seven thousand nine hundred and

fifty dollars 537,950 00

513 For the purchase and installation of X-ray equip-

ment at the Wrentham state school, a sum not

exceeding forty-five hundred dollars . . . 4,500 00

514 For the reconstruction of certain sewer beds at the

Wrentham state school, a sum not exceeding

twenty-one thousand dollars .... 21,000 00

515 For the purchase of laundry equipment for the

Wrentham state school, a sum not exceeding forty-
four hundred dollars ..... 4,400 00

Total $9,217,360 00

Service of the Department of Correction.

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

ceeding six thousand dollars .... $6,000 00

517 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 ninety-six thousand one hundred dollars . 96,100 00

518 For services other than personal, including printing

the annual report, necessary office supplies and
equipment, a sum not exceeding seventy-five hun-
dred dollars 7,500 00

519 For traveling expenses of officers and employees of

the department, when required to travel in the
discharge of their duties, a sum not exceeding
twelve thousand three hundred and sixty dollars . 12,360 00

520 For the removal of prisoners, to and from state in-

stitutions, a sum not exceeding six thousand dol-
lars 6,000 00

521 For assistance to discharged prisoners, a sum not

exceeding seven hundred dollars . . . 700 00

522 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 $129,660 00

Division of Research for the Prevention of Crime:

523 For expenses of the division hereby authorized, a

sum not exceeding twenty thousand eight hundred
and sixty 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 $20,860 00

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Correction:

524 State farm, a sum not exceeding six hundred eighty-

seven thousand four hundred and sixty dollars . $687,460 GO

525 State prison, a sum not exceeding four hundred five

thousand four hundred dollars .... 405,400 00

Acts, 1935. — Chap. 249. 275

Item

526 Massachusetts reformatory, a sum not exceeding

four hundred forty-eight thousand six hundred

dollars $448,600 00

527 Reformatory for women, a sum not exceeding one

hundred ninety-eight thousand one hundred and

seventy dollars 198,170 00

528 For miscellaneous improvements at the reformatory

for women, a sum not exceeding thirty-two thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose 32,000 00

529 State prison colony, a sum not exceeding four hun-

dred thirty-two thousand three hundred and forty

dollars 432,340 00

530 For excavating and grading at the state prison col-

ony, a sum not exceeding fifteen thousand dollars . 15,000 00

531 For the construction of a building to house fire equip-

ment at the state prison colony, a sum not exceed-
ing one thousand dollars ..... 1,000 00

532 For the purchase and installation of equipment for

the supply building at the state prison colony, a

sum not exceeding two thousand dollars . . 2,000 00

533 For further protection of the power house at the

state prison colony, a sum not exceeding one thou-
sand dollars 1,000 00

534 For the construction of roads and sidewalks at the

state prison colony, a sum not exceeding two thou-
sand dollars 2,000 00

535 For the construction and equipment of a piggery at

the state prison colony, a sum not exceeding five

thousand dollars 5,000 00

Total $2,229,970 00

Service of the Department of Public Welfare.
Administration :

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

ceeding seven thousand dollars . . . $7,000 00

537 For personal services of officers and employees and

supervision of planning boards, a sum not exceed-
ing forty-three thousand four hundred and forty
dollars 43,440 00

538 For services other than personal, printing the annual

report, traveling expenses, including expenses of
auxiliary visitors, office supplies and expenses, and
contingent expenses for the supervision of plan-
ning boards, a sum not exceeding fifty-five hun-
dred dollars 5,500 00

Total $55,940 00

State Board of Housing:

539 For personal services, a sum not exceeding six thou-

sand dollars $6,000 00

540 For expenses, as authorized by section eighteen of

chapter eighteen of the General Laws, inserted by
section one of chapter three hundred and sixty-
four of the acts of nineteen hundred and thirty-
three, a sum not exceeding thirty-five hundred dol-
lars 3,500 00

Total $9,500 00

Division of Aid and Relief:
541 For personal services of officers and employees, a sum
not exceeding one hundred eighty-four thousand
dollars; and the employment of persons author-

276 Acts, 1935. — Chap. 249.

Item

ized under item I of chapter sixty-nine of the acts
of nineteen hundred and thirty-two may be con-
tinued, and shall not be subject to the civil service
laws or the rules and regulations made thereunder $184,000 00

542 For services other than personal, including traveling

expenses and office supplies and equipment, a sum

not exceeding thirty-one thousand dollars . . 31,000 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:

543 For the payment of suitable aid to mothers with de-

pendent children, a sum not exceeding one million

sixty-five thousand dollars .... 1,065,000 00

544 For the burial by cities and towns of indigent per-

sons who have no legal settlement, a sum not

exceeding ten thousand dollars .... 10,000 00

545 For expenses in connection with smallpox and other

diseases dangerous to the public health, a sum not

exceeding ninety-five thousand dollars . . 95,000 00

546 For the support of sick indigent persons who have

no legal settlement, a sum not exceeding one hun-
dred ten thousand dollars .... 110,000 00

547 For temporary aid given to indigent persons with no

legal settlement, and to shipwrecked seamen by
cities and towns, and for the transportation of in-
digent persons under the charge of the depart-
ment, a sum not exceeding three milhon two hun-
dred thousand dollars 3,200,000 00

Old Age Assistance:

548 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, a sum not exceeding eighty-nine thou-
sand two hundred dollars 89,200 00

549 For other expenses, including rent, travel, office

supplies 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 thousand five hundred
dollars 20,500 00

Total $4,804,700 00

Division of Child Guardianship:
650 For personal services of officers and employees, a sum
not exceeding two hundred eight thousand four
hundred dollars $208,400 00

551 For services other than personal, office supplies and

equipment, a sum not exceeding forty-five hun-
dred dollars 4,500 00

552 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 thou-
sand dollars 300,000 00

553 For the care and maintenance of children, for the

present and previous years, a sum not exceeding
one million four hundred and seventy-five thou-
sand dollars 1,475,000 00

Total $1,987,900 00

Acts, 1935. — Chap. 249. 277

Item

Division of Juvenile Training, Trustees of Massa-
chusetts Training Schools:

554 For services of the secretary and certain other per-

sons employed in the executive office, a sum not

exceeding thirteen thousand three hundred dollars $13,300 00

555 For services other than personal, including printing

the annual report, traveling and other expenses of
the members of the board and employees, office
supplies and equipment, a sum not exceeding
twenty-eight hundred dollars .... 2,800 00

Boys' Parole:

556 For personal services of agents in the division for

boys paroled and boarded in families, a sum not
exceeding forty-four thousand four hundred dol-
lars 44,400 00

557 For services other than personal, including traveling

expenses of the agents and boys, and necessary
office supplies and equipment, a sum not exceeding
twenty-three thousand five hundred dollars . 23,500 00

558 For board, clothing, medical and other expenses inci-

dental to the care of boys, a sum not exceeding
twenty-eight thousand dollars . . . . 28,000 00

Girls' Parole:

559 For personal services of agents in the division for

girls paroled from the industrial school for girls, a
sum not exceeding thirty-three thousand one hun-
dred dollars 33,100 00

560 For traveling expenses of said agents for girls pa-

roled, for board, medical and other care of girls,
and for services other than personal, office sup-
plies and equipment, a sum not exceeding twenty
thousand three hundred dollars . . . 20,300 00

Tuition of children:

561 For reimbursement of cities and towns for tuition of

children attending the public schools, a sum not

exceeding eight thousand dollars . . . 8,000 00

Total $173,400 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 :

562 Industrial school for boys, a sum not exceeding one

hundred sixtv-one thousand seven hundred and

fifty dollars ' $161,750 00

563 For the purchase of certain land for the industrial

school for boys, a sum not exceeding fifteen hun-
dred dollars 1,500 00

564 Industrial school for girls, a sum not exceeding one

hundred forty-two thousand and ninety dollars . 142,090 00
564a For the purchase of certain property for the indus-
trial school for girls, a sum not exceeding four
thousand dollars 4,000 00

565 Lyman school for boys, a sum not exceeding two

hundred thirty-five thousand three hundred dol-
lars 235,300 00

Total $544,640 00

Massachusetts Hospital School:
566 For the maintenance of the Massachusetts hospital
school, to be expended with the approval of the
trustees thereof, a sum not exceeding one hundred
eighty-nine thousand five hundred and fifty dollars $189,550 00

278 Acts, 1935. — Chap. 249.

Item

State Infirmary:

567 For the maintenance of the state infirmary, to be ex-

pended with the approval of the trustees thereof,
a sum not exceeding one milHon forty-seven thou-
sand six hundred dollars .... $1,047,600 00 ;

Service of the Department of Public Health.

Administration:

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

ceeding seventy-five hundred dollars . . . $7,500 00

569 For personal services of the health council and office

assistants, a sum not exceeding eighteen thousand

six hundred and twenty dollars . . 18,620 00

570 For services other than personal, including printing

the annual report, traveling expenses, office sup-
plies and equipment, a sum not exceeding ninety-
eight hundred dollars 9,800 00

Service of Adult Hygiene (cancer):

571 For personal services of the division, including can-

cer clinics, a sum not exceeding forty-three thou-
sand dollars 43,000 00

572 For other expenses of the division, including cancer

clinics, a sum not exceeding thirty-five thousand

four hundred dollars 35,400 00

Services of Child Hygiene:

573 For personal services of the director and assistants,

a sum not exceeding thirty-seven thousand four

hundred and forty dollars .... 37,440 00

574 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceeding

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

Service of Maternal and Child Hygiene:

575 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 ex-
ceeding twenty-three thousand four hundred and
eighty dollars 23,480 00

576 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 exceed-
ing nine thousand dollars .... 9,000 00

Division of Communicable Diseases:

577 For personal services of the director, district health

officers and their assistants, epidemiologists,
bacteriologist and assistants in the diagnostic
laboratory, a sum not exceeding seventy-four
thousand one hundred dollars .... 74,100 00

578 For services other than personal, traveling expenses,

laboratory, office and other necessary supplies, in-
cluding the purchase of animals and equipment,
and rent of certain offices, a sum not exceeding
fourteen thousand two hundred and fifty dollars . 14,250 00

Venereal Diseases:

579 For personal services for the control of venereal

diseases, a sum not exceeding thirteen thousand

six hundred and eighty dollars .... 13,680 00

580 For services other than personal, traveling expenses,

ofiice supplies and equipment, a sum not exceeding
twenty-eight thousand dollars .... 28,000 00

Acts, 1935. — Chap. 249. 279

Item

Wassermann Laboratory:

581 For personal services of the Wassermann laboratory,

a sum not exceeding sixteen thousand four hun-
dred dollars $16,400 00

582 For expenses of the Wassermann laboratory, a sum

not exceeding fifty-two hundred dollars . . 5,200 00

Antitoxin and Vaccine Laboratories:

583 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
seventy thousand dollars ..... 70,000 00

584 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
dollars 34,500 00

Inspection of Food and Drugs:

585 For personal services of the director, analysts, in-

spectors and other assistants, a sum not exceeding

fifty-four thousand nine hundred dollars . . 54,900 00

586 For other services, including traveling expenses, sup-

plies, materials and equipment, a sum not exceed-
ing eleven thousand nine hundred dollars . . 11,900 00

Shellfish Enforcement Law:

587 For personal services for administering the law rela-

tive to shellfish, a sum not exceeding nineteen

hundred and twenty dollars .... 1,920 00

588 For other expenses for administering the law relative

to shellfish, a sum not exceeding eight hundred and

seventy dollars 870 00

Water Supply and Disposal of Sewage:

589 For personal services of directors, engineers, chem-

ists, clerks and other assistants in the division of
engineering and the division of laboratories, a sum
not exceeding one hundred fourteen thousand five
hundred dollars 114,500 00

590 For other services, including traveling expenses,

supplies, materials and equipment, for the division
of engineering and the division of laboratories, a
sum not exceeding twenty-five thousand dollars . 25,000 00

Total $664,460 00

Division of Tuberculosis:

591 For personal services of the director, stenographers,

clerks and other assistants, a sum not exceeding

thirty-five thousand eight hundred dollars . . $35,800 00

592 For services other than personal, including printing

the annual report, traveling expenses and office
supplies and equipment, a sum not exceeding
sixty-one hundred and fifty dollars . . 6,150 00

593 To cover the payment of certain subsidies for the

maintenance of hospitals for tubercular patients,
a sum not exceeding four hundred and sixty-five
thousand dollars 465,000 00

594 For personal services for certain children's clinics

for tuberculosis, a sum not exceeding thirty-six

thousand four hundred dollars .... 36,400 00

595 For other services for certain children's clinics for

tuberculosis, a sum not exceeding seventeen

thousand dollars 17,000 00

Total $560,350 00

280 Acts, 1935. — Chap. 249.

Item

For the maintenance of and for certain improve-
ments at the sanatoria, as follows:

596 Lakeville state sanatorium, a sum not exceeding two

hundred eighty-two thousand two hundred and

forty-five dollars $282,245 00

597 For fire protection and sprinklers at the Lakeville

state sanatorium, a sum not exceeding sixteen

hundred dollars ...... 1,600 00

598 North Reading state sanatorium, a sum not exceed-

ing two hundred forty-one thousand five hundred

dollars 241,500 00

599 For improvements in the water supply at the North

Reading state sanatorium, a sum not exceeding

fifteen hundred dollars 1,500 00

600 For fire protection and sprinklers at the North

Reading state sanatorium, a sum not exceeding

two thousand dollars ..... 2,000 00

601 Rutland state sanatorium, a sum not exceeding

three hundred eighteen thousand seven hundred

and fifty dollars 318,750 00

602 For the reconstruction of a certain road at the Rut-

land state sanatorium, a sum not exceeding twelve
thousand dollars, the letting of the contract and
work to be done under the supervision of the state
department of public works .... 12,000 00
602a For improvements in the water supply mains at the
Rutland state sanatorium, a sum not exceeding
thirty-four hundred dollars .... 3,400 00

603 (This item omitted.)

604 Westfield state sanatorium, a sum not exceeding

two hundred fifty-five thousand one hundred and

ninety dollars 255,190 00

605 For improvements in the water supply system at

the Westfield state sanatorium, a sum not exceed-
ing fifteen hundred dollars .... 1,500 00

606 For additional fire protection and sprinklers at the

Westfield state sanatorium, a sum not exceeding

fourteen hundred dollars . . . . . 1,400 00

Total $1,121,085 00

Pondville Cancer Hospital:

607 For maintenance of the Pondville cancer hospital,

including care of radium, a sum not exceeding
two hundred fifty-seven thousand and twenty-
five dollars $257,025 00

608 For the installation of an incinerator, a sum not ex-

ceeding two thousand dollars .... 2,000 00

609 For the cost of removing and improving the bac-

teriological laboratory, a sum not exceeding two

thousand dollars 2,000 00

610 For reconditioning and installing an engine and

generator, a sum not exceeding twenty-five hun-
dred dollars 2,500 00

611 For renovation of the old service building, including

furnishings and equipment, a sum not exceeding

ten thousand dollars 10,000 00

612 For additional water supply and sprinklers, a sum

not exceeding three thousand dollars . . 3,000 00

Total $276,525 00

Service of the Department of Public Safety.
Administration:
613 For the salary of the commissioner, a sum not ex-
ceeding six thousand dollars .... $6,000 00

Acts, 1935. — Chap. 249. 281

Item

614 For personal services of clerks and stenographers, a

sum not exceeding eighty-eight thousand two

hundred and fifty dollars $88,250 00

615 For contingent expenses, including printing the

annual report, rent of district offices, supplies and
equipment, and all other things necessary for the
investigation of fires and moving picture licenses,
as required by law, and for expenses of admin-
istering the law regulating the sale and resale of
tickets to theatres and other places of public
amusement by the department of public safety, a
sum not exceeding forty-one thousand dollars . 41,000 00

Division of State Police:

616 For the salaries of officers, including detectives, a

sum not exceeding five hundred thousand dollars,
of which sum not more than one hundred eighty-
four thousand dollars may be charged to the
Highway Fund. The additional detectives, for
which provision is hereby made, when appointed,
shall not be under twenty-five years of age or
over fifty years of age, notwithstanding the pro-
visions of any other law to the contrary . . 500,000 00

617 For personal services of civilian employees, a sum

not exceeding one hundred one thousand dollars . 101,000 00

618 For other necessary expenses of the uniformed divi-

sion, including traveling expenses of detectives, a
sum not exceeding four hundred thirty-nine thou-
sand dollars, of which sum not more than one
hundred forty-one thousand doUars may be
charged to the Highway Fund .... 439,000 00

619 For personal services, rent, supplies and equipment

necessary in the enforcement of provisions of law
relative to explosives and inflammable fluids and
compounds, a sum not exceeding eleven thousand
five hundred and fifty dollars .... 11,550 00

Division of Inspection:

620 For the salary of the chief of inspections, a sum not

exceeding four thou-sand dollars . . . 4,000 00

621 For the salaries of officers for the building inspection

service, a sum not exceeding fifty-three thousand

four hundred and sixty dollars .... 53,460 00

622 For traveling expenses of officers for the building

inspection service, a sum not exceeding eleven

thousand five hundred dollars .... 11,500 00

623 For the salaries of officers for the boiler inspection

service, a sum not exceeding sixty-six thousand

seven hundred and twenty dollars . 66,720 00

624 For traveling expenses of officers for the boiler in-

spection service, a sum not exceeding fourteen

thousand five hundred dollars .... 14,500 00

625 For services, supplies and equipment necessary for

investigations and inspections by the division, a

sum not exceeding nine hundred dollars . . 900 00

Board of Boiler Rules:

626 For personal services of members of the board, a sum

not exceeding one thousand dollars . . 1,000 00

627 For services other than personal and the necessary

traveling expenses of the board, office supplies and
equipment, a sum not exceeding five hundred dol-
lars 500 00

Total $1,339,380 00

282 Acts, 1935. — Chap. 249.

Item

Fire Prevention Service:

628 For the salary of the state fire marshal, a sum not

exceeding four thousand dollars . $4,000 00

629 For personal services of fire inspectors, a sum not

exceeding forty-two thousand dollars . . 42,000 00

630 For traveling expenses of fire inspectors, a sum not

exceeding twelve thousand five hundred dollars . 12,500 00

631 For other services, office rent and necessary office

supplies and equipment, a sum not exceeding
thirty-eight hundred dollars .... 3,800 00

632 For personal services and expenses for the inspection

of transportation of inflammable fluids, a sum not

exceeding forty-eight hundred dollars . . 4,800 00

Total $67,100 00

State Boxing Commission:

633 For compensation and clerical assistance for the

state boxing commission, a sum not exceeding ten

thousand five hundred dollars .... $10,500 00

634 For other expenses of the commission, a sum not

exceeding seven thousand dollars . . 7,000 00

Total $17,500 00

Service of the Department of Public Works.

The appropriations made in the following four
items are to be paid three quarters from the
Highway Fund and one quarter from the Port
of Boston receipts:

635 For the salaries of the commissioner and the associ-

ate commissioners, a sum not exceeding nineteen

thousand five hundred dollars .... $19,500 00

636 For personal services of clerks and assistants to the

commissioner, a sum not exceeding eighty-four

hundred dollars 8,400 00

637 For traveling expenses of the commissioners, a sum

not exceeding two thousand dollars . . . 2,000 00

638 For telephone service in the public works building, a

sum not exceeding twenty-three thousand dollars 23,000 00

Total $52,900 00

Functions of the department relating to highways
(the following appropriations, except as other-
wise provided, are made from the Highwaj*
Fund) :

639 For the maintenance and operation of the public

works building, a sum not exceeding one hundred

seven thousand nine hundred dollars . . $107,900 00

640 For the salaries of watchmen for the public works

building, a sum not exceeding fourteen thousand
two hundred and eighty dollars . . 14,280 00

The department of public works is hereby authorized
to rebate the rent of certain space in the public
works building occupied by the Copeland News
Service.
The department of public works is hereby author-
ized to rebate the rent of certain space in the pub-
lic works building occupied by the federal auditors
on Public Works Administration projects.
642 For personal services of the chief engineer, engineers
and office assistants, including certain clerks and
stenographers, a sum not exceeding ninety-two
thousand dollars 92,000 00

Acts, 1935. — Ch.^. 249. 283

Item

643 For services other than peisonal, including printing

pamphlet of laws and the HTiTinal report, and neces-
sary ofice sujqdies and equipment, a sum not ex-
ceeding eleven thousand five hundred dollars $11,500 00

644 For the suppression of gypsy and brown tail

moths on state highways, a sum not esceediug

thirteen thoqaand five hundred dollars 13,500 00

645 For the construction and repair of town and county

wava, a sum not exceeding two million three hun-
dred and fifty thousand dollars .... 2,3.50,000 00

646 For aiding towns in the repair and imprOTement <rf

public ways, a sum not exceeding one million

four himdred fifty thousand doDais . . 1,450,000 00

647 For the maintenance and repair <rf state highways,

including care of snow on highways, expenses of
traffic signs and lights; for payment of damages
caused by detects in state highwajrs, with the
approval of the attorney general; for care and
repair of road-building machinery; and for the
maintenance of a nursery for roadside planting,
a sum not exceeding three milUon one hundred
forty-five thousand dollars .... 3,145,000 00
647a For the purpose of enabling the department of pub-
lic works to secure federal aid for the construction
of highways, a sum not exceeding five hundred
thousand dollars ...... 500,000 00

648 For administering the law relative to advertising

signs near highways, a sum not exceeding fifteen
thousand dollars, to be paid from the General
Fund 15,000 00

649 For expenses of a topographical s\irvey and map of

the commonwealth, in addition to funds received
from federal appropriations or private subscrip-
tions, a sum not exceeding fifty thousand doDais . 50,000 00

Registration of Motor Vehicles:

650 For personal services, a sum not exceeding nine

hundred fifty-two thousand dollars, of which sum
ten thousand dollars may be charged to the Gen-
eral Fund, and the remainder shall be paid from
the ffighway Fund 952,000 00

651 For services other than personal, including traveling

expenses, purchase of necesary supplies and
materials, including cartage and storage of the
same, and for work incidental to the registration
and licensing of owners and operators of motor
vehicles, a sum not exceeding four hundred eighty-
three thousand dollars, to be paid from the High-
way Fund 4S3,000 00

652 For printing and other expenses necessary in con-

nection with publicity for certain safety woit, a
sum not exceeding one thousand dollars, "to be paid
from the Highway Fimd ..... 1,000 00

653 For the reconstruction of Ocean avenue in the city

of Revere, as authorized by chapter three hundred
and seventy-five of the acts of nineteen hundred
and thirty-four, a sum not exceeding eighty thou-
sand dollars, the same to be in addition to any
amounts heretofore appropriated 80,000 00

Total $9,265,180 00

284 Acts, 1935. — Chap. 249.

Item

Functions of the department relating to water-
ways and public lands:

654 For personal services of the chief engineer and assist-

ants, a sum not exceeding fifty-five thousand dol-
lars $55,000 00

655 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 sixteen hundred
dollars 1,600 00

656 For the care and maintenance of the province lands

and of the lands acquired and structures erected
by the Provincetown tercentenary commission,
a sum not exceeding five thousand dollars . . 5,000 00

657 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

658 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
one hundred thousand dollars, and any unex-
pended balance of the appropriation remaining
at the end of the current fiscal year may be ex-
pended in the succeeding fiscal year for the same
purposes; provided, that all expenditures made
for the protection of shores shall be upon condition
that at least fifty per cent of the cost is covered
by contributions from municipalities or other or-
ganizations 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 100,000 00

659 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 thousand
dollars 1,000 00

660 For expenses of surveying certain town boundaries,

by the department of public works, a sum not ex-
ceeding five hundred dollars .... 500 00

661 For the operation and maintenance of the New Bed-

ford state pier, a sum not exceeding twelve thou-
sand dollars 12,000 00

662 For the compensation of dumping inspectors, a sum

not exceeding five hundred dollars . . . 500 00

663 For continuing the work in gauging the flow of

water in the streams of the commonwealth, a sum

not exceeding five thousand dollars . . . 5,000 00

664 For the maintenance and repair of certain property

in the town of Plymouth, a sum not exceeding

three thousand dollars ..... 3,000 00

665 For the operation and maintenance of the Cape Cod

Canal pier, a sum not exceeding thirty-five hun-
dred dollars 3,500 00

666 For expenses of perambulating state boundary lines,

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

Acts, 1935. — Chap. 249, 285

Item

The unexpended balance of the appropriation made
by item six hundred 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, which was reappropriated by chapter one
hundred and seventy-four of the acts of nineteen
hundred and thirty-three, is hereby again reap-
propriated.

666a For the reconstruction of a certain pier at Plym-
outh, a sum not exceeding forty-five thousand
dollars $45,000 00

Total $255,600 00

Functions of the department relating to Port of
Boston (the following items are to be paid from
the Port of Boston receipts) :

667 For the construction of railroads and piers and for

the development of certain land, a sum not ex-
ceeding ten thousand dollars .... $10,000 00

668 For the supervision and operation of common-

wealth pier five, including the salaries or other
compensation of employees, and for the repair
and replacement of equipment and other prop-
erty, a sum not exceeding one hundred eight
thousand dollars 108,000 00

669 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
eighty thousand dollars 80,000 00

670 For dredging channels and filling flats, a sum not

exceeding ninety thousand dollars, the same to be
in addition to any unexpended balance of the ap-
propriation made for the purpose in the previous
year 90,000 00

Total $288,000 00

Servict of the Department of Public Utilities.

671 For personal services of the commissioners, a sum

not exceeding thirty-six thousand dollars . . $36,000 00

672 For personal services of secretaries, employees of the

accounting department, engineering department
and rate and tariff department, a sum not exceed-
ing thirty-two thousand three hundred dollars, of
which sum fifteen thousand two hundred and fifty
dollars shall be assessed upon the gas and electric
companies in accordance with existing provisions
of law 32,300 00

673 For personal services of the inspection department,

a sum not exceeding forty-five thousand two hun-
dred dollars 45,200 00

674 For personal services of clerks, messengers and office

assistants, a sum not exceeding thirteen thousand
three hundred and fifty dollars, of which sum one
half shall be assessed upon the gas and electric
companies in accordance with existing provisions
of law 13,350 00

675 For personal services of the telephone and telegraph

division, a sum not exceeding twelve thousand six

hundred and sixty dollars .... 12,660 00

286 Acts, 1935. — Chap. 249.

Item

676 For stenographic reports of hearings, a sum not ex-

ceeding twenty-five hundred dollars . . $2,500 00

677 For traveling expenses of the commissioners and em-

ployees, a sum not exceeding thirty-three hundred

dollars 3,300 00

678 For services other than personal, printing the annual

report, office supplies and equipment, a sum not

exceeding eleven thousand dollars . . . 11,000 00

679 For stenographic reports of evidence at inquests held

in cases of death by accident on or about railroads,

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

Total $157,310 00

Special :

680 For the administration of chapter one hundred and

fifty-nine B of the General Laws, being the law
relative to the regulation of motor truck traffic,
a sum not exceeding twenty-two thousand five
hundred dollars $22,500 00

The following items are to be assessed upon the gas
and electric companies:

681 For personal services of the division of inspection of

gas and gas meters, a sum not exceeding seventeen

thousand eight hundred and eighty dollars . $17,880 00

682 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 thirty-four hundred dollars . . 3,400 00

683 For other services, printing the annual report, for

rent of offices and for necessary office supplies and
equipment, a sum not exceeding fourteen thou-
sand five hundred dollars .... 14,500 00

684 For the examination and tests of electric meters, a

sum not exceeding two hundred dollars . . 200 00

Total $35,980 00

Special Investigations :

685 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

Smoke Inspection Service:

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 himdred and ten, and acts
in amendment theieof or in addition thereto:

686 For personal services, a sum not exceeding twenty-

six thousand two hundred seventy-five dollars $26,275 00

687 For other services, printing the annual report, rent

of offices, travel, and necessary office supplies and
equipment, a sum not exceeding three thousand
five hundred dollars 3,500 00

Total $29,775 00

Sale of Securities:

688 For personal services in administering the law rela-

tive to the sale of securities, a sum not exceeding

thirty-four thousand five hundred dollars . . $34,500 00

Acts, 1935. — Chap. 249. 287

Item

689 For expenses other than personal in administering
the law relative to the sale of securities, a sum not
exceeding twelve thousand dollars . . . $12,000 00

Total $46,500 00

Miscellaneous.

690 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 eight hundred dollars . $11,800 00

The following items are to be paid from the High-
way Fund, with the approval of the Metropoli-
tan District Commission:

691 For maintenance of boulevards and parkways, a

sum not exceeding five hundred sixty-eight thou-
sand six hundred and seventy-five dollars . . 568,675 00

692 For resurfacing of boulevards and parkways, a sum

not exceeding two hundred seventy-five thousand

doUars 275,000 00

There is hereby reappropriated from the unex-
pended balance of the appropriation for resurfac-
ing of boulevards and parkways for the fiscal year
nineteen hundred and thirty-three the sum of
twenty-six hundred eighty-two dollars and eighty-
seven cents.

693 For maintenance of Wellington bridge, a sum not

exceeding forty-seven hundred and eighty dollars 4,780 00

Total $860,255 00

Unclassified Accounts and Claims.

694 For the compensation of veterans of the civil war

formerly in the service of the commonwealth, now
retired, a sum not exceeding forty-four hundred
dollars 4,400 00

695 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 ex-
ceeding thirty-eight thousand dollars . . $38,000 00

696 For the compensation of certain prison officers and

instructors formerly in the service of the com-
monwealth, now retired, a sum not exceeding
fifty-seven thousand dollars .... 57,000 00

697 For the compensation of state police officers for-

merly in the service of the commonwealth, and
now retired, a sum not exceeding five thousand
dollars 5,000 00

698 For the compensation of certain women formerly

employed in cleaning the state house, and now re-
tired, a sum not exceeding nine hundred dollars . 900 00

Total $105,300 00

For certain other aid :

699 For the compensation of certain public employees

for injuries sustained in the course of their em-
ployment, as provided by section sixty-nine of
chapter one hundred and fifty-two of the General
Laws, as most recently amended by section seven
of chapter three hundred and eighteen of the acts

288 Acts, 1935. — Chap. 249.

Item

of nineteen hundred and thirty-three, a sum not
exceeding fifty-five thousand dollars, of which sum
not more than twenty thousand dollars may be
charged to the Highway Fund .... $55,000 00

700 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 $59,596 00

701 For reimbursing officials for premiums paid for pro-

curing sureties on their bonds, as provided by
existing laws, a sum not exceeding two hundred
and fifty dollars $250 00

702 For payment of any claims, as authorized by section

eighty-nine of chapter thirty-two of the General
Laws, as most recently amended by chapter three
hundred and forty-three of the acts of nineteen
hundred and thirty-four, 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, a sum not exceed-
ing thirty-two hundred dollars .... 3,200 00

703 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

704 For reimbursement of persons for funds previously

deposited in the treasury of the commonwealth
and escheated to the commonwealth, a sum not
exceeding one thousand dollars . . . . 1,000 00

Total $4,950 00

Deficiencies.

For deficiencies in certain appropriations of pre-
vious years, in certain items, as follows:

Judicial Department.
Superior Court:
For traveling allowance and expenses, the sum of

two hundred eleven dollars and twenty-nine cents $211 29

Judicial Council:
For expenses of the judicial council, as authorized by
section thirty-four C of chapter two hundred and
twenty-one of the General Laws, as appearing in
the Tercentenary Edition thereof, the sum of three
hundred forty-nine dollars and thirteen cents . 349 13

For clerical assistance to Registers of the several
counties, as follows :
Dukes County, the sum of seventy-one dollars and

ninety-four cents ...... 71 94

Service of the State Quartermaster.

For the maintenance of armories of the first class,
including the purchase of certain furniture, the
sum of forty-six dollars and sixteen cents . . 46 16

Service of the State Surgeon.

For the examination of recruits, the sum of one hun-
dred forty-nine dollars and ninety-six cents . 149 96

Item

Acts, 1935. — Chap. 249. 289

Service of the Art Commission.

For expenses of the commission, the sum of one hun-
dred eleven dollars . . . . . . $111 00

Service of the Secretary of the Commonwealth.
For printing laws, etc. :
For printing and distribution of the pamphlet edition
of the acts and resolves of the year nineteen hun-
dred and thirty-four, the sum of sixteen hundred
eighty-six dollars and sixty cents . . . 1,686 60

Service of the Treasurer and Receiver-General.
State Board of Retirement:
For requirements of annuity funds and pensions for
employees retired from the state service under
authority of law, the sum of twelve hundred forty-
nine dollars and fifty-three cents . . . 1,249 53

Service of the Department of Conservation.
Boimty on seals:
For bounties on seals, the sum of sixty-seven dollars
and fifty cents ...... 67 50

Service of the Department of Education.

For assisting small towns in providing themselves
with school superintendents, as provided by law,
the sum of six hundred ninety-three dollars and
ninety-two cents ...... 693 92

For the maintenance of the state teachers' college at
Fitehburg, the sum of seventeen hundred sevent\'-
five dollars and eighty-one cents . . . 1,775 81

For maintenance and current expenses of the Massa-
chusetts state college, with the approval of the
trustees, the surn of eleven hundred fifty-one dol-
lars and seventy-eight cents . . . . 1,151 78

Service of the Department of Civil Service and Registration.
Board of Dental Examiners:
For traveling expenses, the sum of eighty-six dollars
and seventy-six cents ..... 86 76

Board of Registration in Pharmacy:
For traveling expenses, the sum of fifty-six dollars 56 00

Board of Registration in Optometry:
For traveling expenses, the sum of sixtj'-seven dol-
lars and ninety-four cents .... 67 94

Service of the Department of Correction.
For services other than personal, including printing
the annual report, necessary office supplies and
equipment, the sum of forty-eight dollars and
eighty-eight cents ...... 48 88

Service of the Department of Public Health.
For the maintenance of the Rutland state sana-
torium, the sum of four hundred sixty-seven dol-
lars 467 00

Service of the Department of Public Works.
Functions of the department relating to highways:
For the suppression of gj'psy and brown tail moths
on state highways, the sum of ninety-one dollars
and forty-three cents, to be paid from the High-
way Fund 91 43

290 Acts, 1935. — Chap. 249.

Item

For the maintenance and repair of state highways,
including care of snow on highways, expenses of
traffic signs and lights; for payment of damages
caused by defects in state highways, with the ap-
proval of the attorney general; for care and re-
pair of road-building machinery; and for the
maintenance of a nursery for roadside planting,
the sum of twenty dollars and seventy -eight cents,
to be paid from the Highway Fund ... $20 78

Functions of the department relating to water-
ways and public lands:

For the operation and maintenance of the New Bed-
ford state pier, the sum of sixty-four dollars and
twenty-four cents ...... 64 24

For the operation and maintenance of the Cape Cod
Canal pier, the sum of one hundred three dollars
and twenty-eight cents ..... 103 28

Functions of the department relating to Port of
Boston:
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, the sum of seventy-
two cents, to be paid from the Port of Boston
receipts ........ 72

Unclassified Accounis and Claims.
For reimbursing officials for premiums paid for pro-
curing sureties on their bonds, as provided by
existing laws, the sum of seventy-two dollars . 72 00

Total . i $8,643 65

Metropolitan District Commission.
The following items are to be assessed upon the
several districts in accordance with the meth-
ods fixed by law, unless otherwise provided, and
to be expended under the direction and with the
approval of the metropolitan district com-
mission:

706 For maintenance of the Charles River basin, a sum

not exceeding two hundred forty-two thousand

and fifty dollars $242,050 00

707 For maintenance of park reservations, a sum not ex-

ceeding one million forty-four thousand seven
hundred and ninety dollars, including retirement
of soldiers under the provisions of the General Laws 1,044,790 00

708 For the expense of holding band concerts, a sum not

exceeding twenty thousand dollars . . . 20,000 00

709 For services and expenses of the division of metro-

politan planning, as authorized by chapter three
hundred and ninety-nine of the acts of nineteen
hundred and twenty-three, a sum not exceeding
eighteen thousand six hundred dollars . . 18,600 00

710 For maintenance of the Nantasket Beach reserva-

tion, a sum not exceeding ninety-three thousand

four hundred dollars 93,400 00

711 For maintenance of Wellington bridge, a sum not

exceeding fourteen thousand three hundred and
forty dollars, including retirement of soldiers
under the provisions of the General Laws, the
same to be in addition to the amount appropriated
in item six hundred and ninety-three . . 14,340 GO

Acts, 1935. — Chap. 249. 291

Item

712 For the maintenance and operation of a system of

sewage disposal for the north metropolitan sewer-
age district, a sum not exceeding three hundred
seventy thousand four hundred and fifty-five dol-
lars, including retirement of soldiers under the
provisions of the General Laws . . . $370,455 00

713 For the maintenance and operation of a system of

sewage disposal for the south metropolitan sewer-
age district, a sum not exceeding two hundred
seventy-seven thousand and fifty-seven dollars,
including retirement of soldiers under the pro-
visions of the General Laws .... 277,057 00

714 For the maintenance and operation of the metro-

politan water system, a sum not exceeding nine
hundred forty-five thousand eight hundred
thirty-one dollars and twenty-one cents, including
a deficiency amounting to twenty-six thousand
two hundred fifty-six dollars and twenty-one
cents, and including retirement of soldiers under
the provisions of the General Laws . . . 945,831 21

715 For the cost of water supply improvements for Bel-

mont, Watertown and Arlington, as authorized
by chapter three hundred and thirty-three of the
acts of nineteen hundred and thirty-four, a sum
not exceeding one hundred fifty thousand dollars,
the same to be assessed as a part of the cost of the
metropolitan water maintenance and to be in ad-
dition to any amount heretofore appropriated for
the purpose 150,000 00

716 For the construction of additions and improve-

ments to certain supply and distribution mains,
as a part of the cost of maintenance of the metro-
politan water system, a sum not exceeding three
hundred thousand dollars, the same to be in addi-
tion to any unexpended balance of an appropria-
tion made for the purpose in the previous year . 300,000 00

Total ....... $3,476,523 21

Section 3. To provide for increases in the salaries and Salary
compensation of certain state officers and employees to be p'J.o'^sion for.
granted under the provisions of sections forty-five to fifty,
inclusive, of chapter thirty of the General Laws, as appear-
ing in the Tercentenary Edition thereof, there is hereby
appropriated a sum not exceeding four hundred thousand
dollars, of which sum not more than sixty thousand dollars
shall be taken from the Highway Fund, not more than
thirty thousand dollars from funds of the metropolitan
district commission, and the balance from the General
Fund, the same to be in addition to any appropriations
otherwise made for such salaries and compensation. For
the purpose of apportioning the appropriation made by this
section, each sum expressed by section two of this act to be
available in whole or in part for personal services shall be
increased by such amount as will make available for salaries
and compensation provided for thereby so much as Is
required to provide for the aforesaid increases in such sal-
aries and compensation. The state comptroller, in setting
up such items for personal services on the appropriation
ledger in his bureau, shall take as the amounts appropriated

292

Acts, 1935. — Chap. 250.

Expenditurps
in excess of
appropriations,
regulated.

Appropriations
for mainte-
nance of certain
institutions.

Expenditures
for public
buildings
regulated.

Allowance for
board, etc.,
regulated.

Copies of act
to be sent to
department
heads.

therefor by section one and this section the sums so ex-
pressed as increased as aforesaid, 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 carrying out the provisions of this act.

General and Highway Funds
Metropolitan District Commission

$59,541,337 90
3,506,523 21

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-six, 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 public buildings or other
improvements at state institutions until plans and specifica-
tions have been approved by the governor, unless otherwise
provided by such rules and regulations as the governor
may make.

Section 7. No expenses incurred for mid-day meals by
state employees, 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.

Se.ction 8. The budget commissioner is hereby directed
to send a copy of sections four, six and seven of this act
to each departmental, divisional and institutional head
immediately following the passage of this act.

Section 9. This act shall take effect upon its passage.

Approved May 8, 1935.

Chap. 250 An Act relative to the amount or expenditure for the

WORK OF the cape COD MOSQUITO CONTROL PROJECT.

Be it enacted, etc., as follows:

Section 1. Section one of chapter three hundred and
seventy-nine of the acts of nineteen hundred and thirty, as
amended by section one of chapter three hundred and
fifteen of the acts of nineteen hundred and thirty-one, is
hereby further amended by striking out, in the eleventh

Acts, 1935. — Chap. 251. 293

line, the words "year nineteen hundred and thirty-one" and
inserting in place thereof the words: — fiscal year commenc-
ing on December first, nineteen hundred and thirty-five, —
and by striking out, in the fourteenth line, the word
"twenty-five" and inserting in place thereof the word: —
thirty-five, — so as to read as follows : — Section 1 . The
area included in the towns comprising the county of Barn-
stable is hereby constituted a mosquito control project
under section five A of chapter two hundred and fifty-two
of the General Laws, inserted therein by section three of
chapter two hundred and eighty-eight of the acts of nine-
teen hundred and twenty-nine, to the same extent as if so
constituted by the state reclamation board acting under
said section five A, and the improvements herein authorized
shall be undertaken under the identifying name of the Cape
Cod Mosquito Control Project. Beginning with the fiscal
year commencing on December first, nineteen hundred and
thirty-five, to meet the expenses incurred under this act,
there shall annually be expended from the state treasury,
subject to appropriation, sums equal, in the aggregate, to
thirty-five cents on each one thousand dollars of the taxable
valuations of all such towns, and the sums so expended
shall be assessed by the state treasurer on said towns in
proportion to their said valuations as additions to their
respective quotas of the state tax next to be assessed; pro-
vided, that any such town may in any year anticipate in
whole or in part its assessment, and appropriate, raise and
deposit the amount thereof with the state treasurer, and
any sum so deposited shall be credited against such assess-
ment. There may also be expended for the purposes of
this act voluntary contributions for such purposes deposited
in the state treasury.

Section 2. This act shall take effect on December first
of the current year. Approved May 8, 1935.

An Act providing that the watchmen appointed by Chap. 251

THE STATE SUPERINTENDENT OF BUILDINGS FOR SERVICE
at THE STATE HOUSE OR ON THE GROUNDS THEREOF SHALL
HEREAFTER BE KNOWN AS CAPITOL POLICE.

Be it enacted, etc., as follow s:

Section four of chapter eight of the General Laws, g l. (Ter
as appearing in the Tercentenary Edition, is hereby amended. '
amended by inserting after the word "duties" in the
fourth line the following : — Watchmen appointed here-
under for service at the state house or on the grounds thereof
shall be designated as capitol police and shall, when on duty,
wear and display a metallic badge bearing the seal of the
commonwealth and the words "Capitol Police", — so as to
read as follows: — Section 4- He may appoint such clerks, Appointment of
engineers, electricians, firemen, oilers, mechanics, watch- eupeHntonde^t
men, elevator operators, porters, cleaners and other persons °^ buiidmgs.
as may be necessary to enable him to perform his duties.

294

Acts, 1935. — Chap. 252.

Capitol poUce. Watchmen appointed hereunder for service at the state
house or on the grounds thereof shall be designated as capi-
tol police and shall, when on duty, wear and display a
metallic badge bearing the seal of the commonwealth and
the words "Capitol Police". He shall be responsible for
the fitness and good conduct of all such employees and may
remove them at his discretion. Appointments under this
section shall not be subject to chapter thirty-one.

Approved May 8, 1935.

Chap. 252 An Act limiting the charges and fees for the collec-
tion OF POLL TAXES.

G. L. (Ter.
Ed.), 60. § 15,
etc., amended.

Relative to
fees of
collector.

G. L. (Ter.
Ed.), 60, new
section 15A,
added.

Additional
fees for
collection of
delinquent
poll taxes.

Be it enacted, etc., as follows:

Section 1. Section fifteen of chapter sixty of the Gen-
eral Laws, as amended by section two of chapter one hun-
dred and fifty-one of the acts of nineteen hundred and
thirty-four, is hereby further amended by striking out, in
the first line, the word "The" and inserting in place thereof
the following : — Except as provided in section fifteen A,
the, — so that the first paragraph will read as follows : —
Except as provided in section fifteen A, the following charges
and fees, and no other, when accrued, shall severally be
added to the amount of the tax and collected as a part
thereof: —

Section 2. Said chapter sixty is hereby further amended
by inserting after section fifteen, as amended, the follow-
ing new section: — Section ISA. For the collection of a
delinquent poll tax there may be added and collected as a
part of the tax the following charges and fees; and no
others : —

For the written demand provided for by law, thirty-five
cents, which shall be paid into the town treasury;

For the notice to the delinquent that warrant has been
issued, one dollar, which shall be retained by the ofiicer
having the warrant for service;

For arrest and custody of the body, two dollars, which
shall be retained by the officer having the warrant for
service.

Any officer having a warrant who attempts to collect or
collects more than the above charges and fees in the col-
lection of a delinquent poll tax shall be punished by a fine
not exceeding one hundred dollars or by imprisonment not
exceeding one month. Approved May 8, 1935.

Acts, 1935. — Chap. 253.

295

An Act relative to the serving and drinking of alco- Cha'p.253

HOLIC beverages SOLD TO BE CONSUMED ON THE

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

"Tavern",

term

defined.

PREMISES.

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. The definition of "Tavern" in section one
of chapter one hundred and thirty-eight of the General
Laws, as appearing in section two of chapter three hundred
and seventy-six of the acts of nineteen hundred and thirty-
three and as amended by section one of chapter one hundred
and twenty-one of the acts of nineteen hundred and thirty-
four, is hereby amended by striking out, in the fourth
and fifth lines as printed in said section one of said chapter
one hundred and twenty-one, the words "sitting at tables
or sitting at counters equipped with stools", — so as to
read as follows: — "Tavern", an establishment where
alcoholic beverages may be sold, as authorized by this
chapter, with or without food, to be served to and drunk
by patrons in plain view of other patrons, all entrances to
which shall open directly from a public way. No woman
shall be allowed as patron in a tavern. The business con-
ducted therein shall be open to public view from the side-
walk level and the establishment shall be properly lighted.
No window facing a public way shall be obstructed by any
screen or other object extending more than five feet above
the level of the sidewalk on which the establishment abuts,
but in no event shall any screen or obstruction prevent a
clear view of the interior of said tavern. Said windows
shall contain no advertising matter other than the name of
the proprietor, followed by the word "Tavern" or "Tavern-
Keeper".

Section 2. Section twelve of said chapter one hundred
and thirty-eight, as most recently amended by section
three of chapter three hundred and eighty-five of the acts of
nineteen hundred and thirty-four, is hereby further amended
by striking out, in the seventeenth to twenty-first lines,
inclusive, the words ", and, in the case of a hotel, restau-
rant or tavern licensee, only served to and drunk by patrons
sitting at tables or sitting at counters equipped with stools;
provided, that no alcoholic beverage shall be served to or
drunk by a woman in a tavern; and provided, further", —
and inserting in place thereof the words: — ; provided, — •
so that the first paragraph will read as follows: — A common
victualler duly licensed under chapter one hundred and
forty to conduct a restaurant, an innholder duly hcensed
under said chapter to conduct a hotel and a keeper of a
tavern as defined by this chapter, in any city or town

G. L. (Ter.
Ed.), 138,
§ 12, etc.,
amended.

Granting of
licenses to
common
victuallers.

296

Acts, 1935. — Chap. 253.

G. L. (Ter.
Ed.), 138,
§ 12, etc.,
amended.

Sale of
alcoholic
beverages to
women,
regulated.

G. L. (Ter.
Ed.), 138,
$ 12, etc.,
amended.
Certain re-
strictions on
sale of, in
clubs, re-
moved.

G. L. (Ter.
Ed.), 138,
§ 23, etc.,
amended.

Issuance,
suspension,
revocation,
etc., of
licenses.

wherein the granting of licenses to sell all alcoholic beverages
or only wines and malt beverages, as the case may be, is
authorized by this chapter, subject however, in the case of
a tavern, to the provisions of section eleven A, may be
licensed by the local licensing authorities, subject to the
prior approval of the commission except as provided in
section twenty-three, to sell to travelers, strangers and other
patrons and customers not under twenty-one years of age,
such beverages to be served and drunk, in case of a hotel
or restaurant licensee, only in the dining room or dining
rooms and in such other public rooms or areas of a hotel
as the local licensing authorities may deem reasonable and
proper, and approve in writing; provided, that no tavern
license shall be granted to the holder of a hotel license here-
under. Such sales may also be made by licensed innholders
to registered guests occupying private rooms in their hotels.
During such time as the sale of such alcoholic beverages
is authorized in any city or town under this chapter, the
authority to grant innholders' and common victuallers'
licenses therein under chapter one hundred and forty shall
be vested in the local licensing authorities.

Section 3. Said section twelve, as so amended, is here-
by further amended by inserting after the first paragraph
the following new paragraph : —

No alcohohc beverage shall be served to or drunk by a
woman in a public room or area of a hotel, or in a restau-
rant or club, licensed under this section, except while seated
at a table or seated at a counter equipped with stools, and
no such beverage shall be served to or drunk by a woman
in a tavern; and no such beverage shall on Sundays be
served to or drunk by any person standing at a bar or
counter in such a hotel, restaurant or club.

Section 4. Said section twelve, as so amended, is
hereby further amended by striking out, in the forty-sixth
to forty-eighth lines, inclusive, the words "; provided,
that such beverages shall be served to and drunk by mem-
bers or guests only sitting at tables or sitting at counters
equipped with stools".

Section 5. Section twenty-three of said chapter one
hundred and thirty-eight, as most recently amended by
section sixteen of said chapter three hundred and eighty-
five, is hereby further amended by striking out, in the
fifteenth to nineteenth lines, inclusive, of the fifth paragraph
the words "and served therein over, and drunk by custom-
ers standing at, a bar or counter, instead of being drunk
sitting at tables or sitting at counters equipped with stools
in dining or other rooms or quarters as contemplated by or
authorized under the provisions" and inserting in place
thereof the words : — , served or drunk therein in viola-
tion of any provision, — so that said fifth paragraph will
read as follows: — Whenever, in the opinion of the local
licensing authorities, any applicant for a license under
section twelve, fourteen or fifteen fails to establish to "their

Acts, 1935. — Chaps. 254, 255. 297

satisfaction his compliance with the requirements of this
chapter, or any other reasonable requirements which they
may from time to time make with respect to licenses under
said sections respectively, or to the conduct of business by
any licensee thereunder, said authorities may refuse to
issue or reissue to such applicant any such license; and
whenever in their opinion any holder of such a license fails
to maintain such compliance or whenever it shall appear to
them that the nature of the business, or of the equipment
of and service of any hotel, restaurant, club or tavern no
longer satisfies the definition thereof contained in this
chapter, or that alcoholic beverages are being or have been
sold, served or drunk therein in violation of any provision of
this chapter, they may, after hearing or opportunity there-
for modify, suspend, revoke or cancel such license.

Approved May 10, 1935.

An Act providing for the better security of human QJiqj) 254
life at the grade crossing of the boston and maine
railroad on marblehead street in the town of
north andover.

Be it enacted, etc., as follows:

The department of public utilities is hereby directed to
order in writing that the Boston and Maine Railroad erect
gates at the grade crossing of said railroad on Marblehead
street in the town of North Andover, to be opened and
closed by an agent of said railroad stationed thereat, upon
the approach of an engine or train.

Approved May 10, 1985,

An Act reviving and continuing authority for the
town of mansfield to construct and maintain a
system of sewerage and sewage disposal.

Be it enacted, etc., as follows:

Section 1. Section thirteen of chapter three hundred
and forty-eight of the acts of nineteen hundred and twenty-
nine is hereby amended by striking out, in the fifth line,
the word "five" and inserting in place thereof the word: —
ten, — so as to read as follows: — Section 13. For the
purpose only of submission to the voters of said town, this
act shall take effect upon its passage, and it shall take full
effect upon its acceptance by vote of the majority of the
voters of said town voting thereon at a town meeting called
for the purpose within ten years after its passage. No
expenditure shall be made and no liability incurred here-
under until such acceptance.

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

Approved May IS, 1935.

Chap. 255

298 Acts, 1935. — Chap. 256.

Chap. 256 An Act authorizing the town of braintree, for the

PURPOSE OF INCREASING ITS WATER SUPPLY, TO TAKE,
HOLD AND USE CERTAIN WATERS AND LANDS WITHIN SAID
TOWN.

Be it enacted, etc., as follows:

Section 1. For the purpose of increasing its water
supply, the town of Braintree, hereinafter called the town,
is hereby authorized to take by eminent domain, under
and in accordance with chapter seventy-nine of the General
Laws, except as hereinafter provided, or to acquire, by
purchase or otherwise, and hold, at any time or from time
to time, the waters of the brook, which flows from a point
near the intersection of Grove street with the town line
between Braintree and Weymouth to the Monatiquot
river, of Monatiquot river above the intersection of said
brook with said river, of Cranberry pond, of Cranberry
brook, so called, of Cochato brook, so called, otherwise
known as Cochato river, of Farm brook, so called, otherwise
known as Farm river, or of tributaries to the same or either
of them, and the waters flowing into or from the same or
either of them, and all water rights connected therewith
located within the town, and the waters of any spring or
of any ground-water sources of supply by means of artesian,
driven or other wells within the town, and the water rights
connected therewith, except the property known as the
Monatiquot spring, so called, in South Braintree, and to
convey the waters so taken to any part of the town. Said
town is also authorized to take by eminent domain under
said chapter seventy-nine, except as hereinafter provided,
or to acquire, by purchase or otherwise, and hold, all lands,
rights of way and easements which may be necessary for col-
lecting, storing and holding such waters and preserving the
purity thereof and for conveying the same to any part of the
town; provided, that no source of water supply or reservoir
or lands shall be taken or acquired under the authority of
this act except with the approval of the state department
of public health and that all works for taking, storing,
conveying or diverting said waters shall be constructed in
general accordance with plans approved by said department.

Section 2. Said town may lay, construct and maintain
on the lands acquired hereunder all pipes, conduits, chan-
nels, ditches, dams, reservoirs or other works or structures,
including filtration and other treatment works, necessary
for the estal^lishment and maintenance of complete and
effective water works and for storing water and conveying,
filtering or otherwise treating or distributing the same;
and, for the purposes aforesaid, may lay, construct and
maintain its conduits, water pipes, aqueducts and other
works or structures under, over or along any land, water
courses, railroads, street railways, public or other ways in
such manner as not unnecessarily to obstruct the same;

Acts, 1935. — Chap. 256. 299

and, for the purposes of constructing, laying, maintaining,
operating and repairing such conduits, pipes and other
works and for all other proper purposes of this act, said
town may dig up or raise and embank any such lands, high-
ways or other ways in such manner as to cause the least
hindrance to public travel thereon.

Said town shall not enter upon, construct or lay any
conduits, pipes or other works within the location of any
railroad corporation except at such time and in such manner
as it may agree upon with such corporation, or, in case of
failure so to agree, as may be approved by the department
of public utihties.

Section 3. The taking of land or other property under
this act may be permanent or temporary and shall be in
accordance with said chapter seventy-nine, except that

(a) Said town need make no award of damages for in-
juries sustained by persons or corporations on account of
any taking of water or water rights;

(6) The notice required by section eight of said chapter
seventy-nine need not be given in case of the taking of water
or water rights,

(c) Petitions for the assessment of damages under sec-
tion fourteen of said chapter seventy-nine may be filed
within two years after the right to such damages has vested,
without any extension of time by reason of failure to receive
notice under section eight thereof or otherwise;

(d) An owner of land or other property taken shall, upon
request made within six months of the taking, be furnished
within thirty days of such request with a plan or descrip-
tion of the land or other property taken;

(e) No taking shall be made by the town under this act
except as shall be voted from time to time by the board of
water commissioners of said town.

Section 4. The town may enter upon any lands for
the purpose of making surveys, stream gaugings, test pits
and borings, and may take or otherwise acquire the right
to occupy temporarily any lands necessary for the construc-
tion of any works or for any other purpose authorized by
this act.

Section 5. Any person or corporation sustaining dam-
age in his or its property by the taking of land, water, water
rights, easements or other property, or by the entry upon
or the use of any property, or by the making of any change
of grade, layout, construction, alteration, discontinuance
of a way, or by anything done by the town under authority
of this act shall be entitled to recover the same from said
town under said chapter seventy-nine; provided, that the
right to any damages for the taking of any water, water
right, or any injury thereto, shall not vest until water is
actually withdrawn or diverted under such taking. Dama-
ges for the temporary use or injury to property may, on
the request of the petitioner, be assessed by monthly pay-
ments, to be continued so long as the property is used or
injured.

300 Acts, 1935. — Chap. 256.

Section 6. If the town shall under authority of this
act construct any reservoir in such manner as to flow any
existing public way, it shall raise the way to such grade as
will make it reasonably safe and convenient for travel or
shall build in place of any part of said way so flowed another
suitable way, with all necessary fences and culverts, which
way shall thereafter be a public way, and shall be main-
tained and kept in repair by the town in which the same is
located.

Section 7. Said town, with the advice and approval of
the state department of public health, may sell at public or
private sale or may exchange any real property, or any
easements, whether taken by eminent domain or otherwise,
no longer needed for works under its charge or may from
time to time lease any property not then so needed; and
may in its discretion, by lease, license or other agreement,
permit the construction and maintenance on any land
under its control of towers, poles, wires and other struc-
tures for the purpose of transmitting electric power over
lands and water of said town held for water supply purposes
under this act; provided, that, in the opinion of the said
department, such lease, license or agreement will not affect
or interfere with the water supply; and provided, further,
that said town may revoke said lease, license or agreement
for cause to be determined by it, with the approval of said
department.

Section 8. In contracts entered into by the town for
the construction of the works herein authorized there may
be inserted a provision that the town or any contractor or
sub-contractor for the town may employ laborers, work-
men and mechanics for more than eight hours in any one
day or for more than forty-eight hours in any one week in
such construction when, in the opinion of the commissioner
of labor and industries, extraordinary emergency so requires.
Section 9. The town may in its discretion appoint and
remove such engineering, legal, clerical and other assistants
as it may deem necessary to carry on the work authorized
by this act, and may fix their compensation. Such ap-
pointments and removals shall be wholly exempt from the
operation of the provisions of chapter thirty-one of the
General Laws and the rules and regulations adopted there-
under.

Section 10. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water taken or held under this act,
or injures any structure, work or other property owned,
held or used by the town under authority of this act, shall
forfeit and pay to said town three times the amount of the
damages assessed therefor, to be recovered in an action of
tort; and upon being convicted of any of the above wilful
or wanton acts shall be punished by a fine of not more than
three hundred dollars or by imprisonment for not more
than one year.

Section 11. Except as otherwise provided, all or any

Acts, 1935. — Chap. 257.

301

part of the authority granted to the town by the preceding
sections of this act shall be vested in and be exercised by
the board of water commissioners of said town elected and
constituted under chapter two hundred and seventeen of
the acts of eighteen hundred and eighty-five, as amended.

Section 12. The supreme judicial court or any justice
thereof, and the superior court or any justice thereof,
during a sitting of the court or in vacation, on the petition
of the state department of public health or of any city,
town, corporation or person interested, shall have jurisdic-
tion in equity or otherwise to enforce the provisions of this
act and of any rule, regulation or order made under author-
ity of this act and to prevent any violation of any of said
provisions.

Section 13. This act shall take effect upon its passage.

Approved May 13, 1936.

An Act relative to associate county commissioners. (Jhav 257
Be it enacted, etc., as follows:

Section 1. Section four of chapter thirty-four of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by striking out, in the fifth and sixth
lines, the words "and two associate commissioners", — so
as to read as follows : — Section 4- Except in Nantucket
and Suffolk counties, there shall be elected in each county,
as provided in section one hundred and fifty-eight of chap-
ter fifty-four, for terms of four years beginning the first
Wednesday of January following their election and until
their successors are qualified, three county commissioners,
who shall be sworn before entering upon their duties, and
shall annually, at their first meeting after the first Wed-
nesday of January, choose by ballot a chairman. In Nan-
tucket county the selectmen of Nantucket, in Suffolk
county the mayor and city council of Boston and the
municipal council of Chelsea, in their respective cities, and
in Revere and Winthrop the commissioners for Middlesex
county, shall, except as otherwise provided, have the powers
and perform the duties of county commissioners.

Section 2. Section seven of said chapter thirty-four,
as so appearing, is hereby amended by striking out, in the
first line, the words "An associate commissioner" and insert-
ing in place thereof the words: — A person acting as com-
missioner by appointment under section twelve, — so as
to read as follows: — Section 7. A person acting as com-
missioner by appointment under section twelve shall be
paid by the county not less than five dollars for each day
of actual service, not exceeding five hundred dollars in any
year, and ten cents a mile for travel each way. The com-
missioners of Middlesex county, when acting in relation to
Revere or Winthrop, shall be paid therefor by said city and
town, or either of them, in such proportions as the commis-

G. L. (Ter.
Ed.). 34, §4.
amended.

County com-
missioners,
election of.

G. L. (Ter.
Ed.), 34, §7,
amended.

Compensation
of associate
commissioners.

302

Acts, 1935. — Chap. 257.

G. L. (Ter.
Ed.j, 34. § 12.
amended.

Proceedings
if commis-
eioners
absent, etc.

G. L. (Ter.
Ed.). 34. § 19.
amended.

Proceedings at
other times
than at
regular
meetings.

G. L. (Ter.
Ed.). 54. § 62.
amended.

Biennial
state election,
date, officers
to be chosen
at.

G. L. (Ter.
Ed.).'54. i 112.
amended.

sioners may direct, at the rate of ten dollars a day and five
cents a mile for travel for each commissioner in attendance.

Section 3. Said chapter thirty-four is hereby further
amended by striking out section twelve, as so appearing,
and inserting in place thereof the following: — Section 12.
In case of inability to attend, or interest in a question before
the commissioners, or if any part of a highway relative to
which they are to act lies within the town where a com-
missioner resides, the commissioners qualified to act and
the clerk of the courts for the county shall appoint one or
more persons, not residing in the same town as any com-
missioner, nor in the same town with each other, if more
than one, to act as commissioners in place of those absent
or disqualified, until such absence or disqualification ceases.
The commissioners may, however, receive a petition, issue
an order of notice thereon, take a recognizance, approve
bills or payrolls, or perform ministerial acts, whenever two
members are competent to act. If they cannot otherwise
organize, residence shall not disqualify.

Section 4. Section nineteen of said chapter thirty-
four, as so appearing, is hereby amended by striking out,
in the first and second lines, the words ", except associate
commissioners,", — so as to read as follows: — Section 19,
The commissioners severally may, at other times than at
regular meetings, receive petitions relative to railroads
or to matters where the county has no interest and may take
recognizances thereon, and, upon such petitions and similar
petitions entered at a regular meeting the commissioners or
the chairman may, at other times than at regular meet-
ings, appoint hearings and direct notices to be given to
persons interested. They shall severally make return of
such petitions and recognizances, with their proceedings, at
any regular or special meeting held therefor; and the clerk
shall record the same. The costs of any such special meet-
ing shall be paid by such parties as the commissioners
determine.

Section 5. Section sixty-two of chapter fifty-four
of the General Laws, as so appearing, is hereby amended
by striking out, in the tenth line, the words "associate
commissioners,", — so as to read as follows: — Section 62.
The biennial state election for the choice of governor,
lieutenant governor, councillors, state secretary, state
treasurer, attorney general, state auditor and senators and
representatives in the general court, shall be held on the
Tuesday next after the first Monday in November in every
even numbered year. There shall also be chosen at the
biennial state election, when required by law, presidential
electors, and senators in congress, and, in their respective
districts or counties, representatives in congress, district
attorneys, clerks of the courts, registers of probate and
insolvency, registers of deeds, county commissioners,
sheriffs and county treasurers.

Section 6. Section one hundred and twelve of' said

Acts, 1935. — Chap. 257.

303

chapter fifty-four, as so appearing, is hereby amended by
striking out, in the sixteenth line, the words "or associate
commissioners", — and by striking out, in the twenty-first
and twenty-second fines, the words "and associate com-
missioners",— so as to read as follows: — Section 112.
The clerk of each city and town, within ten days, and in
Boston the election commissioners, within fifteen days,
after the day of any election therein for a senator in con-
gress, representative in congress, governor, lieutenant
governor, councillor, state secretary, state treasurer, state
auditor, attorney general, clerk of courts, register of pro-
bate and insolvency, sheriff, district attorney, or senator, or
for presidential electors, shall transmit to the state secre-
tary copies of the records of votes for such officers, together
with the records of votes cast on any constitutional amend-
ment, law or proposed law, and on any question submitted
to them by statute in any senatorial or representative
district or in two or more cities or towns. Said record shall
be certified by the aldermen, selectmen or election com-
missioners, and attested and sealed by the clerk or by said
commissioners. The city or town clerk shall, within ten
days after an election for county treasurer or register of
deeds, transmit to the county commissioners, and within
ten days after an election for county commissioners, trans-
mit to the clerk of the courts the records of votes for such
officers, certified, attested and sealed as aforesaid; except
that in Chelsea, Revere and Winthrop the records of votes
for register of deeds shall be transmitted to the election
commissioners of Boston, and that in Revere and Winthrop
the records of votes for county commissioners shall be trans-
mitted to the clerk of the courts for Middlesex county.
Such copies shall be transmitted in envelopes, upon which
shall be stated the offices for, questions on which and dis-
tricts in which the votes were cast.

Section 7. Section one hundred and twenty-two of
said chapter fifty-four, as so appearing, is hereby amended
by striking out, in the tenth line, the words "or associate
commissioners", — so as to read as follows: — Section 122.
In each county, except Suffolk and Nantucket, the judge
and register of the probate court and the clerk of the courts
shall be a board of examiners; and if two of said offices
are held by the same person in any county, the sheriff
shall be a member of the board. The members of said
board shall each be paid at the rate of three dollars a day
for every day employed in the performance of their duties
and ten cents a mile for travel to and from the place of
their meeting; and their accounts shall be audited and
settled by the county treasurer. Said board shall meet
on the first Wednesday of the month following an election
for county commissioners and shall examine such copies,
determine what persons appear to be elected, issue certifi-
cates of election to them and give notice to the state secre-
tary of the name, residence and number of votes received

Transmission
to state secre-
tary, etc., of
copies of
records of
votes.

G. L. (Ter.
Ed.). 54, § 122,
amended.

Board of
examiners to
examine in
certain
counties.

304

Acts, 1935. — Chap. 257.

G. L. (Ter.
Ed.), 54, § 144,
amended.

Failure to
elect county
commissioner.

G. L. (Ter.
Ed.), 54, § 146,
amended.

State secretary
to be notified
of vacancies,
etc.

G. L. (Ter.
Ed.), 54, § 158,
amended.

County com-
nuBsioners,
election of.

by each candidate in each city and town, with the name and
term of office of every person so elected, and shall, within
three days thereafter deposit said copies in the office of
the clerk of the courts.

Section 8. Said chapter fifty-four is hereby further
amended by striking out section one hundred and forty-
four, as so appearing, and inserting in place thereof the
following: — Section II^I^. Upon failure to choose a county
commissioner, the board of examiners shall forthwith issue
precepts to the aldermen of each city and to the selectmen
of each town in such county, directing them to call an elec-
tion to elect such officer on a day appointed therein. In
Middlesex county, such precept shall also be issued to the
aldermen of Revere and the selectmen of Winthrop.

Upon a vacancy by removal or otherwise in the office of
county commissioner, the board of examiners shall in like
manner issue precepts for an election to fill such vacancy
at the next biennial state election for which precepts can
be seasonably issued, unless the term of office of the com-
missioner whose office is so vacant expires on the first
Wednesday of January following such election.

Also upon such vacancy, the two remaining county com-
missioners and the clerk of the courts for the county, or a
majority of them, may appoint a person, not a resident of
the same town as either of the remaining commissioners,
to fill the office of county commissioner until a person is
elected thereto and qualified.

Section 9. Section one hundred and forty-six of said
chapter fifty-four, as so appearing, is hereby amended by
striking out, in the fifth line, the words "or associate com-
missioner", — so as to read as follows: — Section H6. The
county commissioners in each county shall forthwith notify
the state secretary of any vacancy in the office of county
treasurer or of register of deeds ; and the board of examiners
shall give like notice to the state secretary of any vacancy
in the office of county commissioner, and in each case they
shall send to him a copy of the precepts issued by them for
an election.

Section 10. Section one hundred and fifty-eight of said
chapter fifty-four, as so appearing, is hereby amended by
striking out the second paragraph, — by striking out, in the
eighteenth and nineteenth lines, the words "and associate
commissioners", — and by striking out, in the twenty-
fourth line, the words "or an associate commissioner",
— so as to read as follows: — Section 158. At the bien-
nial state election in nineteen hundred and twenty-four,
and in every fourth year thereafter, there shall be chosen
by the voters of Middlesex county and of Revere and
Winthrop two county commissioners for said county, city
and town, and by the voters of each of the other coun-
ties, except Suffolk and Nantucket, two county commis-
sioners for the county; and at the biennial state election
in nineteen hundred and twenty-two, and in every fourth
year thereafter, there shall be chosen by the voters of

Acts, 1935. — Chap. 257.

305

Middlesex county and of Revere and Winthrop one county
commissioner for said county, city and town, and by the
voters of each of the other counties, except Suffolk and
Nantucket, one county commissioner for the county.

Not more than one of the county commissioners shall
be chosen from the same city or town. If two persons
residing in the same city or town shall appear to have been
chosen to said offices, only the person receiving the larger
number of votes shall be declared elected ; but if they shall
receive an equal number of votes, no person shall be de-
clared elected. If a person residing in a city or town where
a county commissioner who is to remain in office also
resides, shall appear to have been chosen, he shall not be
declared elected. If the person is not declared elected by
reason of the above provisions, the person receiving the
next highest number of votes for the office, and who resides
in another city or town, shall be declared elected.

Section 11. Section one of chapter two hundred and g. l. (Ter.
thirty-four of the General Laws, as so appearing, is hereby amenle^d.' ^ ^'
amended by striking out, in the seventh line, the words
"and associate", — so as to read as follows: — Section 1. ^"^^^^^l^^^
A person qualified to vote for representatives to the general from serving on.
court, whether a registered voter or not, shall be liable to
serve as a juror, except that the following persons shall be
exempt :

The governor; lieutenant governor; members of the
council; state secretary; members and officers of the senate
and house of representatives during a session of the general
court; judges and justices of a court; county commis-
sioners; clerks of courts and assistant clerks and all regu-
larly appointed officers of the courts of the United States
and of the commonwealth; registers of probate and insol-
vency; registers of deeds; sheriffs and their deputies; con-
stables; marshals of the United States and their deputies,
and all other officers of the United States; attorneys at law;
settled ministers of the gospel; officers of colleges; precep-
tors and teachers of incorporated academies; registered
practicing physicians and surgeons; persons over seventy
years of age; persons under twenty-five years of age;
members of the volunteer militia ; superintendents, officers
and assistants employed in or about a state hospital, insane
hospital, jail, house of correction, state industrial school or
state prison; keepers of lighthouses ; conductors and engine
drivers of railroad trains ; teachers in public schools; engine-
men and members of the fire department of Boston, and
of other cities and towns in which such exemption has been
made by vote of the city council or the inhabitants of the
town, respectively.

Section 12. There shall be no elections of associate Effective date.
county commissioners at the biennial state election in the
year nineteen hundred and thirty-eight, and in all other
respects this act shall take effect on the first Wednesday
in January in the year nineteen hundred and thirty-nine.

Approved May 13, 1936.

306

Acts, 1935. — Chaps. 258, 259.

Chap. 258 An Act relative to the display of the flag of the
united states in schoolhouses and requiring the
teachers and pupils thereat to salute the flag
and to recite the "pledge of allegiance to the
flag".

G. L. (Ter.
Ed.). 71, §69,
amended.

Flag to be
displayed in
schools.
Salute to,
required.

Be it enacted, etc., as follows:

Chapter seventy-one of the General Laws is hereby
amended by striking out section sixty-nine, as appearing
in the Tercentenary Edition, and inserting in place thereof
the following : — Section 69. The school committee shall
provide for each schoolhouse under its control, which is
not otherwise supplied, flags of the United States of silk or
bunting not less than two feet long, such flags or bunting
to be manufactured in the United States, and suitable
apparatus for their display as hereinafter provided. A
flag shall be displayed, weather permitting, on the school
building or grounds on every school day and on every legal
holiday or day proclaimed by the governor or the president
of the United States for especial observance; provided,
that on stormy school days, it shall be displayed inside the
building. A flag shall be displayed in each assembly hall
or other room in each such schoolhouse where the opening
exercises on each school day are held. Each teacher shall
cause the pupils under his charge to salute the flag and recite
in unison with him at said opening exercises at least once
each week the "Pledge of Allegiance to the Flag". Failure
for a period of five consecutive days by the principal or
teacher in charge of a school equipped as aforesaid to dis-
play the flag as above required, or failure for a period of
two consecutive weeks by a teacher to salute the flag and
recite said pledge as aforesaid, or to cause the pupils under
his charge so to do, shall be punished for every such period
by a fine of not more than five dollars. Failure of the
committee to equip a school as herein provided shall subject
the members thereof to a like penalty.

Approved May 13, 1935.

Chap. 259 An Act requiring certain institutions to use milk,

OTHER THAN CREAM OR CERTIFIED MILK, PRODUCED
WITHIN THE commonwealth.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby
amended by inserting after section forty-eight A, as appear-
ing in the Tercentenary Edition, the following new section:
— Section /^SB. No institution supported in whole or in
part by funds of the commonwealth shall use for its daily
needs milk produced elsewhere than within the common-
wealth; provided, that if at any time the supply of milk
so produced is insufficient for the needs of such institution,
or does not conform to the required standard for such milk,

G. L. (Ter.
Ed.), 94, new
section 48B,
added.

Certain institu-
tions required
to use milk
produced in
state.

Acts, 1935. — Chaps. 260, 261.

such institution, while and to the extent only that such
emergency exists, may use milk not produced within the
commonwealth. This section shall not apply to cream or to
certified milk. Approved May 13, 1935.

307

local taxes
where tax title

An Act providing for reassessment and collection of Qfiajy 260

LOCAL taxes after DISCLAIMERS OF TAX TITLES HELD
BY CITIES OR TOWNS.

Be it enacted, etc., as follows:

Chapter sixty of the General Laws is hereby amended g. l. (Ter.
by striking out section eighty-four, as appearing in the ^menekd.^^*'
Tercentenary Edition, and inserting in place thereof the
following : — Section 84- If the collector has reasonable collection of
cause to believe that a tax title, held by a town under a
sale or taking for non-payment of a tax, is invalid by reason « invalid
of any error, omission or informality in the assessment, sale
or taking, he may disclaim and release such title by an
instrument under his hand and seal, duly recorded in the
registry of deeds. If the invalidity of a tax title so dis-
claimed and released or of a tax title released under sec-
tion eighty-two or eighty-three was caused by an error,
omission or informality in the assessment, the collector shall,
upon the recording of such disclaimer and release or after
obtaining from the holder of the deed a release of his interest
or after causing a copy of the notice to be filed and recorded
as provided in section eighty-three, forthwith notify the
board by which the tax or assessment was laid, which shall
forthwith reassess it as provided in section seventy-seven
of chapter fifty-nine. If such invalidity was caused by an
error, omission or informality in the proceedings of the
collector, he shall, after the recording of such disclaimer
and release, or after obtaining such release or after filing
or recording such copy, forthwith collect the unpaid tax or
assessment in conformity to law. Approved May 13, 1935.

An Act relative to laying out, locating anew, alter- Chav.2^\

ING, WIDENING AND DISCONTINUING WAYS IN THE CITY OF
NEWTON.

Be it enacted, etc., as follows:

Section 1. Section fourteen of chapter two hundred
and eighty-three of the acts of eighteen hundred and
ninety-seven is hereby amended by striking out subsec-
tion IV and inserting in place thereof the following: —

IV. The power to lay out, locate anew, alter, widen and
discontinue town ways, streets and highways, and to
order specific repairs or a change of grade thereon; and
whenever in the opinion of the board the public neces-
sity and convenience require that a town way or street
shall be laid out, or an existing town way, street or highway

308

Acts, 1935. — Chap. 262.

shall be located anew, altered, widened or discontinued, or
that specific repairs or a change of grade shall be made
thereon, said board shall appoint a time for a public hear-
ing, and shall cause a notice thereof and of its intention in
the matter to be given as now required by general law
relating to town ways. Said hearing may be adjourned
from time to time if the board deem it necessary, and after
said hearing said board shall determine what action the
public necessity and convenience require, and the way shall
be laid out, located anew, altered, widened or discontinued,
or specific repairs or a change of grade shall be made thereon,
if so determined. The damages sustained thereby shall be
assessed and awarded by said board. A person aggrieved
by the assessment of his damages may have the remedies
provided by general law in the case of town ways. Noth-
ing in this section shall be construed to exclude the juris-
diction of the county commissioners in respect to ways,
streets and highways in the said city.

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

Approved May 17, 1935.

Chap. 262 An Act relative to the licensing of boxing and spar-
ring EXHIBITIONS.

Emergency
preamble.

Unlicensed
boxing
matches for-
bidden.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION 1. Chapter one hundred and forty-seven of

fmendelL' ^ ^^' ^^e General Laws is hereby amended by striking out sec-
tion thirty-two, as appearing in the Tercentenary Edition,
and inserting in place thereof the following: — Section 32.
No boxing or sparring match or exhibition for a prize or a
purse, or at which an admission fee is charged, either
directly or indirectly, in the form of dues or otherwise,
shall take place or be conducted in this commonwealth
except in pursuance of a license granted as hereinafter pro-
vided by the state boxing commission, in sections thirty-
two to forty-seven, inclusive, called the commission. In
no case shall any boxing or sparring match or exhibition
occur on Sunday. Applications for the license shall be
accompanied by such fee, not more than eight hundred
dollars, as the commission may establish on the basis of
the population of the city or town or of the seating capacity
of the building or place in which the match or exhibition is
to be held; provided, that a hcense the fee for which is
established on the basis of seating capacity of a building
or place as aforesaid shall be exercised only in such building
or place. Any persons holding, conducting, participating
in or attending a match or exhibition held without a license,
as provided in the following section, shall be punished by

Penalty.

Acts, 1935. — Chaps. 263, 264. 309

a fine not exceeding one hundred dollars or by imprison-
ment for a term not exceeding three months, or both. In Special
the case of exhibitions or bouts held in accordance with the ^'°^'^^'=^-
rules and regulations of such am,ateur organizations as
may be approved by the commission, the commission may
issue special licenses without the requirement of a bond as
provided in section thirty-four or of payment of the annual
fee.

Section 2. Section thirty-three of said chapter one hun- g. l. (Ter.
dred and forty-seven, as so appearing, is hereby amended ^mendelL' ^ ^^'
by striking out all after the word "expire" in the third line
and inserting in place thereof the words : — one year from
the date of issue, — so as to read as follows : — Section 33. Licenses for
The commission may, subject to the provisions of sections ma'tdfes.
thirty-two to forty-seven, inclusive, issue licenses to con-
duct boxing or sparring matches and exhibitions, which
shall expire one year from the date of issue.

Approved May 17, 1935.

An Act authorizing the town of bourne to appropriate Chav. 263

MONEY FOR EXPENDITURE IN CONNECTION WITH THE
DEDICATION AND THE OPENING FOR PUBLIC USE OF THE
NEW CAPE COD CANAL BRIDGES IN SAID TOWN.

Be it enacted, etc., as follows:

Section 1. The town of Bourne may appropriate a
sum, not exceeding fifteen hundred dollars, for the purpose
of celebrating in a fitting manner the occasions of the open-
ing for public use and the dedication in the current year of
the new bridges over the Cape Cod canal in said town.
Money so appropriated shall be expended under the direc-
tion of the selectmen of said town.

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

Approved May 17, 1935.

An Act authorizing the town of dennis to contrib- Qhav 264

UTE TOWARD THE COST OF MAINTAINING A FREE PUBLIC
LIBRARY IN THE TOWN OF HARWICH.

Be it enacted, etc., as follows:

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

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

Approved May 17, 1936.

310 Acts, 1935. — Chaps. 265, 266.

Chap. 265 -A-n Act validating certain acts and proceedings of the

TOWN OF TRURO AND OF ITS OFFICERS.

Be it enacted, etc., as follows:

Section 1. All town elections and meetings in the town
of Truro and all other acts and proceedings of said town
and of its officers heretofore held, so far as said elections,
meetings, acts or proceedings were invalid by reason of the
failure of the town legally to call and give notice of its
annual town elections and its annual and special meetings,
or any of them, in accordance with a vote or by-law of
the town or with section ten of chapter thirty-nine of the
General Laws, or corresponding provisions of earlier laws,
are hereby validated and confirmed.

Section 2. No town election or meeting in said town
in the current year or the year nineteen hundred and thirty-
six, if called and notified in the same manner as elections
and meetings hereby validated and confirmed, and no
action taken thereat, shall be invalid by reason of the
failure of the town legally to call and give notice of such
election or meeting in accordance with said vote or by-law
or with said section ten of chapter thirty-nine.

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

Approved May 17, 1935.

Chap.26Q An Act reviving and extending the existence of the

MASHPEE ADVISORY COMMISSION.

Emergency Whcrcas, 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.

Be it enacted, etc., as follows:

Section 1. Section one of chapter two hundred and
twenty-three of the acts of nineteen hundred and thirty-two
is hereby amended by striking out, in the eighth line, the
word "thirty-five" and inserting in place thereof the word:
— thirty-eight, — so as to read as follows : — Section 1 .
There is hereby established an unpaid commission, under
the title of the Mashpee Advisory Commission, herein-
after called the commission, to consist of three members,
each of whom shall be the head of a state department or
the head of a division thereof, designated by the governor,
with the advice and consent of the council, and shall serve
for a period terminating April fifteenth, nineteen hundred
and thirty-eight. The governor, with like advice and
consent, shall, from time to time, designate one of the mem-
bers as chairman, may remove any member and shall fill
any vacancy in the commission for the unexpired term.
The action of any two of the members shall constitute the
action of the commission ; and whenever any action by the

Acts, 1935. — Chap. 267. 311

commission is required to be in writing, such writing shall
be sufficient when signed by any two of the members.
The commission may employ, at the expense of said town,
such assistants as it may deem necessary. The commis-
sion may assign for specific or general employment one or
more persons within a state department or division in
charge of any member of the commission, and any expense
incurred by reason of such assignment shall be certified
by the commission to the state treasurer, and shall be col-
lected by him as an additional state tax upon said town.

Section 2. Said Mashpee Advisory Commission is
hereby revived and its acts and proceedings after April
fifteenth in the current year and prior to the effective date
of this act are hereby validated and confirmed to the same
extent as if the existence of said commission had not termi-
nated on said April fifteenth. Approved May 17, 1935.

An Act relative to minimum wage decrees rendered Qfid'p 267

PRIOR to the effective DATE OF THE PRESENT LAW
AUTHORIZING THE ESTABLISHMENT OF MANDATORY MINI-
MUM FAIR WAGE STANDARDS FOR WOMEN AND MINORS.

Be it enacted, etc., as follows:

Chapter three hundred and eight of the acts of nineteen
hundred and thirty-four is hereby amended by striking
out section three and inserting in place thereof the follow-
ing: — Section 3. This act shall not be construed to abro-
gate or invalidate any proceedings hitherto taken or pend-
ing on its effective date under chapter one hundred and
fifty-one of the General Laws, as in effect immediately
prior to such date, or to alter or modify the eftect of any
decree or order made under the provisions of said chapter
as so in effect, but all such pending proceedings may be
completed in accordance with said chapter, and such de-
crees and orders shall continue to be in full force and effect;
provided, that the commissioner of labor and industries
shall have power, without complying with the provisions
of section four of said chapter one hundred and fifty-one,
as revised by this act, to direct the commission, as defined
in section one of said chapter one hundred and fifty-one as
so revised, to appoint a wage board under the provisions
of said chapter one hundred and fifty-one, as so revised,
to act thereunder with respect to any occupation covered
by a decree made as aforesaid. Upon a directory order
being made by said commissioner as provided in section
ten of said chapter one hundred and fifty-one, as so revised,
such decree shall become null and void. Notwithstanding
the foregoing, the commission, as so defined, is hereby
authorized, in conformity with Article XX of Part the First
of the constitution of the commonwealth, to suspend, alter
or modify the provisions of any minimum wage decree in
force upon such effective date so as to bring the wage and

312

Acts, 1935. — Chaps. 268, 269.

other provisions of such decree into complete or partial
conformity with similar provisions in any code or codes
applicable to the industry covered by said decree and ap-
proved by the president of the United States under the
provisions of the National Industrial Recovery Act, such
authority to be effective only during such time as the code
or codes in question respectively remain in effect.

Approved May 17, 1935.

Chap. 268 An Act granting certain fishing rights in matta-

KESSETT CREEK AND CRAXTUXETT COVE IN THE TOWN OF
EDGARTOWN to the PROPRIETORS OF THE NEW MATTA-
KESSETT CREEKS.

Be it enacted, etc., as follow s:

Section 1. The Proprietors of the New Mattakessett
Creeks, a corporation established by law and located in the
town of Edgartown, for a period of ten years from February
twenty-seventh, nineteen hundred and thirty-six, may catch
fish, by means of nets, seines, drag seines, traps or pounds,
as said corporation may determine, in Mattakessett creek
and in that portion of the Great pond, so called, lying east-
erly of Jenkins Point and commonly known as Craxtuxett
cove, or either of them, in said town ; provided, that, on or
before February first in each of said ten years, said corpora-
tion shall pay to said town the sum of twenty-five dollars.

Section 2. This act shall take effect on February
twenty-seventh, nineteen hundred and thirty-six.

Approved May 17, 1935.

G. L. (Ter.
Ed.), 60, §37,
etc., amended.

C/iap. 269 An Act relative to tax liens on real estate in case of

BANKRUPTCY OF THE OWNER THEREOF.

Be it enacted, etc., as follows:

Section thirty-seven of chapter sixty of the General
Laws, as most recently amended by chapter one hundred
and sixty-nine of the acts of nineteen hundred and thirty-
four, is hereby further amended by inserting after the word
"jurisdiction" in the twentieth line the following: — , and
if while a lien established by this section is in force the
owner of the real estate on which it attaches is adjudicated
bankrupt, the lien shall continue for six months after final
termination of the bankruptcy proceedings, subject, how-
ever, to any lawful action under any paramount authority
conferred by the bankruptcy laws of the United States, —
so as to read as follows: — Section 37. Taxes assessed
upon land, including those assessed under sections twelve,
thirteen and fourteen of chapter fifty-nine, shall with all
incidental charges and fees be a lien thereon from January
first in the year of assessment. Except as provided in
section sixty-one, such lien shall terminate at the expira-

Lien of tax
upon real
estate, levy
by sale, etc.

Acts, 1935. — Chap. 270. 313

tion of two years from October first in said year, if the
estate has in the meantime been ahenated and the instru-
ment ahenating the same has been recorded, otherwise it
shall continue until a recorded alienation thereof; but if
while such lien is in force a tax sale or taking has been made,
and the deed or instrument of taking has been duly recorded
within sixty days, but the sale or taking is invalid by reason
of any error or irregularity in the proceedings subsequent
to the assessment, the lien shall continue for ninety days
after a surrender and discharge under section forty-six or a
release, notice or disclaimer under sections eighty-two to
eighty-four, inclusive, has been duly recorded, or for ninety
days after the sale or taking has been finally adjudged
invalid by a court of competent jurisdiction, and if while a
lien established by this section is in force the owner of the
real estate on which it attaches is adjudicated bankrupt, the
lien shall continue for six months after final termination of
the bankruptcy proceedings, subject, however, to any
lawful action under any paramount authority conferred
by the bankruptcy laws of the United States. Said taxes,
if unpaid for fourteen days after demand therefor, may,
with said charges and fees, be levied by sale of the real
estate, if the lien thereon has not terminated. No tax
title shall be held to be invalid by reason of any errors or
irregularities in the proceedings of the collector which are
neither substantial nor misleading.

Approved May 17, 1935.

An Act extending the time during which certain
funds shall be available for the construction of a
parkway or boulevard from beacon street to com-
monwealth avenue in the city of newton.

Be it enacted, etc., as follows:

Section two of chapter three hundred and one of the acts
of nineteen hundred and thirty-two is hereby amended by
striking out, in the sixth line, the word "three" and insert-
ing in place thereof the word : — five, — so as to read as
follows : — Section 2. Said commission is hereby authorized
to expend any unexpended balances of the amounts appro-
priated by items six hundred and sixty-one b and six hun-
dred and eighty-seven b of chapter four hundred and sixty
of the acts of nineteen hundred and thirty-one, at any time
within five years after the passage of this act, toward pay-
ing the cost of the acquisition of land for and the construc-
tion of a parkway or highway extending from Beacon street
in the city of Newton to Commonwealth avenue in said
city, as an extension, by such route as the commission may
determine, of the parkway or boulevard authorized by
section one of said chapter three hundred and fifty-eight,
as amended by section one of this act; and the balance of
the sum necessary to complete said extension shall be paid

Chap. 270

314 Acts, 1935. — Chap. 271.

by the city of Newton within thirty days after said com-
mission sends written request for the same to the treasurer
of said city. If said city fails to pay said amount as afore-
said, it shall be assessed and collected by the state treasurer
as an addition to the quota of the next state tax payable
by said city. Approved May 17, 1936.

Chap. 211 An Act authorizing the town of marblehead to estab-
lish A BOARD OF PUBLIC WORKS TO EXERCISE THE POWERS
OF SEWER COMMISSIONERS, WATER COMMISSIONERS AND
SURVEYOR OF HIGHWAYS.

Be it enacted, etc., as follows:

Section 1. There shall be established in the town of
Marblehead an unpaid board of public works, hereinafter
called the board, to consist of five members. The initial
members thereof shall be elected one to serve for one year,
two for two years, and two for three years, from the date of
the annual town election at which they are elected, and
thereafter, when the term of any member expires, his suc-
cessor shall be elected to serve for three years. In all cases
the members shall serve until their successors are qualified.
The members of the board shall, after each election, elect
one of their members to act as chairman for the ensuing
year. If a vacancy occurs therein, the remaining members,
if they constitute a quorum, may fill such vacancy until the
next annual town election, when a new member shall be
elected to fill the unexpired term. No person shall serve
on the board who holds another elective or appointive
office in the town.

Section 2. The board, from and after the annual town
election at which this act becomes fully effective, shall have
and exercise all the powers and duties now or from time to
time vested by general or special law in the following boards
and office in said town, to wit: — the board of sewer com-
missioners, the board of water commissioners, and the sur-
veyor of highways, and such boards and office shall there-
upon be abolished during the time that this act is in effect
as to them or it. No contracts or liabilities in force on the
date when this act becomes fully effective shall be affected
by such abolition, but the board shall in all respects be the
lawful successor of the boards and office so abohshed.

Section 3. The board shall appoint and fix the com-
pensation of a superintendent of public works, who shall
exercise and perform, under the supervision and direction
of the board, such of the powers, rights and duties trans-
ferred to it under section two as it may from time to time
designate. He shall be responsible for the efficient exercise
and performance of such powers, rights and duties and shall
hold office subject to the will of the board. He shall be
specially fitted by education, training and experience to
perform the duties of said office, and may or may not'be a

Acts, 1935. — Chap. 271. 315

resident of the town. During his tenure he shall hold no
elective or other appointive office, nor shall he be engaged
in any other business or occupation. He shall give to the
town a bond with a surety company authorized to transact
business in the commonwealth as surety, for the faithful
performance of his duties, in such sum and upon such condi-
tions as the board may require. The board shall appoint
such other assistants, agents and employees as in its opinion
the exercise and performance of such powers, rights and
duties may require. The superintendent shall keep full
and complete records of the doings of his office and render
to the board as often as it may require a full report of all
operations under his control during the period reported
upon; and annually, and from time to time as required
by the board, he shall make a synopsis of such reports for
publication. He shall keep the board fully advised as to
the needs of the town within the scope of his duties and shall
annually furnish to the board, not less than ten days prior
to the expiration of the fiscal year of said town, a carefully
prepared and detailed estimate in writing of the appropria-
tions required during the next succeeding fiscal year for the
proper exercise and performance of all said powers, rights
and duties.

Section 4. In accordance with the provisions of sec-
tion twenty-three of chapter forty-one of the General Laws,
the said town, at any time after three years following the
annual town election at which this act is accepted, may
rescind, in whole or in part, any action taken under its
provisions.

Section 5. The act shall be submitted to the legal
voters of said town at its annual town election in the year
nineteen hundred and thirty-six, in the form of the follow-
ing question which shall be placed on the official ballot to be
used for the election of town officers at said election: "Shall
an act passed by the General Court in the year nineteen
hundred and thirty-five, entitled 'An Act Authorizing the
Town of Marblehead to Establish a Board of PubHc Works
to Exercise the Powers of Sewer Commissioners, Water
Commissioners and Surveyor of Highways', be accepted?"

YES.

NO.

If a majority of the voters voting thereon vote in the
affirmative in answer to said question this act shall become
fully effective for the purpose of the annual town election
next succeeding its acceptance, but not otherwise.

Approved May 17, 1935.

316

Acts, 1935. — Chaps. 272, 273, 274.

G. L. (Ter.
Ed.), 171, § 15,
etc., amended.

Officers, etc.
bonds of.

Chap. 212 An Act relative to the bonding of officers and em-
ployees OF CREDIT UNIONS.

Be it enacted, etc., as follows:

Section fifteen of chapter one hundred and seventy-one
of the General Laws, as amended by section one of chapter
one hundred and sixty-three of the acts of nineteen hundred
and thirty-three, is hereby further amended by adding
after the paragraph inserted therein by said section one
the following new paragraph: —

A schedule bond may, subject to like approval by the
commissioner, be issued to the association of credit unions
known as the Massachusetts Credit Union League, cover-
ing the officers and employees of credit unions desiring such
coverage, whether or not such credit unions are members of
said association, any provision of chapter one hundred and
seventy-five to the contrary notwithstanding. Said asso-
ciation shall extend, without charge, to credit unions not
members thereof all the service necessary in connection
with the writing of such bond. Approved May 17, 1935.

Chap. 27S An Act authorizing the county of essex to increase

THE RETIREMENT ALLOWANCE OF DANIEL A. MACKINNON.

Be it enacted, etc., as follows:

Section 1. The county of Essex is hereby authorized to
increase the retirement allowance of Daniel A. MacKinnon,
formerly in the penal institution service of said county and
now retired under the provisions of sections forty-six to
forty-eight, inclusive, of chapter thirty-two of the General
Laws, to one thousand and sixty dollars per annum, the
amount of retirement allowance to which said MacKinnon
would have been entitled at the time of his retirement if
said allowance had been based on the salary paid to him
in cash, plus his other compensation not paid to him in cash,
at such time.

Section 2. This act shall take effect upon its acceptance
during the current year by the county commissioners of said
county, but not otherwise. Approved May 17, 1935.

Chap. 274 An Act reviving the ancient river corporation for the

purpose of conveying certain LAND AND DISTRIBUTING
THE PROCEEDS THEREOF.

Be it enacted, etc., as follows:

The Ancient River Corporation, a corporation dissolved
by chapter two hundred and ninety-two of the acts of nine-
teen hundred and thirty, is hereby revived for the sole pur-

Emergency

preamble.

Acts, 1935. — Chaps. 275, 276. 317

pose of selling and conveying title to certain land situated
in the state of California and distributing the proceeds of
said sale among its creditors and stockholders entitled
thereto. Approved May 20, 1935.

An Act extending the benefits of free university ex- Qfidp 275

TENSION courses TO INMATES OF COUNTY CORRECTIONAL

institutions.

Be it enacted, etc., as follows:

Section seven of chapter sixty-nine of the General g. l. (Ter.
Laws, as appearing in the Tercentenary Edition, is hereby fmende^d.^ ^'
amended by inserting before the word "state", the second
time said word appears in the tenth line, the words : —
county and, — so as to read as follows : — Section 7. The university
department may co-operate with existing institutions of correspondJlfce
learning in the establishment and conduct of university courses.
extension and correspondence courses; may supervise the
administration of all such courses supported in whole or in
part by the commonwealth; and also, where deemed advis-
able, may establish and conduct such courses for the benefit
of residents of the commonwealth and, provided that the
fees charged exceed the cost of service, may enroll in cor-
respondence courses such non-residents as are approved by
the department. The department may offer correspond-
ence courses, free of charge, to inmates of county and state
hospitals and sanatoria, county and state correctional
institutions, the state infirmary, and federal hospitals
situated within the commonwealth. It may, in accordance
with rules and regulations estabHshed by it, grant to stu-
dents satisfactorily completing such courses suitable cer-
tificates. Approved May 21, 1935.

An Act providing for adequate discovery in proceed- Qhny 276

INGS FOR TAX ABATEMENT AND IN TAX APPEAL CASES. ^'

Be it enacted, etc., as follows:

Section 1. Chapter fifty-eight A of the General Laws g. l. (Ter.
is hereby amended by inserting after section eight, as ^ction^sA,'^^^
amended, the following new section: — Section 8 A. Before added.
the hearing of a petition for the abatement of a tax upon of^propTrty"
real estate, machinery or other tangible property, the appel- Pf^^^^^f ^^fff
lant shall permit the appellee personally or by attorneys,
experts or other agents, to enter upon such real estate or
upon any premises where such personal property is situated
and examine and inspect such real estate or personal prop-
erty, including any property which the appellant claims is
exempt from taxation. In case of doubt or uncertainty
as to the identity of the property the appellant shall point
out to the appellee the property to which the appeal relates.
Sections sixty-one to seventy, inclusive, of chapter two

ing on appeal.

318

Acts, 1935. — Chaps. 277, 278.

G. L. (Ter.
Ed.). 59. new
section 61A,
added.

Applicant for
abatement to
exhibit
property.

hundred and thirty-one shall apply to all appeals before the
board except those conducted under the informal procedure
provided by section seven A of this chapter.

Section 2. Chapter fifty-nine of the General Laws is
hereby amended by inserting after section sixty-one, as
amended, the following new section: — Section 61 A. The
person applying for an abatement of a tax on real estate or
personal property shall, upon request, exhibit to the asses-
sors the property to which the application for abatement
relates and if required by them point out and identify such
property and furnish them with accurate and complete
information as to the rents received from, and the expenses
of maintaining, such property. Approved May 21, 1935.

Chap. 277 ^^ ^ct relative to expenditures by the department
OF education during the current year in aiding
students in state teachers colleges.

Be it enacted, etc., as follows:

Subject to appropriation, the department of education
may, during the current fiscal year, expend under section
five of chapter seventy-three of the General Laws, as
amended by section fifteen of chapter one hundred and
twenty-seven of the acts of nineteen hundred and thirty-
two, not more than six thousand dollars in aiding students
in state teachers colleges, including the Massachusetts
school of art, notwithstanding and in lieu of the limitation
of amount of such expenditures contained in said section
five. Approved May 21, 1935.

G. L. (Ter.
Ed.), 60, § 62,
etc., amended.

Chap. 278 ^^ ^^^ relative to the redemption of a tax title held

BY A CITY OR TOWN.

Be it enacted, etc., as follows:

Section sixty-two of chapter sixty of the General Laws,
as most recently amended by chapter two hundred and
eighteen of the acts of nineteen hundred and thirty-four,
is hereby further amended by striking out the second para-
graph, as appearing in section ten of chapter three hundred
and twenty-five of the acts of nineteen hundred and thirty-
three, and inserting in place thereof the following : —

Any such person may so redeem by paying or tendering
to the purchaser, his legal representatives or assigns, at
any time prior to the filing of such petition for foreclosure,
if the purchaser is other than the town, the original sum
and intervening taxes and costs paid by him and interest
on the whole at said rate. In each case he shall also pay or
tender, for examination of title and a deed of release, not
more than three dollars in the aggregate, and in addition
thereto the actual cost of recording the tax deed or evidence
of taking. He may redeem the land by paying or tendering
to the collector the sum which he would be required to
pay to the purchaser, with one dollar additional. If land

Redemption
of land taken
or sold for
taxes.

Acts, 1935. — Chap. 279. 319

taken by or sold to a city or town for non-payment of taxes
is redeemed, the city treasurer, or acting city treasurer,
notwithstanding the provisions of the charter of his city,
or the town treasurer, as the case may be, shall sign, execute,
acknowledge and dehver on behalf of the city or town an
instrument which shall include a certification of such re-
demption specifying the name of the person making the
payment, the amount paid, the name of the person to
whom and the real estate on which the tax was originally
assessed, the year for which assessed, and a reference to the
record of the tax deed or taking sufficient to identify it,
and which shall include also an acknowledgment of satis-
faction of the tax for which the real estate was sold or taken.
The delivery of such instrument shall extinguish all right
and title acquired under the collector's deed or taking. If a
person other than the owner of the fee rightfully redeems,
the certificate, when duly recorded in the registry of deeds
of the county or district where the land is situated, shall be
notice to all persons of such payment. If the amount so
paid for redemption is paid by a holder of a mortgage on
the premises, the amount so paid may be added to the
mortgage debt. No person shall knowingly collect or
attempt to collect for the redemption of any such land a
sum of money greater than that authorized by this section.

Approved May 21, 1935.

An Act providing, for the resubmission to the voters Chav.27Q
OF the several counties of the question of licens-
ing DOG races at which THE PARI-MUTUEL SYSTEM OF
BETTING SHALL BE PERMITTED AND FURTHER REGULATING
THE GRANTING OF LICENSES FOR SUCH RACES.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and twenty-eight A g. l. (Ter.
of the General Laws is hereby amended by inserting after ftc'^'ne^^'
section fourteen, as appearing in section three of chapter section i4a,
three hundred and seventy-four of the acts of nineteen
hundred and thirty-four, the following new section : —
Section I4.A. Licenses shall not be granted under this Referendum
chapter for the holding or conducting of any dog racing dogradng^°°
meeting within any county unless a majority of the regis-
tered voters of such county voting on the question of grant-
ing such licenses when said question was last submitted
to them, as hereinafter provided, have voted in the affirma-
tive.

The state secretary shall cause to be placed on the official
ballot to be used in the cities and towns at the biennial
state election in the year nineteen hundred and thirty-six
the following question:

Shall the pari-mutuel system of betting
on licensed dog races be permitted in this
county?

YKS.

NO.

320

Acts, 1935. — Chap. 279.

G. L. (Ter.
Ed.). 128A,
i 14, etc.,
amended.

Referendum
to counties
on horse
racing.

Effective date.

Upon petition of five per cent of the registered voters of
any county filed with the state secretary not less than thirty
days prior to a biennial state election after the year nine-
teen hundred and thirty-eight the state secretary shall also
cause said question to be placed on the official ballot to be
used in the cities and towns in said county at said biennial
state election; provided, that said question shall not be
submitted under this section to the voters of any county
oftener than once in four years.

If a^majority of the votes cast in a county in answer to
said question are in the affirmative, such county shall be
taken to have authorized the licensing of dog races therein
at which the pari-mutuel system of betting shall be per-
mitted; provided, that no license shall be granted under
this chapter for the holding or conducting of any dog races,
at which the pari-mutuel system of betting shall be per-
mitted, within any city or town in said county unless a
majority of the registered voters of such city or town voting
on said question when last submitted to them as herein
provided voted in the affirmative.

Section 2. Said chapter one hundred and twenty-
eight A is hereby further amended by striking out section
fourteen, as so appearing, and inserting in place thereof the
following: — Section I4. Licenses shall not be granted
under this chapter for the holding or conducting of any
horse racing meeting within any county unless a majority
of the registered voters of such county voting on the ques-
tion of granting such licenses when said question was last
submitted to them, at the biennial state election in the
year nineteen hundred and thirty-four or as hereinafter
provided, have voted in the affirmative.

Upon petition of five per cent of the registered voters
of any county filed with the state secretary not less than
thirty days prior to a biennial state election after the year
nineteen hundred and thirty-six the state secretary shall
cause to be placed on the official ballot to be used in the
cities and towns in said county at said biennial state elec-
tion the following question : —

Shall the pari-mutuel system of betting on
licensed horse races be permitted in this
county?

Said question shall not be submitted under this section
to the voters of any county oftener than once in four years.

If a majority of the votes cast in a county in answer to
said question are in the affirmative, such county shall be
taken to have authorized the licensing of horse races therein
at which the pari-mutuel system of betting shall be per-
mitted.

Section 3. This act shall become effective on Novem-
ber third, nineteen hundred and thirty-six, except that so
much thereof as requires the state secretary to place the
question set forth in section one on the official ballot to be
used at the biennial state election in the year nineteen

YES.

NO.

Acts, 1935. — Chaps. 280, 281.

321

hundred and thirty-six shall take effect in sufficient time to
enable him to carry out said requirement.

Approved May 21, 1935.

An Act relative to the compensation of interpreters (7/iai).280

IN CRIMINAL PROCEEDINGS BEFORE DISTRICT COURTS AND
TRIAL JUSTICES,

Be it enacted, etc., as follows:

Chapter two hundred and sixty-two of the General Laws g. l. (Ter.
is hereby amended by striking out section thirty-two, as § 32,' amended,
appearing in the Tercentenary Edition, and inserting in
place thereof the following : — Section 32. District courts Compensation
and trial justices may allow reasonable compensation to Fromwfthout
interpreters for service rendered and to witnesses from t^ie state, etc.
without the commonwealth in criminal proceedings before
them, which shall be paid by the county in the same man-
ner as witness fees, and shall allow interpreters ordered by
them to attend such proceedings before them but not called
upon for service the sum of one dollar for each day of such
attendance, which shall be paid in the manner aforesaid.

Approved May 21, 1935.

An Act authorizing the town of charlemont to vote (JJiq/q 281

AT A special town MEETING IN THE CURRENT YEAR ON
THE QUESTION OF GRANTING LICENSES FOR THE SALE IN
SAID TOWN OF ALCOHOLIC BEVERAGES.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Charlemont
are hereby authorized to insert in the warrant for any
special town meeting held in the current year, an article
or articles enabling the voters of said town to vote at said
meeting on the questions contained in section eleven of
chapter one hundred and thirty-eight of the General Laws,
as appearing in section two of chapter three hundred and
seventy-six of the acts of nineteen hundred and thirty-three;
and the votes at said meeting on said questions shall have
the same force and effect from and after said meeting as if
taken at the last biennial state election.

Section 2. The votes under section one shall be taken
by ballots prepared by the town clerk which shall set forth
said questions and the directions to the voters, all as pro-
vided in said section eleven. The ballots shall be dis-
tributed at the polling place under the direction of the town
clerk, and the polls shall be open for voting on said ques-
tions not less than four hours. The provisions of the Gen-
eral Laws relative to the ascertainment of the result of the
voting at state elections and returns thereof; shall, so far
as practicable, apply to the vote taken hereunder.

Section 3. The votes taken in the town of Charle-
mont at the last biennial state election under the provisions
of section eleven of chapter one hundred and thirty-eight

322 Acts, 1935. — Chaps. 282, 283, 284.

of the General Laws, as so appearing, shall, after a vote
has been taken as provided by this act, have no further
force or effect.

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

Approved May 23, 1936.

Chap. 282 An Act providing for the removal of abandoned hulks

OR WRECKS LYING ALONG THE WATERFRONT OF BOSTON
HARBOR.

Emergency Whereas, The deferred operation of this act would tend

pream e. ^^ defeat its purpose, therefore it is hereby declared to be
an emergency law, necessary for the immediate preserva-
tion of the public safety and convenience.

Be it enacted, etc., as follows:

The department of public works is hereby authorized to
expend such sums, not exceeding, in the aggregate, five
thousand dollars, as may hereafter be appropriated for the
purpose of removing abandoned hulks or wrecks lying along
the waterfront of Boston harbor.

Approved May 24, 1935.

Chap. 283 An Act subjecting the office of chief engineer of the

FIRE DEPARTMENT OF THE TOWN OF STOUGHTON TO THE
CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The provisions of chapter thirty-one of the
General Laws, and the rules and regulations made there-
under, relating to permanent members of fire departments
in towns shall apply to the office of chief engineer of the
fire department of the town of Stoughton; provided, that
the incumbent of said office upon the effective date of this
act may continue to hold such office without taking a civil
service examination.

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

Approved May 24, 1935.

Chap. 2^4: An Act relative to appropriations by the city of bos-
ton FOR school and OTHER MUNICIPAL PURPOSES.

Be it enacted, etc., as follows:

Section 1. Subject, except as herein provided, to the
provisions of chapter two hundred and six of the Special
Acts of nineteen hundred and nineteen and acts in amend-
ment thereof and in addition thereto, the school committee
of the city of Boston may, by vote of four fifths of all its
members, taken by yeas and nays, make appropriations
for all school purposes to be met by moneys raised by taxa-
tion for the financial year ending December thirty-first,
nineteen hundred and thirty-five, in a sum which shall not
exceed the yield of a tax at the rate of ten dollars and seven

Acts, 1935. — Chap. 285. 323

cents on each one thousand dollars of the assessors' valua-
tion of the taxable property therein for the year nineteen
hundred and thirty-five, and which shall be in addition
to the money that may be given for such purposes, the
income collected and the balance of appropriations of
preceding years, and the amount so appropriated and raised
shall be allocated by the school committee to the purposes
set forth in the several items specified in section one of
said chapter two hundred and six, as amended; provided,
that the sums so allocated to Americanization, physical
education, extended use of schools, pensions to teachers,
alterations and repairs, and land and buildings shall not
exceed the amounts authorized to be appropriated and
raised by taxation for said purposes, respectively, under
the provisions of said section one, as amended. The
provisions of said section one, as amended, in so far as
they are inconsistent with this act, shall not be operative
during the financial year ending December thirty-first,
nineteen hundred and thirty-five.

Section 2. The city of Boston may, by vote of the city
council, with the approval of the mayor, in the manner
specified in section three of chapter four hundred and eighty-
six of the acts of nineteen hundred and nine, make appro-
priations for municipal purposes, except school and other
purposes heretofore excluded from the statutory tax limit,
to be met by moneys raised by taxation for the financial
year ending December thirty-first, nineteen hundred and
thirty-five, in a sum which, when added to all other sums
to be raised by taxation for said year including the sum
authorized under section one of this act to be so raised for
appropriations for school purposes, shall not exceed the
yield of a tax at a rate of thirty-seven dollars and twenty
cents on each one thousand dollars of the assessors' valua-
tion of the taxable property therein for the year nineteen
hundred and thirty-five.

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

Approved May 2^, 1935.

An Act relative to assessments, contributions and Chav 285

RETIREMENT ALLOWANCES OF CERTAIN TEACHERS OF THE
CITY OF LOWELL UNDER THE TEACHERS' RETIREMENT
SYSTEM.

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. The school committee of the city of Lowell
shall deduct from the salary of each teacher who is employed
in the public schools of said city on the effective date of
this act and was so employed in the years nineteen hundred

324 Acts, 1935. — Chap. 285.

and thirty-three and nineteen hundred and thirty-four,
or either of them, an amount equal to the difference be-
tween the assessments actually received on his account by
the teachers' retirement board under section fourteen of
chapter thirty-two of the General Laws during said year or
years and the assessments which would have been deducted
and transmitted under sections twelve and fourteen of
said chapter thirty-two to said board on his account during
said year or years if his salary for said year or years had
not been reduced and no deduction had been made from his
salary for the months of June and September, nineteen
hundred and thirty-three, on account of the closing of the
schools in said city for one week in each of said months.
The treasurer of said city shall transmit the amounts
deducted hereunder to the said retirement board, which
shall credit the same to the respective annuity accounts of
said teachers.

Section 2. For the purpose of determining the amount
of pension under section ten of said chapter thirty-two of
any teacher employed in the pubhc schools of said city in
the years nineteen hundred and thirty-three and nineteen
hundred and thirty-four, or either of said years, it shall be
assumed that his salary for said year or years was not
reduced and that no deduction was made therefrom for the
months of June and September, nineteen hundred and
thirty-three, on account of the closing of the schools in
said city for one week in each of said months.

Section 3. Teachers formerly employed in the public
schools of said city who were retired under said section
ten of said chapter thirty-two since January first, nineteen
hundred and thirty-three and before the effective date of
this act, shall receive from June first, nineteen hundred and
thirty-five, a pension at the annual rate which they would
have received if section two of this act had been in effect
at the time of their retirement.

Section 4, Retired teachers referred to in the preced-
ing section may, prior to August tenth, nineteen hundred
and thirty-five, contribute to the annuity fund of the
teachers' retirement association an amount equal to the
difference between the assessments actually received on
their respective accounts by the said retirement board
under section fourteen of said chapter thirty-two during
the years nineteen hundred and thirty-three and nineteen
hundred and thirty-four, or either of said years, and the
assessments which would have been deducted and trans-
mitted under sections twelve and fourteen of said chapter
thirty-two to said board on their respective accounts dur-
ing said years if their salaries for said year or years had not
been reduced and no deduction had been made from their
salaries for the months of June and September, nineteen
hundred and thirty-three, on account of the closing of the
schools in said city for one week in each, of said months.
Such a retired teacher shall, after making the contribution

Acts, 1935. — Chaps. 286, 287. 325

to said annuity fund as provided in this section, receive
from June first, nineteen hundred and thirty-five, an
annuity at the same annual rate that he would have re-
ceived if the contribution made hereunder had been to his
credit at the time of his retirement.

Approved May £4, 1935.

An Act extending educational opportunities for resi- Qfiav 286

DENT PUPILS OF PERKINS INSTITUTION AND MASSACHU-
SETTS SCHOOL FOR THE BLIND.

Be it enacted, etc., as follows:

Section twenty-six of chapter sixty-nine of the General g. l. (Ter.

fPA ^ fiQ S f?ft

Laws, as appearing in the Tercentenary Edition, is hereby amended. '
amended by adding at the end thereof the following new
paragraph : —

With the approval of the governor, the department may Educational
allow resident pupils in the Perkins Institution and Massa- of certa^'*'^*
chusetts School for the Blind to attend courses offered in e°tgQded"'^
other schools or colleges which are not offered in the above-
named institution if, in the judgment of the department,
they are qualified to pursue such courses with profit.

Approved Maij 24, 1935.

Chap.287

An Act relative to the distribution of material used
in connection with physical examination of school
children.

Be it enacted, etc., as follows:

Chapter seventy-one of the General Laws is hereby g. l. (Ter.
amended by striking out section fifty-eight, as amended by etc!, amended*,
section eight of chapter one hundred and twenty-seven of
the acts of nineteen hundred and thirty-two, and inserting
in place thereof the following: — Section 58. The depart- Test cards, etc.,
ment, after consultation with the department of public physical exam-
health, shall prescribe and furnish to school committees ^c^oo/""^
suitable rules of instruction, test cards, blanks, record books chUdren.
and other useful appliances for accomplishing the purposes
of sections fifty-three to fifty-seven, inclusive, and may
furnish said material to such boards of health as may re-
quire it in the performance of their duties. The depart-
ment may annually expend therefor a sum not exceeding
twelve hundred dollars, and shall provide for pupils in the
teachers colleges instruction and practice in the best
methods of testing the sight and hearing of children.

Approved May 24, 1935.

326

Acts, 1935. — Chaps. 288, 289.

Chap.288 An Act regulating the approval of accounts at Massa-
chusetts STATE college.

Be it enacted, etc., as follows:

Chapter seventy-five of the General Laws is hereby
amended by striking out section five, as appearing in the
Tercentenary Edition, and inserting in place thereof the
of following: — Sections. All accounts for maintenance and
for expenditures under special appropriations shall be
approved by the trustees or, if the trustees shall so vote,
by the vice president or some other officer of the board of
trustees or another trustee, appointive or ex-officio, desig-
nated by the vice president, and shall be filed with the
comptroller. Full copies of the payrolls and bills shall be
kept at the college. Approved May 24, 1935.

G. L. (Ter.
Ed.). 75. § 5,
amended.

Expenditure
appropria-
tions.

Chap. 289 An Act subjecting the office of commissioner of

soldiers' relief, STATE AID AND MILITARY AID, BURIAL
agent AND SUPERVISOR OF SOLDIERS' AND SAILORS'
GRAVES OF THE CITY OF HOLYOKE TO THE CIVIL SERVICE
LAWS.

Be it enacted, etc., as follows:

Section 1. The office of commissioner of soldiers' relief,
state aid and military aid, burial agent and supervisor
of soldiers' and sailors' graves of the city of Holyoke shall,
upon the effective date of this act, become subject to the
civil service laws, rules and regulations, and the term of
office of any incumbent thereof shall be unlimited, except
as provided in said laws, but the person holding said office
on said effective date may continue therein without taking
a civil service examination.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Holyoke at the annual
municipal 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-five, entitled 'An Act subjecting the Office of Com-
missioner of Soldiers' Relief, State Aid and Military Aid,
Burial Agent and Supervisor of Soldiers' and Sailors' Graves
of the City of Holyoke to the Civil Service Laws', be ac-
cepted?" If a majority of the voters voting thereon vote
in the affirmative in answer to said question, this act shall
take full effect; but not otherwise.

Approved May 24, 1935.

Acts, 1935. — Chap. 290.

327

G. L. (Ter.

Ed.), 269,

§ 10, amended.

Penalty for
unlawfully
carrying

An Act increasing the penalty for unlawfully carry- QJiqt) 290

ING dangerous weapons OR UNLAWFULLY POSSESSING ^'

MACHINE GUNS.

Be it enacted, etc., as follows:

Section ten of chapter two hundred and sixty-nine of
the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by striking out, in the third and
fourth Hnes, the words "or possesses a machine gun as
defined in section one hundred and twenty-one of chapter
one hundred and forty", — by striking out, in the twelfth
and thirteenth lines, the words "for not less than six months
nor more than two and one half years in a jail or house of
correction or", — and by inserting after the word "prison"
in the fifteenth line the words: — , or whoever, except as
provided by law, possesses a machine gun as defined in
section one hundred and twenty-one of chapter one hun-
dred and forty, without permission under said section one
hundred and thirty-one shall be punished by imprisonment
in the state prison for life or for any term of years, — so as
to read as follows: — Section 10. Whoever, except as
provided by law, carries on his person, or carries on his
person or under his control in a vehicle, a pistol or revolver, daniermis
loaded or unloaded, without permission under section one
hundred and thirty-one of chapter one hundred and forty,
or whoever so carries any stiletto, dagger, dirk knife, slung
shot, metallic knuckles or sawed off shotgun, or whoever,
when arrested upon a warrant for an alleged crime or when
arrested while committing a crime or a breach or dis-
turbance of the public peace, is armed with, or has on his
person, or has on his person or under his control in a vehicle,
a billy or dangerous weapon other than those herein men-
tioned, shall be punished by imprisonment for not less
than two and one half years nor more than five years in the
state prison, or whoever, except as provided by law, pos-
sesses a machine gun as defined in section one hundred and
twenty-one of chapter one hundred and forty, without
permission under said section one hundred and thirty-one
shall be punished by imprisonment in the state prison for
hfe or for any term of years, and upon conviction the pistol
or other article shall be confiscated by the commonwealth.
The pistol or article so confiscated shall, by the authority of
the written order of the court or trial justice, be forwarded
by common carrier to the commissioner of public safety,
who, upon receipt of the same, shall notify said court or
justice thereof. Said commissioner may sell or destroy
the same, and, in case of a sale, after paying the cost of
forwarding the article, shall pay over the net proceeds to
the commonwealth. Approved May 24, 1935.

328 Acts, 1935. — Chap. 291.

Chap. 291 An Act authorizing the selectmen of the town of

WAKEFIELD TO ACT AS A BOARD OF PUBLIC WORKS EXERCIS-
ING THE POWERS OF CERTAIN OTHER TOWN BOARDS AND
OFFICERS, AND AUTHORIZING THE ELECTION OF SELECT-
MEN FOR THREE YEAR TERMS.

Be it enacted, etc., as follows:

Section 1. The board of selectmen of the town of
Wakefield, as constituted from time to time, from and alter
the annual town election in the year nineteen hundred and
thirty-six, in addition to any powers and duties vested in it
immediately prior to said election, 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: — water
and sewerage board, municipal light board, park and
cemetery board, superintendent of the highway department,
and the superintendent of the moth department, and all the
powers and duties so vested in the board of health which
relate to the care of dumps and the collection of garbage;
and such boards and offices, other than the board of health,
shall thereupon be abolished. No contracts or liabihties
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. In nineteen hundred and thirty-six, as
soon as practicable after the effective date of this act and
thereafter annually in March, the selectmen shall appoint
for a term of one year from April first in the year of appoint-
ment, and fix the compensation of, a director of public
works, who shall administer, under the supervision and
direction of the selectmen, as departments of the town, the
boards and offices of the town in as far as their powers and
duties are transferred to the selectmen under section one.
The selectmen shall also appoint a superintendent of streets
and a manager of the municipal light department, and may,
if they deem it necessary, appoint a superintendent of any
other such department, all of such superintendents and said
manager to act under said director of public works. Said
director shall be responsible to the selectmen for the efficient
administration of all departments 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 political belief, and when
appointed, need not be a resident of the town or of the
commonwealth. During his tenure he shall hold no^ elec-
tive or other appointive office, nor shall he be engaged
directly or indirectly in any other business or occupation.
The selectmen by a majority vote may at any time remove
him for cause, after a hearing or an opportunity therefor;
provided, that a written statement setting forth specific

Acts, 1935. — Chap. 291. 329

reasons for such removal is filed with the town clerk and a
copy thereof delivered to or sent by registered mail to said
director. Such action of the selectmen shall be final.

Section 3. The director of pubHc works shall be the
administrative head of all the departments placed in his
charge as aforesaid. His powers and duties, in addition
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.

(6) To appoint, upon merit and fitness alone, all officers
and employees in said departments, other than the superin-
tendents thereof and said manager of the municipal light
department; subject to the limitations hereinafter con-
tained, to remove all superintendents of said departments,
said manager, and all subordinate officers and employees
in said departments; and to fix the salaries and wages of all
subordinates and employees therein. Neither a superin-
tendent of a department nor said manager shall be removed
by the director 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; nor unless a majority of the select-
men assent, or agree, in writing thereto.

(c) To attend all regular meetings of the selectmen when
requested by them so to do, and to recommend to the select-
men for adoption such measures requiring action by them
or by the town as he may deem necessary or expedient.
• (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
required by the selectmen, to make for publication a synop-
sis 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 and the finance committee, on or before
December thirty-first of each year, a detailed list of the
appropriations required during the next ensuing fiscal year
for the proper conduct of all departments of the town under
his control.

Section 4. At the annual town election in the year
nineteen hundred and thirty-seven, two selectmen shall be
elected for a term of three years, two for two years and one
for one year and, as their respective terms expire, their
successors shall be elected for terms of three years.

Section 5. This act shall be submitted to the regis-
tered voters of the town of Wakefield for acceptance at its
annual town election in the year nineteen hundred and
thirty-six, in the form of the following question, which shall
be placed on the ofl&cial ballot used in the election of town

330 Acts, 1935. — Chap. 292.

officers at said election: "Shall an act passed by the general
court in the year nineteen hundred and thirty-five, authoriz-
ing the selectmen of the town of Wakefield to act as a board
of public works exercising the powers of the water and
sewerage board, municipal light board, park and cemetery
board, superintendent of the highway department and
superintendent of the moth department, and the powers
of the board of health which relate to the care of dumps
and the collection of garbage, and authorizing the election
of selectmen for three year terms, be accepted?"

If a majority of the votes cast in answer to said question
are in the affirmative, this act shall take full effect forth-
with; but not otherwise. Approved May 24, 1935.

Chap. 2^2 An Act authorizing the town of athol to establish a

BOARD OF PUBLIC WORKS EXERCISING THE POWERS OF CER-
TAIN OTHER BOARDS, DEPARTMENTS AND TOWN OFFICERS.

Be it enacted, etc., as follows:

Section 1. There shall be established in the town of
Athol an unpaid board of public works, hereinafter called
the board, to consist of seven members, four of whom shall
be elected annually to serve for one year from the date of
the annual town meeting at which they are elected, and the
other three shall be the members of the board of select-
men then in office, ex-officiis. Each elective member shall
serve until his successor is qualified. The members of the
board shall, forthwith after each annual town election, elect
one of their members to act as chairman for the ensuing year.
In case of a vacancy among the elective members of the
board, the remaining members, if they constitute a quorum,
may fill such vacancy until the next annual town meeting.

Section 2. Upon the quaHfication of the initial mem-
bers of the board, the board shall have all the powers, rights
and duties now or from time to time vested by general or
special law in the following boards, departments and officers
in said town, to wit : — surveyor of highways, water com-
missioners, sewer commissioners, park commission, tree
warden, moth department and cemetery department, and
such boards, departments and offices shall thereupon be
abolished during such time as this act is in effect as to them,
respectively. No contracts or liabilities in force on the
date when this act becomes fully effective shall be affected
by such abolition, but the board shall in all respects be the
lawful successor of the boards, departments and offices
so abolished.

Section 3. The board shall appoint and fix the com-
pensation of a superintendent of public works, who shall
exercise and perform, under its supervision and direction,
such of the powers, rights and duties transferred to it under
section two as it may from time to time designate. He
shall be responsible for the efficient exercise and perform-
ance of^such powers, rights and duties and shall hold office

Acts, 1935. — Chap. 292. 331

subject to the will of the board. He shall be specially
fitted by education, training and experience to perform the
duties of said office, and may or may not be a resident of
the town. During his tenure he shall hold no elective or
other appointive office, nor shall he be engaged in any other
business or occupation. He shall give to the town a bond
with a surety company authorized to transact business in
the commonwealth as surety, for the faithful performance
of his duties, in such sum and upon such conditions as the
board may require, and shall, subject to the approval of
the board, appoint such assistants, agents and employees
as the exercise and performance of his powers, rights and
duties may require. He shall keep full and complete
records of the doings of his office and render to the board as
often as it may require a full report of all operations under
his control during the period reported upon; and annually,
and from time to time as required by the board, he shall
make a synopsis of such reports for publication. He shall
keep the board fully advised as to the needs of the town
within the scope of his duties and shall furnish to the board
on or before December tenth in each year, a carefully
prepared and detailed estimate in writing of the appropria-
tions required during the next succeeding fiscal year for the
proper exercise and performance of all said powers, rights
and duties.

Section 4, The town may rescind all or any part of the
action taken by it in pursuance of this act if the town so
votes by a majority vote of the legal voters present and
voting thereon by ballot in their respective precincts at any
town meeting held after three years following the annual
town election at which this act becomes fully effective and
at least thirty days before the annual town election next
to be held after such meeting, and thereupon said town shall,
at said next annual town election, nominate and elect such
officers as are necessary to exercise and perform such of the
powers, rights and duties transferred to the board under
section two as are affected by such later vote.

Section 5. This act shall be submitted for acceptance
to the legal voters of said town, present and voting thereon
by ballot in their respective precincts at the annual town
election in the year nineteen hundred and thirty-six, in
the form of the following question which shall be placed
on the official ballot to be used for the election of town
officers at said election: — "Shall an act passed by the
general court in the year nineteen hundred and thirty-five,
entitled 'An Act authorizing the Town of Athol to establish
a Board of Public Works exercising the Powers of Certain
Other Boards, Departments and Town Officers', be ac-
cepted?" If a majority of the votes cast in answer to such
question are in the affirmative, this act shall become fully
effective beginning with, and for the purposes of, the annual
town election in the year nineteen hundred and thirty-
seven; but not otherwise. Approved May 24, 1935.

332

Acts, 1935. — Chaps. 293, 294.

Chap. 293 An Act providing for the restoring of certain em-
ployees TO THE FULL BENEFITS OF THE STATE RETIRE-
MENT system.

Be it enacted, etc., as follows:

Irene B. Allen, Eugene Brimmer, Arthur W. Flint and
Henry Haeberle, all of whom hold office or employment in
the division of banks and loan agencies in the department of
banking and insurance, but who were formerly for con-
siderable periods of time absent from the service of the
commonwealth on leaves of absence granted to enable
them to serve under the commissioner of banks in the
liquidation of certain banking corporations and to receive
their compensation from the funds of such corporations,
may deposit in the annuity and pension fund of the state
retirement association the amounts which they, respectively,
would have contributed to said fund had they been in the
employment of the commonwealth during the periods
comprised in their respective leaves of absence, with such
interest, if any, as the state board of retirement may de-
termine to be just. The state treasurer shall receive such
sums, and upon such payments the persons above named
shall, respectively, be entitled to all the rights and privi-
leges of members of the state retirement association which
they would have enjoyed if they had been continuously
employed by the commonwealth and had contributed such
amounts to said fund during such respective periods.

Approved May £4, 1985.

C/iap. 294 An Act relative to the exemption from taxation of

PROPERTY OF CERTAIN PERSONS.

Be it enacted, etc., as follows:

Section five of chapter fifty-nine of the General Laws
is hereby amended by striking out clause seventeenth, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following: —

Seventeenth, Real Estate, to the value of two thousand
dollars, of a widow, of a person over the age of seventy-
five, or of any minor whose father i^ deceased, occupied by
such widow, person or minor as her or his domicile, pro-
vided, that the whole estate, real and personal, of such
widow, person or minor does not exceed in value the sum
of two thousand dollars, exclusive of property otherwise
exempt under the twelfth, twentieth and twenty-first clauses
of this section and exclusive of the value of the mortgage
interest held by persons other than the person or persons
to be exempted in such mortgaged real estate as may be
included in such whole estate ; but if, the value of such whole
estate being less than two thousand dollars, the combined
value thereof and of such mortgage interest exceeds two

G. L. (Ter.
Ed), 59, J 5,
amended.

Property up
to two thou-
eand dollars
of certain
persons exempt
from taxation.

Acts, 1935. — Chap. 295.

333

thousand dollars, the amount so exempted shall be two
thousand dollars. No real estate shall be so exempt which
the assessors shall adjudge has been conveyed to such
widow, person or minor to evade taxation. A widow,
person or minor aggrieved by any such judgment may
appeal to the county commissioners or to the board of tax
appeals within the time and in the manner allowed by sec-
tion sixty-four or sixty-five, as the case may be.

Approved May 24, 1935.

An Act further regulating the calling out of the
militia as an aid to the civil power of the common-
WEALTH.

Be it enacted, etc., as follows:

Section 1. Chapter thirty-three of the General Laws
is hereby amended by inserting after section twenty-five,
as appearing in the Tercentenary Edition, the following new
section: — Section 25 A. In case of a tumult, riot, mob or a
body of persons acting together by force to violate or resist
the laws of the commonwealth, or when such tumult, riot
or mob is threatened, and the usual police provisions are
inadequate to preserve order and afford protection to
persons and property, and the fact appears to the com-
mander-in-chief, to the sheriff of a county, to the mayor
of a city or to the selectmen of a town, the commander-in-
chief, upon his initiative or at the request of such sheriff,
mayor or selectmen, may issue his order directed to any
commander of a brigade, regiment, naval brigade or bat-
talion, battalion, squadron, corps of cadets or company,
directing him to order his command, or any part thereof, to
appear at a time and place therein specified to aid the civil
authority in suppressing such violations and supporting
the laws.

Section 2. Section twenty-six of said chapter thirty-
three, as so appearing, is hereby amended by striking out
all before the word "case" in the third Hne and inserting
in place thereof the word: — In, — by striking out, in the
fourth line, the word "or", and inserting in place thereof
the following: — other than one referred to in section
twenty-five A and, — by striking out, in the thirteenth
line, the words "suppressing such violations" and inserting
in place thereof the words: — preserving order, affording
such protection, — and by striking out, in the sixth line
of the form of precept, the words "in suppressing the same",
— so as to read as follows: — Section 26. In case of
public catastrophe other than one referred to in section
twenty-five A and when the usual police provisions are
inadequate to preserve order and afford protection to
persons and property, and the fact appears to the com-
mander-in-chief, to the sheriff of a county, to the mayor
of a city or to the selectmen of a town, the commander-in-

Chap.295

G. L. (Ter.
Ed.), 33, new
section 25A,
added.

Militia to aid
civil power in
case of riot,
etc.

G. L. (Ter.
Ed.). 33, § 26,
amended.

Same subject.

334

Acts, 1935. — Chap. 295.

chief may issue his order, or such sheriff, mayor or select-
men may issue a precept, directed to any commander of a
brigade, regiment, naval brigade or battalion, battalion,
squadron, corps of cadets or company, within the jurisdic-
tion of the officer issuing such order or precept, directing
him to order his command, or any part thereof, to appear
at a time and place therein specified to aid the civil authority
in preserving order, affording such protection and support-
ing the laws; which precept shall be in substance as fol-
lows:

Commonwealth of Massachusetts.

To (insert the officer's title) A.B., commanding (insert his command).

Whereas, It appears to (the sheriff, mayor or the selectmen) of the
(county, city or town) of , that (here state one or more of the causes

above mentioned) in our of , and that

military force is necessary to aid the civil authority: Now, therefore,
we command you that you cause (the command or such part thereof as
may be desired), armed and equipped with ammunition and with proper
officers, to parade at , on then and

there to obey such orders as may be given according to law. Hereof
fail not at your peril, and have you there this precept with your doings
returned thereon.

G. L. (Ter.
Ed.), 33, § 31,
amended.

No liability for
acts done
under orders.

G. L. (Ter.
Ed.). 33. § 32,
amended.
Expense of
service, how
paid.

This precept shall be signed by the sheriff, mayor or
selectmen, and may be varied to suit the circumstances of
the case; and a copy of the same shall immediately be
forwarded by the sheriff, mayor or selectmen to the com-
mander-in-chief.

Section 3. Section thirty-one of said chapter thirty-
three, as so appearing, is hereby amended by inserting
after the word "twenty-five" in the third Hne the follow-
ing:— , twenty-five A, — so as to read as follows: —
Section 31. No officer or soldier shall be liable, either
civilly or criminally, for any injury to persons or oroperty
caused by him or by his order, while serving under section
twenty-five, twenty-five A or twenty-six and acting in
obedience to and in execution of any orders received from
the persons, and in the manner, prescribed by this chapter,
unless the act or order causing such injury was manifestly
beyond the scope of the authority of such officer or soldier.

Section 4. Said chapter thirty-three is hereby further
amended by striking out section thirty-two, as so appear-
ing, and inserting in place thereof the following: — Section
32. Upon the termination of any service of the land or
naval forces at the call of the sheriff of a county, the mayor
of a city or the selectmen of a town, or at the call of the
commander-in-chief at the request of such sheriff, mayor or
selectmen, under the eight preceding sections, the adjutant
general shall certify to the state treasurer the expense of said
service, and the state treasurer shall thereupon assess
said expense upon any such city or town as an addition to
its share of the state tax next to be assessed, or shall col-
lect said expense from the treasurer of any such county,
as the case may be.

Acts, 1935. — Chap. 296.

335

Section 5. Said chapter thirty-three is hereby further
amended by striking out section thirty-three, as so appear-
ing, and inserting in place thereof the following : — Section
S3. When the entire organized militia has been called
out under section twenty-five, twenty-five A or twenty-six
and a further force is required, it shall be taken from the
unorganized militia, as provided in section eight.

Section 6. Section thirty-four of said chapter thirty-
three, as so appearing, is hereby amended by inserting after
the word "twenty-five" in the third line the following: — ,
twenty-five A, — so as to read as follows: — Section 34.
No officer or soldier of the volunteer militia, not on leave
of absence or furlough, shall be excused from duty when
called or ordered out under section twenty-five, twenty-five
A or twenty-six, except upon a physician's certificate of
disability. If an officer or soldier is absent without leave
and does not produce such certificate to his commanding
officer, he shall be tried by court-martial for desertion, or
absence without leave. Sickness shall not be an excuse
unless he procures a certificate or satisfies the court-
martial that he was unable to procure the same.

Approved May 27, 1936.

G. L. (Ter.
Ed.), 33, § 33,
amended.
Additional
force to be
taken from
unorganized
militia.

G. L. (Ter.
Ed.), 33, § 34,
amended.

Excuse from
duty, etc.

amended.

An Act authorizing cancellation of policies or bonds QIkuj 296
under the compulsory motor vehicle liability in- ^'

surance law, so called, upon filing of a new cer-
tificate of insurance thereunder.

Be it enacted, etc., as follows:

Section 1. Provision (2) A of section one hundred and g. l. (Ter.
thirteen A of chapter one hundred and seventy-five of the ftisAye'tc,
General Laws, inserted by section two of chapter one hun-
dred and forty-five of the acts of nineteen hundred and
thirty-three, is hereby amended by inserting after the word
"policy" in the eighth line the words: — , or upon the
filing of a certificate as defined in section thirty-four A of
chapter ninety of another company covering the same motor
vehicle or trailer, — so as to read as follows: — (2) A.
That the policy shall terminate upon a sale or transfer by
the owner thereof of the motor vehicle or trailer covered
thereby, or upon his surrender to the registrar of motor
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, or upon the filing of a certificate
as defined in section thirty-four A of chapter ninety of
another company covering the same motor vehicle or trailer,
and that upon a termination of the policy as aforesaid, the
insured shall, if he has paid the premium on the policy as
provided in provision (2), be entitled to receive a return
premium computed as in the case of a cancellation of the
policy by the insured under said provision (2) .

Cancellation of
policies, etc.,
upon filing
new certificate.

336

Acts, 1935. — Chap. 297.

Application
of act.

Section 2. The provisions of this act shall not apply-
to motor vehicle liability policies and bonds, both as defined
in 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 cur-
rent year or any part thereof. Approved May 27, 1935.

Chap. 297 An Act regulating sales of stocks, bonds and other

SECURITIES OF CORPORATIONS TO THEIR EMPLOYEES.

G. L. (Ter.
Ed.), 155, § 1,
amended.

Scope of
chapter.

G. L. (Ter.
Ed.). 155, new
section 23A,
added.

Sale of stock
to employees
regulated.

Act not to
affect certain
rights of
employees.

Beit enacted, etc., as follows:

Section 1. Chapter one hundred and fifty-five of the
General Laws is hereby amended by striking out section
one, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following: — Section 1. The provi-
sions of this chapter, unless expressly limited in their
application, shall apply to all corporations created by or
organized under the laws of the commonwealth, except
in so far as they are inconsistent with other provisions of
law relative to particular corporations or classes of corpora-
tions, and such provisions shall apply to all corporations
created by or organized under laws other than those of the
commonwealth so far as they are made applicable to them
by reference in this or any other chapter. In this chapter,
unless the context otherwise requires, "commissioner"
means the commissioner of corporations and taxation.

Section 2. Said chapter one hundred and fifty-five
is hereby further amended by inserting after section twenty-
three, as so appearing, the following new section : — Section
23 A. No corporation shall sell, or offer for sale, any of its
capital stock, or any bonds or other securities representing
an obligation of such corporation, to any of its employees
other than those who are also officers thereof, unless such
corporation has received general authority in writing from
the securities division of the department of public utilities
to make such sales; and said division may, at any time,
for cause, cancel such general authority. Said division may
require of the department of corporations and taxation such
information as may be helpful to it in acting hereunder.
Upon an information in equity, in the name of the attorney
general, at the relation of said division, the supreme judi-
cial court may enjoin a corporation violating any provision
of this section from doing business in the commonwealth.
This section shall apply also to corporations created by or
organized under laws other than those of the common-
wealth.

Section 3. This act shall not affect the right of any
employee of a corporation, who on the effective date
thereof is the holder of any security of such corporation,
to purchase additional securities which he may be entitled
to purchase by reason of being such a holder.

Approved May 27, 1935.

Acts, 1935. — Chaps. 298, 299. 337

An Act authorizing the county of Hampshire to pro- QJiav 298

VIDE A pension FOR CHARLES EDWARD TILL.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Hampshire shall, upon his retirement from employment by
the county, pay to Charles Edward Till of Northampton,
for forty-seven years an employee of said county at the
court house in Northampton, an annual pension of six
hundred and fifty dollars payable in equal monthly install-
ments during the remainder of his life.

Section 2. This act shall take effect upon its accep-
tance during the current year by the commissioners of said
county. Approved May 27, 1936.

An Act making appropriations for the maintenance of QJidrt 299

certain counties, for INTEREST AND DEBT REQUIRE- ^'

MENTS, FOR CERTAIN PERMANENT IMPROVEMENTS, AND
GRANTING A COUNTY TAX FOR SAID COUNTIES.

Be it enacted, etc., as follows:

Section 1. The following sums are hereby appro-
priated for the counties hereinafter specified for the year
nineteen hundred and thirty-five. No direct drafts against
the account known as the reserve fund shall be made,
but transfers from this account to other accounts may be
made to meet extraordinary or unforeseen expenditures
upon the request of the county commissioners and with the
approval of the director of accounts.

Section 2.

Barnstable County.
Item

1 For interest on county debt, a sum not exceeding five

thousand three hundred eighty-nine dollars and

fifty cents $5,389 50

2 For reduction of coimty debt, a sum not exceeding

twenty-one thousand nine hundred and seventy-
five doUars 21,975 00

3 For salaries of county officers and assistants, a sum

not exceeding twenty thousand six hundred and

eighty dollars 20,680 00

4 For clerical assistance in county offices, a sum not

exceeding ten thousand seven hundred and sixty

dollars 10,760 00

5 For salaries and expenses of district courts, a sum not

exceeding twenty-one thousand six hundred dollars 21,600 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, a

sum not exceeding twenty-four thousand three hun-^i( i^

dred and fifty dollars 24,350 00

338 Acts, 1935. — Chap. 299.

Item

7 For criminal costs in superior court, a sum not exceed-

ing eight thousand dollars ..... $8,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding nine

thousand three hundred dollars .... 9,300 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

five hundred dollars 1,500 00

1 1 For medical examiners, inquests, and commitments of

insane, a sum not exceeding one thousand five hun-
dred dollars 1,500 00

12 For auditors, masters and referees, a sum not exceed-

ing seven thousand five hundred dollars . . 7,600 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding seven thousand dollars . 7,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding fourteen thousand dollars . . . 14,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred six

thousand nine hundred and fifty dollars . . 106,950 00

17 For law libraries, a sum not exceeding seven hundred

and fifty dollars 750 00

18 For training school, a sum not exceeding two hundred

and fifty dollars 250 00

19 For coimty aid to agriculture, a sum not exceeding

twelve thousand three hundred and eighty-six

dollars 12,386 00

20 For sanatorium, a sum not exceeding fifty-nine thou-

sand dollars 59,000 00

20a For health service, a sum not exceeding eleven thou-
sand four hundred and eighty dollars . . . 11,480 00

21 For state fire patrol, a sum not exceeding one thou-

sand three hundred dollars .... 1,300 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding one thousand nine

hundred dollars 1,900 00

23a For unpaid bills of previous years, a sum not exceed-
ing four thousand two hundred dollars . . 4,200 00

23b For a police training school, a sum not exceeding one

thousand dollars 1,000 00

24 For a reserve fund, a sum not exceeding five thousand

dollars 5,000 00

And the county commissioners of Barnstable county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner pro-
vided by law, the sum of two hundred twenty-three
thousand four hundred seventy-two dollars and
forty-two cents, to be expended together with the
cash balance on hand and the receipts from other
sources, for the above purposes .... $223,472 42

Berkshire County.

1 For interest on county debt, a sum not exceeding

three thousand dollars ..... $3,000 00

2 For reduction of county debt, a sum not exceeding

seventeen thousand dollars .... 17,000 00

3 For salaries of county officers and assistants, a sum

not exceeding twenty-nine thousand seven hundred
^ and twenty dollars 29,720 00

4 For clerical assistance in county offices, a sum not ex-

ceeding thirteen thousand five hundred dollars . 13,500 00

5 For salaries and expenses of district courts, a sum not

exceeding forty-six thousand dollars . . . 46,000. 00

Acts, 1935. — Chap. 299. 339

Item

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction,

a sum not exceeding thirty-five thousand dollars . $35,000 00

7 For criminal costs in superior court, a sum not exceed-

ing nine thousand five hundred dollars . . 9,500 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding fifteen

thousand dollars 15,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

five hundred dollars ...... 1,500 00

1 1 For medical examiners, inquests and commitments of

insane, a sum not exceeding four thousand five

hundred dollars 4,500 00

12 For auditors, masters and referees, a sum not exceed-

ing two thousand dollars ..... 2,000 00

14 For repairing, furnishing and improving coimty build-

ings, a sum not exceeding ten thousand dollars . 10,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding nineteen thousand dollars . . . 19,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred
twenty-nine thousand four hundred fifty dollars . 129,450 00
16a For examination of dams, a sum not exceeding one

thousand five hundred dollars .... 1,500 00

17 For law libraries, a sum not exceeding three thousand

dollars 3,000 00

18 For training school, a sum not exceeding one thou-

sand dollars 1,000 00

19 For county aid to agriculture, a sum not exceeding

eleven thousand five hundred dollars . . . 11,500 00

20 For the sanatorium (Hampshire County), a sum not

exceeding nine thousand dollars .... 9,000 00

21 For the care and maintenance of Greylock state reser-

vation, a sum not exceeding eleven thousand five

hundred dollars 11,500 00

21a For the care and maintenance of Mount Everett state
reservation, a sum not exceeding one thousand
dollars 1,000 00

22 For pensions, a sum not exceeding eight hundred and

five dollars 805 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding two thousand five

hundred dollars 2,500 00

23a For unpaid bills of previous years, a sum not exceed-
ing one thousand five hundred dollars . . 1,500 00

24 For a reserve fund, a sum not exceeding five thousand

dollars 5,000 00

And the county commissioners of Berkshire county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner pro-
vided by law, the sum of three hundred fifty-two
thousand six hundred sixteen dollars and eighty-
five cents, to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes .... $352,616 85

Bristol County.

1 For interest on county debt, a sum not exceeding eight

thousand dollars $8,000 00

2 For reduction of county debt, a sum not exceeding

forty-four thousand dollars .... 44,000 00

340 Acts, 1935. — Chap. 299.

Item

3 For salaries of county officers and assistants, a sum

not exceeding forty-seven thousand five hundred

dollars $47,500 00

4 For clerical assistance in county offices, a sum not ex-

ceeding thirty-six thousand eight hundred dollars . 36,800 00

5 For salaries and expenses of district courts, a sum not

exceeding one hundred and ten thousand dollars . 110,000 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, a
sum not exceeding seventy-three thousand two hun-
dred and forty dollars 73,240 00

7 For criminal costs in superior court, a sum not exceed-

ing fifty thousand dollars . . . . . 50,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding forty

thousand dollars 40,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

five hundred dollars ...... 1,500 00

11 For medical examiners, inquests and commitments of

the insane, a sum not exceeding seventeen thousand

dollars 17,000 00

12 For auditors, masters and referees, a sum not exceed-

ing nine thousand dollars ..... 9,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding fourteen thousand dollars 14,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jaUs and houses of correction, a sum not

exceeding forty-seven thousand dollars . . 47,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding thirty-one

thousand five hundred and twenty-five dollars . 31,525 00

17 For law libraries, a sum not exceeding seven thousand

dollars 7,000 00

18 For training school, a sum not exceeding six thousand

four hundred dollars ..... 6,400 00

19 For the agricultural school, a sum not exceeding fifty-

four thousand dollars ..... 54,000 00

22 For pensions, a sum not exceeding ten thousand

dollars 10,000 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding one thousand two

hundred dollars 1,200 00

23a For unpaid bills of previous years, a sum not exceed-
ing seven thousand dollars .... 7,000 00

24 For a reserve fund, a sum not exceeding five thousand

dollars 5,000 00

And the county commissioners of Bristol county are
hereby authorized to levy as the county tax of said
county for the current year, in the manner provided
by law, the sum of four hundred eighty-one thou-
sand eight hundred and forty-eight dollars, to be
expended, together with the cash balance on hand
and the receipts from other sources, for the above
purposes $481,848 00

County of Dukes County.

1 For interest on county debt, a sum not exceeding two

thousand dollars $2,000 00

2 For reduction of county debt, a sum not exceeding

twelve thousand one hundred fifty dollars and

forty-five cents ...... 12,150 45

3 For salaries of county officers and assistants, a sum

not exceeding sixty-one hundred dollars . . 6,100 00

Acts, 1935. — Chap. 299. 341

Item

4 For clerical assistance in county offices, a sum not

exceeding one thousand eight hundred dollars . $1,800 00

5 For salaries and expenses of district courts, a sum not

exceeding four thousand dollars .... 4,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correc-
tion, a sum not exceeding one thousand five him-
dred dollars 1,500 00

7 For criminal costs in superior court, a sum not exceed-

ing one thousand five hundred dollars . . 1,500 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding one thou-
sand five hundred dollars ..... 1,500 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding three hundred

dollars 300 00

1 1 For medical examiners, inquests and commitments of

insane, a sum not exceeding three hundred dollars . 300 00

12 For auditors, masters and referees, a sum not exceed-

ing three hundred dollars ..... 300 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding three thousand dollars . 3,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding three thousand three hundred dollars. . 3,300 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding eighteen thou-
sand dollars 18,000 00

17 For law library, a sum not exceeding two himdred and

fifty dollars 250 00

19 For county aid to agriculture, a sum not exceeding

four hundred and twenty-five dollars . . . 425 00

20 For the sanatorium (Barnstable County), a sum not

exceeding five thousand five hundred dollars 5,500 00

21 For the Gay Head reservation, a sum not exceeding

one hundred dollars ...... 100 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding five hundred dollars 500 00

23a For unpaid bills of previous years, a sum not exceed-
ing five hundred and fifty dollars . . . 550 00

24 For a reserve fund, a sum not exceeding five hundred

dollars 500 00

And the county commissioners of the county of Dukes
County are hereby authorized to levy as the county
tax of said county for the current year, in the man-
ner provided by law, the sum of fifty-two thousand
five hundred fifty-three dollars and thirty cents, to
be expended together with the cash balance on
hand and the receipts from other sources, for the
above purposes ...... $52,553 30

Essex County.

1 For interest on county debt, a sum not exceeding two

thousand six hundred dollars .... $2,600 00

2 For reduction of county debt, a sum not exceeding

thirty-three thousand dollars .... 33,000 00

3 For salaries of county officers and assistants, a sum

not exceeding sixty-one thousand one hundred

dollars 61,100 00

4 For clerical assistance in county offices, a sum not

exceeding one hundred and four thousand dollars . 104,000 00

5 For salaries and expenses of district courts, a sum not

exceeding one hundred ninety-six thousand and

fifty doUars 196,050 00

342 Acts, 1935. — Chap. 299.

Item

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correc-
tion, a sum not exceeding ninety-four thousand
doUars $94,000 00

7 For criminal costs in superior court, a sum not exceed-

ing seventy-five thousand dollars . . . 75,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding seventy-
two thousand dollars 72,000 00

9 For trial justices, a sum not exceeding five thousand

two hundred dollars 5,200 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

eight hundred doUars 1,800 00

11 For medical examiners, inquests and commitments of

insane, a sum not exceeding fifteen thousand dollars 15,000 00

12 For auditors, masters and referees, a sum not exceed-

ing thirty thousand dollars .... 30,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding twenty-one thousand

seven hundred dollars ..... 21,700 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding sixty-eight thousand one hundred doUars 68,100 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding two hundred
thirty-two thousand dollars .... 232,000 00
16a For the payment of a portion of the county's share of
the cost of construction of the Falls Bridge, author-
ized under chapter three hundred and sixty-nine of
the acts of nineteen hundred and thirty-four, a sum
not exceeding fifty thousand dollars . . . 50,000 00

17 For law libraries, a sum not exceeding eleven thou-

sand dollars 11,000 00

18 For training school, a sum not exceeding fifty thou-

sand dollars 50,000 00

19 For maintenance of the independent agricultural

school, a sum not exceeding one hundred fifty-seven
thousand and sixty dollars ..... 157,060 00
19a For equipment of the independent agricultural school,
a sum not exceeding two thousand eight hundred
dollars 2,800 00

22 For pensions, a sum not exceeding seven thousand

dollars . . . 7,000 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding five thousand dollars 5,000 00
23a For unpaid bills of previous years, a sum not exceed-
ing two thousand dollars ..... 2,000 00

24 For a reserve fund, a sum not exceeding ten thousand

dollars 10,000 00

And the county commissioners of Essex county are
hereby authorized to levy as the county tax of said
county for the current year, in the manner provided
by law, the sum of nine hundred seventy-five thou-
sand dollars, to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes .... $975,000 00

Franklin County.

1 For interest on county debt, a sum not exceeding fif-

teen thousand five hundred dollars . " . . $15,500 00

2 For reduction of county debt, a sum not exceeding

twenty-five thousand dollars .... 25,000 00

Acts, 1935. — Chap. 299. 343

Item

3 For salaries of county officers and assistants, a sum

not exceeding eighteen thousand six hundred

twenty dollars $18,620 00

4 For clerical assistance in county offices, a sum not

exceeding eight thousand twenty dollars . . 8,020 00

5 For salaries and expenses of district courts, a sum not

exceeding seventeen thousand two hundred dollars 17,200 00

6 For salaries of jailers, masters and assistants and sup-

port of prisoners in jails and houses of correction, a
sum not exceeding twenty-five thousand seven hun-
dred dollars 25,700 00

7 For criminal costs in superior court, a sum not ex-

ceeding nine thousand dollars .... 9,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding ten thou-
sand dollars 10,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding five hundred

and fifty dollars 550 00

11 For medical examiners, inquests and commitments

of insane, a sum not exceeding one thousand eight

hundred dollars 1,800 00

12 For auditors, masters and referees, a sum not exceed-

ing one thousand two hundred dollars . . . 1,200 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding four thousand dollars . 4,000 00

15 For care, fuel, lights and supplies in countj^ buildings,

other than jails and houses of correction, a sum not

exceeding fifteen thousand dollars . . . 15,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding forty thousand

dollars 40,000 00

16a For examination of dams, a sum not exceeding five

hundred dollars ' 500 00

17 For law libraries, a sum not exceeding two thousand

eight hundred dollars 2,800 00

19 For county aid to agriculture, a sum not exceeding

ten thousand three hundred dollars . . . 10,300 00

20 For the sanatorium (Hampshire County), a sum not

exceeding eleven thousand thirty-six dollars and

ten cents ....... 11,036 10

20a For the Greenfield health camp (chapter 354, Acts of

1928), a sum not exceeding two thousand dollars . 2,000 00

21 For the Mount Sugar Loaf state reservation, a sum

not exceeding one thousand nine hundred dollars . 1,900 00

22 For pensions, a sum not exceeding twenty-seven dol-

lars and forty-eight cents ..... 27 48

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding one thousand eight

hundred dollars 1,800 00

23a For unpaid bills of previous years, a sum not exceed-
ing five hundred dollars ..... 500 00

24 For a reserve fund, a sum not exceeding three thou-

sand dollars 3,000 00

And the county commissioners of Franklin county are
hereby authorized to levy as the county tax of said
county for the current year, in the manner provided
by law, the sum of one hundred ninety-eight thou-
sand seven hundred fifty-six dollars and eighty-four
cents, to be expended, together with the cash bal-
ance on hand and the receipts from other sources,
for the above purposes ..... $198,756 84

344 Acts, 1935. — Chap. 299.

Hampden County.

Item

1 For interest on county debt, a sum not exceeding

fifty-seven thousand dollars. .... $57,000 00

2 For reduction of county debt, a sum not exceeding one

hundred and thirty thousand dollars . . . 130,000 00

3 For salaries of county officers and assistants, a sum

not exceeding forty-eight thousand dollars . . 48,000 00

4 For clerical assistance in county offices, a sum not

exceeding fifty thousand dollars .... 50,000 00

5 For salaries and expenses of district courts, a sum not

exceeding one hundred and thirteen thousand dol-
lars 113,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correc-
tion, a sum not exceeding eighty-five thousand
dollars 85,000 00

7 For criminal costs in superior court, a sum not exceed-

ing thirty-five thousand dollars .... 35,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding fifty

thousand dollars 50,000 00

9 For trial justices, a sum not exceeding two thousand

dollars 2,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

dollars 1,000 00

11 For medical examiners, inquests and commitments of

the insane, a sum not exceeding twelve thousand

dollars 12,000 00

12 For auditors, masters and referees, a sum not exceed-

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

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding six thousand dollars . 6,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding sixty-two thousand dollars . . . 62,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred
fifty-nine thousand five hundred dollars . . 159,500 00

16a For examination of dams, a sum not exceeding three

thousand dollars 3,000 00

17 For law hbraries, a sum not exceeding eight thousand

five hundred dollars 8,500 00

18 For training school, a sum not exceeding twenty-seven

thousand dollars 27,000 00

19 For county aid to agriculture, a sum not exceeding

forty-five thousand dollars ..... 45,000 00

20 For the sanatorium (Hampshire County), a sum not

exceeding seventeen thousand six hundred fifty-
seven dollars and seventy-five cents . . . 17,657 75
20a For the preventorium, a sum not exceeding three

thousand dollars 3,000 00

21 For Mount Tom state reservation, a sum not exceed-

ing twelve thousand seven hundred ninety-seven

dollars and ninety-three cents .... 12,797 93

22 For pensions, a sum not exceeding four thousand

dollars 4,000 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding four thousand
five hundred ninety-nine dollars and eighty cents . 4,599 80

23a For unpaid bills of previous years, a sum not exceed-
ing one thousand dollars ..... 1,000 00

24 For a reserve fund, a sum not exceeding ten thousand

dollars 10,000 00

Acts, 1935. — Chap. 299. 345

Item

And the county commissioners of Hampden county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the sum of seven hundred ninety-
nine thousand five hundred seventy-three dollars
and seventy cents, to be expended, together with
the cash balance on hand and the receipts from
other sources, for the above purposes . . , $799,573 70

Hampshire County.

1 For interest on county debt, a sum not exceeding six

thousand dollars $6,000 00

2 For reduction of county debt, a sum not exceeding

twenty thousand five hundred dollars . . . 20,500 00

3 For salaries of county officers and assistants, a sum

not exceeding twenty thousand dollars . . . 20,000 00

4 For clerical assistance in county offices, a sum not ex-

ceeding eleven thousand five hundred dollars . 11,500 00

5 For salaries and expenses of district courts, a sum not

exceeding twenty-six thousand dollars . . . 26,000 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction,
a sum not exceeding twenty-four thousand five
hundred dollars 24,500 00

7 For criminal costs in superior court, a sum not exceed-

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

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding twelve

thousand dollars 12,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

dollars 1,000 00

1 1 For medical examiners, inquests and commitments of

insane, a sum not exceeding three thousand dollars 3,000 00

12 For auditors, masters and referees, a sum not exceed-

ing three thousand dollars ..... 3,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding four thousand five hun-
dred dollars 4,500 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding fifteen thousand five hundred dollars . 15,500 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding fifty-three thou-
sand two hundred thirty dollars . . . 53,230 00

17 For law libraries, a sum not exceeding one thousand

two hundred dollars 1,200 00

19 For county aid to agriculture, a sum not exceeding

eleven thousand dollars ..... 11,000 00

20 For the sanatorium, a sum not exceeding eight thou-

sand dollars 8,000 00

20a For the preventorium, a sum not exceeding one thou-
sand five hundred dollars ..... 1,500 00

21 For state reservations, a sum not exceeding two thou-

sand two hundred forty-four dollars and seventy

cents 2,244 70

22 For pensions, a sum not exceeding three thousand two

hundred and fifty dollars 3,250 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding four thousand dollars 4,000 00
23a For unpaid bills of previous years, a sum not exceed-
ing four hundred twenty-nine dollars and twenty-
six cents 429 26

24 For a reserve fund, a sum not exceeding four thou-

sand dollars 4,000 00

346 Acts, 1935. — Chap. 299.

Item

And the county commissioners of Hampshire county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the sum of two hundred fourteen
thousand two hundred sixty-six dollars and ninety-
seven cents, to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes .... $214,266 97

Middlesex County.

1 For interest on county debt, a sum not exceeding

fifty-nine thousand one hundred dollars . . $59,100 00

2 For reduction of county debt, a sum not exceeding

two hundred and thirty-eight thousand dollars . 238,000 00

3 For salaries of county officers and assistants, a sum

not exceeding eighty thousand dollars . . . 80,000 00

4 For clerical assistance in county offices, a sum not ex-

ceeding two hundred and forty-five thousand

dollars 245,000 00

5 For salaries and expenses of district courts, a sum not

exceeding three hundred and fifty thousand dollars 350,000 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction,
a sum not exceeding two hundred seventy thousand
six hundred dollars 270,600 00

7 For criminal costs in superior court, a sum not exceed-

ing two hundred and five thousand dollars . . 205,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding one hun-
dred and fifteen thousand dollars . . . 115,000 00

9 For trial justices, a sum not exceeding one thousand

dollars 1,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

eight hundred dollars 1,800 00

11 For medical examiners, inquests and commitments of

insane, a sum not exceeding thirty-two thousand

dollars 32,000 00

12 For auditors, masters and referees, a sum not exceed-

ing forty thousand dollars ..... 40,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding fifty-five thousand dollars 55,000 00

15 For care, fuel, lights and suppHes in county buildings

other than jails and houses of correction, a sum not

exceeding one hundred and twenty thousand dollars 120,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding three hundred

fifty thousand dollars 350,000 00

17 For law libraries, a sum not exceeding eleven thousand

dollars 11,000 00

18 For training school, a sum not exceeding sixty-four

thousand dollars 64,000 00

19 For county aid to agriculture, a sum not exceeding

thirty-seven thousand dollars .... 37,000 00

21 For Walden Pond state reservation, a sum not exceed-

ing fifteen thousand five hundred dollars . . 15,500 00

22 For pensions, a sum not exceeding thirty thousand

dollars 30,000 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding seven thousand two

hundred dollars 7,200 00

23a For unpaid bills of previous years, a sum not exceeding

two thousand dollars 2,000 00

24 For a reserve fund, a sum not exceeding twelve thou-

sand dollars 12,000 00

Acts, 1935. — Chap. 299. 347

Item

And the county commissioners of Middlesex county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner pro-
vided by law, the sum of one million nine hundred
fifty-four thousand nine hundred ninety-three
dollars and seventy-one cents, to be expended,
together with the cash balance on hand and the
receipts from other sources, for the above purposes$l,954,993 71

Norfolk County.

1 For interest on county debt, a sum not exceeding

three thousand dollars $3,000 00

2 For reduction of county debt, a sum not exceeding

sixteen thousand five hundred forty-four dollars

and twelve cents ...... 16,544 12

3 For salaries of county officers and assistants, a sum

not exceeding thirty-six thousand dollars . . 36,000 00

4 For clerical assistance in county offices, a sum not

exceeding seventy-six thousand five hundred dollars 76,500 00

5 For salaries and expenses of district and municipal

courts, a sum not exceeding one hundred thirty-two

thousand dollars 132,000 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, a

sum not exceeding seventy thousand dollars . 70,000 00

7 For criminal costs in superior court, a sum not exceed-

ing seventy thousand dollars .... 70,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding forty-
eight thousand dollars 48,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding nine hundred

dollars . . 900 00

11 For medical examiners, inquests and commitments of

the insane, a sum not exceeding twelve thousand

five hundred doUars 12,500 00

12 For auditors, masters and referees, a sum not exceed-

ing twenty-five thousand dollars . . . 25,000 00

13 For building county buildings and purchase of land,

a sum not exceeding thirty thousand dollars . 30,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding seventeen thousand five

hundred dollars 17,500 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding sixty-three thousand dollars . . . 63,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding fifty-four thou-
sand dollars 54,000 00

17 For law libraries, a sum not exceeding two thousand

dollars 2,000 00

18 For training school, a sum not exceeding six thousand

dollars 6,000 00

19 For the agricultural school, a sum not exceeding sixty-

nine thousand seven hundred ninety-five dollars . 69,795 00

22 For pensions, a sum not exceeding twelve thousand

dollars 12,000 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding three thousand three
hundred eighty-eight dollars and forty-six cents . 3,388 46

23a For unpaid bills of previous years, a sum not exceed-
ing three thousand dollars ..... 3,000 00

24 For a reserve fund, a sum not exceeding nine thou-

sand dollars 9,000 00

348 Acts, 1935. — Chap. 299.

Item

And the county commissioners of Norfolk county are
hereby authorized to levy as the county tax of said
county for the current year, in the manner provided
by law, the sum of six hundred seventeen thousand
five hundred dollars, to be expended, together with
the cash balance on hand and the receipts from
other sources, for the above purposes . . . $617,500 00

Plymouth County.

1 For interest on county debt, a sum not exceeding

fourteen thousand five hundred dollars . . $14,500 00

2 For reduction of county debt, a sum not exceeding

thirty-seven thousand two hundred fifty dollars . 37,250 00

3 For salaries of county officers and assistants, a sum

not exceeding twenty-nine thousand dollars . 29,000 00

4 For clerical assistance in county offices, a sum not ex-

ceeding twenty-five thousand seven hundred dollars 25,700 00

5 For salaries and expenses of district courts, a sum not

exceeding sixty-eight thousand nine hundred fifty

dollars 68,950 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, a

sum not exceeding ninety-seven thousand dollars . 97,000 00

7 For criminal costs in superior court, a sum not exceed-

ing forty-five thousand dollars .... 45,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding twenty-
four thousand dollars 24,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding two thousand

dollars 2,000 00

1 1 For medical examiners, inquests and commitments of

insane, a sum not exceeding five thousand five hun-
dred dollars 5,500 00

12 For auditors, masters and referees, a sum not exceed-

ing twelve thousand dollars .... 12,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding eleven thousand three

hundred dollars 11,300 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not
exceeding twenty-seven thousand eight hundred
dollars 27,800 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred

eighteen thousand seven hundred fifty dollars . 118,750 00

17 For law libraries, a sum not exceeding two thousand

five hundred dollars 2,500 00

18 For training school, a sum not exceeding four thou-

sand dollars 4,000 00

19 For county aid to agriculture, a sum not exceeding

eighteen thousand seven hundred dollars . . 18,700 00

22 For pensions, a sum not exceeding seven hundred

ninety-five dollars ...... 795 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding one thousand seven
hundred two dollars and eightj^-three cents . . 1,702 83

23a For unpaid bills of previous years, a sum not exceed-
ing one thousand four hundred dollars . . 1,400 00

24 For a reserve fund, a sum not exceeding five thousand

dollars 5,000 00

And the county commissioners of Plymouth county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the sum of four hundred thirty-

Acts, 1935. — Chap. 299. 349

Item

one thousand five hundred dollars, to be expended,
together with the cash balance on hand and the
receipts from other sources, for the above purposes $431,500 00

Worcester County.

1 For interest on county debt, a sum not exceeding two

thousand five hundred dollars .... $2,500 00

2 For reduction of county debt, a sum not exceeding

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

3 For salaries of county officers and assistants, a sum

not exceeding fifty-nine thousand dollars . . 59,000 00

4 For clerical assistance in county offices, a sum not ex-

ceeding seventy-eight thousand eight hundred

dollars 78,800 00

5 For salaries and expenses of district courts, a sum not

exceeding one hundred and sixty thousand dollars 160,000 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction,

a sum not exceeding ninety-eight thousand dollars 98,000 00

7 For criminal costs in superior court, a sum not exceed-

ing eighty thousand dollars .... 80,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding sixty-one

thousand dollars 61,000 00

9 For trial justices, a sum not exceeding one thousand

dollars 1,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding three thousand

four hundred fifty dollars 3,450 00

11 For medical examiners, inquests and commitments of

insane, a sum not exceeding twenty thousand

dollars 20,000 00

12 For auditors, masters and referees, a sum not exceed-

ing thirty-five thousand dollars .... 35,000 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding twenty-eight thousand

dollars 28,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding fifty-seven thousand doUars . . 57,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding three hundred

fifty-six thousand four hundred dollars . . 356,400 00

17 For law libraries, a sum not exceeding eleven thou-

sand dollars 11,000 00

18 For training school, a sum not exceeding twenty thou-

sand five hundred dollars .... 20,500 00

19 For county aid to agriculture, a sum not exceeding

forty-one thousand seven hundred fifty dollars . 41,750 00
20a For the preventorium, a sum not exceeding three

thousand dollars 3,000 00

21 For state reservations, a sum not exceeding twenty-

four thousand dollars 24,000 00

22 For pensions, a sum not exceeding eighteen thousand

dollars 18,000 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding four thousand five

hundred dollars 4,500 00

23a For unpaid bills of previous years, a sum not exceed-
ing two thousand dollars ..... 2,000 00

24 For a reserve fund, a sum not exceeding ten thousand

dollars 10,000 00

350 Acts, 1935. — Chap. 300.

And the county commissioners of Worcester county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the sum of one million nine thou-
sand four hundred eighty-five dollars, to be ex-
pended, together with the cash balance on hand
and the receipts from other sources, for the above
purposes $1,009,485 00

Approved May 28, 1935.

Chap. SOO An Act extending for one year the opportunity to

CITIES AND TOWNS TO BORROW UNDER THE ACT CREATING
THE EMERGENCY FINANCE BOARD AND MAKING CERTAIN
THAT SUCH EXTENSION BECOMES EFFECTIVE FORTHWITH.

Emergency Whevcas, The deferred operation of this act would tend

preambe. ^^ 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:

Section 1. Chapter two hundred and twenty-one of
the acts of the current year is hereby repealed and the
provisions of law amended thereby shall stand unaffected
by said chapter two hundred and twenty-one.

Section 2. Chapter forty-nine of the acts of nineteen
hundred and thirty-three is hereby amended by striking
out section two and inserting in place thereof the following:
— 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 revenue loans, and the board
may, if in its judgment 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; pro-
vided, that such borrowing is made at any time or times
prior to July first, nineteen hundred and thirty-six. In
case of such approval, the treasurer of such city or town
shall, without further vote, issue notes, with interest at
such rate as may be fixed by the treasurer with the approval
of the board, in the amount approved by the board, for
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

Acts, 1935. — Chap. 301. 351

thirty-seven. 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 pay-
ments 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 sec-
tion five, expenses of the board, including compensation
paid to its appointive members, and expenses of administra-
tion of the funds provided by sections three and five shall be
distributed to such cities and towns in November, nineteen
hundred and forty, 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, Section five of said chapter forty-nine, as
amended by chapter three hundred and thirteen of the
acts of nineteen hundred and thirty-four, is hereby further
amended by striking out, in the sixth line, the word "six-
teen" and inserting in place thereof the word: — twenty, —
and by striking out, in the fifteenth line, the word "thirty-
nine" and inserting in place thereof the word: — forty, —
so as to read as follows : — Section 6. The state treasurer,
with the approval of the governor and council, may borrow
from time to time, on the credit of the commonwealth, such
sums as may be necessary to provide funds for loans to
municipahties as aforesaid, but not exceeding twenty mil-
lion dollars, and may issue and renew notes of the common-
wealth therefor, bearing 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 maximum term of years as the governor may
recommend to the general court in accordance with sec-
tion three of Article LXII of the amendments to the con-
stitution of the commonwealth, but such notes, whether
original or renewal, shall be payable not later than Novem-
ber thirtieth, nineteen hundred and forty. All notes issued
under this section shall be signed by the state treasurer,
approved by the governor and countersigned by the comp-
troller. Approved May 29, 1936.

Chap.SOl

An Act providing for co-operation between the
departments of mental diseases and public works
relative to roads at state hospitals.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-three of the General g. l. (Ter.
Laws is hereby amended by inserting after section eight, as new 'si^lin
appearing in the Tercentenary Edition, the following new sa, added,
section: — Section 8 A. Upon request of the department, Construction

352

Acts, 1935. — Chap. 302.

of roada on
property of
state hospitals.

the department of public works may construct and main-
tain roads on the grounds or property of a state hospital;
and expenses so incurred shall be paid from appropriations
for the maintenance of such hospital.

Approved May 29, 1935.

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

Certificates of
insurance
under com-
pulsory motor
vehicle

liability insur-
ance law,
regulated.

Chap. 302 An Act relative to execution of certificates of insur-
ance UNDER THE COMPULSORY MOTOR VEHICLE LIABILITY
INSURANCE LAW, SO CALLED.

Be it enacted, etc., as follows:

Section thirty-four B of chapter ninety of the General
Laws, as most recently amended by sections one and two of
chapter eighty-three of the acts of nineteen hundred and
thirty-three, is hereby further amended by striking out
the second paragraph, as appearing in said section one, 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 liability policy 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 estabhshed as aforesaid, and each
such certificate shall contain such other information as said
commissioner may require. Such a certificate shall be ex-
ecuted in the name of the company by one of its officers,
or by an employee of the company duly authorized by it by
a writing, in a form prescribed by said commissioner, filed
in the office of said commissioner and not theretofore re-
voked by a writing filed as aforesaid, or by an insurance
agent of the company licensed under chapter one hundred
and seventy-five to solicit applications for and to negotiate
motor vehicle liability policies or bonds, or on behalf of such
an insurance agent by one of his agents or employees
authorized by such insurance agent by an unrevoked writ-
ing as aforesaid, in form and filed as hereinbefore provided.
The signature of the person authorized by any such writing
shall be written on the margin thereof. No other person
shall execute or issue such a certificate. 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.

Approved May 29, 1935.

Acts, 1935. — Chaps. 303, 304. 353

An Act relative to the disposition of certain motor Qhn'n QQQ
VEHICLE fines. ^'

Be it enacted, etc., as follows:

Section 1. Section two of chapter two hundred and g. l. (Ter.
eighty of the General Laws, as most recently amended by f 2'^4t^cT'
section two of chapter three hundred and sixty-four of the amended,
acts of nineteen hundred and thirty-four, is hereby further
amended by adding at the end thereof the following new
sentence: — Fines imposed under the provisions of chapter Payment of
ninety shall be paid over to the treasury of the county certain fines.
wherein the offence was committed.

Section 2. This act shall apply to all fines imposed
on and after the first day of October in the current year.

Approved May 29, 1935.

An Act relative to the control of farm pond in the C'/ia2?.304

TOWN OF SHERBORN.

Be it enacted, etc., as follows:

Section 1. Section five of chapter two hundred and
fifty-one of the acts of eighteen hundred and ninety-seven
is hereby amended by striking out, in the third and fourth
lines, the words "or corrupts the same, or renders it im-
pure,"— so as to read as follows: — Section 5. Whoever
wantonly or maliciously diverts the water, or any part
thereof, taken or held pursuant to the provisions of this act,
or destroys or injures any dam, aqueduct, pipe, conduit,
hydrant, machinery or other works or property held or used
under the authority and for the purposes of this act, shall
forfeit and pay to the Commonwealth three times the
amount of damages assessed therefor, to be recovered in an
action of tort; and on conviction of any of the wanton or
mahcious acts aforesaid may also be punished by fine not
exceeding three hundred dollars, or by imprisonment not
exceeding one year in the house of correction.

Section 2. Fishing, boating, bathing, skating and other
recreational activities in or on Farm pond, in the town of
Sherborn, open to all inhabitants of the commonwealth,
shall be permitted except insofar as restricted or prohibited
by the board of selectmen of said town under authority of
law or by rules or regulations made by the department
of public health under section one hundred and sixty of
chapter one hundred and eleven of the General Laws,
notwithstanding the provisions of chapter two hundred and
fifty-one of the acts of eighteen hundred and ninety-seven.

Section 3. Said town, through its board of selectmen,
may, from time to time, make rules and regulations as to
the erection, maintenance and control of all public bath-
houses and pubhc boathouses on the shores of Farm pond,
and to prevent the entrance or discharge into said pond of

354 Acts, 1935. — Chap. 305.

any substance which by itself or in combination with any
other substance may be injurious to the pubhc health or
may tend to create a pubhc nuisance or to fill in said pond.

Section 4. Said town, through its board of selectmen,
may, from time to time, make rules and regulations govern-
ing fishing, boating, bathing, skating and other recreational
activities in or on Farm pond, and may also from time to
time restrict the use of all or any portion of said pond for
any or all of such activities. Such rules and regulations
relative to fishing shall be subject to the approval of the
division of fisheries and game of the department of con-
servation, and such other rules and regulations made under
this section shall be subject to the approval of the depart-
ment of public works, and in either case, when so approved,
shall have the force of law.

Section 5. Any poHce oflicer of said town may patrol
any part of the waters of said pond and shall have authority
to arrest any person violating any law of the common-
wealth in, on or adjacent to the waters of said pond or
violating any restriction, rule or regulation estabhshed
under this act.

Section 6. The violation of any restriction, rule or reg-
ulation established under this act shall be punished by a
fine of not more than twenty dollars.

Section 7. Nothing in this act shall be construed to
abridge the powers and duties of the department of pubhc
works under chapter ninety-one of the General Laws.

Apyroved May 29, 1935.

Chap. 305 An Act authorizing cities and towns to provide head-
quarters FOR LOCAL POSTS OF THE JEWISH WAR VETERANS
OF THE UNITED STATES.

Be it enacted, etc., as follows:

G. L. (Ter. Section nine of chapter forty of the General Laws, as

^tc'^am^nded Diost recently amended by section three of chapter two
hundred and forty-five of the acts of nineteen hundred and
thirty-three, is hereby further amended by inserting after
the word "War" in the fifth line the words: — and for a
post or posts of the Jewish War Veterans of the United
Headquarters Statcs, — SO as to read as follows: — Section 9. A city or
war^vlteraL towu may for the purpose of providing suitable head-
quarters for a post or posts of The American Legion and of
the Veterans of Foreign Wars of the United States and for a
chapter or chapters of the Disabled American Veterans of
the World War and for a post or posts of the Jewish War
Veterans of the United States, lease for a period not exceed-
ing five years buildings or parts of buildings which shall be
under the direction and control of such post or posts, or
chapter or chapters, subject to regulations made in cities
by the mayor with the approval of the council and in towns
by vote of the town, and for said purposes a town with a

Acts, 1935. — Chap. 306.

valuation of less than five million dollars may annually
appropriate not more than one thousand dollars; a town
with a valuation of five million dollars but not more than
twenty million dollars may annually appropriate not more
than fifteen hundred dollars; a town with a valuation of
twenty million dollars but not more than seventy-five
million dollars may annually appropriate not more than two
thousand dollars; a town with a valuation of seventy-
five million dollars but not more than one hundred fifty
million dollars may annually appropriate not more than
twenty-five hundred dollars; and a town with a valuation of
one hundred fifty million dollars or more may annually
appropriate twenty-five hundred dollars for each one hun-
dred fifty million dollars of valuation, or fraction thereof.
The city council of a city may, by a two thirds vote, appro-
priate money for armories for the use of the state militia,
for the celebration of holidays, for the purpose of providing
or defraying the expenses of suitable quarters for posts of
the Grand Army of the Republic, including the heating
and lighting of such quarters, and for other like public
purposes to an amount not exceeding in any one year one
fiftieth of one per cent of its valuation for such year.

Approved May 29, 1935.

355

C/iap. 306

An Act further regulating the sale of certain
patent and proprietary medicines.

Be it enacted, etc., as follows:

Section thirty-five of chapter one hundred and twelve g. l. (Ter.
of the General Laws, as amended by section five of chapter § ss.'eVi!.'
three hundred and twenty-eight of the acts of nineteen amended.
hundred and thirty-four, is hereby further amended by
striking out, in the ninth line, the words "or sale", — and
by inserting after the word "medicines" in the tenth line
the words: — , nor to the sale of such medicines other than
the sale at retail of those intended for internal use which
contain barbituric acid, — so as to read as follows: —
Section 35. Sections thirty and thirty-seven to forty-one, Application
inclusive, of this chapter, sections twenty-nine to thirty G, riatncted/*^*
inclusive, of chapter one hundred and thirty-eight and
section two of chapter two hundred and seventy shall not
apply to physicians who put up their own prescriptions or
dispense medicines to their patients; nor to the sale of
drugs, medicines, chemicals or poisons by wholesale dealers
or manufacturing chemists to retail dealers; nor to the
manufacture of patent and proprietary medicines, nor to the
sale of such medicines other than the sale at retail of those
intended for internal use which contain barbituric acid;
nor to the sale by merchants at retail of the following drugs
and chemicals used in the arts, or as household remedies:
alum, ammonia, bicarbonate of soda, borax, camphor,
castor oil, chlorinated lime, citric acid, cod liver oil, cop-

356 Acts, 1935. — Chap. 307.

peras, cotton seed oil, cream of tartar, dyestuffs, Epsom
salt, flaxseed, flaxseed meal, gelatine, ginger, Glauber's salt,
glycerine, gum arabic, gum tragacanth, hops, hyposulphite
of soda, licorice, lime water, linseed oil, litharge, mag-
nesia, olive oil, peroxide of hydrogen, petrolatum, phos-
phate of soda, rhubarb, Rochelle salt, rosin, sal ammoniac,
salt-peter, senna, slippery elm bark, spices for seasoning,
sugar of milk, sulphate of copper, sulphur, tartaric acid,
turpentine, extract of witch hazel and zinc oxide; nor to the
sale in the original packages of the following, if put up by
registered pharmacists, manufacturers or wholesale dealers
in conformity with law: flavoring essences or extracts,
essence of Jamaica ginger, insecticides, rat exterminators,
aromatic spirits of ammonia, spirits of camphor, sweet
spirits of niter, syrup of rhubarb, tincture of arnica and
tincture of rhubarb; nor to the sale of the following poisons
used in the arts, if properly labelled and recorded as pro-
vided by section two of chapter two hundred and seventy:
muriatic acid, oxalic acid, nitric acid, sulphuric acid,
arsenic, cyanide of potassium, mercury, phosphorus and
sulphate of zinc. Approved May 29, 1935.

Chap. S07 An Act relative to the construction of a parkway ex-
tending FROM THE junction OF REVERE BEACH PARK-
WAY AND FELLSWAY TO MYSTIC AVENUE IN MEDFORD.

Be it enacted, etc., as follows:

Section 1. Section six of chapter four hundred and
fifty of the acts of nineteen hundred and thirty-one, as
amended by section one of chapter one hundred and
seventy-two of the acts of nineteen hundred and thirty-
four, is hereby further amended by inserting after the word
"hundred" in the second line the words: — and twenty, —
so as to read as follows: — Section 6. The cost of the work
authorized by section one shall not exceed five hundred
and twenty thousand dollars; the cost of the work author-
ized by section two shall not exceed one hundred thousand
dollars; the cost of the work authorized by section three
shall not exceed the amount of any unexpended balance of
any appropriation previously made for the construction
authorized by paragraph {d) of section one of said chapter
three hundred and thirty-four, and, in addition, a sum not
exceeding fifty thousand dollars; the cost of the work
authorized by section four shall not exceed four hundred
thousand dollars; and the cost of the work authorized by
section five shall not exceed the amount of any unexpended
balance of any appropriation previously made for the work
authorized by section twenty-one of chapter four hundred
and twenty of the acts of nineteen hundred and thirty,
and said unexpended balance may be expended for the work
authorized by section five.

Section 2. One half of the additional expenditure of
twenty thousand dollars authorized by this act shall be

Acts, 1935. — Chap. 308. 357

assessed upon the cities and towns of the metropolitan parks
district in proportion to the respective taxable valuations of
the property of said cities and towns, as defined by section
fifty-nine of chapter ninety-two of the General Laws, and
the remainder thereof shall be paid from the Highway
Fund for the current year. Approved May 29, 1935.

An Act providing water supply for certain inhabi-
tants OF THE TOWN OF LAKEVILLE FROM THE WATER
SUPPLY SYSTEM OF THE LAKEVILLE STATE SANATORIUM.

Be it enacted, etc., as follows:

The department of public health is hereby authorized
and directed to furnish water for domestic purposes to
buildings abutting upon that part of South Main street and
Bridge street in the town of Lakeville in which is laid a
water main of the water system of the Lakeville state
sanatorium serving its barns on said South Main street and
Bridge street, at such uniform rates as may be established
from time to time by said department, subject to the ap-
proval of the department of public utilities; provided, that
the owner of each such building to be furnished water as
aforesaid shall first deposit in the state treasury an amount
sufficient to defray the cost of a connection with such main,
and of a meter, if required by said department of pubHc
health, and all expenses on account of making such con-
nection or installing such meter; and, provided, further,
that the said department, before commencing to deliver
water to any such building, may require a deposit with the
state treasurer of money or security satisfactory to him, to
insure the payment of any water charges that may become
due on account of water furnished to such building here-
under and may, if any person, when required by said
department, fails to so furnish or maintain any such deposit,
discontinue the furnishing of water to him. The acceptance
or use by any person of water furnished under authority of
this act shall constitute an agreement on the part of such
person, for himself or itself and his or its heirs, successors
and assigns, that there shall be no liability on the part of
the commonwealth, or of the commissioner of public health
or of any member of the public health council on account of
(1) the furnishing of water hereunder, or (2) the failure to
furnish water hereunder, or (3) for any damages resulting
from the maintenance of such water supply. Nothing
herein shall be construed to prohibit the said department
from hmiting the supply of water to be furnished to such
buildings at any time when in its opinion there is danger of
a scarcity of water for the purposes of such sanatorium.

Approved May 29, 1935.

Chap. S08

358

Acts, 1935. — Chaps. 309, 310.

G. L. (Ter.
Ed.), 82, § 34,
amended.

Chap. 309 An Act relative to the rights of persons on reserved

SPACES IN PUBLIC WAYS.

Be it enacted, etc., as follows:

Section thirty-four of chapter eighty-two of the General
Laws, as appearing in the Tercentenary Edition, is hereby
amended by adding at the end thereof the following: — A
person who with the intention of becoming a passenger is
at a stopping place or upon a landing or platform, estab-
lished or apparently constructed for the purposes of board-
ing or alighting from street railway cars, within or upon
spaces so reserved for street railways shall have the rights
of a traveler on the highway, — so as to read as follows: —
Section 34. If the city council of a city, or a town, accepts
this section or has accepted the corresponding provisions of
earher laws, the board or officers authorized to lay out
highways or town ways may reserve spaces between the
side lines thereof for the use of horseback riders, for bicycle
paths or for street railways, except such as may be operated
by steam, for drains, sewers and electric wires, for trees and
grass, and for planting, A person who with the intention
of becoming a passenger is at a stopping place or upon a
landing or platform, established or apparently constructed
for the purposes of boarding or alighting from street railway
cars, within or upon spaces so reserved for street railways
shall have the rights of a traveler on the highway.

Approved May 29, 1936.

Reserved
spaces in
public ways.

G. L. (Ter.
Ed.). 105, § 1,
amended.

Chap. 310 An Act relative to the licensing of public warehouse-
men AND RELATIVE TO THE CONTENTS OP WAREHOUSE

receipts.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and
five of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by inserting after the word
"warehousemen" the first time it occurs in the fourth Hne
the following: — Such license shall not be issued unless and
until the applicant, at his own expense, shall have given
notice of said application by publishing the same in two
consecutive publications of a newspaper published in the
town in which the warehouse is to be located. Such notice
shall set forth the name of the applicant in full, a descrip-
tion of the premises on which the license is sought to be
exercised, designating the building or part of the building
to be used and the street and number, if any, — so as to read
as follows: — Section 1. The governor, with the advice
and consent of the council, may license suitable persons,
or corporations established under the laws of, and having
their places of business within, the commonwealth, to be
public warehousemen. Such Hcense shall not be issued

Public ware-
housemen to
be licensed.

Acts, 1935. — Chap. 311.

359

unless and until the applicant, at his own expense, shall
have given notice of said application by publishing the same
in two consecutive publications of a newspaper pubHshed
in the town in which the warehouse is to be located. Such
notice shall set forth the name of the applicant in full, a
description of the premises on which the license is sought to
be exercised, designating the building or part of the build-
ing to be used and the street and number, if any. Such
warehousemen may keep and maintain public warehouses
for the storage of goods, wares and merchandise. They
shall give bond to the state treasurer for the faithful per-
formance of their duties in an amount and with sureties
approved by the governor, and may appoint one or more
deputies, for whose acts they shall be responsible. A
railroad corporation licensed as a public warehouseman shall
not be required as such to receive any property except such
as has been or is forthwith to be transported over its road
or to give sureties on its bond.

Section 2. Section nine of said chapter one hundred g. l. (Ter.
and five, as so appearing, is hereby amended by striking fmend^d.' ^ ^'
out clause (h) and inserting in place thereof the following: —

(h) If the receipt is issued for goods of which the ware- Receipts to
houseman is owner, either solely or jointly or in common iSormatlonf'"
with others, or if the warehouseman is the agent for the
owner or owners of goods for which the receipt is issued,
the fact of such ownership or agency; and

Approved May 29, 1936.

An Act relative to funds received by the director QJi^jy qjj

OF THE division OF AID AND RELIEF FOR THE BENEFIT OF "*

PERSONS UNDER THE CARE AND SUPERVISION OF THE DE-
PARTMENT OF PUBLIC WELFARE AND PROVIDING FOR THE
BONDING OF SAID DIRECTOR.

Be it enacted, etc., as follows:

Section 1. Section seven of chapter eighteen of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, is amende^d * ^'
hereby amended by adding at the end thereof the following
new sentence: — Said director shall give a bond to the state
treasurer for the faithful performance of his duties in such
sum as the comptroller may prescribe, — so as to read as
follows : — Section 7. The commissioner, with the approval Director to
of the governor and council, shall appoint, fix the compensa- **^® ^°°^-
tion of, and may with like approval remove, the director of
the division of aid and relief, who shall, under the supervi-
sion and control of the commissioner, perform the duties
required of him by law relative to the state adult poor.
Said director shall give a bond to the state treasurer for the
faithful performance of his duties in such sum as the comp-
troller may prescribe.

Section 2. Chapter one hundred and twenty-one of Sj'^-iJf-
the General Laws is hereby amended by inserting after newieotion

8A, added.

360

Acts, 1935. — Chaps. 312, 313.

Director may
receive funds
in trust.

section eight, as appearing in the Tercentenary Edition, the
following new section: — Section 8 A. The director of the
division of aid and relief may receive funds in trust for the
use of illegitimate children or other persons under the care or
supervision of the department. Such director shall deposit
such funds in savings banks in the commonwealth or sav-
ings departments of trust companies therein and, when
necessary, make expenditures from said funds for the benefit
of or on behalf of the ward. Approved May 29, 1935.

Chap. 312 An Act authorizing the use of the sumner tunnel in

THE CITY OF BOSTON WITHOUT TOLL OR CHARGE BY DRIVERS
OF VEHICLES OWNED BY THE BOSTON PROTECTIVE DE-
PARTMENT.

Be it enacted, etc., as follows:

Section nine of chapter two hundred and ninety-seven of
the acts of nineteen hundred and twenty-nine, as amended
by section three of chapter two hundred and eighty-seven
of the acts of nineteen hundred and thirty-two, is hereby
further amended by inserting after the word "city" in the
fortieth line the words: — or by the Boston Protective
Department, — so that the last sentence will read as fol-
lows : — The said public works department shall collect
such tolls and charges from the driver of each vehicle using
said tunnel, and shall daily pay the same over to the city
collector of Boston; provided, that no toll or charge shall be
collected from the drivers of vehicles owned by the city or
by the Boston Protective Department or from drivers of
ambulances. Approved May 29, 1936.

Chap. Sid An Act providing for the appointment of a court

OFFICER AND A MESSENGER FOR THE PROBATE COURT OF
ESSEX COUNTY.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and seventeen of the
General Laws is hereby amended by striking out section
thirty, as most recently amended by section one of chapter
one hundred and forty-three of the acts of the current year,
and inserting in place thereof the following: — Section SO.
The judges of probate for the counties of Suffolk and
Middlesex may appoint two officers, and the judge of
probate for Plymouth county and the judges of probate for
Essex county may appoint an officer, to attend the sessions
of the probate court and court of insolvency of their respec-
tive counties. Such officers may be removed at the pleas-
ure of the judge or judges of probate of their respective
counties, and the said judge or judges may fill any vacancy
caused by removal or otherwise. Each court ofl^icer ap-
pointed hereunder for Suffolk or Middlesex county shall

G. L. (Ter.
Ed.), 217, § 30,
etc., amended.

Probate court
officers for
Essex county.

Acts, 1935. — Chap. 314.

361

give bond with suflBcient sureties approved by a judge of
his court for the faithful performance of his duties, in the
sum of one thousand dollars, payable to the treasurer of
Suffolk county or to Middlesex county, as the case may be.
The court officer for Plymouth county shall, if required by
the court, give a bond payable to said county for the faith-
ful performance of his duties, with sureties satisfactory to
the court. Each officer appointed hereunder shall serve
the orders, precepts and processes issued by the probate
court for which he is appointed or by a judge thereof; and,
except in Plymouth county, shall at the expense of his
county be furnished with a uniform such as the court shall
order, which he shall wear while in attendance on said court.

Section 2. Said chapter two hundred and seventeen
is hereby amended by inserting after section thirty-one,
as so appearing, the following new section: — Section 31 A.
The judges of probate for Essex county may appoint a mes-
senger for the court of probate and insolvency for said
county, may remove him at their pleasure, and may fill a
vacancy caused by removal or otherwise. Said messenger
shall wait upon said court and perform such duties as the
judges may direct, including duty as court officer. He
shall, while in attendance on said court, wear a uniform,
such as the court shall order, to be furnished at the expense
of said county.

Section 3. This act shall take effect upon acceptance Acceptance
during the current, year by the county commissioners of **^ **''"
Essex county. Approved May 81, 1935.

G. L. (Ter.
Ed.), 217,
new section
31A, added.
Messenger.

An Act making the Gardner state colony a reception QJku) 3 14
hospital for the insane and changing its name to ^'

gardner state hospital.

Be it enacted, etc., as follows:

Section 1. The Gardner state colony is hereby made a Gardner state
state hospital, under the name of the Gardner state hospital, ^°»p>*^^-
for the care and treatment of the insane, and shall be subject
to all provisions of general law apphcable to such hospitals.
The board of trustees appointed under section six of chap-
ter nineteen of the General Laws shall serve, without reap-
pointment, as the board of trustees of the Gardner state
hospital.

Section 2. Section five of said chapter nineteen, as
appearing in the Tercentenary Edition, is hereby amended
by striking out, in the fourth line, the word "colony"
and inserting in place thereof the word : — hospital, — so
as to read as follows : — Section 5. The boards of trustees
of the following public institutions shall serve in the depart-
ment: Belchertown state school, Boston psychopathic diseases
hospital, Boston state hospital, Danvers state hospital,
Foxborough state hospital, Gardner state hospital, Graf-
ton state hospital, Walter E. Fernald state school, Med-

G. L. (Ter.
Ed.). 19, §5,
amended.

Institutions
in department
of mental "

362

Acts, 1935. — Chap. 314.

G. L. (Ter.
Ed.). 123. § 25,
amended.

List of state
hospitals.

G. L. (Ter.
Ed.), 123, § 50,
amended.

Commitment
of insane
persons.

G. L. (Ter.
Ed.), 123, § 77,
amended.

Observation
and com-
mitment.

field state hospital, Metropolitan state hospital, Monson
state hospital, Northampton state hospital, Taunton state
hospital, Westborough state hospital, Worcester state hos-
pital and Wrentham state school.

Section 3. Section twenty-five of chapter one hundred
and twenty-three of the General Laws, as so appearing, is
hereby amended by striking out, in the fifth hne, the word
"colony" and inserting in place thereof the word: — hospi-
tal, — so as to read as follows : — Section 25. The state
institutions under the control of the department shall be
Worcester state hospital, Taunton state hospital, North-
ampton state hospital, Danvers state hospital, Grafton
state hospital, Westborough state hospital, Foxborough
state hospital, Medfield state hospital, Monson state hos-
pital, Gardner state hospital, Wrentham state school, Bos-
ton state hospital, Walter E. Fernald state school, Boston
psychopathic hospital, Belchertown state school, Metro-
poHtan state hospital, and such others as may hereafter be
added by authority of law.

Section 4. Said chapter one hundred and twenty-
three is hereby further amended by striking out section
fifty, as so appearing, and inserting in place thereof the
following: — Section 60. A justice of the superior court,
in any county, and any of the judges of probate for Suffolk
county, the judge of probate for Nantucket county, or a
justice or special justice of a district court, except the
municipal court of the city of Boston, within his county,
may commit to any institution for the insane, designated
under or described in section ten, any insane person, then
residing or being in said county, who in his opinion is a
proper subject for its treatment or custody; but such
special justice may make such commitment only in case
of the incapacity of the justice, his absence from the dis-
trict, interest, or relationship to the applicant or to the
person to be committed, or when specially authorized by
the justice to act in the case, or when the justice is absent
from the court building and the special justice is holding
court in his place.

Section 5. Section seventy-seven of said chapter one
hundred and twenty-three, as so appearing, is hereby
amended by striking out the proviso in lines nine, ten and
eleven, — so that the first sentence will read as follows: —
If a person is found by two physicians qualified as provided
in section fifty-three to be in such mental condition that
his commitment to an institution for the insane is neces-
sary for his proper care or observation, he may be commit-
ted by any judge mentioned in section fifty, to a state
hospital, to the McLean hospital, or, in case such person is
eligible for admission, to an institution established and
maintained by the United States government, the person
having charge of which is licensed under section thirty-
four A, for a period of thirty-five days pending the determi-
nation of his insanity.

Acts, 1935. — Chap. 315.

363

Section 6. Section seventy-eight of said chapter one
hundred and twenty-three, as so appearing, is hereby
amended by striking out the first sentence and inserting
in place thereof the following: — The superintendent or
manager of any institution for the insane may without the
order of a judge required by sections fifty and fifty-one,
receive into his custody and detain in such institution for
not more than five days any person whose case is certified
to be one of violent and dangerous insanity or of other
emergency by two physicians qualified as provided in sec-
tion fifty-three by a certificate conforming in all respects
to said section, which certificate may be filed with a judge,
as the certificate required by section fifty-one.

Section 7. Section seventy-nine of said chapter one
hundred and twenty-three, as so appearing, is hereby
amended by striking out the first sentence and inserting in
place thereof the following: — The superintendent or
manager of any institution for the insane may, when re-
quested by a physician, member of the board of health,
sheriff, deputy sheriff, member of the state police, select-
man, pohce officer of a town or by an agent of the institu-
tions department of Boston, receive and care for in such
institution as a patient, for a period not exceeding ten days,
any person needing immediate care and treatment because
of mental derangement other than delirium tremens or
drunkenness.

Section 8. Section eighty-six of said chapter one hun-
dred and twenty-three, as so appearing, is hereby amended
by striking out, in the fourth and fifth lines, the words
", in the case of Gardner state colony when so authorized
by the department," — so as to read as follows: — Section
86. The trustees, superintendent or manager of any insti-
tution to which an insane person, a dipsomaniac, an ine-
briate, or one addicted to the intemperate use of narcotics
or stimulants may be committed may receive and detain
therein as a boarder and patient any person who is desirous
of submitting himself to treatment, and who makes written
application therefor and is mentally competent to make the
application; and any such person who desires so to submit
himself for treatment may make such written application.
No such person shall be detained more than three days
after having given written notice of his intention or desire
to leave the institution. Approved June S, 1935.

G. L. (Ter.
Ed.), 123, § 78,
amended.

Temporary
care.

G. L. (Ter.
Ed.), 123, § 79,
amended.

Care of
persons need-
ing immediate
treatment.

G. L. (Ter.
Ed.), 123, § 86,
amended.

Voluntary
admissions.

An Act increasing the membership of the commission QjiQ/n 315

ON interstate compacts affecting labor and INDUS-

tries,

WORK.

AND PROVIDING FOR THE CONTINUATION OF ITS

Whereas, The deferred operation of this act would tend Emergency"
to defeat its purpose, therefore it is hereby declared to be p''^*°»'''®-
an emergency law, necessary for the immediate preservation
of the pubhc convenience.

364 Acts, 1935. — Chap. 316.

Be it enacted, etc., as follows:

Section 1. The Commission on Interstate Compacts
Affecting Labor and Industries, established by chapter forty-
four of the resolves of nineteen hundred and thirty-three,
shall hereafter consist of ten members, of whom two shall
be members of the senate, to be designated by the president
thereof, five shall be members of the house of representa-
tives, to be designated by the speaker thereof, and three
shall be appointed by the governor; and, as so constituted,
said commission shall continue to be subject in all respects
to said chapter.

Section 2. The additional members of said commis-
sion authorized by section one shall be appointed thereto
by the president of the senate and the speaker of the house
as soon as may be after the effective date of this act.

Section 3. For the continuation of the work of said
commission, and the further negotiations authorized by
chapter twenty-five of the resolves of nineteen hundred and
thirty-four, said commission may expend such sums, not
exceeding, in the aggregate, five thousand dollars, as may
hereafter be appropriated therefor.

Approved June 3, 1985.

Chav 316 -^^ ^^^ relative to the retirement allowance of
lillie h. durfee, a former teacher in the public
schools of the commonwealth.

Emergency Whevcas, The deferred operation of this act would tend

preambe. ^^ 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:

The amount of the retirement allowance granted by the
teachers' retirement association to Lillie H. Durfee of New
Bedford, who served fourteen years as a regular teacher in
the public schools of the commonwealth and more than one
year, in the aggregate, during a period extending from some
time in March, nineteen hundred and twenty-four, through
June, nineteen hundred and twenty-seven, as a substitute
teacher in said schools, shall be increased to such amount as
she would have been entitled to receive if, prior to the
time of her retirement, she had served fifteen years as a
regular teacher in said schools, and the increased allow-
ance shall be allowed from June first of the current year;
provided, that she pays to said retirement association on
or before September first of the current year sums equal,
in the aggregate, to monthly assessments at the rate of five
per cent on the salary she received during the period within
which she was serving as such substitute teacher, together
with the interest which would have been credited on these
assessments to the date of retirement, the assessment for

Acts, 1935. — Chaps. 317, 318.

365

each month for which salary was received to be not less
than three dollars and fifty cents.

Approved June 3, 1935.

An Act further regulating the sale of milk in cer- nij^j^ o-tj

TAIN CONTAINERS BY LICENSED MILK DEALERS. Ky p. i

G. L. (Ter.
Ed.), 94. § 45,
amended.

Use of certain
containers for
sale of milk

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby
amended by striking out section forty-five, as appearing in
the Tercentenary Edition, and inserting in place thereof
the following: — Section 45. No licensed milk dealer
shall sell, or have in his possession with intent to sell, milk
not contained in clean vessels on which, or on a cap, tag or prohibited
label attached to which, appears his own name, or the name
under which his business is conducted, and no other name;
but this section shall not apply to a person using clean
vessels on which appears the name of another person whose
written permission for such use has been obtained pre-
viously and registered in the office of the inspector of milk,
in towns having such officer, and in other towns registered
in the office of the town clerk. Whoever violates this
section shall be punished by a fine of ten dollars.

Approved June 3, 1935.

An Act extending the jurisdiction of the land court. Q}i(ij) 318
Be it enacted, etc., as follows:

G. L. (Ter.
Ed.), 60, § 76,
amended.

Section 1. Chapter sixty of the General Laws is
hereby amended by striking out section seventy-six, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following : — Section 76. In addition to
its jurisdiction to allow a party to redeem under section
sixty-eight, the land court shall have jurisdiction as to
redemption in all cases of taking or sale of land for non-
payment of taxes if relief is sought before the filing of a
petition under section sixty-five for foreclosure of the right
of redemption, and may grant such right of redemption or
other relief as justice may require, fixing the terms therefor,
or may refuse the same. The proceedings shall be begun
by a bill as in equity, and memoranda, both of the begin-
ning and of the final disposition thereof, shall be recorded
or filed in the registry of deeds, similar to those required by
sections fifteen and sixteen of chapter one hundred and
eighty-four in the case of unregistered land, and to those
required by sections eighty-six and eighty-seven of chapter
one hundred and eighty-five in the case of registered land.

Section 2. The superior court, upon motion, may
transfer to the land court any proceeding for redemption
of land brought in said court under the provisions of said
section seventy-six as in effect immediately prior to the

Petition for _
redemption in
land court,
time of filing.
Procedure.

Transfer o(
pending cages.

366

Acts, 1935. — Chap. 318.

G. L. (Ter.
Ed.). 185, § 1.
etc., amended.

Land court
jurisdiction.

G. L. (Ter.
Ed.), 185. i 1,
etc., amended.

Same subject.

G. L. (Ter.
Ed.), 185, § 1,
etc., amended.

Same subject.

G. L. (Ter.
Ed.), 231, § 55,
amended

Amendments
changing
actions at law
into suits in
equity.

G. L. (Ter.
Ed.). 231,
i 142,
amended.

effective date of the preceding section or, in its discretion,
may retain jurisdiction and make a decree under the
provisions of said section seventy-six as so in effect, not-
withstanding the provisions of the preceding section.

Section 3. Section one of chapter one hundred and
eighty-five of the General Laws, as amended, is hereby
further amended by striking out clause (6), as appearing
in the Tercentenary Edition, and inserting in place thereof
the following: —

(6) Proceedings for foreclosure of and for redemption
from tax titles under chapter sixty.

Section 4. Said section one of said chapter one hun-
dred and eighty-five, as amended, is hereby further amended
by striking out clause (c) and inserting in place thereof the
following: —

(c) Writs of entry under chapter two hundred and thirty-
seven. In such a writ brought in accordance with section
forty-seven of chapter two hundred and thirty-six, where the
tenant is entitled under clause (2) of section nine of chapter
one hundred and nine A to retain the real estate as security
for repayment of the consideration paid therefor by him,
said court may determine the amount of such consideration
and may order a judgment for possession upon being
satisfied that such amount, with lawful interest, has been
paid or tendered by the demandant to the tenant.

Section 5. Said section one of said chapter one hundred
and eighty-five, as amended, is hereby further amended by
inserting after clause (fc) the following two new clauses: —

(0 Suits in equity under clauses (3), (5) and (11) of
section three of chapter two hundred and fourteen, where
any right, title or interest in real estate is involved.

(w) Suits in equity under clause (9) of section three of
chapter two hundred and fourteen or under section nine of
chapter one hundred and nine A, where the property
claimed to have been fraudulently conveyed or encum-
bered consists of rights, titles or interests in real estate only.

Section 6. Section fifty-five of chapter two hundred
and thirty-one of the General Laws, as appearing in the
Tercentenary Edition, is hereby amended by striking out
the words "or the superior" in the first line and inserting
in place thereof the words: — , superior or land, — so as to
read as follows: — Section 65. The supreme judicial,
superior or land court may, before final judgment, and upon
terms, allow an amendment changing an action at law
into a suit in equity, or a suit in equity into an action at law,
if it is necessary to enable the plaintiff to sustain the action
or suit for the cause for which it was intended to be brought.
The court in which the amendment is allowed may retain
jurisdiction of the cause as amended.

Section 7. Section one hundred and forty-two of said
chapter two hundred and thirty-one, as so appearing, is
hereby amended by inserting after the word "fifty-four"
in the fifth line the word : — , fifty-five, — so as to riead as

Acts, 1935. — Chap. 319.

367

follows: — Section 142. Sections eight, twelve, thirteen, Application
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, eictioM."
twenty-one, twenty-two, twenty-three, thirty, thirty-one,
thirty-five, thirty-nine, forty-two, forty-three, forty-four,
forty-five, forty-seven, forty-eight, forty-nine, fifty, fifty-
one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six,
fifty-seven, fifty-eight, sixty, sixty-one, sixty-two, sixty-
three, sixty-four, sixty-five, sixty-six, sixty-seven, sixty-
eight, sixty-nine, seventy-one, seventy-two, seventy-three,
seventy-six, seventy-seven, seventy-eight, seventy-nine,
eighty, eighty-one, eighty-three, eighty-seven, eighty-nine,
ninety, ninety-six, one hundred and eleven, one hundred
and twelve, one hundred and thirteen, one hundred and
fourteen, one hundred and fifteen, one hundred and six-
teen, one hundred and seventeen, one hundred and eigh-
teen, one hundred and nineteen, one hundred and twenty,
one hundred and twenty-one, one hundred and twenty-two,
one hundred and twenty-three, one hundred and twenty-
four, one hundred and twenty-five, one hundred and
twenty-six, one hundred and twenty-seven, one hundred
and twenty-eight, one hundred and twenty-nine, one hun-
dred and thirty, one hundred and thirty-one, one hundred
and thirty-two, one hundred and thirty-three, one hun-
dred and thirty-four, one hundred and thirty-five, one
hundred and thirty-six, one hundred and thirty-seven, one
hundred and thirty-eight and one hundred and thirty-nine
shall apply to such real and mixed actions as may be begun
in the superior court, and to all proceedings before the land
court, or begun there and pending on issues to a jury in the
superior court, to which they are appHcable, and no other
sections of this chapter shall so apply except by their express
language.

Section 8. This act shall take effect on the first day Effective date,
of October in the current year, and shall also apply to
actions then pending which are thereafter transferred to
the land court under section two or amended in said court
under section six. Approved June 3, 1985.

An Act empowering the boston traffic commission to nij^j^ qiq

COLLECT FEES FOR THE ISSUANCE OF LOADING ZONE PER- ^'^^V-^
MITS, SO CALLED.

Be it enacted, etc., as follows:

Chapter two hundred and sixty-three of the acts of nine-
teen hundred and twenty-nine is hereby amended by insert-
ing after section two the following new section : — Section
2 A. Upon the issuance by the commission of a permit for
a loading zone, so called, under the provisions of the pre-
ceding section, it shall collect a fee computed at the rate of
fifty cents for each foot of curbing abutting on said zone,
but in no event less than ten dollars. Such permit shall
expire one year from the date of its issue, and may be

368

Acts, 1935. — Chaps. 320, 321, 322.

revoked by the commission for a violation of any provision
of the rules and regulations relating to such zones and made
under authority of this act. Approved June 3, 1935.

Chap. 320 An Act relative to the operation of certain motor

VEHICLE TRAILERS OWNED BY THE CITY OF SPRINGFIELD.

Be it enacted, etc., as follows:

Section 1. Motor vehicle trailers owned by the city of
Springfield and having a carrying capacity of more than
one thousand pounds may be operated or drawn on the
ways of said city, any provision of section nineteen of chap-
ter ninety of the General Laws to the contrary notwith-
standing.

Section 2. This act shall take effect January first,
nineteen hundred and thirty-six, and shall become inopera-
tive July first in said year. Approved June 3, 1935.

Chap. 321 An Act subjecting the office of town accountant of

THE TOWN OF FRAMINGHAM TO THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of town accountant of the town
of Framingham shall, upon the effective date of this act,
become subject to the civil service laws and rules and regu-
lations, and the term of office of any incumbent thereof
shall be unlimited, subject, however, to said laws; provided,
however, that the present incumbent of said oflfice may con-
tinue to serve as such without taking a civil service ex-
amination.

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

Approved June 5, 1935.

Chav 322 -^^ ^^'^ relative to the abatement of local taxes, as-
sessments and other charges and to the suspension

Emergency
preamble.

G. L. (Ter.
Ed.), 58, § 8.
amended.

Proceedings
against certain
delinquent
collectors.

OF PAYMENT OF CERTAIN ASSESSMENTS.

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. Chapter fifty-eight of the General Laws is
hereby amended by striking out section eight, as appear-
ing in the Tercentenary Edition, and inserting in place
thereof the following: — Section 8. Whenever it appears
to the commissioner that at the end of two years from the
commitment of any warrant to a collector any taxes upon
such warrant remain uncollected, or if collected have not
been turned over to the town treasurer, the commissioner

Acts, 1935. — Chap. 322.

369

shall within three months bring the matter to the attention
of the attorney general, who may bring or cause to be
brought an action of contract in the name of the town
against the collector and upon his bond, in the superior
court for the county where the town lies. Any amount
recovered under this section shall be paid into the treasury
of the town in whose name the action is prosecuted; but
all reasonable expenses incurred by the attorney general
in any such action shall be borne by the town, and may be
recovered from it by the commonwealth in contract. If,
at any time after the commitment of any warrant to a col-
lector, the commissioner is of the opinion that any taxes,
assessments or other charges thereon remaining uncollected
should be abated, he may authorize the assessors or board
making the assessment, in writing, to abate any part or the
whole of such taxes, assessments or other charges, either by
items or by abatement of a sum total, stated in such writ-
ten authorization. The assessors or board aforesaid may
thereupon make the abatement authorized and enter the
same in their record of abatements, making reference in
said record to such authorization as the cause or reason for
the abatement.

Section 2. Chapter sixty of the General Laws is hereby g. l. (Ter.
amended by inserting after section three A, inserted by sec- Sction'sBr^
tion one of chapter one hundred and thirty-six of the acts of added,
nineteen hundred and thirty-four, the following new section:
— Section 3B. A person entitled to exemption under clause Abatements
seventeenth of section five of chapter fifty-nine in respect fn cMta!™^"^*^
to any real estate upon which an assessment for a permanent cases.
public improvement, payable to a city or town and required
by law to be placed on the annual tax bill, has been made,
may, not later than the last day for petitioning the assessors
for an abatement of the local tax under section fifty-nine
of said chapter fifty-nine, apply to the assessors of such city
or town for suspension of the payment of such assessment
for and during such time as the annual tax on said real
estate is reduced by such exemption, and the assessors may
thereupon, with the approval of the commissioner, order
such suspension; provided, that such assessment, with
interest thereon accrued prior to such suspension and with
interest thereon from the day on which such estate ceases
to be exempt, unless sooner paid, shall continue to be a lien
upon such real estate until the expiration of two years after
the termination of the period of such suspension, or, in case
the assessment has been apportioned, until two years after
the last portion is payable. Such assessment shall not bear
interest during the period of such suspension.

Approved June 6, 1935.

370 Acts, 1935. — Chaps. 323, 324.

C/iap. 323 An Act making certain necessary adjustments in cer-
tain WATER acts.

Be it enacted, etc., as follows:

Section 1. Section thirteen of chapter one hundred and
forty-seven of the acts of nineteen hundred and thirty-one,
as amended by section one of chapter eighteen of the acts
of nineteen hundred and thirty-three, is hereby further
amended by striking out all after the semicolon in the
seventh line.

Section 2. Section fourteen of chapter one hundred
and eighty-six of the acts of the current year is hereby
amended by striking out all after the semicolon in the fifth
line.

Section 3. Section thirteen of chapter two hundred and
thirty of the acts of the current year is hereby amended by
striking out all after the semicolon in the fifth line.

Section 4. Section fourteen of chapter two hundred
and twenty of the acts of the current year is hereby amended
by striking out all after the semicolon in the sixth line.

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

Approved June 6, 1935.

Chap. 324 An Act providing for state aid to coastal cities and

TOWNS IN conserving AND INCREASING THE SUPPLY OF
SHELLFISH AND IN EXTERMINATING THE ENEMIES THEREOF.

Emergency Whereas, The deferred operation of this act would tend

preamb e. ^^ defeat its purpose, it is therefore declared to be an emer-

gency law necessary for the preservation of the public con-
venience.

Be it enacted, etc., as follows:

G. L. (Ter. Chapter one hundred and thirty of the General Laws, as

newsectwn*"" appearing in section two of chapter three hundred and
3A, added. twenty-nine of the acts of nineteen hundred and thirty-
three, is hereby amended by inserting after section three the
Preservation following new sectiou : — Section 3 A. The supervisor shall
assist and co-operate with coastal cities and towns for the
purpose of increasing the supply of shellfish and exterminat-
ing the enemies thereof within their borders, and for this
purpose may expend such sums as may be appropriated
therefor. The expenditure of any funds so appropriated
shall be apportioned by the supervisor among said coastal
cities and towns in such amounts as will, in his opinion,
effect the greatest amount of relief and assistance to the
shellfish industry; provided, that no money shall be ex-
pended hereunder in any such city or town for the purpose
of such relief or assistance unless such city or town, within
one year prior to the date of such expenditure, shall have
appropriated and spent an amount equal to at least one
fourth of the total cost of such work. The work of increas-

of shellfish.

Acts, 1935. — Chaps. 325, 326. 371

ing the supply of shellfish and exterminating the enemies
thereof in coastal cities and towns aided hereunder shall be
done and expenditures therefor shall be made in such man-
ner as the supervisor may determine and in accordance with
rules and regulations which the supervisor shall make with
respect thereto, which rules and regulations he is hereby
authorized to make and enforce. Approved June 5, 1935.

An Act authorizing the town of dedham to provide

FOR the election OR APPOINTMENT OF A COMMITTEE TO

have control of street lighting.
Be it enacted, etc., as follows:

Section 1. The town of Dedham may by by-law pro-
vide for the election or appointment of a committee con-
sisting of not more than five members to have full charge
and control of street lighting in the town. Such by-law
may also fix the terms of such members and establish the
duties of such committee. While such by-law remains in
force the board of selectmen shall not exercise any powers
relative to street lighting, and the powers thereto conferred
upon the commissioner of public works by chapter two hun-
dred and eleven of the acts of nineteen hundred and thirty-
three shall not be exercised by him.

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

Approved June 5, 1935.

Chap.S25

Chap.S2Q

An Act relative to the dimensions of motor trucks

AND trailers.

Be it enacted, etc., as follows:

Chapter ninety of the General Laws is hereby amended g. l. (Ter.
by striking out section nineteen, as most recently amended ftl'! amended,
by section one of chapter two hundred and twenty-three of
the acts of nineteen hundred and thirty-five, and inserting
in place thereof the following: — Section 19. No motor Motortrucks
vehicle or trailer, the outside width of which is more than drmens/oMof,
ninety-six inches or the extreme over-all length of which is regiJated.
more than twenty-eight feet, shall be operated on any way
without a special permit so to operate from the board or
officer having charge of such way or, in case of a state high-
way or a way determined by the department of public works
to be a through route, from said department; provided,
that such width may be exceeded by the lateral projection
of pneumatic tires beyond the rims of the wheels for such
distance on either side of the vehicle or trailer as will not
increase its outside width above one hundred and two
inches; and provided, further, that the extreme over-all
length of a semi-trailer unit, wherever used, may exceed
twenty-eight feet but not forty feet, and the extreme over-
all length of a motor vehicle having three axles, wherever

372 Acts, 1935. — Chap. 327.

used, may exceed twenty-eight but not thirty-three feet,
and such length of any other motor vehicle, or any trailer,
when used in localities or on ways designated by the said
department may exceed twenty-eight feet but not thirty-
three feet, except in any such case as authorized by a special
permit granted as aforesaid, and that, when used for the
transportation of poles or single units of lumber or metal,
such length may exceed twenty-eight feet but not sixty feet,
except as authorized by a special permit granted as afore-
said. The aforesaid dimensions of width and length shall
be inclusive of the load. No trailer having a carrying
capacity of more than one thousand pounds, other than a
semi-trailer, or a heavy duty platform trailer used for
purposes other than the transportation of goods, wares and
merchandise, shall be operated or drawn on the ways of the
commonwealth; provided, that a trailer having a carrying
capacity of more than one thousand pounds may be oper-
ated or drawn upon any way for a distance not exceeding
one half mile, if said trailer is used exclusively for agricul-
tural purposes, or for a distance not exceeding three hundred
yards, if such trailer is used for industrial purposes other
than agricultural purposes, for the purpose of going from
property owned or occupied by the owner of such trailer to
other property so owned or occupied. No motor vehicle
shall be operated on any way to draw more than one trailer
or other vehicle. Approved June 5, 1985.

Chap. S27 An Act relative to the care and operation of the

PUBLIC works building ON NASHUA STREET IN THE
CITY OF BOSTON.

Be it enacted, etc., as follows:

All the powers, duties and obligations granted and im-
posed by sections one to twelve, inclusive, of chapter eight
of the General Laws, as appearing in the Tercentenary
Edition or as subsequently amended, upon the superin-
tendent of buildings in so far as they relate to the office
building known as the Public Works building on Nashua
street in the city of Boston, are hereby transferred to and
vested in the commissioner of public works, who shall have
charge of the care and operation of said building, including
the repair thereof and improvements thereto and the ap-
pointment of such employees as may be necessary to enable
him to perform his duties; said appointments not being
subject to chapter thirty-one of the General Laws, as ap-
pearing in the Tercentenary Edition, excepting only that
the superintendent of buildings may, under the supervision
of the governor and council, assign rooms in said office build-
ing, and may determine the occupancy thereof in such
manner as the public service may require.

Approved June 5, 1936.

Acts, 1935. — Chaps. 328, 329. 373

An Act authorizing the payment of fees to physicians Chav. S28

FOR certain medical REPORTS TO THE DEPARTMENT OF
LABOR AND INDUSTRIES AND REGULATING THE USE OF
INFORMATION CONTAINED IN SUCH REPORTS.

Be it enacted, etc., as follows:

Section eleven of chapter one hundred and forty-nine of g. l. (Ter.
the General Laws, as appearing in the Tercentenary Edi- amended^.' ^ '
tion, is hereby amended by inserting after the word "time"
in the seventh line the following new sentence : — The
department shall pay a fee of fifty cents for each such report,
— and by adding at the end thereof the following: — No
such report shall be subject to summons nor shall its con-
tents be made public, — so as to read as follows : — Section Physicians'
11. The department may require every physician treating fo?°reguiated.
a patient whom he believes to be suffering from any ail-
ment or disease contracted as a result of the nature, circum-
stances or conditions of the patient's employment to report
such information relating thereto as it may require, within
such time as it may fix, and it may issue a list of such
diseases which shall be regularly reported upon by physi-
cians, and may add to or change such list at any time. The
department shall pay a fee of fifty cents for each such re-
port. Copies of all such reports and all statistics and data
compiled therefrom shall be kept by it, and shall be fur-
nished on request to the department of industrial acci-
dents and the department of public health. No such report
shall be subject to summons nor shall its contents be made
public. Approved June 5, 1935.

An Act relative to payments by the brockton police QjiQ/n 329

RELIEF association TO ANY MEMBER THEREOF UPON THE
DEATH OF HIS WIFE.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-one of the acts of nine-
teen hundred and twenty-seven is hereby amended by strik-
ing out, in the fifth hne, the word "two" and inserting in
place thereof the word : — three, — so as to read as follows :
— The Brockton Police Refief Association, a corporation
duly established by law, acting by its board of directors, is
hereby authorized to pay or cause to be paid from its general
fund to any member in good standing, upon the death of his
wife, such sum of money, not exceeding three hundred
dollars, as may from time to time be fixed by vote of said
corporation. Approved June 5, 1935.

374

Acts, 1935. — Chap. 330.

G. L. (Ter.
Ed.). 178, § 10,
amended.

Amount of
policies or
annuity
contracts.

Chap. 330 An Act amending certain provisions of the law relat-
ing TO SAVINGS BANK LIFE INSURANCE.

Be it enacted, etc., as follows:

Section 1. Section ten of chapter one hundred and
seventy-eight of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by inserting after
the word "except" in the fourth hne the following: — under
such agreement as it may make to pay an amount equal to
a cash surrender value which may exceed one thousand dol-
lars, and except, — so as to read as follows: — Section 10.
No savings and insurance bank shall write any policy or
annuity contract binding it to pay more than one thousand
dollars, exclusive of dividends or profits, upon the death of
any one person, except under such agreement as it may make
to pay an amount equal to a cash surrender value which
may exceed one thousand dollars, and except for such
amount, if any, as it may be bound to pay upon the death of
such person under an employees' group policy, or under an
annuity contract embodying an agreement to refund, upon
the death of the holder, to his estate or to a specified payee,
a sum not exceeding the premiums paid thereon with com-
pound interest, nor shall it write any annuity contract other-
wise binding it to pay in any one year more than two hun-
dred dollars, exclusive of dividends or profits.

Section 2. Section eleven of said chapter one hundred
and seventy-eight, as so appearing, is hereby amended by
striking out, in the first and second lines, the words "or
annuity contract", — so as to read as follows: — Section 11.
No policy of life or endowment insurance issued by any
savings and insurance bank shall become forfeit or void for
non-payment of premium after six full months' premiums
have been paid thereon; and in case of default in the pay-
ment of any subsequent premium, then, without any further
stipulation or act, such policy shall be binding upon the
bank at the option of the insured, either (a) for the cash
surrender value or {h) for the amount of paid-up insurance
which the then net value of the policy and all dividend
additions thereon, less any indebtedness to the bank on
account of said policy, and less a surrender charge of not
more than one per cent of the face value of the policy, will
purchase as a net single premium for life or endowment
insurance, maturing or terminating at the time and in the
manner provided for in the original policy contract, or
(c) for the amount of paid-up term insurance which such
net value would purchase.

Section 3. Said chapter one hundred and seventy-
eight is hereby further amended by inserting after section
eleven, as so appearing, the following new section: — Sec-
tion 11 A. Section eleven shall not apply to annuity or
pure endowment contracts with or without return o|. pre-
miums, or of premiums and interest, whether simple or

G. L. (Ter.
Ed.). 178, § 11,
amended.

Policy, etc.,
not to be
forfeited after
payment of
six months'
premiums.

G. L. (Ter.
Ed.), 178, new
section 11 A,
added.

Application
of preceding
section.

Acts, 1935. — Chap. 330. 375

compound, or to survivorship annuity contracts or survivor-
ship insurance poHcies, and, in the case of a poHcy provid-
ing for 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 pre-
mium after six months' 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 period for which premiums have been paid bears to the
total period for which premiums are required to be paid under
the policy.

Section 4. Section fifteen of said chapter one hun- g. l. (Ter.
dred and seventy-eight, as so appearing, is hereby amended fmended^.' ^ ^^'
by striking out, in the fortieth line, the word "actuarial", —
and by striking out, in the forty-first and forty-second lines,
the words ", including an annual and other valuations of
their policies,", — so as to read as follows: — Section 15. Powers and
The state actuary, appointed under section eleven of chap- eta^ractuary.
ter twenty-six, with the advice of the attorney general as
to matters of legal form, shall prepare standard forms of
life insurance policies and life annuity contracts, including
a whole life policy, a limited payment life policy, a limited
term policy, an endowment policy, an annuity contract,
and a combination of life insurance policy and deferred
annuity contract, and such others as may from time to time,
in the opinion of the commissioner of insurance, be desir-
able. Every policy and annuity contract shall provide
that the issuing bank may make any payment thereunder
by placing to the credit of the account of the registered
beneficiary in the savings department the amount payable.
Such standard forms shall be used as the uniform and ex-
clusive forms of policies by all savings and insurance banks.
He shall also prepare the form of blanks for applications
for life insurance policies and life annuity contracts and for
proof of loss, and all other forms necessary for the efl&cient
prosecution of the business, also books of record and of
account, and all schedules and all reports, not otherwise
provided for, required in the conduct of the business, and
these shall be used as the uniform and exclusive form of
blanks, books, schedules and reports in the insurance de-
partments of all savings and insurance banks. He shall
also, consistently with the law governing domestic legal re-
serve life insurance companies, determine and prepare the
table of premium rates for all kinds of life insurance policies,
and the purchase rates for annuities, and the amount of the
membership fee, the surrender and any proof of death
charges, and the premium rates for reinsurance. The rates,
fees and charges so fixed shall be adopted as the uniform and
exclusive premiums, annuity rates, the initiation, the sur-
render, and the proof of death charges. He shall also deter-
mine and prepare tables showing the amounts which may

376 Acts, 1935. — Chap. 330.

be loaned on insurance policies, and the reinsurance rates
to be charged by all savings and insurance banks, and the
guaranty charges to be made by the General Insurance
Guaranty Fund, but the loan value shall in no event exceed
the reserve on any pohcy. He shall also prepare or procure
tables for computing the legal reserve to be held under in-
surance and annuity contracts, and for this purpose may,
with the approval of the commissioner of insurance, adopt
a table of mortality which may be deemed more suitable
than the American Experience Table for policies of insur-
ance of the character and amounts to which the risks of the
banks are limited; and shall in all other respects, except as
otherwise provided, perform the duties of insurance actuary
for all the savings and insurance banks and the General
Insurance Guaranty Fund. The ordinary routine work of
the banks shall be performed by their clerks, guided and
assisted, so far as may be necessary, by the advice and
instruction of the state actuary; but an annual valuation of
all the policies of the banks and of the condition of the Gen-
eral Insurance Guaranty Fund as of October thirty-first
of each year shall be made in the office of the state actuary
under his direction, and from schedules of policy data on
blanks furnished by him and prepared by the banks in ac-
cordance with his instructions. The state actuary shall
also furnish to the savings and insurance banks and to the
General Insurance Guaranty Fund all blanks for policies,
applications, schedules, and other papers and books which
the state actuary is required to prepare, as herein provided.
The state actuary shall for each year ending October thirty-
first determine the ratio of actual to expected mortality
claims for all of the savings and insurance banks combined,
and shall determine a similar ratio for each of the savings
and insurance banks separately. Both calculations shall
be based upon the mortality tables and the rate of interest
used by the banks in the calculation of the premiums, or
upon such other bases as shall be approved by the commis-
sioner of insurance. If the calculation of the ratio pertain-
ing to any savings and insurance bank shows that the actual
mortality experienced is less than the mortality expected
to be experienced by all of the banks combined, the state
actuary shall send to such bank a certificate setting forth
the amount of such difference, and thereupon such bank
shall send to the General Insurance Guaranty Fund in cash
the amount of such certificate. The state actuary shall
also furnish to the trustees of the General Insurance Guar-
anty Fund a certificate in respect to any savings and in-
surance bank in which the ratio of the actual to the expected
mortality has exceeded the ratio of the actual to the ex-
pected mortality for all of the banks combined, and there-
upon the trustees of the General Insurance Guaranty Fund
shall pay to such bank the amount of such excess as evi-
denced by such certificate.

In determining the net profits, as defined in section

Acts, 1935. — Chap. 330.

377

twenty-one, to be distributed to the holders of the policies
and annuity contracts each year for each savings and insur-
ance bank, the state actuary shall consider as a mortality
factor the ratio of the actual to the expected mortality for
all of the savings and insurance banks combined.

Section 5. Said chapter one hundred and seventy-
eight is hereby amended by striking out section seventeen,
as so appearing, and inserting in place thereof the following:
— Section 17. There shall be paid to the commonwealth
on December thirtieth in each year sums expended by it for
the division of savings bank life insurance during the year
ended on November thirtieth next preceding. Said sums
so to be repaid to the commonwealth shall be apportioned
by the trustees of the General Insurance Guaranty Fund
among the savings and insurance banks in proportion to
their premium income, or on such other basis as the said
trustees shall deem equitable and proper, and said banks
shall be assessed therefor in accordance with such appor-
tionment; provided, that no savings and insurance bank
shall be assessed for any part of said expenditure unless and
until it shall have accumulated in its insurance department
a surplus fund of not less than twenty thousand dollars as
provided in sections five, nineteen and twenty-one, or unless
and until five years shall have elapsed from the date when
it shall have been licensed by the commissioner of insurance
to issue policies and make annuity contracts, whichever
event shall sooner happen. Any sum so apportioned to
banks so exempted shall be paid to the commonwealth by
the trustees of the General Insurance Guaranty Fund from
the interest income thereof on or before December thirtieth
in each year.

Section 6. Section nineteen of said chapter one hun-
dred and seventy-eight, as so appearing, is hereby amended
by striking out, in the seventh and eighth lines, the words
"nor less than ten per cent of the aggregate insurance re-
serve", — so as to read as follows: — Section 19. Whenever
the funds held by the General Insurance Guaranty Fund
are, in the opinion of both the commissioner of insurance
and the commissioner of banks, sufficient therefor, the
trustees of the fund may enter into a contract with any sav-
ings bank desiring to establish an insurance department to
guarantee all the risks of such bank until such time as it shall
have a surplus of not less than twenty thousand dollars. If
such guaranty contract is entered into by any bank, it shall
not be necessary to provide the special insurance guaranty
fund provided for in section five before the commissioner of
insurance and the commissioner of banks are entitled to
issue the certificate establishing the insurance department
as provided in section three.

Section 7. Said chapter one hundred and seventy-eight
is hereby further amended by striking out section twenty-
one, as so appearing, and inserting in place thereof the fol-
lowing : — Section 21 . Each savings and insurance bank

G. L. (Ter.
Ed.), 178, § 17,
amended.

Rei mbursement
of common-
wealth for
certain
expenses.

G. L. (Ter.
Ed.), 178, § 19,
amended.

General
Insurance
Guaranty
Fund.

G. L. (Ter.
Ed.), 178, J 21,
amended.

Certain profits

378

Acts, 1935. — Chaps. 331, 332.

of insurance
department
to be set aside
aa emergency
fimd, etc.

shall annually set apart as a surplus from the net profits, if
any, which have been earned in its insurance department,
an amount not less than twenty nor more than seventy-five
per cent thereof, until such surplus amounts to twenty
thousand dollars. Thereafter each such bank may add
in any year to its surplus not more than fifteen per cent of
the net profits, if any, which have been earned in its in-
surance department in such year; provided, that, with the
approval of the state actuary, an amount in excess of said
fifteen per cent of said net profits may be added to said sur-
plus and, provided further, that no such bank shall, without
the approval of the state actuary, add to its said surplus
any amount which would make said surplus exceed ten per
cent of the net insurance reserve of said bank. Such surplus
shall be maintained and held or used so far as necessary to
meet losses in its insurance department whether from unex-
pectedly great mortality, depreciation in its securities, or
otherwise, and, after said surplus amounts to twenty thou-
sand dollars, for the maintenance of a stable dividend scale,
and for the payment of settlement or maturity dividends or
both in such manner and in such amounts if any, as may
from time to time be directed by the state actuary. The
balance of the net profits of each year shall annually be
distributed equitably among the holders of its policies and
annuity contracts, such distribution to be made at the op-
tion of the policy holder in accordance with section one hun-
dred and forty of chapter one hundred and seventy-five.

Approved June 5, 1935.

Chap. SSI An Act abolishing the defense of serious and wilful

MISCONDUCT OF THE EMPLOYEE IN DEATH CASES UNDER
THE workmen's COMPENSATION LAW.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws
is hereby amended by striking out section twenty-seven, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following : — Section 27. If the employee
is injured by reason of his serious and wilful misconduct,
he shall not receive compensation; but this provision shall
not bar compensation to his dependents if the injury results
in death. Approved June 6, 1935.

G. L. (Ter.
Ed.). 152, § 27,
amended.

Wilful mis-
conduct bar
to recovery in
certain cases.

Chap.SS2 An Act further defining average weekly wages and

RELATIVE TO THE MINIMUM COMPENSATION FOR TOTAL
INCAPACITY UNDER THE WORKMEN'S COMPENSATION LAW.

Be it enacted, etc., as follows:

G. L. (Ter SECTION 1. ScctioD ouc of chapter one hundred and

amended.' ' fifty-two of the General Laws, as appearing in the Tercen-
tenary Edition, is hereby amended by adding at the end of

Acts, 1935. — Chap. 333.

379

clause (1) the following: — In case the injured employee Average
is employed in the concurrent service of more than one lelne^^**'"
insured employer his total earnings from the several in-
sured employers shall be considered in determining his
average weekly wages. Weeks in which the employee
received less than five dollars in wages shall be considered
time lost and shall be excluded in determining the average
weekly wages; provided, however, that this exclusion shall
not apply to employees whose normal working hours in the
service of the employer are less than fifteen hours each
week.

Section 2. Said chapter one hundred and fifty-two is g. l. (Xer.
hereby amended by striking out section thirty-four, as so amended^.'
appearing, and inserting in place thereof the following : —
Section 34- While the incapacity for work resulting from Total
the injury is total, the insurer shall pay to the injured em- "'^''^p'^'''*^-
ployee a weekly compensation equal to two thirds of his
average weekly wages, but not more than eighteen dollars
nor less than nine dollars a week, unless the weekly wages
of the injured employee are less than nine dollars, in which
case said weekly compensation shall be equal to his average
weekly wages, but in no case less than seven dollars a week
where the number of normal working hours of the injured
employee in a week are fifteen or more; provided, that the
period covered by such compensation shall not be greater
than five hundred weeks nor the amount more than forty-
five hundred dollars. Approved June 5, 1935.

Payments for

specific

injuries.

An Act revising the payments under the workmen's Chap.SSS

COMPENSATION ACT FOR CERTAIN SPECIFIC INJURIES.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws g. l. (Ter.
is hereby amended by striking out section thirty-six, as ^tl! amended.^'
amended by chapter two hundred and fifty-seven of the
acts of nineteen hundred and thirty-three, and inserting
in place thereof the following : — Section 36. In case of
the following specified injuries the sum of ten dollars a week
shall be paid, in addition to all other compensation, for the
following periods:

(a) For the loss by severance of both hands at or above
the wrist, a period of one hundred and seventy-five weeks.

(b) For the reduction to twenty seventieths of normal
vision in both eyes, with glasses, a period of one hundred and
fifty weeks.

(d) For the loss by severance of the right or major hand
at or above the wrist, a period of seventy-five weeks.

(e) For the loss by severance of the left or minor hand at
or above the wrist, or of either foot at or above the ankle,
a period of fifty weeks.

380 Acts, 1935. — Chap. 333.

(/) For the reduction to twenty seventieths of normal
vision in either eye, with glasses, a period of fifty weeks.

(g) For the loss by severance at or above the second joint
of the thumb of the right or major hand, a period of forty
weeks.

(h) For the loss by severance at or above the second joint
of the index finger of the right or major hand, a period of
twenty weeks.

(i) For the loss by severance of one phalange of the thumb
of the right or major hand, a period of twenty weeks.

(J) For the loss by severance of two phalanges of each
of two fingers of the same hand which for the purposes
hereof may include the thumb of the left or minor hand but
not the thumb or index finger of the right or major hand,
or of each of two or more toes of the same foot, a period of
twenty-five weeks for each hand or foot so injured, and any
compensation payable under this paragraph shall be in
addition to any compensation payable under paragraphs
(q)} (^)> Wj and (k), or any of them, subject, however, to
the limitation contained in said paragraph (k).

(k) For the loss by severance of the terminal phalange
or phalanges of any finger or fingers, not exceeding three
on the same hand, which for the purposes hereof may in-
clude the thumb of the left or minor hand but not of the
right or major hand, a period of twelve weeks in case of the
loss by severance of one such terminal phalange, or a period
of twenty-two weeks in case of the loss as aforesaid of two
such terminal phalanges on the same hand, or a period of
thirty weeks in case of the loss as aforesaid of three or more
such terminal phalanges on the same hand; provided, that
no compensation shall be payable under this paragraph for
the loss by severance of any phalange for the loss of which
compensation is payable under any other paragraph of this
section, and provided, further, that compensation shall be
payable under this paragraph on account of injury to one
hand only for such number of weeks as, together with the
number of weeks during which compensation is payable
under any other paragraph of this section for injury to the
same hand, will not exceed forty-seven in the case of the
left or minor hand or seventy-two in the case of the right or
major hand.

(0 For the loss by severance of at least one phalange of
any toe, a period of twelve weeks, for each foot so injured.

(m) The additional amounts provided for in this section
in case of the loss of a particular hand, foot, thumb, finger,
toe or phalange shall also be paid for the number of weeks
above specified if the injury is such that that hand, foot,
thumb, finger, toe or phalange is not lost but so injured as to
be permanently incapable of use. Approved June 5, 1935.

Acts, 1935. — Chaps. 334, 335. 381

An Act relative to the borrowing of money by the Chav.SS4

COUNTY OF BARNSTABLE FOR THE ERECTION AND EQUIP-
MENT of a new HOUSE OF CORRECTION AND JAIL FOR SAID
COUNTY AND CERTAIN BUILDINGS FOR USE IN CONNECTION
THEREWITH.

Be it enacted, etc., as follows:

Section 1. Section three of chapter two hundred and
thirty of the acts of nineteen hundred and thirty-four is
hereby amended by striking out, in the fourth line, the
word "sixty" and inserting in place thereof the word: —
ninety-eight, — so as to read as follows: — Section 3.
Upon completion of the project herein authorized, the
county treasurer shall, with the approval of the county com-
missioners, issue notes or bonds of the county, in a total
amount not to exceed one hundred and ninety-eight thou-
sand dollars, which shall bear on their face the words.
County of Barnstable House of Correction Loan, Act of
1934; and such notes or bonds shall be payable in not more
than fifteen years from their dates of issue. Such notes or
bonds 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 com-
missioners may deem proper, but not for less than their
par value. Receipts from the sale of such notes or bonds
shall be applied to the payment of costs of construction
and /or to the payment of any temporary loans authorized
under section two. Indebtedness incurred under this act
shall, except as herein provided, be subject to chapter thirty-
five of the General Laws.

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

Approved June 7, 1935.

Chap.SSd

An Act giving the department of public utilities
supervision over certain affiliates of gas and elec-
tric companies.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and sixty-four of the g. l. (Ter.
General Laws is hereby amended by inserting after section ^ctlon^A^''
seventy-six, as appearing in the Tercentenary Edition, the added,
following new section: — Section 76 A. The department supervision
shall have the general supervision of every affiliated com- "[gas and*^^
pany, as defined in section eighty-five, with respect to all eie^tnc
relations, transactions and dealings, direct or indirect, with
the gas or electric company with which it is affiliated, which
affect the operations of such gas or electric company, and
shall make all necessary examination and inquiries and
keep itself informed as to such relations, transactions and
dealings as have a bearing upon the price of gas or elec-

companies.

382

Acts, 1935. — Chap. 336.

tricity supplied by such company or the quality thereof.
Such^- relations, transactions and dealings, including any
payments^by a gas or electric company to such an affiliated
company for services or materials and supphes which enter
into the manufacture, distribution or sale of gas or elec-
tricity, shall be subject to review and investigation by the
department in any proceeding brought under section ninety-
three or ninety-four, and the department may order such
affiliated company to be joined as a party respondent with
such gas or electric company in such a proceeding.

Every affiliated company having such relations, trans-
actions and dealings with the gas or electric company with
which it is affiliated shall make such annual or periodic
reports and in such form as the department may by regula-
tion prescribe in order to give the department effective super-
vision over all such relations, transactions and dealings.

The supreme judicial court shall have jurisdiction in
equity to enforce compliance with this section and with all
orders of the department made under authority thereof.
G. L. (Ter. SECTION 2. Scction cighty-five of said chapter one hun-

amended*' ^ ^^' ^^^^ ^^^ sixty-four, as SO appearing, is hereby amended by
inserting after the word "section" in the eleventh line the
words: — and of section seventy-six A, — so that the second
paragraph will read as follows : —

For the purposes of this section and of section seventy-
six A, the words "affiliated company" shall include any
corporation, society, trust, association, partnership or in-
dividual (a) controlling a company subject to this chapter,
either directly, by ownership of a majority of its voting
stock or of such minority thereof as to give it substantial
control of such company, or indirectly, by ownership of
such a majority or minority of the voting stock of another
corporation or association so controlling such company; or
(b) so controlled by a corporation, society, trust, associa-
tion, partnership or individual controlling as aforesaid,
directly or indirectly, a company subject to this chapter;
or (c) standing in such a relation to a company subject to
this chapter that there is an absence of equal bargaining
power between the corporation, society, trust, association,
partnership or individual and the company so subject, in
respect to their dealings and transactions.

Approved June 7, 1936.

Examination
of books of
companies and
affiliates.

Chap.SSQ An Act further extending the time during which

THERE SHALL BE COLLECTED AN ADDITIONAL EXCISE TAX
ON SALES OF GASOLINE.

Be it enacted, etc., asfolloivs:

Chapter two hundred and forty-eight of the acts of nine-
teen hundred and thirty-two is hereby amended by striking
out, in the fifth Hne, the word "thirty-six" and inserting in
place thereof the word : — thirty-seven, — so as to read

Acts, 1935. — Chaps. 337, 338. 383

as follows : — The time during which the additional excise
tax of one cent is imposed on each gallon of fuel, as defined
in section one of chapter sixty-four A of the General Laws,
sold in the commonwealth, is hereby extended to and in-
cluding the thirtieth day of April, nineteen hundred and
thirty-seven, and the provisions of section four of chapter
one hundred and twenty-two of the acts of nineteen hundred
and thirty-one shall apply to the tax so imposed during such
extended period. Approved June 7, 1935.

An Act providing for the reinstatement of certain Qhav 337

MEMBERS OF THE POLICE FORCE OF THE METROPOLITAN
DISTRICT COMMISSION.

Whereas, The deferred operation of this act would defeat Emergency
its purpose, therefore it is hereby declared to be an emer- p""^**™^^®-
gency law, necessary for the immediate preservation of the
public safety and convenience.

Be it enacted, etc., as follows:

Chapter thirty-one of the General Laws is hereby g. l. (Ter.
amended by inserting after section forty-six E, inserted by Action 46f^'^
chapter two hundred and seven of the acts of nineteen hun- added.
dred and thirty-four, the following new section : — Section Reinstatement
4.6F. A member of the police force of the metropolitan pli^ce*officers.
district commission who has become separated from the
classified civil service by suspension, discharge or for any
other cause, except inability to work on account of sickness,
shall, within thirty days after the filing of a written request
by said commission, be entitled to a hearing before the
commissioner. Upon good cause shown the commissioner
may authorize his reinstatement in the same position as
that formerly held by him. Approved June 13, 1935.

An Act authorizing additional expenditures by the Qhav 338

DIRECTOR OF THE DIVISION OF FISHERIES AND GAME FOR
FISH AND GAME PURPOSES.

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:

The director of the division of fisheries and game of the
department of conservation is hereby authorized to expend
for the propagation and distribution of fish and game, the
improvement and development of game farms and fish
hatcheries and field work tending to develop hunting and
fishing, or for any of said purposes, in addition to amounts
heretofore appropriated for the purposes, such sums, not
exceeding, in the aggregate, eighteen thousand dollars,
as may hereafter be appropriated therefor.

Approved June 13, 1936.

384

Acts, 1935. — Chaps. 339, 340, 341.

C/l<XX>.339 An Act relative to the penalty for refusal or neg-
lect OF EMPLOYERS TO MAKE TO THE DEPARTMENT OF
INDUSTRIAL ACCIDENTS CERTAIN REPORTS AS TO INJURIES
TO THEIR EMPLOYEES.

Be it enacted, etc., as follows:

Section nineteen of chapter one hundred and fifty-two of
the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by striking out the paragraph con-
tained in the seventeenth and eighteenth Unes, and insert-
ing in place thereof the following paragraph:

Employers refusing or neglecting to make any report
required by this section, after notice so to do by the depart-
ment, shall be punished for a first offense by a fine of not
more than fifty dollars, and for each subsequent offense
by a fine of not more than one hundred dollars.

Approved June IS, 19S5.

G. L. (Ter.
Ed.). 152. 5 19.
amended.

Notice to
department
of injuries.
Penalty.

C/iap. 340

G. L. (Ter.
Ed.). 152. § 20,
amended.

Hospital
records
admissible
as evidence.

An Act providing for the inspection of certain medi-
cal REPORTS ON FILE WITH THE DEPARTMENT OF INDUS-
TRIAL ACCIDENTS BY PARTIES TO PROCEEDINGS BEFORE
SUCH DEPARTMENT.

Be it enacted, etc., as follows:

Section twenty of chapter one hundred and fifty-two of
the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by adding at the end thereof the
following : — If such a report is on file with the department
it may be open to the inspection of any party, — so as to
read as follows: — Section 20. Copies of hospital records
kept in accordance with section seventy of chapter one
hundred and eleven, certified by the persons in custody
thereof to be true and complete, shall be admissible in
evidence in proceedings before the department or any
member thereof. The department or any member, before
admitting any such copy in evidence, may require the party
offering the • same to produce the original record. All
medical records and reports of hospitals, cfinics and physi-
cians of the insurer or of the employee shall be open to the
inspection of the department so far as relevant to any
matter before it. If such a report is on file with the de-
partment it may be open to the inspection of any party.

Approved June IS, 19S5.

Chap. Ml

G. L. (Ter.
Ed.). 218, § 63,
amended.

Uniforms of
court officers.

An Act relative to uniforms of court officers in a cer-
tain DISTRICT COURT IN SUFFOLK COUNTY.

Be it enacted, etc., as follows:

Chapter two hundred and eighteen of the General Laws
is hereby amended by striking out section sixty-three, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 63. Court officers in

Acts, 1935. — Chaps. 342, 343.

district courts in Suffolk county shall, while on duty in said
courts, wear uniforms to be approved by the justices of
said courts, which shall be furnished at the expense of said
county. Approved June IS, 1935.

385

An Act authorizing manufacturing and dealing in Qhav 342

SHELLAC VARNISH OR SHELLAC SOLVENT WITHOUT A ^'

LICENSE.

Be it enacted, etc., as follows:

Section three hundred and three A of chapter ninety-four o. l. (Ter.
of the General Laws, inserted therein by section three of f sosA^etc,
chapter three hundred and seventy-two of the acts of nine- amended,
teen hundred and thirty-four, is hereby amended by insert-
ing after the word "preparation" in the fourth line the
following: — , other than shellac varnish or shellac solvent,
— so as to read as follows : — Section 303 A . No person other Saie of
than a registered druggist shall engage in the business of man- wood^licohoi.
ufacturing, buying, selling, transporting, importing, export- etc., regulated,
ing or dealing in methyl alcohol, or wood alcohol, so called,
or any preparation, other than shellac varnish or shellac
solvent, used for manufacturing or commercial purposes
which contains more than three per cent of methyl alcohol
and is intended for use other than as a beverage, without
being licensed so to do as provided in section three hundred
and three B. Approved June IS, 1935.

An Act authorizing the town of deerfield to con-
struct AND operate systems OF SEWERS.

Be it enacted, etc., as follows:

Section 1. The town of Deerfield may lay out, con-
struct, maintain and operate a system or systems of main
drains and common sewers for a part or the whole of its
territory, with such connections and other works as may be
required for a system of sewage disposal; and for the pur-
pose of providing better surface or other drainage, guarding
against pollution of the water and otherwise protecting
the public health, may lay, make and maintain such main
drains as it deems best. For the purposes aforesaid the
town may, within its limits, deepen, widen, and clear of
obstruction any brook, stream or water course, and may
straighten or alter the channel or divert the water thereof,
and may make and maintain sub-drains, and, with the
approval of the department of public health, discharge
the water into any brook, stream or water course within
the town.

Section 2. The town may make and maintain in any
way therein where main drains or common sewers are con-
structed, such connecting drains, under-drains and sewers
within the limits of such way as may be necessary to con-
nect any estate which abuts upon the way.

C/iap. 343

386 Acts, 1935. — Chap. 343.

Section 3. The board of selectmen, acting for and on
behalf of said town, may take by eminent domain under
chapter seventy-nine of the General Laws, or acquire by
purchase or otherwise, any lands, water rights, rights of
way or easements, public or private, in said town, and in the
town of Whately, necessary for accomplishing any purpose
mentioned in this act, and may construct such main drains
and sewers, sub-drains and undcr-drains under or over any
bridge, railroad, railway, boulevard or other public way, or
within the location of any railroad, and may enter upon and
dig up any private land, public land or railroad location,
for the purpose of laying such drains and sewers and of
maintaining and repairing the same, and may do any other
thing proper or necessary for the purposes of this act ; pro-
vided, that they shall not take in fee any land of a railroad
corporation, and that they shall not enter upon or construct
any drain or sewer within the location of any railroad
corporation except at such time and in such manner as they
may agree upon with such corporation, or, in case of failure
to agree, as may be approved by the department of public
utilities.

Section 4, Any person injured in his property by any
action of said board of selectmen under this act may recover
damages from said town under said chapter seventy-nine.

Section 5. The town shall, by vote, determine what
proportion of the cost of said system or systems of sewerage
and sewage disposal the town shall pay; provided, that it
shall pay not less than one fourth nor more than two thirds
of the whole cost. In providing for the payment of the
remaining portion of the cost of said system or systems or
for the use of said system or systems, the town may avail
itself of any or all of the methods permitted by general
laws, and the provisions of said general laws relative to the
assessment, apportionment, division, reassessment, abate-
ment and collection of sewer assessments, to liens therefor
and to interest thereon, shall apply to assessments made
under this act. At the same meeting at which it deter-
mines the proportion of the cost which is to be borne by
the town, it may by vote determine by which of such meth-
ods the remaining portion of said cost shall be provided for.
The collector of taxes of said town shall certify the payment
or payments of such assessments or apportionments thereof
to the said board of selectmen which shall preserve a record
thereof.

Section 6. For the purpose of paying the necessary
expenses and liabilities incurred under this act, other than
expenses of maintenance and operation, the town may
borrow such sums as may be necessary, not exceeding, in
the aggregate, one hundred and forty thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face, the words, Deerfield Sewerage Loan, Act of 1935.
Each authorized issue shall constitute a separate loan.
Indebtedness incurred under this act shall be in excess of

Acts, 1935. — Chap. 343. 387

the statutory limit, but shall, except as provided herein, be
subject to chapter forty-four of the General Laws.

Section 7. The receipts from sewer assessments and
from payments made in lieu thereof shall be appropriated
for and applied to the pajonent of charges and expenses
incident to the maintenance and operation of said system
of sewerage and sewage disposal or to the extension thereof,
to the payment of interest upon bonds or notes issued for
sewer purposes or to the payment or redemption of such
bonds or notes.

Section 8. The board of selectmen may annually
appoint a clerk and may appoint a superintendent of sewers
who shall not be a member of the board. It may remove
the clerk or superintendent at its pleasure and shall define
their duties. Said board may, at its discretion, prescribe
for the users of said sewer system or systems such annual
rentals or charges based upon the benefits derived there-
from as it may deem proper, subject, however, to such rules
and regulations as may be fixed by vote of the town.

Section 9. All contracts made by the board of select-
men shall be made in the name of the town and shall be
signed by the board, but no contract shall be made or
obligation incurred by said board for any purpose in excess
of the amount of money appropriated by the town therefor.

Section 10. Said board may, from time to time, pre-
scribe rules and regulations for the connection of estates
and buildings with main drains and sewers, and for the
inspection of materials, the construction, alteration and
use of all connections and drains entering into such main
drains or sewers, and may prescribe penalties, not exceeding
twenty dollars, for each violation of any such rule or regula-
tion. Such rules and regulations shall be published at
least once a week for three successive weeks in some news-
paper published in the county of Franklin, and shall not
take effect until such publications have been made.

Section 11. No act shall be done under authority of
the preceding sections, except in the making of surveys and
other preliminary investigations, until the plans of any
such system of sewerage and sewage disposal have been
approved by the department of public health. Upon appli-
cation to said department for its approval, it shall give a
hearing, after due notice to the public. At such hearing,
plans showing in detail all the work to be done in the con-
struction of said systems of sewerage and sewage disposal
shall be submitted for approval by said department.

Section 12. This act shall be submitted for acceptance
to the legal voters of said town, at a special town meeting
held within one year after its passage. The vote on the
question of such acceptance shall be taken by ballot at said
meeting in answer to the following question which shall be
placed upon said ballot: — "Shall an act passed by the
general court in the year nineteen hundred and thirty-five
entitled 'An Act authorizing the Town of Deerfield to con-

388 Acts, 1935. — Chaps. 344, 345.

struct and operate a system of sewers', be accepted?" If a
majority of the voters voting in answer to said question
vote in the affirmative this act shall thereupon take full
effect, but not otherwise. No expenditure shall be made
and no liability incurred hereunder until such acceptance.

Approved June 13, 1935.

Chap.S4A An Act further defining the practice op dentistry.

Be it enacted, etc., as follows. •

G. L. (Ter Scction fifty of chapter one hundred and twelve of the

amended.' ^ ' General Laws, as appearing in the Tercentenary Edition, is
hereby amended by inserting after the word "others," in
the third line the words: — takes any impression of the
human teeth or jaws, or, — and by inserting after the word
"will" in the ninth line the words: — take any impression
of the human teeth or jaws or, — so as to read as follows: —
Practice of Scction 50. Any person who owns or carries on a dental
defined^ practice or business, or who, by himself, his servants or

agents, or by contract with others, takes any impression
of the human teeth or jaws, or performs any operation or
makes examination, with the intention of performing or
causing to be performed any operation on the human teeth
or jaws, or who describes himself by the word "dentist" or
other like word, or the letters "D.D.S." or other like letters,
or other like title in connection with his name, or who
advertises by sign, card, circular, pamphlet or newspaper,
or otherwise indicates that he by contract with others, or
by himself, his servants or agents, will take any impression
of the human teeth or jaws or perform any operation or
make examination, with the intention of performing or
causing to be performed any operation on the human teeth
or jaws, shall be deemed to be practicing dentistry within
the meaning of sections forty-three to fifty-three, inclusive,
and section sixty-five. Approved June 13, 1935.

Chap. 34:5 An Act providing for the annual listing of aliens in

ALL CITIES AND TOWNS OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

g. L. (Ter. SECTION 1. Section four of chapter fifty-one of the

ftc'^'amendtd General Laws, as amended by section five of chapter two
hundred and fifty-four of the acts of nineteen hundred and
thirty-three, is hereby further amended by striking out
the first paragraph and inserting in place thereof the fol-
ABsessors to lowing: — The assessors, assistant assessors, or one or more
persons^iiabie of them shall annually in January or February, visit every
andof°women buildiug in their respective cities and towns, and, after
voters and diligent inquiry, shall make true lists containing, as nearly
as they can ascertain, the name, age, occupation, national-
ity if not a citizen of the United States, and residence on

aliens.

Acts, 1935. — Chap. 346.

389

January first in the preceding year and in the current year,
of every male person twenty years of age or older, residing
in their respective cities and towns, liable to be assessed
for a poll tax, and of soldiers and sailors exempted from the
payment of a poll tax under section five of chapter fifty-
nine; and shall also make true lists containing the same
facts relative to every woman twenty years of age or older
residing in their respective cities a.nd towns.

Section 2. Said chapter fifty-one is hereby further
amended by striking out section seven, as amended by
section six of said chapter two hundred and fifty-four, and
inserting in place thereof the following: — Section 7. The
assessors shall name or designate in such street lists all
buildings used as residences, in their order on the street
where they are located, by giving the number or other
definite description of each building so that it can be
readily identified, and shall place opposite to or under each
number or other description of a building the name, age,
occupation and nationality if not a citizen of the United
States, of every person who is listed under section four, and
his residence on January first of the preceding year and of
the current year. Approved June IS, 1935.

G.L. (Ter.
Ed.), 61, 5 7,
etc., amended.

Form and
contents of
street lista.

An Act relative to the unauthorized practice of law. QjiQ/n 345

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and twenty-one of g. l. (Ter.
the General Laws is hereby amended by striking out sec- amended.'
tion forty-six, as appearing in the Tercentenary Edition,
and inserting in place thereof the following: — Section Corporations
46. No corporation or association shall practice or appear faw.*° ^'^*°*"'®
as an attorney for any person other than itself in any court
in the commonwealth or before any judicial body or hold
itself out to the public or advertise as being entitled to
practice law, and no corporation or association shall draw
agreements, or other legal documents not relating to its
lawful business, or draw wills, or give legal advice in matters
not relating to its lawful business, or practice law, or hold
itself out in any manner as being entitled to do any of the
foregoing acts, by or through any person orally or by adver-
tisement, letter or circular; provided, that nothing herein
shall prohibit a corporation or association from employing
an attorney in regard to its own afi"airs or in any litigation
to which it is or may be a party or the insurer of a party.
Any corporation or association violating this section shall be
punished by a fine of not more than one thousand dollars;
and every officer, agent or employee of any such corpora-
tion or association who, on behalf of the same, directly or
indirectly, engages in any of the acts herein prohibited, or
assists such corporation or association to do such prohibited
acts, shall be punished by a fine of not more than five
hundred dollars.

390

Acts, 1935. — Chap. 347.

G. L. (Ter.
Ed.). 221. new
sections 46A
and 46B.
added.
Persons not
members of
the bar for-
bidden to
practice law.

Courts may

restrain

violations.

G. L. (Ter.
Ed.), 221. §§47
and 49,
repealed.

Section 2. Said chapter two hundred and twenty-one
is hereby further amended by inserting after section forty-
six, as so appearing, the two following new sections: —
Section 46 A. No individual, other than a member, in good
standing, of the bar of this commonwealth shall practice
law, or, by word, sign, letter, advertisement or otherwise,
hold himself out as authorized, entitled, competent, qualified
or able to practice law; provided, that a member of the
bar, in good standing, of any other state may appear, by
permission of the court, as attorney or counselor, in any
case pending therein, if such other state grants like privi-
leges to members of the bar, in good standing, of this com-
monwealth.

Section 46B. The supreme judicial court and the
superior court shall have concurrent jurisdiction in equity,
upon petition of any bar association within the common-
wealth, or of three or more members of the bar of the com-
monwealth, or of the attorney general, to restrain viola-
tions of section forty-six or forty-six A.

Section 3. Sections forty-seven and forty-nine of said
chapter two hundred and twenty-one, as so appearing, are
hereby repealed. Approved June IS, 1936.

Chap.S^7 An Act authorizing the county of essex to pay a sum

OF MONEY TO CATHRINE L. o'lEARY OF LYNN.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral
obhgation the county of Essex may pay to Cathrine L.
O'Leary of Lynn a sum not exceeding two thousand dollars
on account of the death of her son Daniel J. O'Leary, who
was killed while an inmate of the county jail at Salem.

Section 2. Section two of chapter two hundred and
ninety-nine of the acts of the current year is hereby amended
by striking out, under the heading "Essex County", item
twenty-three and inserting in place thereof the following: —
Item 23 For miscellaneous and contingent expenses of the
current year, a sum not exceeding seven thousand dollars,
. . . 7,000, — and by striking out the last paragraph under
said heading and inserting in place thereof the following: —
And the county commissioners of Essex county are hereby
authorized to levy as the county tax of said county for
the current year, in the manner provided by law, the
sum of nine hundred seventy-seven thousand dollars, to
be expended, together with the cash balance on hand and
the receipts from other sources, for the above purposes,
$977,000.00. Approved June 13, 1935.

Acts, 1935. — Chaps. 348, 349. 391

An Act regulating conditional sales of motor vehi- Chav.S48

CLES.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and fifty-five of the o.L.^Ter.
General Laws is hereby amended by inserting after sec- Sction^isAf"
tion thirteen, as appearing in the Tercentenary Edition, added,
the following new section: — Section ISA. No instrument Conditional
evidencing a conditional sale of a motor vehicle shall be vehfcfes™" °'
valid unless it contains a provision that, in case of repos- regulated,
session and sale of such vehicle for default in payment of
any part of the purchase price, all sums paid on account of
such price and any sum remaining from the proceeds of
the sale of such repossessed vehicle after deducting the
reasonable expenses of such sale shall be applied in reduc-
tion of such price.

Section 2. This act shall not apply to instruments Application
made prior to its effective date. Approved June IS, 1935. **

An Act establishing in the town of falmouth repre- (^/j^^r). 349

SENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEET-
INGS.

Be it enacted, etc., as follows:

Section 1. Upon the acceptance of this act by the town
of Falmouth, as hereinafter provided, the selectmen and
board of registrars of voters, acting jointly, and hereinafter
referred to as the districting board, shall forthwith divide
the territory thereof into not less than three nor more than
five voting precincts, each of which shall be plainly desig-
nated and shall contain not less than four hundred regis-
tered 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 Hne 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 dis-
tricting board in December, once in five years, or in December
of any year when so directed by a vote of a representative
town meeting not later than November twentieth of that
year.

The districting board shall, within ten days after any
establishment 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 descriptions of the
precincts and the names and residences of the registered
voters therein. The districting board shall also cause to be
posted in the town hall a map or maps or description of
the precincts as estabhshed or revised from time to time,
with the names and residences of the registered voters
therein ; and it shall also cause to be posted in at least one
public place in each precinct a map or description of that

392 Acts, 1935. — Chap. 349.

precinct with the names and residences of the registered
voters therein. The division of the town into voting pre-
cincts and any revision of such precincts shall take effect
upon the date of filing of the report thereof by the district-
ing board 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 registered voters of the several precincts for elections,
for primaries, and for voting upon any question to be sub-
mitted 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 chapters fifty
to fifty-six, inclusive, of the General Laws, relating to pre-
cinct voting at elections, so far as the same are not incon-
sistent with this act, shall apply to all elections and prima-
ries in the town upon the establishment of voting precincts
as hereinbefore provided.

The registered voters in every precinct, at the first annual
town election held after the establishment of such precinct,
and the registered voters of any precinct affected by any
revision of precincts at the first annual town election follow-
ing such revision, conformably to the laws relative to elec-
tions not inconsistent with this chapter, shall elect by ballot
the number of registered voters in the precinct, other than
the officers designated in section three as town meeting
members at large, provided for in the first paragraph 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 aforesaid, the members elected from the precinct
shall by ballot determine the same. Thereafter, except as
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.

Acts, 1935. — Chap. 349. 393

The terms of office of all elected town meeting members
from every precinct 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, forthwith notify each such member by mail of
his election.

Section 3. Any representative town meeting held under
the provisions of this act, except as otherwise provided
herein, shall be limited to the voters elected under section
two, together with the following, to be designated town
meeting members at large: namely, any member of the
general court of the commonwealth who is a voter of the
town, the moderator, the town clerk and treasurer, the
members of the board of selectmen, the board of public
welfare, the tax collector, the members of the board of
health, the members of the school committee, the members
of the board of assessors, the members of the sewer com-
mission, the members of the park commission, the town ac-
countant, the chairman and clerk of the finance committee,
the chairman and secretary of the planning board, the high-
way surveyor, the tree warden, the members of the water
commission, and the trustees of public library. All the
foregoing shall be included within the general designation of
town meeting members.

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 ad-
journ 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 pubhc. The town meeting members
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. A town
meeting member who removes from the town shall cease to
be a town meeting 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 4. 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, shall be signed by not less than ten voters of the pre-
cinct in which the candidate resides, and shall be filed with

394 Acts, 1935. — Chap. 349.

the town clerk at least ten days before the election; pro-
vided, that any town meeting member may become a
candidate for re-election by giving written notice thereof
to the town clerk at least thirty days before the election.
No nomination papers shall be vahd in respect to any candi-
date whose written acceptance is not thereon or attached
thereto when filed.

Section 5. The articles in the warrant for every town
meeting, so far as they relate to the election of the modera-
tor, 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 shall be acted upon and determined ex-
clusively by town meeting members at a meeting to be held
at such time and place as shall be set forth by the selectmen
in the warrant for the meeting, subject to the referendum
provided for by section eight.

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

Section 7. 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 elec-
tion, 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
precinct, notice of any vacancy shall be promptly given by
the town clerk to the remaining members from the precinct
in which the vacancy or vacancies exist, and he shall call a
special meeting of such members for the purpose of filling
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 constitute a quo-
rum, and they shall elect from their own number a chair-
man and 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 ac-
ceptance by the member or members so chosen, who' shall
thereupon be deemed elected and qualified as a town meet-

Acts, 1935. — Chap. 349. 395

ing member or members, subject to the right of all town
meeting members to judge of the election and qualifica-
tions of the members as set forth in section three.

Section 8. A vote passed at any representative town
meeting authorizing the expenditure of twenty thousand
dollars or more as a special appropriation, or establishing
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 the expiration of five days,
exclusive of Sundays and holidays, from the dissolution
of the meeting. If, within said five days, a petition,
signed by not less than five per cent of the registered voters
in each precinct of the town, containing their names and
addresses as they appear on the list of registered voters, is
filed with the selectmen asking that the question or ques-
tions involved in such a vote be submitted to the registered
voters of the town at large, then the selectmen, after the
expiration of five days, shall forthwith call a special meet-
ing 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 by
ballot, and the check list shall be used in the several pre-
cinct 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, but no action of the repre-
sentative 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 repre-
sentative town meeting whereby it was voted (brief descrip-
tion of the substance of the vote)?" If such petition is not
filed within said period of five days, the vote of the repre-
sentative town meeting shall become operative and effec-
tive upon the expiration of said period.

Section 9. The town of Falmouth, after the accept-
ance of this act, shall have the capacity to act through and
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 munici-
pal corporation. Action in conformity with all provisions
of law now or hereafter applicable to the transaction of town

396 Acts, 1935. — Chap. 349.

affairs in town meeting, shall, when taken by any repre-
sentative 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 establish-
ment of representative town meeting government.

Section 10. The representative town meeting may make
such rules consistent with general law as may be considered
necessary for conducting its meetings.

Section 11. The representative town meeting may ap-
point 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 Fal-
mouth notwithstanding the provisions of this act.

Section 13. This act shall not abridge the right of the
inhabitants of the town of Falmouth to hold general meet-
ings, as secured to them by the constitution of this com-
monwealth; nor shall this act confer upon any representa-
tive town meeting in the town of Falmouth the power
finally to commit the town to any measure affecting its
municipal existence or substantially 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 14. This act shall be submitted to the regis-
tered voters of the town of Falmouth at any annual or spe-
cial town meeting. The vote shall be taken in precincts
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, in case of a special meeting,
upon the ballot to be used at said meeting, or, in case of an
annual meeting, upon the official ballot to be used for the
election of town officers: "Shall an act passed by the Gen-
eral Court in the year nineteen hundred and thirty-five, en-
titled 'An Act establishing in the town of Falmouth repre-
sentative town government by limited town meetings', be
accepted by this town? "

The provisions of this act shall take effect upon its ac-
ceptance by a majority of the voters voting on the question.

Section 15. If this act is rejected by the registered
voters of the town of Falmouth 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. Approved June 13, 1935.

Acts, 1935. — Chap. 350.

397

Chap.Z50

An Act further amending the law relative to the
weekly payment of wages.

Be it enacted, etc., as follows:

Chapter one hundred and forty-nine of the General Laws g. l. (Ter.
is hereby amended by striking out section one hundred and f ug.^eta,
forty-eight, as amended by section one of chapter one hun- amended.
dred and one of the acts of nineteen hundred and thirty-
two, and inserting in place thereof the following : — Section weekly pay-
148. Every person having employees in his service shall ^^ent of wages.
pay weekly each such employee the wages earned by him
to within six days of the date of said payment if employed
for six days in the week or to within seven days of the date of
said payment if employed seven days in the week, or, in the
case of an employee who has worked for a period of less
than six days, hereinafter called a casual employee, shall,
within seven days after the termination of such period,
pay the wages earned by such casual employee during such
period ; but any employee leaving his employment shall be
paid in full on the following regular pay day, and, in the
absence of a regular pay day, on the following Saturday;
and any employee discharged from such employment shall
be paid in full on the day of his discharge, or in Boston as
soon as the laws requiring pay rolls, bills and accounts to
be certified shall have been complied with; and the com-
monwealth, its departments, officers, boards and commis-
sions shall so pay every mechanic, workman and laborer
employed by it or them, and every person employed in any
other capacity by it or them in any penal or charitable
institution, and every county and city shall so pay every
employee engaged in its business the wages or salary earned
by him, unless such mechanic, workman, laborer or em-
ployee requests in writing to be paid in a different manner;
and every town shall so pay each employee engaged in its
business if so required by him; but an employee absent
from his regular place of labor at a time fixed for payment
shall be paid thereafter on demand; provided, however,
that the department of public utiUties, after hearing, may
authorize a railroad corporation or a parlor or sleeping car
corporation to pay the wages of any of its employees less
frequently than weekly, if such employees prefer less fre-
quent payments, and if their interests and the interests
of the public will not suffer thereby; and provided, further,
that employees engaged in agricultural work or in domestic
service may be paid their wages monthly; in either case,
however, failure by a railroad corporation or a parlor or
sleeping car corporation to pay its employees their wages as
authorized by the said department, or by an employer of
employees engaged in agricultural work or in domestic
service to pay monthly the wages of his or her employees,
shall be deemed a violation of this section. This section
shall not apply to an employee of a co-operative associa-

398 Acts, 1935. — Chaps. 351, 352.

tion if he is a shareholder therein, unless he requests such
association to pay him weekly, nor to casual employees as
hereinbefore defined employed by the commonwealth or
by any county, city or town. No person shall by a special
contract with an employee or by any other means exempt
himself from this section or from section one hundred and
fifty. The president and treasurer of a corporation and
any officers or agents having the management of such
corporation shall be deemed to be the employers of the
employees of the corporation within the meaning of this
section. Every pubUc officer whose duty it is to pay money,
approve, audit or verify pay rolls, or perform any other
official act relative to payment of any public employees,
shall be deemed to be an employer of such employees, and
shall be responsible under this section for any failure to
perform his official duty relative to the payment of their
wages or salaries, unless he is prevented from performing
the same through no fault on his part. Whoever, except a
person engaged in agriculture, violates this section shall be
punished by a fine of not less than ten nor more than fifty
dollars or by imprisonment in the house of correction for
not more than two months, or both.

Approved June IS, 1935.

Chap.S51 An Act repealing a certain provision of law relative

TO THE reopening OF CERTAIN CASES UNDER THE WORK-
MEN'S COMPENSATION LAW.

Be it enacted, etc., as follows:

Chapter one hundred and seventeen of the acts of nine-
teen hundred and thirty-two is hereby amended by striking
out section two. Approved June 13, 1935.

Chap. 352 An Act subjecting the office of superintendent of

STREETS OF THE CITY OF TAUNTON TO THE CIVIL SERVICE
LAWS.

Be it enacted, etc., as follows:

Section 1. The office of superintendent of streets of
the city of Taunton shall, upon the effective date of this
act, become subject to the civil service laws and rules and
regulations, and the term of office of any incumbent thereof
shall be unlimited, subject, however, to such laws; but the
person holding said office on said effective date may con-
tinue therein without taking a civil service examination.

Section 2. This act shall be submitted for accept-
ance to the registered voters of the city of Taunton 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 year nineteen hundred and thirty-

Acts, 1935. — Chap. 353. 399

five, entitled 'An Act subjecting the Office of Superintendent
of Streets of the City of Taunton to the Civil Service Laws',
be accepted?" If a majority of the voters voting thereon
vote in the affirmative in answer to said question, this act
shall thereupon take full effect, but not otherwise.

Approved June 13, 1935.

An Act placing the office of chief of the fire depart- (7/1079.353
ment of the city of leominster 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 Leominster 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 tenure of office of any incum-
bent thereof shall be unlimited, subject, however, to such
laws; but the person holding said office on said effective
date may continue to serve as such without taking a civil
service examination.

Section 2. Section eleven of chapter three hundred and
thirty-eight of the Special Acts of nineteen hundred and
fifteen, as amended by section two of chapter sixty-six of
the acts of nineteen hundred and thirty-two, is hereby
further amended by inserting after the word "tenure" in
the nineteenth line the words: — or an appointive officer
whose office has become subject to the civil service laws
and rules and regulations made thereunder, — so as to
read as follows: — Section 11. The council may from time
to time, subject to the provisions of this act and in accord-
ance with the general laws, provide by ordinance for the
estabhshment of any additional boards and other offices;
for reorganizing, consolidating or abolishing departments or ,

boards in whole or in part; for transferring the duties,
powers and appropriations of one department to another in
whole or in part; for establishing new departments; for
increasing, reducing, establishing or abohshing salaries of
heads of departments or of members of boards; and for
the said purposes may delegate to such boards, offices and
departments the administrative powers given by general
laws to city councils and boards of aldermen. It shall be
the duty of the mayor to appoint, on or before the first
Monday in February of each year, in accordance with the
provision of this section, all the appointive officers above
specified, except a superintendent of wires in case such
office is filled by an incumbent holding office on unfimited
tenure or an appointive officer whose office has become sub-
ject to the civil service laws and rules and regulations made
thereunder, and unless it is otherwise provided, all those
for whom provision'^shall hereafter be made; and their
terms of office shall begin on the first Monday in February

400

Acts, 1935. — Chap. 354.

and shall continue for one year, or for such other period as
the council shall by ordinance in any case provide, except
that the term of office of all the officers so specified who
shall first be appointed hereunder shall begin respectively
upon their appointment and qualification. Every adminis-
trative officer shall, unless sooner removed, hold office until
his successor is appointed and qualified. All salaries and
compensation of all employees may be fixed by ordinance
by the council, except as is otherwise provided herein.

Section 3. This act shall be submitted to the regis-
tered voters of said city at the regular municipal 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-five, entitled 'An
Act placing the Office of Chief of the Fire Department of
the City of Leominster 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 full effect, but not otherwise.

Approved June IS, 1935.

G. L. (Ter.
Ed.), 60. S 68,
etc., amended.

Redemption
of land from
tax sales.

Chap. 354: An Act providing for redemption in part from tax

SALES IN CERTAIN CASES.

Be it enacted, etc., as follows:

Section 1. Section sixty-eight of chapter sixty of the
General Laws, as most recently amended by section three
of chapter two hundred and twenty-four of the acts of the
current year, is hereby further amended by adding at the
end thereof the following new paragraph : —

If the land has been divided by sale, mortgage, upon a
petition for partition or otherwise and such division has
been duly recorded in the registry of deeds, the court may
permit redemption of any of the portions into which the
land has been divided, upon such terms as it may deem just
and equitable toward all parties and may make a decree
under section sixty-nine barring redemption of the remain-
ing portions.

Section 2. Said chapter sixty is hereby further amended
by inserting after section seventy-six, as appearing in the
Tercentenary Edition, the following new section : — Sec-
tion 76 A. If real estate has been divided by sale, mortgage,
upon a petition for partition or otherwise and such division
has been duly recorded in the registry of deeds, and such
real estate has been taken or sold for failure to pay a tax
assessed on it as a whole, the land court, upon petition by
the owner or mortgagee of any portion thereof, may, after
notice to all other persons interested in any portion of such
real estate, permit the petitioner to redeem the portion in
which he is interested, in the manner provided by section
seventy-six, upon such terms as it may deem just and

G. L. (Ter.
Ed.), 60, new
section 76A,
added.

Redemption
of part of
land.

Acts, 1935. — Chaps. 355, 356. 401

equitable both toward the petitioner and toward such other
persons.

Section 3. This act shall take effect on the first day of Effective date.
October in the current year, and shall apply to all land and
taxes thereon, whether the property was purchased or taken,
or divided, before or after said date, and section one hereof
shall apply to petitions for foreclosure of tax titles brought
prior to said date, if returnable then or thereafter.

Approved June 13, 1935.

An Act relative to the salaries of the members and (JJidj) 355

THE SECRETARY OF THE LICENSING BOARD FOR THE CITY
OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section two of chapter two hundred and
ninety-one of the acts of nineteen hundred and six, as
affected by chapter seventy-six of the acts of nineteen hun-
dred and twenty-seven, is hereby amended by striking out,
in the second line, the words "four thousand" and inserting
in place thereof the words: — fifty-five hundred, — by
striking out, in the third line, the words "thirty-five hun-
dred" and inserting in place thereof the words: — five
thousand, — and by striking out, in the fourth line, the
words "twenty-five hundred" and inserting in place thereof
the words: — five thousand, — so as to read as follows: —
Section 2. The annual salary of the chairman of said board
shall be fifty-five hundred dollars, that of each of the other
two members five thousand dollars, and that of the secre-
tary five thousand dollars. Such salaries shall be paid in
monthly instalments by the city of Boston. Subject to the
approval of the governor and council, said board shall be
provided with such rooms, in the headquarters of the police
commissioner hereinafter named, as shall be convenient and
suitable for the performance of its duties, the rent of which
shall be paid by the city of Boston. Said rooms shall be
suitably furnished and equipped, and the expense therefor
shall be paid by said city upon requisition of said board.

Section 2. Nothing in this act shall affect the provi-
sions of chapter three hundred and eighty-seven of the acts
of nineteen hundred and nine.

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

Approved June 14, 1935.

An Act re-establishing a portion of the town line be- Chav. 356

TWEEN the towns OF BREWSTER AND ORLEANS.

Be it enacted, etc., as follows:

Section 1. The following described line shall hereafter
constitute a portion of the boundary line between the towns
of Brewster and Orleans: — beginning at a point in the

402 Acts, 1935. — Chap. 357.

Brewster-Orleans line which is in the westerly line of the
County road as relocated by the county commissioners
April thirtieth, nineteen hundred and thirty-five, said point
bearing about three feet north twenty-eight degrees twenty-
seven minutes west from town bound number five, as shown
in the state boundary atlas; thence in a generally southerly
direction following the westerly line of the County road as
now laid out about eighteen hundred and sixteen feet to a
point bearing N82-57-34W three and ninety-two one hun-
dredths feet from town bound number six; thence S82-57-
34E sixty-one and fifty-four one hundredths feet to a point
bearing N82-57-34W twelve and thirteen one hundredths
feet from town bound number seven; thence in a generally
southerly direction following the easterly line of the County
road as now laid out about thirty-three hundred and four-
teen feet to a point bearing south forty-nine degrees forty-
four minutes east about eight feet from town bound num-
ber eight, said point being the intersection of the easterly
line of the County road and the Brewster-Orleans town fine.
Section 2. This act shall take effect upon its passage.

Approved June 20, 1935.

Chap.S57 An Act further regulating the powers of the Salis-
bury WATER SUPPLY COMPANY.

Emergency Whereas, 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 preservation

of the public convenience.

Be it enacted, etc., as follows:

Chapter two hundred and forty-three of the Special Acts
of nineteen hundred and fifteen is hereby amended by strik-
ing out section five and inserting in place thereof the fol-
lowing:— Section 5. Said corporation may distribute
water through the town of Salisbury or any part thereof,
may make such contracts with said town or with any fire
district now or hereafter established therein, or with any
individual or corporation, to supply water for the extin-
guishment of fires or for other purposes as may be agreed
upon, may regulate the use of water so distributed, may
maintain and .operate a system of sewage disposal and con-
tract with said town, or with any individual or corpora-
tion, relative to the same, and may fix rates to be paid for
the use of said water and sewer system ; provided, that all
rates established hereunder to be paid for the use of water
so distributed shall be subject to revision and control by
the department of public utilities and all rates so established
for use of said system of sewage disposal are hereby sub-
jected to like revision and control by said department.

Approved June SO, 1935,

Acts, 1935. — Chap. 358. 403

An Act relative to probation of persons convicted (JfiQy 353

IN THE COURTS AND SENTENCED TO PAY FINES ONLY. ^'

Be it enacted, etc., as follows:

Section 1. Section one of chapter two hundred and o. l. (Xer.
seventy-nine of the General Laws, as most recently amended ftl"! "amended.
by section one of chapter two hundred and five of the acts
of nineteen hundred and thirty-four, is hereby further
amended by inserting after the word "and" in the eighth
line the words: — in its discretion, — and by striking out,
in the twelfth line, the word "shall" the second time it ap-
pears and inserting in place thereof the words: — may in
its discretion, — so as to read as follows: — Section 1. Execution of
When a person convicted before a court is sentenced to im- gugpXion of
prisonment, the court may direct that the execution of the in certain
sentence be suspended, and that he be placed on probation
for such time and on such terms and conditions as it shall
fix. When a person so convicted is sentenced to pay a fine,
and to stand committed until it is paid, the court may direct
that the execution of the sentence be suspended for such
time as it shall fix, and in its discretion that he be placed on
probation on condition that he pay the fine within such
time. If the fine does not exceed fifteen dollars and the
court finds that the defendant is unable to pay it when im-
posed, the execution of the sentence shall be suspended and
he may in its discretion be placed on probation, unless the
court shall find that he will probably default, or that such
suspension will be detrimental to the interests of the public.
If he is committed for non-payment of a fine, the order of
commitment shall contain a recital of the findings of the
court on which suspension is refused. The fine shall be
paid in one payment, or in part payments, to the proba-
tion officer, and when fully paid the order of commitment
shall be void. The probation officer shall give a receipt for
every payment so made, shall keep a record of the same,
shall pay the fine, or all sums received in part payment
thereof, to the clerk of the court at the end of the period of
probation or any extension thereof, and shall keep on file
the clerk's receipt therefor. If during or at the end of said
period the probation officer shall report that the fine is in
whole or in part unpaid, and in his opinion the person is
unwilling or unable to pay it, the court may either extend
said period, place the case on file or revoke the suspension
of the execution of the sentence. When such suspension is
revoked, in a case where the fine has been paid in part, the
defendant may be committed for default in payment of
the balance.

The provisions of this section shall not permit the sus-
pension of the execution of the sentence of a person con-
victed of a crime punishable by death or imprisonment for
life or of a crime an element of which is being armed with a
dangerous weapon, or of a person convicted of any other

404

Acts, 1935. — Chaps. 359, 360.

Effective date.

felony if it shall appear that he has been previously con-
victed of any felony, or of a person convicted of operating
a motor vehicle while under the influence of intoxicating
liquor if such offence was committed within a period of six
years immediately following his final conviction of a like
offence by a court or magistrate of the commonwealth.

Section 2. This act shall take effect on the first day of
October in the current year. Approved June 20, 1935.

Chap. 359 An Act requiring certain notices from employers not

INSURED UNDER THE WORKMEN'S COMPENSATION LAW.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws
is hereby amended by inserting after section nineteen, as
appearing in the Tercentenary Edition, the following new
section: — Section 19 A. In each year on or before January
fifteenth, every employer of more than five persons who is
not then an insured person, as defined in section one, shall
report that fact to the department in such manner as it
shall prescribe, and such reports shall become public records.
Any employer, except a county, city, town or district, re-
fusing to make any such report shall be punished by a fine
of not more than ten dollars. Approved June 20, 1935.

G. L. (Ter.
Ed.). 152, new
section 19A,
added.

Notices from
employers of
number
employed.

C/iap. 360 An Act relative to the issuance of new licenses for

THE operation OF MOTOR VEHICLES AFTER THE REVOCA-
TION OF FORMER LICENSES THEREFOR IN CERTAIN CASES.

Be it enacted, etc., as follows:

Section twenty-four of chapter ninety of the General
Laws, as amended by section one of chapter twenty-six of
the acts of nineteen hundred and thirty-two, is hereby
further amended by striking out, in the eighty-third line,
the word "final" and inserting in place thereof the words: —
his original, — so that the sentence included in lines sixty-
five to ninety-seven, inclusive, shall read as follows: — The
registrar in his discretion may issue a new license to any
person acquitted in the appellate court, or after an investiga-
tion or upon hearing may issue a new license to a person
convicted in any court; provided, that no new license shall
be issued by the registrar to any person convicted of operat-
ing a motor vehicle while under the influence of intoxicat-
ing liquor until one year after the date of final conviction,
if for a first offence, or five years after any subsequent
conviction, or to any person convicted of going away
without stopping and making known his name, residence
and the number of his motor vehicle after having, while
operating such vehicle upon any way or in any place to
which the public has a right of access, knowingly collided
with or otherwise caused injury to any person, until one

G. L. (Ter.
Ed.), 90, § 24,
etc., amended.

Issuance of
new licenses
to operate
motor vehicles
after revo-
cation.

Acts, 1935. — Chaps. 361, 362. 405

year after the date of his original conviction, if for a first
offence, or two years after any subsequent conviction, or to
any person convicted of violating any other provision of
this section until sixty days after the date of his original
conviction, if for a first offence, or one year after the date of
any subsequent conviction; and provided, further, that
notwithstanding the foregoing, no new license shall be
issued by the registrar to any person convicted of operating
a motor vehicle while under the influence of intoxicating
liquor, until ten years after the date of final conviction, in
case the registrar determines, upon investigation and after
a hearing, that the action of the person so convicted in
committing such offence caused an accident resulting in the
death of another, nor at any time after a subsequent final
conviction of a like offence, in case the registrar determines
in the manner aforesaid that the action of such person so
subsequently convicted in committing such subsequent
offence caused an accident resulting in the death of another.

Approved June 20, 1935.

An Act relative to payments under the workmen's ni^fj^ q«i

COMPENSATION LAW TO DEPENDENTS OF DECEASED MINOR ^'

EMPLOYEES.

Be it enacted, etc., as follows:

Section thirty-two of chapter one hundred and fifty- g. l. (Ter.
two of the General Laws, as appearing in the Tercentenary amended^.' ^ ^^'
Edition, is hereby amended by inserting after paragraph (e)
the following paragraph: —

If a parent determined to be dependent for support in Surviving
whole or in part on a child shall die, leaving the other parent ^ucc^eVto
surviving, the surviving parent shall succeed to the rights g'tf^'^g^gation
to compensation of the deceased parent, if such child was
living with such surviving parent at the time of the injury
resulting in the death of such child.

Approved June 20, 1935.

An Act relative to the obstruction of harbors or the fjhnnj qao

CHARLES RIVER BASIN BY THE GROUNDING OF VESSELS ^'

AND OTHER FLOATING STRUCTURES, AND PROVIDING A
PENALTY FOR BREAKING UP OR ALTERING ANY SUCH
STRUCTURE WITHIN THE LIMITS OF ANY HARBOR OR SAID
BASIN WITHOUT A LICENSE THEREFOR.

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

Be it enacted, etc., as follows:

Section 1. Chapter ninety-one of the General Laws is q. l. (Ter.
hereby amended by inserting after section forty-six, as ^ctionVeA,*
appearing in the Tercentenary Edition, the following new added.

406

Acts, 1935. — Chap. 363.

Penalty for
breaking up
vessels, etc.,
without a
license.

G. L. (Ter.
Ed.). 91, §49,
amended.
Penalty for
grounding
scow, etc.

section : — Section 46 A . Whoever, without first obtaining
the license required by section forty-six, causes or permits
the work of breaking up or altering of any vessel, scow,
lighter or other structure, as described in said section, shall
be subject to a penalty of not less than five dollars nor more
than five hundred dollars to the use of the commonwealth
to be recovered by an information in equity brought by the
attorney general in the superior court.

Section 2. Said chapter ninety-one is hereby further
amended by striking out section forty-nine, as so appearing,
and inserting in place thereof the following: — Section 1^.9.
Whoever grounds or abandons any vessel, scow, lighter
or other floating structure within the limits of any harbor
of the commonwealth or upon any property other than his
own, along the shores of the commonwealth without the
permission of the owner of said property, or permits other
persons to do so, or whoever being the owner of, in whole
or in part, or agent or other person exercising any control
over, such vessel, scow, lighter or structure which has, or
has been, so grounded or abandoned, fails to remove the
same within such time as shall be designated in a written
notice by the department of public works, shall be punished
by a fine of not less than fifty dollars nor more than five
hundred dollars. This section shall not apply in any case,
where, by reason of accident, emergency, errors of naviga-
tion, or in order to prevent loss of life or the sinking of a
vessel, scow, lighter or other structure, such vessel, scow,
lighter or structure is or has been grounded within the
limits of any harbor or on any of the shores of the common-
wealth. The provisions of this section shall be enforced by
the department of public safety and by all other officers
authorized to make an arrest. If, in any prosecution under
this section, the defendant alleges that such structure was
grounded or abandoned on property with the permission
of the owner of said property, the burden of proving said
permission shall be upon the defendant.

Approved June 21, 1935.

Chap. SQS An Act requiring the installation of pick clocks, so

CALLED, ON LOOMS IN CERTAIN TEXTILE FACTORIES.

G. L. (Ter.
Ed.), 149,
§ 156,
amended.

Pick clocks.

Be it enacted, etc., as follows:

Section 1. Section one hundred and fifty-six of chapter
one hundred and forty-nine of the General Laws, as appear-
ing in the Tercentenary Edition, is hereby amended by
inserting after the word "identification" in the eleventh
line the words: — ; and in factories operating the looms
on a piece rate basis pick clocks shall be placed on each
loom, other than a gang loom, so called, in operation on work
other than carpet weaving or elastic web weaving, and each
weaver shall be paid according to the number of picks regis-
tered on said clock, — so as to read as follows: — Section 156.

Acts, 1935. — Chap. 363.

407

The occupier or manager of every textile factory shall post instaUation of
in every room where any employees work by the job, in factories!'
legible writing or printing, and in sufficient numbers to be
easily accessible to such employees, specifications of the
character of each kind of work to be done by them, and the
rate of compensation. Such specifications in the case of
weaving rooms shall state the intended and maximum
length of a cut or piece, the count per inch of reed, and the
number of picks per inch, width of loom, width of cloth
woven in the loom, and the price per cut or piece, or per
pound; or, if payment is made per pick or per yard, the
price per pick or per yard; and each warp shall bear a
designating ticket or mark of identification ; and in factories
operating the looms on a piece rate basis pick clocks shall
be placed on each loom, other than a gang loom, so called,
in operation on work other than carpet weaving or elastic
web weaving, and each weaver shall be paid according to the
number of picks registered on said clock. In roving or
spinning rooms, the number of roving or yarn and the price
per hank for each size machine shall be stated; and each
machine shall bear a ticket stating the number of the roving
or yarn made upon it. In spooling rooms the boxes shall
bear a ticket stating the number of pounds the box contains
and the price per pound. The maximum length of a cut or
piece shall not exceed its intended length by more than
three per cent; but if it appears that a variation in excess of
the amount hereinbefore set forth has been caused in whole
or in part by any weaver in the employ of any person
charged with the violation of this section, it shall be deemed
a sufficient defence to a prosecution. The said specifica-
tions shall also contain a detailed schedule of the method of
computation of the price of cotton or silk or mixed cotton
and silk weaving to be paid by the said occupier or manager,
and no particular in the specifications shall be expressed
by means of symbols, but every particular shall be suffi-
ciently clear and complete to enable the operative to de-
termine readily the price payable for the cut or piece.
Violation of any provision of this section shall for the first
offence be punished by a fine of one hundred dollars, for
the second offence by a fine of two hundred dollars, and for
a subsequent offence by a fine of five hundred dollars or by
imprisonment for not more than one month, or both.

Section 2. This act shall take effect on December Effective date,
thirty-first, nineteen hundred and forty.

Approved June 21 y 1985.

408
C/iap.364

G. L. (Ter.
Ed.). 152. new
section 34A,
added.

Payments for
total disability
regulated.

Acts, 1935. — Chap. 364.

An Act providing for payments for total and perma-
^ nent disability under the workmen's compensation

LAW AND establishing METHODS OF DETERMINING THE

same.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws
is hereby amended by inserting after section thirty-four, as
appearing in the Tercentenary Edition, the following new
section: — Section 34A. At any time before or after an in-
jured employee has received the maximum compensation
to which he is or may be entitled under sections thirty-four
and thirty-five, or either of them, such employee and the
insurer may agree, or, on application for a hearing by either
party, a member or, on review, the board may find, that
the disability suffered by the injured employee is total and
permanent. After such an agreement or finding, during
the continuance of such total and permanent disability,
the insurer shall make or continue to make payments to
the injured employee under section thirty-four so long as
compensation is payable under said section, and thereafter
during such continuance shall pay to the injured employee
a weekly compensation equal to one half his average weekly
wages, but not more than eighteen dollars a week nor less
than nine dollars a week, except that the weekly compensa-
tion of the injured employee shall be equal to his average
weekly wages in case such wages are less than nine dollars ;
but in no case shall such compensation be less than seven
dollars a week where the normal working hours of the in-
jured employee were fifteen hours or more a week. In any
hearing or investigation under this chapter, loss of both
hands, or both feet, or both legs, or both eyes, or injury to
the skull resulting in incurable imbecility or insanity, or
injury to the spine resulting in permanent and complete
paralysis of both legs or both arms shall, in the absence of
conclusive proof to the contrary, constitute permanent total
disabihty. In all other cases permanent total disabifity
shall be determined in accordance with the facts, and proof
thereof shall be by weight of the evidence. If an employee
who has been agreed or found to be totally and permanently
disabled earns wages at any time thereafter, payments of
compensation may be suspended in the manner provided
by section twenty-nine. If such wages are earned before
the injured employee has received the maximum com-
pensation to which he is or may be entitled as aforesaid,
such employee, during the period of suspension, may, if
otherwise entitled thereto, receive payments under section
thirty-five; but if such wages are earned after he has re-
ceived such maximum, no payments shall be made during
such period. Approved June 21, 1935.

Acts, 1935. — Chaps. 365, 366.

409

An Act relative to the penalty for poultry thieving. QJiav 365

Be it enacted, etc., as follows:

Section twenty-two of chapter two hundred and sixty-six g. l. (Ter.
of the General Laws, as appearing in the Tercentenary fmenle^d.' ^ ^^'
Edition, is hereby amended by inserting after the word "of"
in the third hne the word : — hve, — by inserting after the
word "entering" in the eighth hne the following: — , if a
first offence, — by striking out, in the ninth line, the words
"less than one hundred nor" and, in the tenth and eleventh
lines, the words "less than six months nor", — and also by
adding at the end thereof the following: — and, if a subse-
quent offence, by such fine or imprisonment, or both, or by
imprisonment in the state prison for not more than three
years, — so as to read as follows : — Section 22. Whoever, Penalty for
with intent to commit larceny, breaks or enters or enters in thk^dng.
the night without breaking any building or enclosure
wherein is kept or confined any kind of live poultry, may
be detained or kept in custody in a convenient place by the
owner of the poultry, or by his agent or employee, for not
more than twenty-four hours, Sunday excepted, until a
complaint can be made against him for the offence and he
be taken upon a warrant issued upon such complaint, and,
upon conviction of such trespassing or breaking or entering,
if a first offence, shall be punished by a fine of not more than
five hundred dollars or by imprisonment in the house of
correction for not more than two years, or by both such
fine and imprisonment and, if a subsequent offence, by such
fine or imprisonment, or both, or by imprisonment in the
state prison for not more than three years.

Approved June 21, 1935.

An Act establishing the salary of the justice of the
district court of peabody.

Be it enacted, etc., as follows:

Section 1. Section seventy-six of chapter two hundred
and eighteen of the General Laws, as amended by section
one of chapter two hundred and sixty-nine of the acts of
nineteen hundred and thirty-two, is hereby further amended
by adding at the end thereof the following: — ; district
court of Peabody, three thousand dollars, — so as to read
as follows: — Section 76. The salary of the justice of the
Boston juvenile court shall be five thousand dollars, and
that of the clerk of said court an amount equal to seventy-
five per cent of the salary of the justice. The salary of the
justice of the municipal court of the Charlestown district
shall be forty-five hundred dollars. The salary of the
justice of the municipal court of the South Boston district
shall be forty-five hundred dollars. The salaries of the
justices of the following district courts shall severally be as

C/iap. 366

G. L. (Ter.
Ed.). 218, J 76,
etc., amended.

Salaries of
justices of
certain district
courts.

410

Acts, 1935. — Chaps. 367, 368.

follows: First district court of Barnstable, twenty-seven
hundred dollars; second district court of Essex, twenty-
four hundred dollars; second district court of Plymouth,
thirty-two hundred dollars; third district court of Plym-
outh, twenty-five hundred dollars; fourth district court of
Plymouth, twenty-five hundred dollars; district court of
Peabody, three thousand dollars.
G. L. (Ter. SECTION 2. Sectiou eighty of said chapter two hundred

S^enckd ' ^ ^^' ^^^ eighteen, as appearing in the Tercentenary Edition, is
hereby amended by adding at the end thereof the following
new sentence: — The salary of the clerk of the district
court of Peabody shall be equal to sixty per cent of the
salary established for the justice of said court.

Section 3. This act shall take effect upon its accept-
ance during the current year by the county commissioners
of Essex county. Approved June 21, 1935.

Salary of clerk
of district
court of
Peabody.

Acceptance
of act.

G. L. (Ter.
Ed.), 15. § 12,
amended.

Division of
immigration
and American-
ization.

Chap. 367 An Act providing for a full time director of the divi-
sion OF immigration and AMERICANIZATION.

Be it enacted, etc., as follows:

Chapter fifteen of the General Laws is hereby amended
by striking out section twelve, as appearing in the Ter-
centenary Edition, and inserting in place thereof the fol-
lowing:— Section 12. The division of immigration and
Americanization shall consist of a director, at such salary,
not exceeding thirty-five hundred dollars, as the governor
and council may determine, and an advisory board of six
persons. Upon the expiration of the term of office of a
director of the division, his successor shall be appointed for
five years by the governor, with the advice and consent
of the council. Two members of the advisory board shall
be appointed annually for three years each, by the governor,
with like advice and consent. Said board shall meet quar-
terly and at such times as may be determined by the di-
rector; provided, that a special meeting shall be called by
the director on the written request of any three members.
The members of said board shall receive no compensation
for their services, but shall be reimbursed for their actual
necessary expenses incurred in the performance of their
duties. Approved June 21, 1935.

ChaV.SQS ^^ "^^"^ MAKING FURTHER PROVISION FOR THE CONSTRUC-
TION OF AN OVERPASS OVER HUNTINGTON AVENUE AT OR
NEAR ITS INTERSECTION WITH RIVERWAY AND JAMAICA-
WAY IN BOSTON AND BROOKLINE.

Be it enacted, etc., as follows:

Chapter three hundred and eighty of the acts of nineteen
hundred and thirty-four is hereby amended by striking out
section three and inserting in place thereof the following : —

Acts, 1935. — Chap. 369. 411

Section 3. The department may make a contract or con-
tracts for said work herein authorized if the federal authori-
ties give proper assurance that the federal government will
furnish the funds necessary to meet the cost of the construc-
tion involved in the work, notwithstanding the provisions of
section twenty-seven of chapter twenty-nine of the General
Laws, as appearing in the Tercentenary Edition.

Approved June 21, 1936.

An Act relative to the sale and distribution of eggs. Qjidj) 359
Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby g. l. (Ter.
amended by inserting after section ninety, as appearing ^ction^goX''
in the Tercentenary Edition, the following new section: — added.
Section 90 A. Except as hereinafter otherwise provided, saieofeggs
no person shall sell, or offer, expose or advertise for sale, '■^suiated.
eggs as "fresh eggs", "strictly fresh eggs", "nearby eggs"
or "new-laid eggs" or eggs described with words of similar
import, unless they meet the following specifications when
examined by a method known as "candUng", viz.: — (1)
the shell shall be clean and sound, (2) the air cell shall be
not more than one quarter inch in depth and shall be local-
ized and regular in outline, (3) the white shall be firm and
clear, (4) the yolk shall not be plainly visible but may be
dimly or shghtly visible, and (5) there shall be no visible
germ development..

Not more than ten per cent of the number of eggs sold
at wholesale or offered, exposed or advertised for sale as
aforesaid under any such description, and not more than
two eggs in each dozen sold at retail or offered, exposed or
advertised for sale as aforesaid under any such description,
may vary from the foregoing specifications but only in the
following particulars: — (1) the air cell may be not more
than three eighths of an inch in depth and may be slightly
tremulous, (2) the yolk may be plainly visible and mobile,
(3) the white may be reasonably firm, and (4) germ de-
velopment may be slightly visible; and, in addition, there
shall be permitted, in respect to the selling, or offering,
exposing or advertising for sale, of eggs at wholesale as
aforesaid, a reasonable tolerance established by rules and
regulations of the department, authority to establish the
same being hereby granted.

No person shall sell, or offer or expose for sale, eggs which
have been preserved or protected by treating the shells
thereof unless the basket, box or other container in which
the eggs are placed shall be plainly marked with letters not
less than one half inch in height as "shell-treated" or "shell-
protected". Whoever violates any provision of this sec-
tion shall be punished by a fine of not more than twenty-five
dollars for the first offence, and not more than one hundred
dollars for each subsequent offence. The department of
agriculture shall enforce the provisions of this section.

Approved June 21, 1935.

412

Acts, 1935. — Chap. 370.

G. L. (Ten
Ed.), 71, new
section 30A,
added.

Oath required
of teacher8, etc.

Chap. S70 An Act requiring that an oath or affirmation be

TAKEN AND SUBSCRIBED TO BY CERTAIN PROFESSORS, IN-
STRUCTORS AND TEACHERS IN THE COLLEGES, UNIVERSI-
TIES AND SCHOOLS OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. Chapter seventy-one of the General Laws
is hereby amended by inserting after section thirty, as ap-
pearing in the Tercentenary Edition, the following new
section: — Section 30 A. Every citizen of the United
States entering service, on or after October first, nineteen
hundred and thirty-five, as professor, instructor or teacher
at any college, university, teachers' college, or public or
private school, in the commonwealth shall, before entering
upon the discharge of his duties, take and subscribe to,
before an officer authorized by law to administer oaths, or,
in case of a public school teacher, before the superintendent
of schools or a member of the school committee of the city
or town in whose schools he is appointed to serve, each of
whom is hereby authorized to administer oaths and afl&rma-
tions under this section, the following oath or affirmation: —
"I do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of
the Commonwealth of Massachusetts, and that I will faith-
fully discharge the duties of the position of (insert name of
position) according to the best of my abifity." Such oath
or affirmation shall be so taken and subscribed to by him in
duplicate. One of such documents shall be filed with such
superintendent of schools or principal officer of such col-
lege, university or school in the commonwealth and shall
be transmitted by him to the commissioner of education,
and the other shall be delivered by the subscriber to the
board, institution or person emplojang him. No professor,
instructor or teacher who is a citizen of the United States
shall be permitted to enter upon his duties within the
commonwealth unless and until such oath or affirmation
shall have been so subscribed and one copy thereof so filed
and the other so delivered.

Section 2. Every citizen of the United States who,
upon the effective date of this act, is in service as a pro-
fessor, instructor or teacher at any college, university,
teachers' college, or public or private school, in the com-
monwealth, shall within sixty days after said date comply
with the pertinent provisions of section thirty A of chapter
seventy-one of the General Laws, inserted therein by section
one of this act.

Section 2A. Nothing herein contained shall be con-
strued to interfere in any way with the basic principle of
the constitution which assures every citizen freedom of
thought and speech and the right to advocate changes and
improvements in both the state and federal constitutions.

Section 3. This act shall take effect on October first
in the current year. Approved June 26, 1936.

Temporary
provisions.

Not to affect
right of free
speech, etc.

Effective
date.

Acts, 1935. — Chaps. 371, 372, 373. 413

An Act authorizing the town of boxborough to use (JJiaj) 371

CERTAIN PARK LAND FOR HIGHWAY PURPOSES.

Be it enacted, etc., as follows:

Section 1. The town of Boxborough may use for high-
way purposes such portion of the parcel of land in said town,
known as the Common, located in front of Library Hall
and used for park purposes, as it may deem desirable.

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

Approved June 26, 1985.

An Act relative to the discontinuance of compensa- (JJid^n 372

TION UNDER THE WORKMEN'S COMPENSATION LAW,

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws g. l. (Ter.
is hereby amended by striking out section twenty-nine, as amended^.' ^ ^^'
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 29. No compensa- Payments
tion shall be paid for any injury which does not incapacitate pensfuoiSTaw.
the employee for a period of at least seven days from earn- waiting
ing full wages, but if incapacity extends beyond such period, p^""*^-
compensation shall begin on the eighth day after the injury,
and if incapacity extends beyond a period of four weeks,
compensation shall be paid from the day of injury, but
except under section thirty-five no compensation shall be
paid for any period for which any wages were earned.
When compensation shall have begun it shall not be dis-
continued except with the written assent of the employee,
or with the approval of the department or a member thereof,
granted only after an impartial examination or after a
personal interview with the employee by a member or em-
ployee of the department or after failure of the employee
to report for or submit to such examination or interview
after reasonable notice by the department; provided,
that such compensation shall be paid in accordance with
section thirty-five if the employee in fact earns wages after
the original agreement or decision is filed.

Approved June 26, 1935.

An Act relative to the acquisition of additional lands Qfiav 373
for state forests.

Be it enacted, etc., as follows:

Section thirty-three of chapter one hundred and thirty- g. l. (Ter.
two of the General Laws, as appearing in the Tercentenary amended." '
Edition, is hereby amended by striking out, in the seventh
hne, the word "thirty-five" and inserting in place thereof
the word : — thirty-six, — so as to read as follows : —
Section S3. In addition to lands acquired under section Additional
thirty the commissioner may purchase or, with the ap- fores'ti."'^ "'^'^^
proval of the governor and council, take by eminent domain

414 Acts, 1935. — Chap. 374.

under chapter seventy-nine and hold for state forests lands
within the commonwealth suitable for the production of
timber to the extent of not more than one hundred and
fifty thousand acres. The land shall be purchased before
August fifth, nineteen hundred and thirty-six, at a rate
not exceeding an average cost of five dollars per acre or at
such price as the general court may from time to time de-
termine. The forester shall reclaim the said lands by re-
planting or otherwise in order to produce timber and to
protect the water supply of the commonwealth. The
forester may employ temporarily such persons as foresters,
assistant foresters, engineers, surveyors, forest fire observ-
ers and foremen as he deems necessary to assist him in
carrying out his duties under this section, and the employ-
ment of such persons shall not be subject to chapter thirty-
one. Approved June 26, 1935.

Chap.S74: An Act providing for the construction of a channel

FROM NANTUCKET SOUND TO SENGEKONTACKET POND IN
THE TOWN OF OAK BLUFFS AND THE CONSTRUCTION OF A
HIGHWAY BRIDGE ACROSS SAID CHANNEL.

Be it enacted, etc., as follows:

Section 1. The department of pubhc works is hereby
authorized to construct a channel thirty feet wide from
Nantucket sound to Sengekontacket pond in the town of
Oak Bluffs and to construct a bridge, and approaches
thereto, to carry the existing state highway between the
towns of Oak Bluffs and Edgartown across said channel.
Said department shall also construct jetties on each side
of the entrance of said channel at Nantucket sound. No
work shall be begun hereunder until the town of Oak Bluffs
has contributed and paid into the treasury of the common-
wealth, under authority hereby granted, the sum of twelve
thousand five hundred dollars, which together with such
sum, not exceeding twelve thousand five hundred dollars,
as may hereafter be appropriated by the commonwealth,
shall constitute a fund for the work herein authorized.

Section 2. For the purpose of meeting the payment
of twelve thousand five hundred dollars required to be paid
by the town of Oak Bluffs as aforesaid, said town may bor-
row outside its Hmit of indebtedness as fixed by law such
sums as may be necessary, and may issue bonds or notes
therefor, which shall be payable in not more than ten
years; and such indebtedness shall, except as herein pro-
vided, be subject to chapter forty-four of the General Laws,
as appearing in the Tercentenary Edition, exclusive of the
limitation contained in the first paragraph of section seven
thereof. Approved June 26, 1935.

Acts, 1935. — Chaps. 375, 376. 415

An Act authorizing the department of public works (J}iQ/n 375

TO ACQUIRE AND USE FOR HIGHWAY PURPOSES A CER-
TAIN PORTION OF CEMETERY PROPERTY OF THE CITY OF
HOLYOKE.

Be it enacted, etc., as follows:

In so far as special authority is required under section
forty-one of chapter one hundred and fourteen of the Gen-
eral Laws the department of public works is hereby author-
ized to lay out and construct a highway upon a parcel of
land on the westerly side of the Northampton road in the
city of Holyoke, comprising a portion of the city of Holyoke
cemetery property as shown on a plan drawn by A. W.
Dean, chief engineer, on file in the office of said department,
and entitled: "The Commonwealth of Massachusetts Plan
showing Proposed Land Taking from the City of Holyoke
on Northampton Road Scale: 40 feet to an inch. Decem-
ber 14, 1934, Department of Pubhc Works, 100 Nashua
St., Boston, Mass.", said parcel of land being located be-
tween stations 107-H73.49 and 110+19.62 of the base line
shown on said plan, and bounded as follows: westerly
by a proposed state highway location line 243.42 feet;
easterly by the westerly location line of the city layout on
Northampton road 184.58 feet; southeasterly by the north-
westerly location line of the 1910 state highway layout
61.88 feet; and southwesterly by the northeasterly bound-
ary of the Mount Tom state reservation 15.00 feet; con-
taining about nineteen hundred and eighty-six square feet.

Approved June 26, 1936.

An Act relative to the shutting off of gas or electric QJiqi) 375
service in homes where there is serious illness. ^'

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and sixty-four of o. l. (Ter.
the General Laws is hereby amended by inserting after ^ction^mX^
section one hundred and twenty-four, as most recently added,
amended by chapter two hundred and thirty-seven of the
acts of the current year, the following new section: — Sec- Gas, etc.. not
tion IS4A. No gas or electric company shall shut off gas to be shut off
or electric service in any home during such time as there is existe.
serious illness therein, as certified to such company by the
local board of health or a registered physician. Any such
company violating this section shall be punished by a fine
of not more than fifty dollars.

Section 2. Section one hundred and twenty-four of g. l. (Ter.
said chapter one hundred and sixty-four, as so amended, f ^izi/etls'.. "
is hereby further amended by striking out the article "A" amended. '
in the first line and inserting in place thereof the following:
— Except as otherwise provided in section one hundred
and twenty-four A, a, — so as to read as follows : — Section gm and

416

Acts, 1935. — Chaps. 377, 378.

electricity may
be shut off,
when.

124. Except as otherwise provided in section one hundred
and twenty-four A, a gas or electric company may stop gas
or electricity from entering the premises of any person fail-
ing to pay the amount due therefor or for the use of the
meter or other article hired by him from such company;
and, for such purpose, the officers, servants or workmen
thereof may, after thirty-six hours' notice, enter his premises
between the hours of eight in the forenoon and four in the
afternoon and separate and take away such meter or other
property of the company, and may disconnect any meter,
pipe, wires, fittings or other works, whether they are
property of the company or not, from its mains, pipes or
wires. Approved June 26, 1935.

Chap. S77 -^N -^CT EXTENDING FURTHER THE DURATION OF A LAW
PROVIDING FOR THE TRIAL OR DISPOSITION OF CERTAIN
CRIMINAL CASES BY DISTRICT COURT JUDGES SITTING IN THE
SUPERIOR COURT.

Be it enacted, etc., as follows:

Chapter four hundred and sixty-nine of the acts of
nineteen hundred and twenty-three, as most recently
amended by chapter one hundred and fifty-seven of the
acts of nineteen hundred and thirty-two, is hereby further
amended by striking out section five and inserting in place
thereof the following: — Section 5. The act shall not be
operative after December thirty-first, nineteen hundred and
thirty-seven. Approved June 26, 1935.

Chap. 378 ^^ ^^'^ PROVIDING FOR THE LICENSING AND BONDING OF
CERTAIN THEATRICAL BOOKING AGENTS, PERSONAL AGENTS
AND MANAGERS.

Be it enacted, etc., as folloivs:

Chapter one hundred and forty of the General Laws is
hereby amended by inserting after section one hundred
and eighty, as appearing in the Tercentenary Edition, under
the heading theatrical booking agents, personal
AGENTS and MANAGERS, the four following new sections: —
Section 180 A. The aldermen or selectmen, or in Boston
the police commissioner, hereinafter and in the three fol-
lowing sections called the licensing authorities, may hcense
persons to engage, within their city or town, in the business
of booking actors, actresses and musicians, or any of them,
for vaudeville and other stage performances, including
floor shows, so called, in restaurants, clubs, beer gardens
and similar places of amusement. The term of, and fee for,
any license issued under this section shall be as determined
from time to time by the licensing authorities. Every per-
son licensed under this section shall maintain one or more
offices in each city or town in which he is licensed tO' con-
duct his business.

G. L. (Ter.
Ed.), 140, new
sections 180A
to 180D, inc.,
added.

Theatrical
booking
agents,
licensing of.

Acts, 1935. — Chap. 379.

417

Section 180B. No license under section one hundred and Bond,
eighty A shall be issued unless and until the applicant there-
for deposits with the licensing authorities a bond for the
faithful compliance by such applicant, as licensee, during
the term of the license, with the provisions of sections one
hundred and eighty A to one hundred and eighty D, in-
clusive, such bond to run to their city or town, to be in the
penal sum of one thousand dollars, to contain such condi-
tions and to be in force during such term as such authorities
may require, and to have as sureties, at the option of such
authorities, either two or more individuals or a surety com-
pany authorized to transact business in the common-
wealth.

Section 180C. Any person from whom any licensee under Actions on
section one hundred and eighty A has withheld any sum in *'°°^'
excess of the amount permitted under any agreement
between the licensee and such person may, without expense
to the city or town, bring an action in the name of the city
or town treasurer upon the bond of such licensee, and may
recover upon such bond for his own benefit all sums, up
to the penal sum of such bond, or any balance thereof re-
maining, as the case may be, improperly withheld from him
by such licensee.

Section 180D. Whoever, not being licensed under sec- Penalty.
tion one hundred and eighty A so to do, engages in the
business described in said section shall be punished by a
fine of not more than five hundred dollars or by imprison-
ment for not more than one year, or both.

Approved June 26, 1935.

An Act authorizing the county of Worcester to con- (Jfidj) 379

TRIBUTE TOWARD THE RECONSTRUCTION OF CERTAIN
STREETS IN THE CITY OF WORCESTER.

Be it enacted, etc., as follows:

Section 1. For the purpose of contributing, together
with the commonwealth, to the cost of the reconstruction
of Stafford street from Young street to James street, of
James street from Stafford street to South Ludlow street, and
of South Ludlow street from James street to the Worcester-
Auburn boundary line, in the city of Worcester, the county
of Worcester is hereby authorized to make an allotment out
of the current appropriation for highways and bridges for
said county.

Section 2. This act shall take effect upon its accept-
ance during the current year by the county commissioners
of said county. Approved June 26, 1935.

418 Acts, 1935. — Chap. 380.

Chap. SSO An Act extending the term of office and the powers

OF THE EMERGENCY PUBLIC WORKS COMMISSION.

Emergency Whereas, The deferred operation of this act would tend

pream e. ^^ defeat its puFpose, 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 one of chapter three hundred and
sixty-five of the acts of nineteen hundred and thirty-three
is hereby amended by striking out, in the eleventh line,
the word "thirty-five" and inserting in place thereof the
word : — thirty-seven, — so that the first paragraph will
read as follows: — There shall be in the department of the
state treasurer, but in no manner subject to his control, an
emergency public works commission, hereinafter called the
commission, consisting of the chairman of the commission
on administration and finance, ex officio, one resident of
the commonwealth appointed by the president of the senate,
one such resident appointed by the speaker of the house of
representatives, and two such residents appointed by the
governor; and the commission shall continue in office until
and including June thirtieth, nineteen hundred and thirty-
seven, but no longer. The commission shall elect from its
own number a chairman. Any vacancy in the appointive
membership of the commission shall be filled for the unex-
pired term in the same manner as original appointments.
The action of a majority of the members shall constitute
action of the commission; and whenever any action by
the commission is required to be in writing, such writing
shall be sufficient when signed by a majority of its members.

Section 2. Said chapter three hundred and sixty-five
is hereby further amended by striking out section two, as
amended by section one of chapter forty-one of the acts of
nineteen hundred and thirty-four, and inserting in place
thereof the following : — Section 2. The commonwealth
may engage in any public works project included in any
"comprehensive program of public works" prepared under
section two hundred and two of Title II of the National
Industrial Recovery Act and in any public project falling
within one or more of the classes of projects for which an
appropriation of federal funds has been made available by
section one of the joint resolution of Congress known as the
Emergency Relief Appropriation Act of nineteen hundred
and thirty-five, but only in case such project is approved,
as hereinafter provided, by the commission and by the
governor and in case the proper federal authorities have
approved a grant therefor of federal money; provided, that
such approval by the commission or by the governor shall
not be granted for any project which will cause the aggre-
gate expenditure hereunder to be in excess of twenty-five
million dollars; and provided, further, that out of such

Acts, 1935. — Chap. 380. 419

sum not more than ten million dollars shall be expended for
the construction, reconstruction and resurfacing of roads
and for projects similar to those enumerated in section
two hundred and four of said Title 11. All projects for the
construction, reconstruction or resurfacing of roads and
the construction of sewers shall be done by human labor,
except in so far as machinery is, in the opinion of the state
or federal officer or department having charge of the project,
reasonably necessary, and the wages for such labor shall
not be less than the prevailing rate of wages as established
by the federal government. Nothing contained in this
act shall be construed to prevent the commonwealth from
engaging hereunder in any project for which funds have
already been appropriated in whole or in part, if such
project shall be approved as herein required. Such projects,
so approved, shall be carried out in all respects subject to
the provisions of said Title II and of said Emergency Relief
Appropriation Act and to such terms, conditions, rules and
regulations, not inconsistent with the applicable federal
laws and regulations, as the commission may establish,
with the approval of the governor, to ensure the proper
execution of such projects. The commonwealth may
accept and use for carrying out any projects so approved
any grant, or any grant and loan, of federal funds under
section two hundred and three of said Title II or under said
Emergency Ptelief Appropriation Act and, for the purpose
only of carrying out such projects except as provided in
section two A, may from time to time borrow from the
United States of America or other sources, or both, on the
credit of the commonwealth such sums, not exceeding,
in the aggregate, seventeen million dollars, exclusive of
amounts borrowed for repurchase of obligations under said
section two A, as may be required, and may issue bonds,
notes or other forms of written acknowledgment of debt,
referred to in this act as obligations.

In anticipation of the sale of obligations issued under
this section, the state treasurer may from time to time,
with the approval of the governor, pay from the Highway
Fund, without appropriation, any of the expenses of carry-
ing out any projects authorized by this act; but all money
so paid from said fund shall be repaid to such fund out of
the proceeds of obligations issued and sold under this sec-
tion or under said section two A.

Approved June 29, 1935.

420 Acts, 1935. — Chap. 381.

Chap. S81 An Act prohibiting the discharge of oils and their

PRODUCTS, REFUSE AND CERTAIN OTHER MATTER INTO OR
ON THE WATERS AND FLATS OF BOSTON HARBOR AND ITS
TRIBUTARIES.

Emergency Whcreas, The deferred operation of this act would

pream e. cause Substantial inconvenience, therefore it is hereby de-

clared to be an emergency law, necessary for the immediate
preservation of the public health and convenience.

Be it enacted, etc., as follows:

Section 1. Whoever pumps, discharges or deposits or
causes to be pumped, discharged or deposited, any crude
petroleum or any of its products, or any other oils, or any
bilge water or water from any receptacle containing any
of said substances, or any other matter or refuse, into or
on the waters or flats of Boston harbor, as defined in section
one of chapter ninety-one of the General Laws, as appear-
ing in the Tercentenary Edition, or its tributaries, in such
a manner and to such an extent as to be a pollution or
contamination of said waters or flats or a nuisance or to be
injurious to the public health, shall be punished by a fine
of not more than five hundred dollars. But the use of oil
for the extermination of mosquitoes or other insects in
any place within the limits of such harbor, tributaries or
flats which shall be declared to be a breeding place of
mosquitoes or other insects by the town, city or county
within which such place is located, the commonwealth or
the federal government, or by their respective duly author-
ized officers, or by the commissioners of a reclamation dis-
trict or of a mosquito control project, acting under chapter
two hundred and fifty-two of the General Laws, shall not be
deemed to be a violation of the provisions of this act, pro-
vided such use of oil conforms to such rules and regulations
pertaining thereto as shall be duly established by such
town, city, county, the commonwealth or federal govern-
ment, or by their duly authorized officers, or by such dis-
trict or project commissioners. The provisions of this
act shall be enforced by the state department of public
safety and by all officers authorized to make arrests.

Section 2. Nothing in section one shall prevent the
disposal of sewage by any municipality, district or public
institution in any manner authorized by law or prevent
any corporation or person from disposing of sewage in ac-
cordance with express statutory authority, or interfere with
any prescriptive right of drainage, or prevent the use of any
sewer, or drain, or outlet thereof lawfully existing; but
neither this nor section one shall in any way limit the powers
of the department of public health or of any local board of
health. Approved June 29, 1935.

Acts, 1935. — Chaps. 382, 383. 421

An Act relative to the auburn water company. Chav 382

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and twenty-six
of the acts of nineteen hundred and twenty-four is hereby
amended by striking out section seven and inserting in
place thereof the following : — Section 7. Irrespective of
the restrictions of section eight of chapter two hundred and
forty-one of the Special Acts of nineteen hundred and nine-
teen, the town of Auburn may take by eminent domain
under chapter seventy-nine of the General Laws, or acquire
by purchase or otherwise, all or any of the properties, priv-
ileges, franchises and other rights appurtenant to the busi-
ness of the water supply of the Auburn Water Company,
incorporated under said chapter two hundred and forty-
one, but nothing herein contained shall be construed as
preventing the town of Auburn from introducing a system
of water supply in accordance with this act without taking
by eminent domain, or acquiring by purchase or otherwise,
all or any of the properties, privileges, franchises and other
rights of said Auburn Water Company so appurtenant.

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

Approved June 29, 1935.

An Act authorizing the metropolitan district commis- QJiav 383

SION TO LAY OUT AND CONSTRUCT A PARKWAY FROM AD-
MINISTRATION ROAD IN THE CITY OF QUINCY TO GRANITE
STREET IN THE TOWN OF BRAINTREE.

Be it enacted, etc., as follows:

The metropolitan district commission is hereby author-
ized to lay out and construct a parkway, in accordance with
the provisions of chapter ninety-two of the General Laws
relative to the laying out and constructing of parkways,
from Administration road in the city of Quincy, at or near
its junction with Wampatuck road in the Blue Hills reser-
vation, over land of the commonwealth to Granite street in
the town of Braintree. For said purposes, said commission
may expend not exceeding thirty thousand dollars out of
the appropriation made by item six hundred and ninety-
two of the general appropriation act of the current year.

Approved June 29, 1935.

422 Acts, 1935. — Chap. 384.

Chap. 384 An Act regulating the character of sewage, drainage

AND OTHER WASTES TO BE DISCHARGED INTO THE SEWERS
OF THE SOUTH ESSEX SEWERAGE DISTRICT AND CLARIFY-
ING CERTAIN PROVISIONS OF LAW RELATING TO SAID
DISTRICT.

Be it enacted, etc, as follows:

Section 1. The second paragraph of section two of
chapter three hundred and thirty-nine of the acts of nine-
teen hundred and twenty-five is hereby amended by strik-
ing out, in the first line, the words "city engineer" the
second time they appear and inserting in place thereof the
words: — commissioner of public works, — so as to read
as follows : —

The city engineer of Salem, the commissioner of public
works of Peabody, the commissioner of public works of
Beverly, the engineer acting as county engineer for the
county of Essex, and the chief engineer of the department
of public health of the commonwealth shall be members of
said board, ex officiis. The sixth member, who shall be a
person to represent the town of Danvers, shall be appointed,
within ninety days after the effective date of this act, and
every three years thereafter, or whenever a vacancy may
otherwise occur, by the board, committee or officer having
charge of sewerage in said town, for a term of three years.
The seventh member, who shall not be a resident of Essex
county nor hold property nor have a usual place of business
therein, shall be appointed, within ninety days after said
effective date and every three years thereafter, by the
governor, with the advice and consent of the council, for a
term of three years, and may in like manner be removed at
any time for cause. He shall be chairman of said board and
shall receive from said district such annual compensation
as the governor and council may from time to time de-
termine. Each of the other members of said board shall
receive from said district during the prosecution of the con-
struction work provided for herein, in addition to any com-
pensation from any other source, such annual compensa-
tion, not exceeding five hundred dollars, as the governor
and council may from time to time determine.

Section 2. Section fourteen of said chapter three hun-
dred and thirty-nine is hereby amended by striking out
the last paragraph and inserting in place thereof the fol-
lowing paragraph : —

Said board shall have control of the sewers, pumping
stations and their appurtenances, as herein outlined, de-
scribed or referred to, except as herein otherwise provided,
and of their operation, and shall maintain them at all times
in the best practicable operating condition. It shall pre-
vent, so far as practicable, the discharge into the sewers of
substances which may cause obstruction therein or im-
pede the flow of sewage. It shall have the right to enter

Acts, 1935. — Chap. 385. 423

any premises from which any sewer or drain is connected
with any part of the sewerage system under its control, or
with any tributary sewerage system to determine the con-
dition of said sewer, drain, tank or treatment works, the
character of sewage, drainage or other wastes flowing
therefrom, and whether such sewage, drainage or other
wastes is a source of obstruction to the sewers or works
under its control or is likely to impede the flow of sewage
therein. It shall examine all settling tanks and other treat-
ment works for treating sewage, drainage or other wastes
discharged into said sewerage system or its tributary
systems. Said board shall for the proper and reasonable
operation of its works make regulations as to the character
of any sewage, drainage or other wastes discharged into
any sewer under its control or any sewer tributary thereto
and may, if it deems it necessary and desirable for the proper
and reasonable operation of the works, make regulations
governing the rate of discharge of any such sewage, drain-
age or other wastes, provided, that if any city or town,
institution or person notifies said board in writing that any
such regulation as to the quantity or character of the sew-
age, drainage or other wastes, or as to its rate of discharge,
is unreasonable or unnecessary, either said board or the
said complainant may appeal to the department of public
health, which after a hearing may approve, rescind, modify
or amend such regulations, and the same as so approved,
modified or amended shall thereupon be in full force and
effect.

Section 3. Said chapter three hundred and thirty-
nine is hereby further amended by striking out section
twenty and inserting in place thereof the following: —
Section 20. The supreme judicial court shall have jurisdic-
tion in equity to enforce the provisions of this act and of all
regulations made under the provisions of section fourteen.
Said court shall fix and determine the compensation of all
commissioners appointed by it under the provisions of sec-
tion nineteen, which compensation shall be paid in the
first instance by said district and shall be added to the cost
of maintenance and operation of said sewers and other works
for the year in which it is paid. Said court may, in its
discretion, award costs against the losing party.

Approved June 29 y 1935.

An Act establishing the woodland water district in Qfidj) 355

THE town of auburn. ^'

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Auburn,
liable to taxation in said town and residing within the terri-
tory comprised within the following boundary lines, to
wit: —

Beginning at the city of Worcester and the town of
Auburn boundary hne at its intersection with the center

424 Acts, 1935. — Chap. 385.

line of Sumner street extended, thence easterly by the said
boundary line ten hundred and thirty-five feet more or
less to the high water line of Trowbridge pond, thence
following said high water line in a southeasterly irregular
course forty-one hundred feet more or less to a bound,
thence south twenty-one degrees three minutes west four
hundred eighty-nine and nine tenths feet more or less on the
westerly boundary of land now or formerly of Charles H.
Bancroft heirs, thence south seventy-six degrees eighteen
minutes west four hundred fifty-seven and seventy-eight
one hundredths feet more or less, thence north two degrees
forty-five minutes west five hundred seventy-seven and
thirty-two one hundredths feet more or less, thence south
sixty-nine degrees fourteen minutes west fourteen hundred
thirteen and seventy-four one hundredths feet more or less,
thence north forty degrees twenty-one minutes west three
hundred ten and five tenths feet more or less, thence north
twenty-two degrees nine minutes east one hundred fifty
and thirty-seven one hundredths feet more or less, thence
north sixty-seven degrees fifty-one minutes west one hun-
dred forty-three and thirty-seven one hundredths feet more
or less to a boundary stone on the easterly side of Boyce
street, thence northerly on the east bound of Boyce street
fifty-nine and seventy-seven one hundredths feet more or
less to a stone bound, thence north one degree west nine-
teen hundred eighty feet more or less to a bound on the
southerly side of Alden street, thence westerly along the
southerly side of Alden street to the intersection of the
center of Sumner street, thence to the point of beginning,
— shall constitute a water district, and are hereby made
a body corporate by the name of the Woodland Water Dis-
trict of Auburn, hereinafter called the district, for the pur-
pose of supplying themselves with water for the extinguish-
ment of fires and for domestic and other purposes, with
power to establish fountains and hydrants and to relocate
and discontinue the same, to regulate the use of such water
and to fix and collect rates to be paid therefor, for assessing
and raising taxes as provided herein for the payment of such
services, and for defraying the necessary expenses of carry-
ing on the business of said district, subject to all general
laws now or hereafter in force relating to such districts, ex-
cept as otherwise provided herein. Said district shall have
power to prosecute and defend all actions relating to its
property and affairs.

Section 2. For the purposes aforesaid, said district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with the city of
Worcester, or any other town or city, acting through its
water department, or with any water company, or with any
other water district, for whatever water may be required,
authority to furnish the same being hereby granted, and /or
may take under chapter seventy-nine of the General Laws,
or acquire by purchase or otherwise, and hold, the waters,

Acts, 1935. — Chap. 385. 425

or any portion thereof, of any pond or stream, or of any
ground sources of supply by means of driven, artesian or
other wells within the town of Auburn not already appro-
priated for the purposes of a public water supply, and the
water rights connected with any such water sources; and
for such purposes may take as aforesaid, or acquire by
purchase or otherwise, and hold, all lands, rights of way
and other easements necessary for collecting, storing, hold-
ing, purifying and preserving the purity of the water and
for conveying the same to any part of said district created
hereby; provided, that no source of water supply or lands
necessary for preserving the quality of the water shall be so
taken or used without first obtaining the advice and ap-
proval of the state department of public health, and that
the location of and arrangement of all dams, reservoirs,
wells, pumping and filtration plants and such other works
as may be necessary in carrying out the provisions of this
act shall be subject to the approval of said department.
Said district may construct on the lands acquired and held
under this act proper dams, wells, reservoirs, standpipes,
tanks, pumping plants, buildings, fixtures and other struc-
tures, including also the establishment and maintenance of
filter beds and purification works or systems, and may make
excavations, procure and operate machinery and provide
such other means and appliances and do such other things
as may be necessary for the establishment and mainte-
nance of complete and effective water works; and for that
purpose may construct pipe fines, wells and reservoirs and
establish pumping works, and may construct, lay and main-
tain aqueducts, conduits, pipes and other works under or
over any land, water courses, railroads, railways and public
or other ways, and along such ways, in said town, in such
manner as not unnecessarily to obstruct the same; and for
the purposes of constructing, laying, maintaining, operat-
ing and repairing such conduits, pipes and other works, and
for all proper purposes of this act, said district may dig up
or raise and embank any such lands, highways or other
ways in such manner as to cause the least hindrance to
public travel on such ways; provided, that all things done
upon any such way shall be subject to the direction of the
selectmen of the town of Auburn. Said district shall not
enter upon, construct or lay any conduit, pipe or other
works within the location of any railroad corporation ex-
cept at such time and in such manner as it may agree upon
with such corporation, or in case of failure so to agree, as
may be approved by the department of public utilities.
Said district may enter upon any lands for the purpose of
making surveys, test pits and borings, and may take or
otherwise acquire the right to occupy temporarily any lands
necessary for the construction of any work or for any other
purpose authorized by this act.

Section 3. Any person sustaining damages in his prop-
erty by any taking under this act or any other thing done

426 Acts, 1935. — Chap. 385.

under'authority thereof may recover such damages from
said district under said chapter seventy-nine; but the right
to damages for the taking of any water, water right or water
source, or for any injury thereto, shall not vest until water
is actually withdrawn or diverted under authority of this act.

Section 4. For the purpose of paying the necessary
expenses and liabilities incurred for the system of water
supply under the provisions of this act, other than expenses
of maintenance and operation, the said district may bor-
row from time to time such sums as may be necessary, not
exceeding, in the aggregate, thirty thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words Woodland Water District Loan, Act of 1935.
Each authorized issue shall constitute a separate loan, and
such loans shall be payable in not more than thirty years
from their dates. Indebtedness incurred under this act
shall be subject to chapter forty-four of the General Laws.

Section 5. Said district shall, at the time of authorizing
said loan or loans, provide for the payment thereof in ac-
cordance with section four of this act; and when a vote to
that effect has been passed, a sum which, with the income
derived from water rates, will be sufficient to pay the an-
nual expense of operating its water works and the interest
as it accrues on the bonds or notes issued as aforesaid by
the district, and to make such payments on the principal
as may be required under the provisions of this act, shall
without further vote be assessed upon said district by the
assessors of said town of Auburn annually thereafter until
the debt incurred by said loan or loans is extinguished.

Section 6. Any land taken or acquired under this act
shall be managed, improved and controlled by the com-
missioners hereinafter provided for, in such manner as
they shall deem for the best interest of the district.

Section 7. Whenever a tax is duly voted by said dis-
trict for the purposes of this act, the clerk shall send a
certified copy of the vote to the assessors of said town,
who shall assess the same in the same manner in all respects
in which town taxes are required by law to be assessed;
provided, that no estate shall be subject to any tax assessed
on account of the system of water supply under this act if,
in the judgment of the board of water commissioners herein-
after provided for, after a hearing, such estate is so situated
that it can receive no aid in the extinguishment of fire from
the said system of water supply, and/or receive no benefit
in fire insurance grading therefrom, or if such estate is so
situated that the buildings thereon, or the buildings that
might be constructed thereon, in any ordinary or reasonable
manner could not be supplied with water from the said
system ; but all other estates in said district shall be deemed
to be benefited and shall be subject to the tax. A certified
list of the estates exempt from taxation under the provisions
of this section shall annually be sent by the board of water
commissioners to the assessors, at the same time at which

Acts, 1935. — Chap. 385. 427

the clerk shall send a certified copy of the vote as aforesaid.
The assessment shall be committed to the town collector,
who shall collect said tax in the manner provided by law
for the collection of town taxes, and shall deposit the pro-
ceeds thereof with the district treasurer for the use and
benefit of said district. Said district may collect interest
on overdue taxes in the manner in which interest is au-
thorized to be collected on town taxes.

Section 8. The first meeting of the voters of the terri-
tory included within the boundaries set forth in section
one shall be called, on petition of ten or more legal voters
therein, by a warrant from the selectmen of said town, or
from a justice of the peace, directed to one of the petitioners,
requiring him to give notice of the meeting by posting
copies of the warrant in two or more public places in the
district seven days at least before the time of the meeting.
Such justice of the peace, or one of the selectmen, shall pre-
side at such meeting until a clerk is chosen and sworn, and
the clerk shall preside until a moderator is chosen. After
the choice of a moderator for the meeting the question of
the acceptance of this act shall be submitted to the voters,
and if it is accepted by a majority of the voters present and
voting thereon it shall take effect, and the meeting may
then proceed to act on the other articles in the warrant.

Section 9. Said district shall, after the acceptance of
this act as aforesaid, elect by ballot, either at the same
meeting at which this act is accepted or at a special meeting
thereafter called for the purpose, three persons, resident
taxpayers of said district, to hold office, one until the expira-
tion of three years, one until the expiration of two years,
and one until the expiration of one year, from the day of the
next succeeding annual district meeting, to constitute a board
of water commissioners; and at every annual meeting fol-
lowing such next succeeding annual district meeting one
such commissioner shall be elected by ballot for the term of
three years. All the authority granted to said district by
this act, except sections four and five, and not otherwise
specifically provided for, shall be vested in said board of
water commissioners, who shall be subject, however, to such
instructions, rules and regulations as the district may by
vote impose. At the meeting at which said commissioners
are first elected and at each annual district meeting said
district shall elect by ballot a treasurer of said district,
who shall be other than a commissioner, and who shall give
bond to said district in such an amount as may be approved
by the commissioners. A majority of the commissioners
shall constitute a quorum for the transaction of business.
Any vacancy occurring in said board from any cause may
be filled for the remainder of the unexpired term by said
district at any legal meeting called for the purpose. No
money shall be drawn from the treasury of said district on
account of the water works except upon a written order of
said commissioners or a majority of them.

428 Acts, 1935. — Chap. 385.

Section 10. Said commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income
of the water works shall be appropriated to defray all operat-
ing expenses, interest charges and payments on the principal
as they shall accrue upon any bonds or notes issued under
authority of this act. If there should be a net surplus
remaining after providing for the aforesaid charges, it may
be appropriated for such new construction as said commis-
sioners may recommend, and in case a surplus should re-
main after payment for such new construction the water
rates shall be reduced proportionately. Said commissioners
shall annually, and as often as said district may require,
render a report upon the condition of the works under their
charge, and an account of their doings, including an account
of receipts and expenditures.

Section 11. Said district may adopt by-laws prescrib-
ing by whom and how meetings may be called, notified
and conducted; and, upon the application of ten or more
legal voters in said district meetings may also be called by
warrant as provided in section eight. Said district may
also establish rules and regulations for the management of its
water works, not inconsistent with this act or with law,
and may choose such other officers not provided for in this
act as it may deem necessary or proper.

Section 12. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water obtained or supplied under
this act, or wilfully or wantonly injures any reservoir,
standpipe, aqueduct, pipe or other property owned or used
by said district for any of the purposes of this act shall for-
feit and pay to said district three times the amount of
damages assessed therefor, to be recovered in an action of
tort, and upon conviction of any of the above acts shall be
punished by a fine of not more than one hundred dollars or
by imprisonment in jail for not more than twelve months.

Section 13. Upon a petition in writing addressed to
said commissioners requesting that certain real estate, accu-
rately described therein, located in said town and abutting
on said district and not otherwise served by a pubhc water
supply be included within the Hmits thereof, and signed by
the owners of such real estate, or a major portion thereof,
said commissioners shall cause a duly warned meeting of the
district to be called, at which meeting the voters may vote
on the question of including said real estate within the dis-
trict. If a majority of the voters present and voting thereon
vote in the affirmative the district clerk shall within ten
days file with the town clerk of said town and with the state
secretary an attested copy of said petition and vote; and
thereupon said real estate shall become and be part of the
district and shall be holden under this act in the same man-
ner and to the same extent as the real estate described in
section one.

Section 14. This act shall take full effect upon its

Acts, 1935. — Chap. 386. 429

acceptance by a majority vote of the voters of the district
present and voting thereon at a district meeting called, in
accordance with the provisions of section eight, within three
years after its passage; but the number of meetings so
called in any one year shall not exceed three.

Approved June 29, 1935.

An Act establishing the elm hill water district in the (Jfiar) 386

TOWN OF AUBURN.

Beitenacted, etc., as follows:

Section 1. The inhabitants of the town of Auburn,
liable to taxation in said town and residing within the terri-
tory comprised within the following boundary lines, to
wit : — beginning at a point on the easterly boundary of
the Norwich- Worcester division of the New York, New
Haven and Hartford railroad and the Auburn-Worcester
boundary; thence southerly along said easterly boundary
of said railroad to a point; thence due east to a point in the
center hne of Southbridge street two hundred feet southerly
from its intersection with the center line of Hampden street ;
thence easterly crossing Southbridge street and Pakachoag
street to a point two hundred feet east of the easterly bound-
ary of Pakachoag street and two hundred feet southerly
of the southerly boundary of Curtis street ; thence northerly
parallel to and two hundred feet east from the easterly
boundary of Pakachoag street to the Worcester-Auburn
boundary line; thence running westerly by said boundary
line between Auburn and Worcester to the point of be-
ginning, — shall constitute a water district, and are hereby
made a body corporate by the name of the Elm Hill Water
District of Auburn, hereinafter called the district, for the
purpose of supplying themselves with water for the extin-
guishment of fires and for domestic and other purposes,
with power to establish fountains and hydrants and to relo-
cate and discontinue the same, to regulate the use of such
water and to fix and collect rates to be paid therefor, for
assessing and raising taxes as provided herein for the pay-
ment of such services, and for defraying the necessary ex-
penses of carrying on the business of said district, subject to
all general laws now or hereafter in force relating to such
districts, except as otherwise provided herein. Said dis-
trict shall have power to prosecute and defend all actions
relating to its property and affairs.

Section 2. For the purposes aforesaid, said district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with the city of
Worcester, or any other town or city, acting through its
water department, or with any water company, or with any
other water district, for whatever water may be required,
authority to furnish the same being hereby granted, and/or
may take under chapter seventy-nine of the General Laws,

430 Acts, 1935. — Chap. 386.

or acquire by purchase or otherwise, and hold, the waters,
or any portion thereof, of any pond or stream, or of any
ground sources of supply by means of driven, artesian or
other wells within the town of Auburn not already appro-
priated for the purposes of a public water supply, and the
water rights connected with any such water sources; and
for such purposes may take as aforesaid, or acquire by pur-
chase or otherwise, and hold, all lands, rights of way and
other easements necessary for collecting, storing, holding,
purifying and preserving the purity of the water and for
conveying the same to any part of said district created
hereby; provided, that no source of water supply or lands
necessary for preserving the quality of the water shall be so
taken or used without first obtaining the advice and ap-
proval of the state department of public health, and that
the location and arrangement of all dams, reservoirs, wells,
pumping and filtration plants and such other works as may
be necessary in carrying out the provisions of this act shall
be subject to the approval of said department. Said dis-
trict may construct on the lands acquired and held under
this act proper dams, wells, reservoirs, standpipes, tanks,
pumping plants, buildings, fixtures and other structures, in-
cluding also the establishment and maintenance of filter
beds and purification works or systems, and may make
excavations, procure and operate nlachinery and provide
such other means and appliances and do such other things
as may be necessary for the establishment and maintenance
of complete and effective water works; and for that purpose
may construct pipe lines, wells and reservoirs and estab-
lish pumping works, and may construct, lay and maintain
aqueducts, conduits, pipes and other works under or over
any land, water courses, railroads, railways and public or
other ways, and along such ways, in said town, in such
manner as not unnecessarily to obstruct the same ; and for
the purposes of constructing, laying, maintaining, operat-
ing and repairing such conduits, pipes and other works, and
for all proper purposes of this act, said district may dig
up or raise and embank any such lands, highways or other
ways in such manner as to cause the least hindrance to
public travel on such ways; provided,' that all things done
upon any such way shall be subject to the direction of the
selectmen of the town of Auburn. Said district shall not
enter upon, construct or lay any conduit, pipe or other
works within the location of any railroad corporation except
at such time and in such manner as it may agree upon with
such corporation, or in case of failure so to agree, as may
be approved by the department of public utiHties. Said
district may enter upon any lands for the purpose of mak-
ing surveys, test pits and borings, and may take or other-
wise acquire the right to occupy temporarily any lands
necessary for the construction of any work or for any other
purpose authorized by this act.
Section 3. Any person sustaining damages in his prop-

Acts, 1935. — Chap. 386. 431

erty by any taking under this act or any other thing done
under authority thereof may recover such damages from
said district under said chapter seventy-nine ; but the right
to damages for the taking of any water, water right or water
source, or for any injury thereto, shall not vest until water
is actually withdrawn or diverted under authority of this
act.

Section 4. For the purpose of paying the necessary
expenses and liabilities incurred for the system of water
supply under the provisions of this act, other than expenses
of maintenance and operation, the said district may borrow
from time to time such sums as may be necessary, not ex-
ceeding, in the aggregate, fifty thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face
the words Elm Hill Water District Loan, Act of 1935. Each
authorized issue shall constitute a separate loan, and such
loans shall be payable in not more than thirty years from
their dates. Indebtedness incurred under this act shall be
subject to chapter forty-four of the General Laws.

Section 5. Said district shall, at the time of authorizing
said loan or loans, provide for the payment thereof in ac-
cordance with section four of this act ; and when a vote to
that effect has been passed, a sum which, with the income
derived from water rates, will be sufficient to pay the
annual expense of operating its water works and the interest
as it accrues on the bonds or notes issued as aforesaid by
the district, and to make such payments on the principal as
may be required under the provisions of this act, shall
without further vote be assessed upon said district by the
assessors of said town of Auburn annually thereafter until
the debt incurred by said loan or loans is extinguished.

Section 6. Any land taken or acquired under this act
shall be managed, improved and controlled by the com-
missioners hereinafter provided for, in such manner as
they shall deem for the best interest of the district.

Section 7. Whenever a tax is duly voted by said dis-
trict for the purposes of this act, the clerk shall send a
certified copy of the vote to the assessors of said town, who
shall assess the same in the same manner in all respects in
which town taxes are required by law to be assessed; pro-
vided, that no estate shall be subject to any tax assessed
on account of the system of water supply under this act if,
in the judgment of the board of water commissioners herein-
after provided for, after a hearing, such estate is so situated
that it can receive no aid in the extinguishment of fire from
the said system of water supply, and/or receive no benefit in
fire insurance grading therefrom, or if such estate is so
situated that the buildings thereon, or the buildings that
might be constructed thereon, in any ordinary or reasonable
manner could not be supplied with water from the said
system ; but all other estates in said district shall be deemed
to be benefited and shall be subject to the tax. A certified
list of the estates exempt from taxation under the provisions

432 Acts, 1935. — Chap. 386.

of this section shall annually be sent by the board of water
commissioners to the assessors, at the same time at which
the clerk shall send a certified copy of the vote as afore-
said. The assessment shall be committed to the town col-
lector, who shall collect said tax in the manner provided
by law for the collection of town taxes, and shall deposit
the proceeds thereof with the district treasurer for the use
and benefit of said district. Said district may collect
interest on overdue taxes in the manner in which interest
is authorized to be collected on town taxes.

Section 8. The first meeting of the voters of the terri-
tory included within the boundaries set forth in section one
shall be called, on petition of ten or more legal voters there-
in, by a warrant from the selectmen of said town, or from a
justice of the peace, directed to one of the petitioners, re-
quiring him to give notice of the meeting by posting copies
of the warrant in two or more public places in the district
seven days at least before the time of the meeting. Such jus-
tice of the peace, or one of the selectmen, shall preside at
such meeting until a clerk is chosen and sworn, and the clerk
shall preside until a moderator is chosen. After the choice
of a moderator for the meeting the question of the accept-
ance of this act shall be submitted to the voters, and if it is
accepted by a majority of the voters present and voting
thereon it shall take effect, and the meeting may then pro-
ceed to act on the other articles in the warrant.

Section 9. Said district shall, after the acceptance
of this act as aforesaid, elect by ballot, either at the same
meeting at which this act is accepted or at a special meet-
ing thereafter called for the purpose, three persons, resident
taxpayers of said district, to hold office, one until the expira-
tion of three years, one until the expiration of two years,
and one until the expiration of one year, from the day of
the next succeeding annual district meeting, to constitute a
board of water commissioners; and at every annual meet-
ing following such next succeeding annual district meeting
one such commissioner shall be elected by ballot for the
term of three years. All the authority granted to said
district by this act, except sections four and five, and not
otherwise specifically provided for, shall be vested in said
board of water commissioners, who shall be subject, how-
ever, to such instructions, rules and regulations as the
district may by vote impose. At the meeting at which said
commissioners are first elected and at each annual district
meeting said district shall elect by ballot a treasurer of said
district, who shall be other than a commissioner and who
shall give bond to said district in such an amount as may
be approved by the commissioners. A majority of the
commissioners shall constitute a quorum for the trans-
action of business. Any vacancy occurring in said board
from any cause may be filled for the remainder of the unex-
pired term by said district at any legal meeting called for
the purpose. No money shall be drawn from the treasury

Acts, 1935. — Chap. 386. 433

of said district on account of the water works except upon
a written order of said commissioners or a majority of them.

Section 10. Said commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income
of the water works shall be appropriated to defray all
operating expenses, interest charges and payments on the
principal as they shall accrue upon any bonds or notes is-
sued under authority of this act. If there should be a net
surplus remaining after providing for the aforesaid charges,
it may be appropriated for such new construction as said
commissioners may recommend, and in case a surplus
should remain after payment for such new construction
the water rates shall be reduced proportionately. Said com-
missioners shall annually, and as often as said district may
require, render a report upon the condition of the works
under their charge, and an account of their doings, includ-
ing an account of receipts and expenditures.

Section 12. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water obtained or supplied under
this act, or wilfully or wantonly injures any reservoir,
standpipe, aqueduct, pipe or other property owned or used
by said district for any of the purposes of this act shall for-
feit and pay to said district three times the amount of
damages assessed therefor, to be recovered in an action of
tort, and upon conviction of any of the above acts shall be
punished by a fine of not more than one hundred dollars
or by imprisonment in jail for not more than twelve months.

Section 13. Upon a petition in writing addressed to
said commissioners requesting that certain real estate, ac-
curately described therein, located in said town and abutting
on said district and not otherwise served by a public water
supply be included within the limits thereof, and signed
by the owners of such real estate, or a major portion thereof,
said commissioners shall cause a duly warned meeting of
the district to be called, at which meeting the voters may
vote on the question of including said real estate within the
district. If a majority of the voters present and voting
thereon vote in the affirmative the district clerk shall within
ten days file with the town clerk of said town and with the
state secretary an attested copy of said petition and vote;
and thereupon said real estate shall become and be part of
the district and shall be holden under this act in the same
manner and to the same extent as the real estate described
in section one.

434

Acts, 1935. — Chap. 387.

Section 14. This act shall take full effect upon its ac-
ceptance by a majority vote of the voters of the district
present and voting thereon at a district meeting called,
in accordance with the provisions of section eight, within
three years after its passage; but the number of meetings
so called in any one year shall not exceed three.

Approved June 29, 1935.

G. L. (Ter.
Ed.). 153. § 6,
amended.

Notice of
injury under
employers'
liability law.

Chap. S87 An Act relative to want of notice in actions under

THE employers' LIABILITY LAW, SO CALLED.

Be it enacted, etc., as follows:

Section six of chapter one hundred and fifty-three of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by adding at the end thereof the fol-
lowing : — Want of notice as required by this section shall
not bar proceedings if it is shown that the employer, or any
agent of the employer exercising superintendence, had
knowledge of the injury, or if it is found as a fact that the
employer was not prejudiced by such want of notice, — so
as to read as follows : — Section 6. No action for the re-
covery of damages for injury under section one of this
chapter or for death under section four or seven of chapter
two hundred and twenty-nine shall be maintained unless
notice of the time, place and cause of the injury is given to
the employer within sixty days, and the action is commenced
within one year, after the accident which causes the injury
or death. Such notice shall be in writing, signed by the
person injured or by a person in his behalf. If the person
injured dies within the time required for giving the notice,
his executor or administrator may give such notice within
sixty days after his appointment; and in such case the
action may be begun within one year after the appointment
of such executor or administrator. If from physical or
mental incapacity it is impossible for the person injured
to give the notice within the time provided in this section,
he may give it within ten days after such incapacity has
been removed, and if he dies within said ten days his execu-
tor or administrator may give such notice within sixty days
after his appointment. If the employer dies without such
notice having been given and before the time for giving
such notice has elapsed, the notice may be given to his
executor or administrator, and the time within which the
notice may be given as herein provided shall run from the
appointment of the executor or administrator. A notice
given under this section shall not be held invaHd or insuffi-
cient solely by reason of an inaccuracy in stating the time,
place or cause of the injury if it is shown that there was no
intention to mislead, and that the employer was not in fact
misled thereby. If the employer dies without such action
having been brought and before the time for bringing the
action has elapsed, the action may be begun against his

Acts, 1935. — Chap. 388.

435

executor or administrator not less than six months and not
more than one year after the executor or administrator has
given bond for the performance of his trust. Any form of
written communication signed by the person so injured, or
by some person in his behalf, or by his executor or adminis-
trator, or by some person in behalf of such executor or ad-
ministrator, containing the information that the person
was so injured, giving the time, place and cause of the
injury or death, shall be considered a sufl&cient notice.
Want of notice as required by this section shall not bar
proceedings if it is shown that the employer, or any agent
of the employer exercising superintendence, had knowledge
of the injury, or if it is found as a fact that the employer
was not prejudiced by such want of notice.

Approved June 29, 1935.

G. L. (Ter.
Ed.), 40, § 30,
etc., amended.

Board of
appeals on
zoning _
regulations.

An Act relative to the powers of boards of appeal Qfidy QCg

UNDER THE MUNICIPAL ZONING LAWS, SO CALLED. ^'

Be it enacted, etc., as follows:

Section 1. Section thirty of chapter forty of the Gen-
eral Laws, as appearing in section one of chapter two hun-
dred and sixty-nine of the acts of nineteen hundred and
thirty-three, is hereby amended by striking out the word
"the" before the word "appeal" in the sixty-second hne and
inserting in place thereof the word : — any, — and by in-
serting after the word "it", in the same hne, the words: —
or any petition for a variance, — so that the paragraph
contained in the sixty-first to the seventieth lines will read
as follows: —

The board of appeals shall fix a reasonable time for the
hearing of any appeal or other matter referred to it or any
petition for a variance, and give public notice thereof in an
official publication, or a newspaper of general circulation,
in the municipality, and also send notice by mail, postage
prepaid, to the petitioner and to the owners of all property
deemed by the board to be affected thereby, as they appear
on the most recent local tax list, and decide the same within
a reasonable time. At the hearing any party may appear
in person or by agent or by attorney.

Section 2. Said section thirty, as so appearing, is
hereby further amended by inserting after the word "ap-
peal" in the eightieth fine the words: — , or upon petition
in cases where a particular use is sought for which no
permit is required, — so that the paragraph contained in
the eightieth to ninetieth lines will read as follows: —

3. To authorize upon appeal, or upon petition in cases
where a particular use is sought for which no permit is
required, with respect to a particular parcel of land a
variance from the terms of such an ordinance or by-law
where, owing to conditions especially affecting such parcel
but not affecting generally the zoning district in which it is

G. L. (Ter.
Ed.), 40, 5 30,
etc., amended.

Same subject.

436

Acts, 1935. — Chaps. 389, 390.

located, a literal enforcement of the provisions of the ordi-
nance or by-law would involve substantial hardship to the
appellant, and where desirable relief may be granted with-
out substantial detriment to the public good and without
substantially derogating from the intent or purpose of such
ordinance or by-law, but not otherwise.

Approved June 29, 1935.

Chap. 3S9 An Act providing for certain improvements at the

STATE PIER IN THE CITY OF NEW BEDFORD.

Be it enacted, etc., as follows:

The department of public works is hereby authorized
and directed to provide for additional protection for mer-
chandise at the state pier in the city of New Bedford and
to make such other improvements thereat as it may deem
necessary. For the purposes of this act, said department
may expend such sums, not exceeding, in the aggregate,
ten thousand dollars, as may be hereafter appropriated
therefor. Approved June 29, 1935.

G. L. (Ter.
Ed.), 32, § 2,
amended.

State

retirement

association.

Payments to

widows of

deceased

members.

C/iay). 390 -^^ ^^'^ regulating the amounts OF FEES OF PHYSICIANS
AND OTHER EXAMINERS ACTING FOR THE RETIREMENT
BOARD IN DISABILITY RETIREMENT CASES.

Be it enacted, etc., as follows:

Section two of chapter thirty-two of the General Laws, as
appearing in the Tercentenary Edition, is hereby amended
by striking out paragraphs (10) and (11) and inserting in
place thereof the following : —

(10) If any member is found by the board to have died
from injuries received while in the discharge of his duty,
and leaves a widow, or if no widow any child or children
under the age of sixteen, a pension equal to the retirement
allowance to which such member would have been entitled
under paragraph (9) had he been permanently incapaci-
tated shall be paid to such widow so long as she remains un-
married, or for the benefit of such child or children so long
as he or any one of them continues under the age of sixteen.
A person receiving a pension under this paragraph shall not
receive from the commonwealth any other sum by way of
annuity, pension or compensation. Payments under this
paragraph shall not be made as of a date earlier than that
of the receipt by the board of written application therefor,
except that payments to a child of a deceased member shall
date from the day as of which payments to his widow shall
terminate.

(11) The word "injuries", as used in paragraphs (9) and
(10) of this section, shall mean any injury which is a natural
and proximate result of an accident occurring in the per-
formance and within the scope of duty and without fault

Word

"injuries"

defined.

Acts, 1935. — Chap. 391. 437

of the member. The board may employ physicians or
others as examiners and obtain X-ray plates whenever in
its judgment it is necessary to assist in determining the
cause, nature and degree of disability under paragraph (8)
or (9) or to determine such facts at the time of a re-examina-
tion under paragraph (9) . The fee for an office examination
in any one case shall not exceed ten dollars in amount to
each physician or other examiner employed by the board.
If the member's physician shall certify in writing to the
retirement board that the physical or mental condition of
the member will not permit him to present himself for office
examination he may be examined at his residence or wher-
ever he may be, in which case the fee of each physician or
other examiner employed by the board shall not exceed
twenty dollars. A fee shall cover all services and expenses
other than X-ray plates, including a written report to the
retirement board which may be a joint report. All fees
of physicians and other examiners employed by the board
and all expenses of obtaining X-ray plates shall be subject
to its approval, and upon such approval shall be paid by
the commonwealth. The decision of the board on the
question of disability and retirement under said paragraph
(8) or (9) shall be final. Approved June 29, 1935.

An Act authorizing the city of new Bedford to apply
the proceeds of a certain loan, and money received
from the federal government from a grant, to the
improvement of its water supply system or to the
cancellation of certain of its water debts.

Be it enacted, etc., as follows:

Section 1. The city of New Bedford is hereby author-
ized to appropriate the balance of the grant received from
the United States government on account of Public Works
Administration project No. 2038 for the construction of a
water main to the purchase and cancellation of bonds desig-
nated as the New Bedford Water Loan of 1934.

Section 2. The said city is hereby further authorized
to appropriate the unexpended balance of the proceeds of
the New Bedford Water Loan of 1934, remaining after
payment of the cost of construction of the forty-eight inch
force main, to pay the cost of reconditioning the old steel
force main between the Quittacas pumping station in
Rochester and the High Hill reservoir in Dartmouth, or for
the cancellation of bonds designated as the New Bedford
Water Loan of 1934.

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

Approved July 3, 1935.

C/iap. 391

438

Acts, 1935. — Chaps. 392, 393.

Chap.S92 An Act authorizing temporary borrowings by the

COMMONWEALTH IN ANTICIPATION OF RECEIPTS FROM
FEDERAL GRANTS FOR EMERGENCY PUBLIC WORKS.

Emergency
preamble.

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 public convenience.

Be it enacted, etc., as follows:

In order to provide funds to carry out public works proj-
ects entered into under authority of the provisions of chap-
ter three hundred and sixty-five of the acts of nineteen
hundred and thirty-three or of said chapter as heretofore
or hereafter amended, over and above the amount author-
ized to be borrowed by the commonwealth under said provi-
sions, in anticipation of the receipt by the commonwealth
of contributions therefor due from the federal government
under agreements for grants, the state treasurer, with the
approval of the governor, may borrow from time to time,
on the credit of the commonwealth, such amounts as may
be certified by the emergency public works commission
to be necessary to provide such temporary funds, but not
exceeding at the time of any such certification the balance
of such federal grants then remaining unpaid, and the state
treasurer may issue and renew notes of the commonwealth
therefor, bearing interest payable at such times and at such
rates as shall be fixed by him, with the approval of the
governor. Such notes shall be issued for such maximum
term of years as the governor may recommend to the general
court in accordance with section three of Article LXII of the
amendments to the constitution of the commonwealth.
All notes issued hereunder shall be signed by the state
treasurer, approved by the governor and countersigned by
the comptroller. Approved July S, 1935.

Chap. 393 An Act providing that certain motor vehicles be

EQUIPPED WITH SAFETY GLASS, SO CALLED,

Be it enacted, etc., as follows:

Section 1. Chapter ninety of the General Laws is
hereby amended by striking out section nine A, as most
recently amended by section one of chapter one hundred
and sixty-eight of the acts of nineteen hundred and thirty-
two, and inserting in place thereof the following: — Section
9 A. No person shall operate any automobile, and the
owner or custodian of an automobile shall not permit the
same to be operated, with partitions, doors, windows or
wind shields of glass unless such glass is of a type known as
non-scatterable or safety glass; provided, that this section
shall not apply to the operation of any motor vehicle owned
by a non-resident and operated in the commonwealth under

G. L. (Ter.
Ed.). 90, § 9A,
etc., amended.

Non-scatter-
able glaPB
wind shields on
motor vehicles.

Acts, 1935. — Chaps. 394, 395.

439

authority of section three, nor to any privately owned
passenger motor vehicle of less than eight passenger seating
capacity not used for carrying passengers for compensa-
tion or hire or any truck owned by a farmer and principally
used to transport farm produce, equipment or materials
to, from, or upon his farm, if such motor vehicle or truck is
registered under this chapter having been previously regis-
tered in another state by the same owner while a bona fide
resident of such other state. The term "non-scatterable
or safety glass", as used herein, shall include any glass de-
signed to minimize the likelihood of personal injury from its
breaking or scattering when broken, and approved by the
department, which shall keep on file at the office of the
registrar, for public inspection, a list of types of such glass
so approved.

Section 2. This act shall not apply to any motor
vehicle manufactured or assembled, or both, prior to Janu-
ary first, nineteen hundred and thirty-six.

Approved July 3, 1935.

Application
of act.

An Act authorizing the armory commissioners to

ACQUIRE additional LAND FOR THE STATE RIFLE RANGE.

Be it enacted, etc., as follows:

After an appropriation has been made for the purpose,
the armory commissioners are hereby authorized, with the
approval of the governor and council, to acquire by pur-
chase or to take by eminent domain under chapter eighty A
of the General Laws, the land lying in the towns of Read-
ing, North Reading and Lynnfield and adjoining the north-
ern boundary of the present state rifle range. The land
to be taken shall adjoin the state rifle range and shall extend
in a northerly direction four thousand yards north of the
present firing point on the state rifle range and shall extend
to a line five degrees to the east of the most easterly present
line of fire and shall extend to a line five degrees to the west
of the most westerly present line of fire.

Approved July 3, 1935.

Chap.SM

An Act increasing the amount to be paid into the
treasury of the commonwealth in certain cases of
industrial accidents resulting in death.

Be it enacted, etc., as follows:

Section sixty-five of chapter one hundred and fifty-two
of the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by striking out, in the third line,
the words "one hundred" and inserting in place thereof the
words: — two hundred and fifty, — so as to read as fol-
lows:— Section 65. For every case of personal injury re- Special funds
suiting in death covered by this chapter, when there are no paVmenta!

C/iap. 395

G. L. (Ter.
Ed.). 152, § 65,
amended.

440

Acts, 1935. — Chaps. 396, 397.

dependents, the insurance company shall pay into the
treasury of the commonwealth two hundred and fifty dol-
lars. Such payments shall constitute a special fund in the
custody of the state treasurer who shall make payments
therefrom upon the written order of the department for the
purposes set forth in section thirty-seven.

Approved July 3, 1935.

Chap.39Q An Act relative to certain contracts of conditional

SALE OF HOUSEHOLD OR PERSONAL EFFECTS.

Be it enacted, etc., as follows:

Chapter two hundred and fifty-five of the General Laws
is hereby amended by inserting after section thirteen A,
inserted by section one of chapter three hundred and forty-
eight of the acts of nineteen hundred and thirty-five, the
following new section: — Section 13B. Any provision of a
written contract of conditional sale of household furniture,
jewelry or other household or personal effects at a price of
less than one thousand dollars which purports to provide
for the inclusion of any personal property, other than that
sold for said purchase price, as security for payment of such
price or any part thereof shall be null and void; but the
other provisions of such contract shall not be affected
thereby. Approved July 3, 1935.

G. L. (Ter.
Ed.), 255, new
section 13B,
added.

Conditional
sale contracts,
provisions of,
regulated.

Chap. S97 -A^ -A^'^ RELATIVE TO THE PURCHASE FOR PUBLIC INSTITU-
TIONS OF ARTICLES OR SUPPLIES PRODUCED BY BLIND
PERSONS AND RELATIVE TO THE EMPLOYMENT OF BLIND
PERSONS FOR CERTAIN SERVICES.

Be it enacted, etc., as follows:

Chapter sixty-nine of the General Laws is hereby amended
by striking out section twenty-five, as appearing in the
Tercentenary Edition, and inserting in place thereof the
following: — Section 25. The state purchasing agent, such
officers in charge of state institutions as may be author-
ized by him to make purchases and officers in charge of
other public institutions shall purchase brooms, mops and
other supplies, other than products of prison labor, from
the division of the blind; provided, that the division has
the same for sale and that they were produced by persons
under the supervision of the division or in industrial schools
or workshops under its supervision. Said purchasing agent
and officers shall, when employing persons for piano tuning,
cane seating or mattress renovating, employ persons who
are under the supervision of said division or who work in
any such industrial school or workshop. Any officer who
wilfully refuses or neglects to comply with any require-
ment of this section relative to the purchase of articles' and
employment of persons shall be punished by a fine of not

G. L. (Ter.
Ed.), 69, §25,
amended.

Articles pro-
duced by the
blind to be
used in public
institutions.

Acts, 1935. — Chaps. 398, 399. 441

more than one hundred dollars. The term "public institu-
tions", as used in this section, shall include all offices, de-
partments and institutions of the several counties, cities
and towns. The director of said division may issue a re-
lease from the provisions of this section, upon the request
of the purchasing officer of a county, city or town, when
convenience or emergency requires it.

Approved July 3, 1935.

An Act providing for transportation facilities of the phn^ qqq

BOSTON ELEVATED RAILWAY COMPANY FROM CLEARY ^'

SQUARE IN THE HYDE PARK DISTRICT OF THE CITY OF BOS-
TON TO THE HYDE PARK-DEDHAM BOUNDARY LINE.

Be it enacted, etc., as follows:

The Boston Elevated Railway Company is hereby author-
ized to provide motor bus transportation from Cleary
square in the Hyde Park district of the city of Boston to the
Hyde Park-Dedham boundary line. The fare to be charged
persons using the transportation facilities provided for here-
under between said terminals or intervening points shall
not exceed five cents; provided, that persons transferring
at said Cleary square, after having paid a fare of ten cents
between said terminals or between said Cleary square and
any other point on the system of said company, shall be
entitled to the usual free transfer privileges.

Approved July 3, 1935.

An Act authorizing the construction by the depart-
ment OF public WORKS OF A DIKE AND INCIDENTAL
STRUCTURES IN TIDE WATER WITHIN THE TERRITORY OF
THE SALISBURY RECLAMATION DISTRICT.

Be it enacted, etc., as follows:

Section 1. The department of public works is hereby
authorized and directed to construct a dike and incidental
structures in tide water within the territory of the Salisbury
reclamation district, hereinafter called the district, in the
town of Salisbury, in connection with the control works in
process of construction by the district. For said purposes
said department may expend such sums, not exceeding
thirteen thousand dollars, as may hereafter be appropriated
therefor; provided, however, that no work shall be begun
hereunder until the district has acquired the lands on which
said dike and structures are to be located and has provided
at some point reasonably near the site of the proposed dike,
materials to be used as fill and marsh sod to be used as sur-
face protection for said dike and structures and has assumed
liability for all damages that may be incurred hereunder.
After completion said dike and structures shall be the prop-
erty of the district and shall be maintained and operated
by it to the satisfaction of the state reclamation board.

Chap.399

442 Acts, 1935. — Chaps. 400, 401.

Section 2. This act shall take effect upon its accept-
ance, prior to September first in the current year, by the
proprietors of the said Salisbury reclamation district.

Approved July S, 1935.

ChapAOO An Act relative to the retirement allowance of

HARRIET ALICE SMITH UNDER THE STATE RETIREMENT
SYSTEM.

Be it enacted, etc., as follows:

Harriet Alice Smith, employed by the commonwealth
in the department of public welfare as a visitor and investi-
gator, shall receive, on her retirement under the state re-
tirement system, in addition to the retirement allowance
to which she may otherwise be entitled under said system,
an extra pension for life equal to the annuity that could
have been purchased under paragraph (2) B (a) of section
five of chapter thirty-two of the General Laws if amounts
equal to five per cent contributions from the salary paid to
her by the city of Boston for service as an employee in the
children's institutions department of said city, now known
as the child welfare division of the institutions department
of said city, had been paid into the state retirement fund
from time to time in the manner provided in section four
(2) A of said chapter thirty-two with respect to salaries
payable by the commonwealth, from June first, nineteen
hundred and twelve, up to the date of her membership in
the state retirement association and if such contributions
had been accumulated with regular interest, as defined
in section one of said chapter thirty-two, up to the time of
her retirement. For the purpose of computing said extra
pension, all service rendered by said Smith for the city of
Boston shall be counted as state service.

(The foregoing ivas laid before the governor on the first
day of July, 1935, and after five days it had "the force of a
law", as prescribed by the constitution, as it was not returned
by him with his objections thereto within that time.)

Chap. ^01 An Act authorizing the county commissioners of

PLYMOUTH COUNTY TO EXECUTE A LEASE FOR SUITABLE
QUARTERS FOR THE SECOND DISTRICT COURT OF PLYMOUTH
IN THE TOWN OF HINGHAM.

Be it enacted, etc., as follows:

Section 1. The county commissioners of Plymouth
county are hereby authorized to execute a lease for suitable
quarters for the second district court of Plymouth in the
town of Hingham for a term of fifteen years.

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

Approved July 12, 1935,

Acts, 1935. — Chaps. 402, 403.

443

ChapA02

An Act further regulating the publication and sale
of the massachusetts reports and of the advance
sheets of the opinions and decisions of the supreme
judicial court.

Whereas,The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared p''«*°»'^^«-
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.

Be it enacted, etc., as follows:

Chapter nine of the General Laws is hereby amended by o. l. (Ter.
inserting after section nineteen, as appearing in the Ter- Action 20!"^
centenary Edition, the following new section : — Section 20. added.
There shall be in the department of the state secretary, but and saw"
not subject to his supervision or control except as herein decisions of
provided, a board, consisting of the attorney general, the judidai
state secretary, the reporter of decisions of the supreme ''°'^'"*-
judicial court, and a member of the commission on admin-
istration and finance to be designated by its chairman,
which board shall from time to time advertise for proposals
for the execution of the printing and binding, and provide
for the sale to the public at such price as said board may
fix, of the reports of the decisions of the supreme judicial
court, styled "Massachusetts Reports", during a term of
one, two or three years from a date specified by said board
in its advertisement. Said board shall take into considera-
tion the circumstances and facilities of the several bidders
for the above-mentioned work, as well as the terms offered;
may reject any bids received; shall award the contract to
such bidder as in its judgment the interests of the common-
wealth may require; and shall execute the contract in the
name and behalf of the commonwealth. Said board may
from time to time negotiate for, and execute in the name
and behalf of, the commonwealth a contract for the print-
ing and sale to the public, during such period of time and at
such price as said board may fix, of advance copies of
opinions of said court filed with the reporter of decisions.
Bonds or securities satisfactory to said board, in an amount
not less than ten thousand dollars, shall be given to or de-
posited by each person to whom any contract is awarded
under authority of this section, to secure faithful per-
formance thereof. Approved July 12, 1935.

An Act relative to the calling of town meetings and QJiQrf 493

THE validating OF THE ACTS AND PROCEEDINGS OF CER- ^'

TAIN towns.

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

444

Acts, 1935. — Chap. 404.

G. L. (Ter.
Ed.). 39, §10,
amended.

Warrants for
town meetings.

Validating
meetings
previously
called.

Be it enacted, etc., as follows:

Section 1. Section ten of chapter thirty-nine of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by inserting after the word "town"
the first time such word appears in the seventh Hne the
words: — , or in a manner approved by the attorney gen-
eral, — so as to read as follows: - — Section 10. Every town
meeting, except as hereinafter provided, shall be called in
pursuance of a warrant, under the hands of the selectmen,
notice of which shall be given at least seven days before such
meeting. The warrant shall be directed to the constables
or to some other persons, who shall forthwith give notice of
such meeting in the manner prescribed by the by-laws, or,
if there are no by-laws, by a vote of the town, or in a man-
ner approved by the attorney general. The warrant for
all town meetings shall state the time and place of holding
the meeting and the subjects to be acted upon thereat.
The selectmen shall insert in the warrant for the annual
meeting all subjects the insertion of which shall be requested
of them in writing by ten or more registered voters of the
town and in the warrant for every special town meeting all
subjects the insertion of which shall be requested of them
in writing by one hundred registered voters or by ten per
cent of the total number of registered voters of the town.
No action shall be valid unless the subject matter thereof
is contained in the warrant. Two or more distinct town
meetings for distinct purposes may be called by the same
warrant.

Section 2. All town meetings called in pursuance of a
warrant, under the hands of the selectmen, notice of which
was given at least seven days before such meeting, and the
acts and proceedings thereof, and of the officers elected
thereat, in so far as said meetings, acts or proceedings were
invalid by reason of the failure to call the meetings in
accordance with section ten of chapter thirty-nine of the
General Laws or corresponding provisions of earher laws,
are hereby validated and confirmed.

Approved July 12, 1935.

Emorgency
preamble.

Chap. 404 An Act relative to the securing of the benefits of the

NATIONAL INDUSTRIAL RECOVERY ACT AND THE EMER-
GENCY RELIEF APPROPRIATION ACT OF 1935 BY COUNTIES,
CITIES, TOWNS AND DISTRICTS.

Be it enacted, etc., as follows:

Section 1. Section two of Part one of chapter three
hundred and sixty-six of the acts of nineteen hundred'and
thirty-three, as amended by section one of chapter twenty-

Acts, 1935. — Chap. 404. 445

one of the acts of nineteen hundred and thirty-four, is
hereby further amended by inserting after the word "Any"
in the first Hne the words : — county, except Suffolk or
Nantucket, if authorized by the county commissioners, or
any, — by inserting after the word "Act" in the eighth line
the words: — and in any useful public project authorized
under the joint resolution of congress known as the Emerg-
ency Relief Appropriation Act of 1935, — by inserting
after the words "Title II" in the twelfth and in the twenty-
first lines, in each instance, the words: — or under said
joint resolution, as the case may be, — by inserting after
the words "Title 11" in the fourteenth line the words: —
or of said joint resolution, as the case may be, — by insert-
ing after the word "such" in the eighteenth line, after the
word "Each" in the eighty-first line, after the word "such"
in the eighty-fourth line, in the ninetieth line and in the
ninety-fourth line, in each instance, the word: — county, —
and by inserting after the word "indebtedness" in the
eighty-fifth line the following : — , if any, — so as to read
as follows : — Section 2. Any county, except Suffolk or
Nantucket, if authorized by the county commissioners, or
any city or town, including Boston and Worcester, if
authorized by a two thirds vote as defined in section one of
chapter forty-four of the General Laws, with the approval
of the mayor of such a city, may engage in any public
works project included in any "comprehensive program of
public works" prepared under section two hundred and
two of Title II of the National Industrial Recovery Act
and in any useful public project authorized under the joint
resolution of congress known as the Emergency Relief
Appropriation Act of 1935, but only in case such project
is approved, as hereinafter provided, by the board and by
the governor and in case the proper federal authorities
have approved a grant therefor of federal money under
section two hundred and three of said Title II or under
said joint resolution, as the case may be. Such projects,
so approved, shall be carried out in all respects subject to
the provisions of said Title II or of said joint resolution, as
the case may be, and to such terms, conditions, rules and
regulations, not inconsistent with applicable federal laws
and regulations, as the board may establish, with the ap-
proval of the governor, to ensure the proper execution of
such projects. Any such county, city or town may accept
and use for carrying out any project so approved any grant,
or any grant and loan, of federal funds under section two
hundred and three of said Title II or under said joint resolu-
tion, as the case may be; and, for the purpose only of
carrying out such project, may borrow from the United
States of America or other sources, or both, such sums as
may be fixed by the board as hereinafter provided, and
may issue bonds, notes or other forms of written acknowl-
edgment of debt for such terms and carrying interest at
rates not exceeding such rates as may be fixed by the board

446 Acts, 1935. — Chap. 404.

as hereinafter provided. Any city or town may borrow
hereunder for projects for which borrowings are authorized
by section seven of said chapter forty-four and for other
projects for which borrowings are not authorized by sec-
tion eight of said chapter, amounts not exceeding in the
aggregate one per cent of the average of the assessors'
valuation of its taxable property for the three preceding
years, reduced and otherwise determined as provided in
section ten of said chapter, without affecting its future
borrowing capacity, and in addition, after such Umit of one
per cent is reached, may so borrow therefor so much as
may be required of any amount within its debt limit, as
determined in accordance with said section ten, not then
borrowed or authorized by such city or town to be bor-
rowed; and any city or town may borrow hereunder for
projects of any class for which borrowings are authorized
by section eight of said chapter, water projects being
treated as a single class for the purposes hereof, amounts
not exceeding in the aggregate one per cent of the last
preceding assessed valuation of such city or town, without
affecting its future borrowing capacity, and in addition,
after such limit of one per cent is reached, may so borrow
therefor so much as may be required of any amount author-
ized by said section eight for such class of projects not then
borrowed or authorized by such city or town to be borrowed,
and no borrowing hereunder for any project for which
borrowings are authorized by said section eight shall be
reckoned in determining the borrowing capacity of such
city or town under said section ten. For the purposes
of the foregoing sentence, the limit of indebtedness of the
city of Boston shall be computed in accordance with the
provisions of section ten of said chapter forty-four as
provided in section two of chapter two hundred and twenty-
five of the acts of nineteen hundred and thirty-one. In
fixing the amounts that may be borrowed hereunder for
projects for which borrowings are not authorized by said
chapter forty-four, the board shall be guided by the above
limitations as applied to the provisions of said chapter ap-
pHcable to like projects. The board shall fix the terms of
and maximum rates of interest on the bonds, notes or other
forms of written acknowledgment of debt issued hereunder;
which terms and rates of interest, in case of obligations to
be issued to the United States of America, shall be fixed
in accordance with the appHcable federal laws and regula-
tions and subject to the approval of the proper federal
authorities. All the provisions of said chapter forty-four,
exclusive of the limitation contained in the first paragraph
of section seven thereof, that no loan shall be authorized
unless a sum equal to twenty-five cents on each one thou-
sand dollars of the assessed valuation of the city or town
has been appropriated or voted to be raised by taxation,
shall apply to any borrowing hereunder by any city or
town, including Boston and Worcester, except as herein-

Acts, 1935. — Chap. 404. 447

before provided and, in respect of any borrowing from the
United States of America, except in so far as such provi-
sions of law may be in conflict with applicable federal laws
and regulations. Each county, city or town seeking the
approval of any projects by the board shall submit to it all
information required with respect to the financial condi-
tion of such county, city or town, its outstanding indebted-
ness within and without its limit of indebtedness, if any,
the estimated cost of the project, the alleged necessity
therefor, and the proposed method of financing the same. ■
In granting or withholding its approval, the board shall
take into consideration, among other things, the necessity
of the proposed project, the ability of such county, city or
town to finance the same, the extent to which the carrying
out of the project will tend to relieve unemployment and
the extent to which the maintenance of the project when
completed will tend to increase or decrease the annual ex-
penditures of such county, city or town and to increase or
decrease the tax burden upon its inhabitants.

Section 2. Section two A of said Part one of said
chapter three hundred and sixty-six is hereby amended by
inserting after the word "federal" in the fourth line the
following : — , county, — so as to read as follows : — Sec-
tion 2 A. All projects for the construction, reconstruction
or resurfacing of roads and the construction of sewers shall
be done by human labor, except in so far as machinery
is, in the opinion of the federal, county, city or town officer
or department having charge of the project, reasonably
necessary, and the wages for such labor shall not be less
than the prevailing rate of wages as established by the
federal government.

Section 3. Said Part one of said chapter three hun-
dred and sixty-six is hereby further amended by inserting
after section two A the following new section : — Section
2B. The county commissioners of any county, the mayor
of any city, the board of selectmen of any town, or the
governing body of any district, may submit to the board
any such proposed public works project or useful public
project, in such form as the board may by rule or regula-
tion require. If, in the opinion of the board after a hear-
ing and careful investigation, any such project is in the
public interest and otherwise meets the requirements of
section two of this act, it shall approve the same and there-
upon such project shall be submitted to the governor for
his approval. Such projects so approved shall, as soon as
may be, be submitted to the proper federal authorities for
their approval. This section shall not be construed as
prohibiting the submission of such projects to the proper
federal authorities, in the form required by applicable
federal regulations, for preliminary study prior to approval
by the board and the governor.

Section 4. Section three of said Part one of said chap-
ter three hundred and sixty-six is hereby amended by

448 Acts, 1935. — Chap. 404.

inserting after the article "a" in the first line the word: —
county, — and by inserting after the word "such" in the
seventh line the word : — county, — so as to read as fol-
lows: — Section S. Any officer or department of a county,
city or town charged with the duty of carrying out any
project so approved shall have, in addition to any powers
expressly given by statute, such powers as may be de-
termined and certified by the board to be proper and rea-
sonably necessary to carry out such project, including the
power to take property by eminent domain on behalf of
such county, city or town provided that no source of water
supply and no works for the disposal of sewage shall be
installed without first having the approval of the state de-
partment of public health. If such officer or department
is aggrieved by such action, he or it may, within ten days
after notice thereof, appeal to the governor, whose de-
cision shall be final. The board is hereby authorized to
make all necessary orders, rules and regulations and per-
form all necessary actions under this act ; and none of such
orders, rules, regulations and actions shall be declared
inoperative, illegal or void for any omission of a technical
nature in respect thereto. Nothing in this act shall re-
quire any action in contravention of applicable federal
laws and rules and regulations nor preclude action in con-
formity therewith.

Section 5. Section four of said Part one of said chapter
three hundred and sixty-six is hereby amended by insert-
ing after the word "the" in the third line the word: —
counties, — and by inserting after the word "Act" in the
fifth line the following : — , or under the joint resolution of
congress known as the Emergency Relief Appropriation
Act of 1935, — so as to read as follows: — Section Jf.. The
governor of the commonwealth is hereby authorized to
take any and all steps necessary from time to time to
enable the counties, cities and towns of this commonwealth
to secure any benefits to which they may be entitled under
the National Industrial Recovery Act, or under the joint
resolution of congress known as the Emergency Relief
Appropriation Act of 1935, and the board is hereby di-
rected to co-operate and assist him in every way possible.

Section 6. Said Part one of said chapter three hundred
and sixty-six is hereby further amended by striking out
section six and inserting in place thereof the following: —
Section 6. The provisions of Part I of this act shall, so far
as apphcable, apply to any district.

Section 7. Any county which has heretofore been
authorized by any special act to accept and use federal
funds in the carrying out of any public project for the
county or the tuberculosis hospital district therein may
accept and use federal funds under Part one of chapter
three hundred and sixty-six of the acts of nineteen hundred
and thirty-three, as amended by this act, to the same extent
as though the provisions of said Part one, as so amended,

Acts, 1935. — Chap. 405. 449

had been in effect at the time such special act became
effective.

Section 8. If a county, city, town or district shall have
borrowed money under authority of chapter three hundred
and sixty-six of the acts of nineteen hundred and thirty-
three, or under said chapter as heretofore, hereby or here-
after amended and shall have an agreement with the
federal government whereby such government grants such
county, city, town or district a sum of money on account
of the project for which the money was borrowed, the
treasurer of such county, city, town or district, with the ap-
proval of the county commissioners, mayor, selectmen or
prudential committee or commissioners, as the case may be,
in anticipation of the receipt of the proceeds of such grant,
may incur debt, which in the case of a city, town or district
may be outside the debt limit, to an amount not exceed-
ing the amount of the grant as shown by the grant agree-
ment, and may issue notes therefor payable in not exceeding
one year from their dates; and the proceeds of the grant,
so far as necessary, shall be applied to the discharge of
the loan. Approved July 12, 1936.

An Act establishing in the department of public util- (Jfidj) 405

ITIES A COMMERCIAL MOTOR VEHICLE DIVISION, UNDER THE
CHARGE OF A DIRECTOR THEREOF.

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared p"*™''®-
to be an emergency law, necessary for the immediate preser-
vation of the public safety and convenience.

Be it enacted, etc., as follows:

Section 1. Chapter twenty-five of the General Laws is g. l. (Ter.
hereby amended by inserting after section twelve E, in- Bection^i2FT
serted therein by section one of chapter three hundred and added,
fifty-two of the acts of nineteen hundred and thirty-four,
the following new section: — Section 12F. There shall be Commercial
in the department, and under the general supervision and ^ehicfe
control of the commission, a commercial motor vehicle division,
division which shall be under the charge of a director, who
shall be subject to chapter thirty-one and the rules and
regulations made under authority thereof. The commis-
sion shall appoint said director and, subject to the approval
of the governor and council, shall fix his compensation.
Said division, subject to such supervision and control, shall
perform such functions in relation to the administration
and enforcement of chapters one hundred and fifty-nine A
and one hundred and fifty-nine B imposed upon the depart-
ment by said chapters as the commission may from time
to time determine by order duly recorded in the office of
the commission and open to public inspection. Such an
order may also provide for appeals to the commission from
rulings and decisions of the said director. The commission

450

Acts, 1935. — Chap. 406.

G. L. (Ter.
Ed.), 31, § 5,
amended.

Employees
exempt from
civil service.

may employ such assistants and employees to serve in said
division as it may deem necessary.

Section 2. Section five of chapter thirty-one of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by inserting after the word "common-
wealth" in the eleventh line the words: — , except as pro-
vided in section twelve F of chapter twenty-five, — so as to
read as follows : — Section 6. No rule made by the board
shall apply to the selection or appointment of any of the
following:

Judicial officers; officers elected by the people or, except
as otherwise expressly provided in this chapter, by a city
council; officers whose appointment is subject to confirma-
tion by the executive council, or by the city council of any
city; officers whose appointment is subject to the approval
of the governor and council; officers elected by either
branch of the general court and the appointees of such
officers; heads of principal departments of the common-
wealth or of a city except as otherwise provided by the
preceding section; directors of divisions authorized by law
in the departments of the commonwealth, except as pro-
vided in section twelve F of chapter twenty-five ; employees
of the state treasurer appointed under section five of chapter
ten, employees of the commissioner of banks, and of the
treasurer and collector of taxes of any city; two employees
of the city clerk of any city; public school teachers; secre-
taries and confidential stenographers of the governor, or of
the mayor of any city; clerical employees in the registries of
probate of all the counties; police and fire commissioners
and chief marshals or chiefs of police and of fire departments,
except as provided in section forty-nine ; and such others as
are by law exempt from the operation of this chapter.

Approved July 12, 1935.

G. L. (Ter.
Ed.), 152, § 1,
etc., amended.

C/iap.406 "^N ^^'^ HARMONIZING THE DEFINITION OF EMPLOYEES
UNDER THE WORKMEN'S COMPENSATION LAW WITH CER-
TAIN OTHER PROVISIONS THEREOF.

Be it enacted, etc., as follows:

Section one of chapter one hundred and fifty-two of the
General Laws, as most recently amended by section one of
chapter three hundred and thirty-two of the acts of the
current year, is hereby further amended by striking out the
paragraph numbered (4), as appearing in the Tercentenary
Edition, and inserting in place thereof the following para-
graph : —

(4) "Employee", every person in the service of another
under any contract of hire, express or implied, oral or writ-
ten, excepting masters of and seamen on vessels engaged in
interstate or foreign commerce, and excepting one whose
employment is not in the usual course of the trade, business,
profession or occupation of his employer, but not excepting

"Employee"
defined.

Acts, 1935. — Chap. 407.

a person conclusively presumed to be an employee under
section twenty-six of this chapter. Any reference to an
employee who has been injured shall, when the employee is
dead, also include his legal representatives, dependents and
other persons to whom compensation may be payable.

Approved July 12, 1935.

451

G. L. (Ter.
Ed.), 149, new
sections 20B
and 20C,
added.

Liability of
officers, etc., of
labor organi-
zations limited.

Same subject.

An Act relative to injunction and contempt procedure (JJidr)^ 407

IN LABOR DISPUTES.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and forty-nine of the
General Laws is hereby amended by inserting after section
twenty A, inserted by section one of chapter three hundred
and fifty-one of the acts of nineteen hundred and thirty-
three, the two following new sections : — Section SOB. No
officer or member of any association or organization, and
no association or organization, participating or interested
in a labor dispute, as defined in section twenty C, shall be
held responsible or liable in any court for the unlawful acts
of individual officers, members or agents, except upon clear
proof of actual participation in, or actual authorization of,
such acts, or of ratification of such acts after actual knowl-
edge thereof.

Section 20C. For the purposes of this and the preceding
section, sections one, nine and nine A of chapter two hun-
dred and fourteen, and sections thirteen A and thirteen B
of chapter two hundred and twenty, —

(a) A case shall be held to involve or to grow out of a
labor dispute when the case involves persons who are en-
gaged in the same industry, trade, craft or occupation; or
who are employees of the same employer; or who are mem-
bers of the same or an affiliated organization of employers
or employees; whether such dispute is (1) between one or
more employers or associations of employers and one or
more employees or associations of employees; (2) between
one or more employers or associations of employers and one
or more employers or associations of employers; or (3) be-
tween one or more employees or associations of employees
and one or more employees or associations of employees;
or when the case involves any conflicting or competing inter-
ests in a "labor dispute" (as hereinafter defined) of "persons
participating or interested" therein (as hereinafter defined).

(6) A person or association shall be held to be a person
participating or interested in a labor dispute if relief is
sought against him or it, and if he or it is engaged in the
same industry, trade, craft or occupation in which such dis-
pute occurs, or has a direct or indirect interest therein, or is
a member, oflficer or agent of any association composed in
whole or in part of employers or employees engaged in such
industry, trade, craft or occupation.

(c) The term "labor dispute", when used in the sections Term "labor
hereinbefore referred to, includes any controversy concern- defied.

452

Acts, 1935. — Chap. 407.

G. L. (Ter.
Ed.). 214.
§ 1, amended.

Juriediction
of courts in
labor disputes.

G. L. (Ter.
Ed.), 214. § 9,
etc., amended.

Preliminary
injunction
and temporary
restraining
orders.

ing terms or conditions of employment, or concerning the
association or representation of persons in negotiating, fix-
ing, maintaining, changing, or seeking to arrange, terms or
conditions of employment.

Section 2. Section one of chapter two hundred and
fourteen of the General Laws, as appearing in the Tercen-
tenary Edition, is hereby amended by adding at the end
thereof the following: — , except that the superior court
shall have exclusive original jurisdiction of all suits in which
injunctive relief is sought in any matter involving or grow-
ing out of a labor dispute as defined in section twenty C of
chapter one hundred and forty-nine, — so as to read as fol-
lows:— Section 1. The supreme judicial and superior
courts shall have original and concurrent jurisdiction in
equity of all cases and matters of equity cognizable under
the general principles of equity jurisprudence and, with
reference thereto, shall be courts of general equity jurisdic-
tion, except that the superior court shall have exclusive
original jurisdiction of all suits in which injunctive relief is
sought in any matter involving or growing out of a labor
dispute as defined in section twenty C of chapter one hun-
dred and forty-nine.

Section 3. Section nine of said chapter two hundred
and fourteen, as amended by chapter three hundred and
eighty-one of the acts of nineteen hundred and thirty-four,
is hereby further amended by striking out all after the word
"notice" in the eighth line down to and including the word
"order" in the twelfth line, — by striking out in the thir-
teenth line the word "any" and inserting in place thereof
the words: — such a, — by inserting after the word
"granted" in the same line the words: — without notice, —
and by adding at the end thereof the words: — or to labor
disputes as defined in section twenty C of chapter one hun-
dred and forty-nine, — so as to read as follows: — Section 9.
No preliminary injunction shall be granted \\athout notice
to the opposite party. No temporary restraining order
shall be granted without notice to the opposite party, unless
it shall clearly appear from specific facts, shown by affidavit
or by the verified bill, that immediate and irreparable loss
or damage will result to the applicant before the matter can
be heard on notice. If in such a case a temporary restrain-
ing order is granted without notice, notice of the appHca-
tion for a preliminary injunction shall be made returnable
at the earliest possible time, and in no event later than ten
days from the date of the order, and shall take precedence of
all matters except older matters of the same character.
"V^Tien the matter comes up for hearing, the party who
obtained the temporary restraining order shall proceed with
his application for a preliminary injunction, and if he does
not do so the court shall dissolve the temporary restraining
order. Upon two days' notice to the party obtaining such
temporary restraining order, the opposite party may appear
and move the dissolution or modification of the order, and

^ Acts, 1935. — Chap. 407. * 453

in that event the court or judge shall proceed to hear and
determine the motion as expeditiously as the ends of justice
may require. Every temporary restraining order shall be
filed or noted forthwith in the clerk's office. This section
shall not apply to proceedings in the probate courts or to
labor disputes as defined in section twenty C of chapter one
hundred and forty-nine.

Section 4. Said chapter two hundred and fourteen is g. l. (Ter.
hereby further amended by inserting after said section nine Action g^A.^^^
the following new section: — Section 9 A. (1) No court ^dded.
shall have jurisdiction to issue a preliminary or permanent ki^junTuon^
injunction in any case involving or growing out of a labor ***=•
dispute, as defined in section twenty C of chapter one hun-
dred and forty-nine, except after hearing the testimony of
witnesses in open court (with opportunity for cross-examina-
tion) in support of the allegations of a complaint made under
oath, and testimony in opposition thereto, if offered, and
except after findings of fact by the court, to the effect —

(a) That unlawful acts have been threatened and will be
committed unless restrained or have been committed and
will be continued unless restrained, but no injunction or
temporary restraining order shall be issued on account of
any threat or unlawful act excepting against the person or
persons, association or organization making the threat or
committing the unlawful act or actually authorizing or rat-
ifying the same after actual knowledge thereof;

(6) That substantial and irreparable injury to the com-
plainant's property will follow;

(c) That as to each item of relief granted greater injury
will be inflicted upon the complainant by the denial of relief
than will be inflicted upon the defendants by the granting
of relief;

{d) That the complainant has no adequate remedy at
law; and

(e) That the public oflficers charged with the duty to pro-
tect the complainant's property are unable or unwilling to
furnish adequate protection.

(2) Such hearing shall be held after due and personal
notice thereof has been given, in such manner as the court
shall direct, to all known persons against whom relief is
sought, and also to the chief of those public oflScials of the
city or town within which the unlawful acts have been
threatened or committed charged with the duty to protect
the complainant's property; provided, however, that if a
complainant shall also allege that, unless a temporary re-
straining order shall be issued without notice, a substantial
and irreparable injury to the complainant's property will
be unavoidable, such a temporary restraining order may
be issued upon testimony under oath, sufficient, if sustained,
to justify the court in issuing a preliminary injunction upon
a hearing after notice, and a statement of the grounds justi-
fying the issuance of such order shall be made a matter of
record by the court. Such a temporary restraining order

454 Acts, 1935. — Chap. 407.

shall be effective for no longer than five days and shall
become void at the expiration of said five days and shall not
be subject to renewal. No temporary restraining order or
preliminary injunction shall be issued except on condition
that the complainant shall first file an undertaking with
adequate security in an amount to be fixed by the court
sufficient in its opinion to recompense those enjoined for
any loss, expense or damage caused by the improvident or
erroneous issuance of such order or injunction, including all
reasonable costs (together with a reasonable attorney's fee)
and expense of defense against the order or against the
granting of any injunctive relief sought in the same pro-
ceeding and subsequentlj'' denied by the court.

(3) The undertaking herein mentioned shall be under-
stood to signify an agreement entered into by the complain-
ant and the surety upon which a decree may be rendered in
the same suit or proceeding against said complainant and
surety, upon a hearing to assess damages of which hearing
the complainant and surety shall have reasonable notice,
the said complainant and surety submitting themselves to
the jurisdiction of the court for that purpose. But nothing
herein contained shall deprive any party having a claim or
cause of action under or upon such undertaking from elect-
ing to pursue his ordinary remedy by action at law or suit
in equity.

(4) No restraining order or injunctive relief shall be
granted to any complainant who has failed to comply with
any obligation imposed by law which is involved in the
labor dispute in question, or who has failed to make every
reasonable effort to settle such dispute either by negotia-
tion or with the aid of any available governmental machin-
ery of mediation or voluntary arbitration.

(5) No restraining order, other than a temporary restrain-
ing order issued without notice as provided in subdivision
(2) of this section, and no preliminary or permanent injunc-
tion shall be granted in a case involving or growing out of a
labor dispute, except on the basis of findings of fact made
and filed by the court in the record of the case prior to the
issuance of such restraining order or injunction; and every
restraining order or injunction granted in a case involving
or growing out of a labor dispute shall include only a pro-
hibition of such specific act or acts as may be expressly com-
plained of in the bill of complaint or petition filed in such
case and as shall be expressly included in said statement of
grounds or findings of fact made and filed by the court as
pro\dded herein.

(6) Whenever the court shall issue or deny a preliminary
injunction in a case involving or growing out of a labor dis-
pute, the court, upon the request of any party to the pro-
ceeding, shall forthwith report any questions of law involved
in such issue or denial to the supreme judicial court and stay
further proceedings except those necessary to preserve- the
rights of the parties. Upon the filing of such report, the

Acts, 1935. — Chap. 407. 455

questions reported shall be heard in a summary manner by
a justice of the supreme judicial court, who shall with the
greatest possible expedition affirm, reverse or modify the
order of the superior court. The decision of such justice
of the supreme judicial court upon the questions so raised
shall be final, but without prejudice to the raising of the
same questions before the full court upon exceptions, appeal
or report after a final decree in the case.

Section 5. Chapter two hundred and twenty of the g. l. (Ter.
General Laws is hereby amended by inserting after section sections i'sa^"
thirteen, as appearing in the Tercentenary Edition, the two added^^'
following new sections: — Section ISA. Any person who penalty for
shall wilfully disobey any lawful writ, process, order, decree co^iVwith
or command of the court in any suit in which injunctive court orders,
relief is sought in any matter involving or growing out of a
labor dispute, as defined in section twenty C of chapter one
hundred and forty-nine, by doing any act or thing in or by
such writ, process, order, decree or command forbidden to be
done by him, if the act or thing so done by him is of such
character as to constitute also a criminal offence under the
laws of the commonwealth shall enjoy the right to a speedy
and public trial for his said contempt by an impartial jury
of the county wherein it shall have been committed; pro-
vided, that this right shall not apply to contempts com-
mitted in the presehce of the court or so near thereto as to
interfere directly with the administration of justice or apply
to the misbehavior, misconduct or disobedience of any
officer of the court in respect to the writs, orders or process
of the court.

Section ISB. The defendant in any proceeding for con- Contempt
tempt of court in such a case may file with the court a de- Hg'htTor^'''
mand for the retirement of the justice sitting in such case, defendant in.
if the contempt arises from an attack upon the character or
conduct of such justice and the attack occurred elsewhere
than in the presence of the court or so near thereto as to
interfere directly with the administration of justice. Upon
the filing of any such demand, prior to the hearing in the
contempt proceeding, the justice shall thereupon proceed
no further, but another justice shall be assigned by the
chief justice of the court.

Section 6. If any provision of this act or the applica- Act not
tion thereof to any person or circumstance is held uncon- ^^^^ ' . ^ en.
stitutional or otherwise invalid, the remaining provisions
of the act and the application of such provisions to other
persons or circumstances shall not be affected thereby.

Approved July 12, 1935.

456

Acts, 1935. — Chaps. 408, 409.

ChapAOS An Act relative to seniority rights in respect to the

SUSPENSION AND RE-EMPLOYMENT OF PERSONS IN THE
CLASSIFIED CIVIL SERVICE IN CERTAIN CASES.

Be it enacted, etc., as follows:

G. L. Ter. Chapter thirty-one of the General Laws is hereby

action 46(17 amended by inserting after section forty-six F, inserted by
added. ' chapter three hundred and thirty-seven of the acts of nine-
teen hundred and thirty-five, the following new section : —
Re-employment Section Jf6G. If the Separation from service of persons in
Bion^ *^^®'^" the classified service becomes necessary from lack of work
because of the season, because of lack of appropriations, or
from any other temporary cause, they shall be suspended
and re-employed according to their seniority in the service
so that the oldest employees in point of service shall be
retained the longest, and re-employed first and before new
names are certified. Approved July 12, 1935.

G. L. (Ter.
Ed.). 90. f 33.
etc., amended.

Registration
fees of certain
motor vehicles.

ChaV. 409 -^^ ^^'^ relative to the fees for the REGISTRATION OF
CERTAIN MOTOR VEHICLES AND TRAILERS.

Be it enacted, etc., as follows:

Section 1. Section thirty-three of chapter ninety of the
General Laws, as most recently amended by section four of
chapter three hundred and thirty-two of the acts of nineteen
hundred and thirty-three, is hereby further amended by
striking out the paragraphs inserted by said section four
and inserting in place thereof the following: —

(1) For the registration of every non-gasoline driven
automobile used for the transportation of goods, wares or
merchandise except an electric motor truck or an electric
commercial automobile, fifty cents, or, in the case of an
electric motor truck or an electric commercial automobile so
used, twenty-five cents, and of every gasoline driven auto-
mobile so used, fifteen cents, for every hundred pounds of
the weight of such vehicle and of its maximum carrying
capacity, but in no event less than twenty dollars in the
case of a non-gasoline driven automobile so used or ten dol-
lars in the case of a gasoline driven automobile so used;
provided, that for the registration of every automobile of
the semi-passenger type of a carrying capacity not exceeding
one thousand pounds used for the transportation of tools,
utensils, goods, wares or merchandise, the fee shall be fifteen
dollars when non-gasoline driven and four dollars and fifty
cents when gasoline driven. (2) For the registration of
every semi-trailer unit used for the transportation of goods,
wares or merchandise, fifteen cents for every hundred
pounds of the weight of such semi-trailer unit and of its
maximum carrying capacity, but in no event less than
twelve dollars. (3) For the registration of each additional
semi-trailer used with the tractor of a semi-trailer unit so

Acts, 1935. — Chap. 410.

457

registered, ten dollars; provided, that, when in use, the
weight of the resulting semi-trailer unit and its maximum
carrying capacity does not exceed the weight and maximum
carrying capacity of the original semi-trailer unit for which
a registration fee as required by this section has been paid.

(4) For the registration of every heavy-duty platform
trailer, fifteen cents for every hundred pounds of the weight
of every such vehicle and its maximum carrying capacity.

(5) For the registration of every trailer of a carrying capac-
ity not exceeding one thousand pounds used for the trans-
portation of commodities in connection with commerce,
four dollars and fifty cents, and when not so used, one dol-
lar. (6) For the registration of every tractor not a part
of a semi-trailer unit, fifteen cents for every hundred
pounds of the weight of such tractor and its equipment.
The provisions of this paragraph shall not apply to any
vehicle the fee for the registration of which is provided for
in the second preceding paragraph. The aforesaid weight
shall mean the weight of such vehicle when fully equipped
for the road. The commissioner of public works may estab-
lish rules for determining the weight of such vehicle and its
maximum carrying capacity, and he may in his discretion
use the maker's weight with due allowance for extras.

Section 2. This act shall take effect on the first day of Effective date.
January, nineteen hundred and thirty-six.

Approved July 12, 1935.

C/iap. 410

An Act relative to the attachment of wages.
Be it enacted, etc., as follows:

Section 1. Chapter two hundred and forty-six of the g. l. (Ter.
General Laws is hereby amended by striking out section amenl^.' ^ ^^'
twenty-eight, as appearing in the Tercentenary Edition and
as temporarily affected by chapter seventy-four of the acts
of nineteen hundred and thirty-four, and inserting in place
thereof the following : — Section 28. If wages for personal wages exempt
labor or personal services of a defendant are attached for a ment.*"**''''
debt or claim, an amount not exceeding twenty dollars out
of the wages then due to the defendant for labor performed
or services rendered during each week for which such wages
were earned but not paid shall be reserved in the hands of
the trustee and shall be exempt from such attachment.
The amount so reserved shall be paid by the trustee to the
defendant in the same manner and at the same time as such
amount would have been paid if no such attachment had
been made. Every writ of attachment shall contain a
statement of the amount exempted from attachment under
this section and also a direction to the trustee to pay over
the exempted amount as hereinbefore provided.

Section 2. Chapter seventy-four of the acts of nineteen Repeal of
hundred and thirty-four is hereby repealed ; but such repeal temporary act.
shall not be deemed to invalidate any lawful attachment

458

Acts, 1935. — Chaps. 411, 412.

or reservation of wages under authority thereof prior to the
effective date of this act.
Effective date. SECTION 3. This act shall become effective November
first of the current year and section one thereof shall apply
only to attachments by trustee process made on or after
said effective date. Approved July IS, 19S5.

Chap.

G. L. (Ter.
Ed.), 25. §§ 11
and 12,
repealed.

Effective date.

411 An Act relative to the method of payment of salaries
OF members of the commission on public utilities

AND OF certain SALARIES AND EXPENSES INCURRED BY
THE DEPARTMENT OF PUBLIC UTILITIES IN THE PERFORM-
ANCE OF CERTAIN OF ITS FUNCTIONS.

Be it enacted, etc., as follows:

Section 1. Sections eleven and twelve of chapter
twenty-five of the General Laws, as appearing in the Ter-
centenary Edition, are hereby repealed.

Section 2. This act shall take effect on the first day of
December in the current year and shall not affect the assess-
ment and collection of items designated by any appropria-
tion act of said year for the purposes stated in said section
eleven. Approved July 12, 1935.

G. L. (Ter.
Ed.), 94, § 197,
amended.

Narcotic

drugs,

definition.

Chap. 412 An Act making uniform certain phases of the laws

RELATING TO THE SALE AND DISTRIBUTION OF NARCOTIC
DRUGS.

Be it enacted, etc., as follows:

Section 1. Section one hundred and ninety-seven of
chapter ninety-four of the General Laws, as appearing in
the Tercentenary Edition, is hereby amended by striking
out the paragraph contained in the tenth to the fifteenth
lines and inserting in place thereof the following: — "Nar-
cotic drug", coca leaves, cocaine, alpha or beta eucaine, or
any synthetic substitute for them or any salts, compound or
derivative thereof except decocainized coca leaves and prep-
arations thereof, opium, morphine, heroin, codeine, or any
preparation thereof or any salt, compound or derivative of
the same; and, subject to section two hundred and six, can-
nabis, including (a) the dried flowering or fruiting tops of
the pistillate plant cannabis sativa L., from which the resin
has not been extracted, (b) the resin extracted from such
tops, and (c) every compound, manufacture, salt, deriva-
tive, mixture, or preparation of such resin, or of such tops
from which the resin has not been extracted.

Section 2. Section one hundred and ninety-eight of
said chapter ninety-four, as so appearing, is hereby amended
by striking out, in the first and second lines, the words "one
hundred and ninety-nine and two hundred" and inserting
in place thereof the words: — one hundred and ninety-seven
to two hundred and six, inclusive, — and by striking out,

G. L. (Ter
Ed.), 94, "
amended.

S 198,

Acts, 1935. — Chap. 412. 459

in the third and fourth lines, the words "manufacturer or
jobber in drugs, wholesale druggist" and in the forty-ninth
and fiftieth lines the words "manufacturer or jobber of
drugs, or wholesale druggist" and inserting in place thereof,
in each instance, the words : — licensee under sections one
hundred and ninety-eight A and one hundred and ninety-
eight B, — so as to read as follows: — Section 198. Except Saie of,
as otherwise provided in sections one hundred and ninety- '^s^^*®*^-
seven to two hundred and six, inclusive, no person shall sell,
furnish, give or deliver any narcotic drug except upon the
written order of a licensee under sections one hundred and
ninety-eight A and one hundred and ninety-eight B,
registered pharmacist actively engaged in business as such,
physician, dentist or veterinarian registered under the laws
of the state where he resides, or an incorporated hospital,
college or scientific institution through its superintendent
or official in immediate charge, or upon the written prescrip-
tion of a physician, dentist or veterinarian registered as
above provided, such order bearing his legal signature, the
date of the signature, his office address, the registry number
given him under the act of congress approved December
seventeenth, nineteen hundred and fourteen, and the name,
age and address of the patient for whom it is prescribed.
The prescription, when filled, shall show the date of filling
and the legal signature of the person filling it, written across
the face of the prescription, and the prescription shall be
retained on file for at least two years by the druggist filling
it. No prescription shall be filled except in the manner
indicated therein and at the time when it is received, and
the full quantity of each substance prescribed shall be given.
No order or prescription shall be either received for filling
or filled more than five days after its date of issue as indi-
cated thereon. Each pharmacist who fills a prescription
for a narcotic drug shall securely attach to the container
thereof a label giving the name and address of the
store where the prescription is filled, the date of filling, the
name of the person for whom it is prescribed, the name of
the physician, dentist or veterinarian who issued it; and
the narcotic drug so delivered shall always be kept in its
container until used. No prescription shall be refilled, nor
shall a copy of the same be made except for the purpose of
record by the druggist filling the same, such record to be
open at all times to inspection by the officers of the depart-
ment of public health, the board of registration in phar-
macy, the board of registration in medicine, authorized
agents of said department and boards, and by the police
authorities and police officers of towns; provided, that sec-
tions one hundred and ninety-seven to two hundred and
thirteen, inclusive, shall not apply to prescriptions, nor to
the sale, distribution, giving, dispensing or possession of
preparations or remedies, if such prescriptions do not call
for, or such preparations and remedies do not contain, more
than two grains of opium or more than one quarter of a

460

Acts, 1935. — Chap. 412.

G. L. (Ter.
Ed.), 94, new
sections 198A
and 198B,
added.
License to
manufacture.

Licenses, how
issued.

grain of morphine, or more than one eighth of a grain of
heroin or more than one grain of codeine, in one fluid ounce,
or, if a solid or semi-solid preparation, in the avoirdupois
ounce; nor shall they apply to liniments, ointments or other
preparations which are prepared for external use only, ex-
cept liniments, ointments and other preparations containing
cocaine or alpha or beta eucaine; provided, that such prepa-
rations, remedies or prescriptions are sold, distributed,
given, dispensed or held in possession in good faith as medi-
cines and not for the purpose of evading any provision of
the last named sections, and provided that the possession
of any narcotic drug, except in the form of prescriptions and
preparations or remedies especially exempted in this sec-
tion, by any one not being a licensee under sections one
hundred and ninety-eight A and one hundred and ninety-
eight B, registered pharmacist actively engaged in business
as such, or a physician, dentist or veterinarian registered as
above provided, or superintendent or official in charge of an
incorporated hospital, college or scientific institution shall,
except as provided in section two hundred and five, be
presumptive evidence of an intent to violate sections one
hundred and ninety-eight to two hundred and ten, inclusive.
This section shall not apply to a person having in his pos-
session any of the above mentioned articles by virtue of a
legal prescription legally issued under any provision of sec-
tions one hundred and ninety-eight to two hundred and
ten, inclusive, and not obtained by any false representation
made to the physician, dentist or veterinarian issuing it,
or to the pharmacist who filled it; nor shall such sections
apply to decocainized coca leaves or preparations made
therefrom or to other preparations of coca leaves which
do not contain cocaine.

Section 3. Said chapter ninety-four is hereby further
amended by inserting after section one hundred and ninety-
eight, as amended by section two of this act, the two fol-
lowing new sections: — Section 198 A. No person shall
manufacture, compound, mix, cultivate, grow, or by any
other process produce or prepare narcotic drugs, and no
person as a wholesaler shall supply the same, without hav-
ing first obtained a license so to do from the department of
public health. This section shall not apply to retail phar-
macists registered under the provisions of chapter one
hundred and twelve.

Section 198B. The department of public health may
annually issue licenses as required by the preceding section,
but no such license shall be issued unless and until the appli-
cant therefor has furnished proof satisfactory to the depart-
ment of pubHc health: (a) that the apphcant is a citizen of
the United States and of good moral character or, if the
applicant is an association or corporation, that the manag-
ing officers thereof are of good moral character, and citizens
of the United States, and (6) that the applicant is equipped
as to land, buildings and paraphernalia properly to carry
on the business described in his application.

Acts, 1935. — Chap. 412.

461

G. L. (Ter.
Ed.), 94, § 201,
amended.

Sales to certain
persons and
institutions,
regvdated.

No license shall be granted to any person who has
within five years been convicted of a violation which said
department finds to have been wilful of any law of the
United States, or of any state, relating to opium, coca
leaves or other narcotic drugs, or to any person who is a
narcotic drug addict. Said department may suspend or
revoke any license for cause. Said department may make
rules and regulations adequately to carry into efi'ect the
duties herein imposed upon it. A fee of ten dollars shall
be charged for issuing each such license.

Section 4. Section two hundred and one of said chapter
ninety-four, as so appearing, is hereby amended by striking
out, in the first and second lines, the words "manufacturer
or jobber of drugs, wholesale druggist" and in the eleventh
line the words "manufacturer or jobber in drugs, wholesale
druggist" and inserting in place thereof, in each instance,
the words : — licensee under sections one hundred and
ninety-eight A and one hundred and ninety-eight B, — so
as to read as follows: — Section 201. Subject to section
two hundred and sixteen, any licensee under sections one
hundred and ninety-eight A and one hundred and ninety-
eight B, registered pharmacist actively engaged in business
as such, and any physician, dentist or veterinarian regis-
tered under the laws of the state where he resides may sell
a narcotic drug to any of the persons aforesaid or to any
incorporated hospital, college or scientific institution, but
such substances or preparations, excepting such prepara-
tions as are included within the exemptions set forth in
section one hundred and ninety-eight, shall be sold only
upon the written order of such hospital, college or institu-
tion, duly signed by its superintendent or official in imme-
diate charge, or upon a written order duly signed by any
licensee under sections one hundred and ninety-eight A and
one hundred and ninety-eight B, registered pharmacist
actively engaged in business as such, or physician, dentist
or veterinarian registered as above provided, and the order
shall state the articles ordered, the quantity ordered and
the date. Said orders shall be kept on file in the labora-
tory, warehouse, pharmacy or store in which they are filled,
by the proprietor thereof or his successor, for not less than
two years after delivery, and shall at all times be open to
inspection by the department of public health, the board of
registration in pharmacy, the board of registration in medi-
cine, authorized agents of said department and boards, and
by the police authorities and police officers of towns.

Section 5. Section two hundred and three of said
chapter ninety-four, as so appearing, is hereby amended by ^l^e^nde^j,* ^°^
inserting after the word "or" in the fifth line the second
time said word appears the words: — that he is licensed
under sections one hundred and ninety-eight A and one
hundred and ninety-eight B, or that he is a, — and by in-
serting after the word "is" in the sixth line the word: —
a, — so as to read as follows: — Section 203. Whoever, for False

' ' representationa

G. L. (Ter.

462

Acts, 1935. — Chap. 412.

deemed
violations.

G. L. (Ter.
Ed.). 94, § 206,
amended.

Cannabis.

G. L. (Ter.
Ed.), 94, J 211,
amended.

Illegal

poBsesjion

penalized.

the purpose of evading or assisting in the evasion of any
provision of sections one hundred and ninety-eight to two
hundred and ten, inclusive, falsely represents that he is a
physician, dentist or veterinarian, or that he is a manu-
facturer of or jobber in drugs or wholesale druggist or that
he is licensed under sections one hundred and ninety-eight
A and one hundred and ninety-eight B, or that he is a
pharmacist actively engaged in business as such, or that he
is a superintendent or official in immediate charge of an
incorporated hospital, college or scientific institution, or a
person registered under the act of congress mentioned in
the preceding section, or whoever, not being an authorized
physician, dentist or veterinarian, makes or alters a pre-
scription or written order for a narcotic drug, or knowingly
issues or utters a prescription or written order falsely made
or altered, or whoever makes any false representation or
statement as to his name, age, address or any other matter,
either in writing or orally, to any physician, dentist, phar-
macist or veterinarian for the purpose of procuring a pre-
scription for, or the delivery of, a narcotic drug, shall be
punished as provided in section two hundred and thirteen.
Each prescription or order which is altered, or is obtained by
a false representation, shall be void and of no effect.

Section 6. Section two hundred and six of said chapter
ninety-four, as so appearing, is hereby amended by striking
out, in the fifth line, the words "indica and cannabis
sativa", — by striking out, in the seventh and eighth lines,
the words "indica or more than one half grain of extract of
cannabis sativa", — and by striking out, in the tenth and
eleventh lines, the words "indica and cannabis sativa", —
so as to read as follows : — Section 206. The provisions of
sections one hundred and ninety-eight to two hundred and
thirteen, inclusive, except such as require the ordering of
narcotic drugs on an official order blank and the keeping of
the same on file, and the keeping of the record relative
thereto, shall apply to cannabis, except that such provisions
shall not apply to prescriptions, preparations .or remedies
which do not contain more than one half grain of extract of
cannabis in one fluid ounce, or, if a solid or semi-solid prep-
aration, in the avoirdupois ounce, nor to liniments, oint-
ments or other preparations containing cannabis which are
prepared for external use only.

Section 7. Section two hundred and eleven of said
chapter ninety-four, as so appearing, is hereby amended by
striking out, in the first and second lines, the words "manu-
facturer or jobber of drugs, wholesale druggist" and insert-
ing in place thereof the words: — licensee under sections
one hundred and ninety-eight A and one hundred and
ninety-eight B, — so as to read as follows: — Section 211.
Whoever, not being a licensee under sections one hundred
and ninety-eight A and one hundred and ninety-eight B,
registered pharmacist, registered physician, registered vet-
erinarian, registered dentist, nurse acting under the direc-

Acts, 1935. — Chap. 412.

463

tion of a physician, or employee of an incorporated hospital
acting under the direction of its superintendent or official
in immediate charge, or a common carrier or messenger
when transporting any narcotic drug between persons men-
tioned in this section in the same package in which the drug
was delivered to him for transportation, is found in posses-
sion thereof except by reason of a physician's prescription
lawfully and properly issued shall be punished by a fine of
not more than one thousand dollars or by imprisonment
for not more than two and one half years in the house of
correction.

Section 8. Section two hundred and fourteen of said g. l. (Ter.
chapter ninety-four, as so appearing, is hereby amended by amended.^ ^^*'
striking out, in the fourth line, the words "indica, cannabis
sativa", — by striking out, in the tenth and eleventh lines,
the words "manufacturer or jobber of drugs, wholesale drug-
gist" and inserting in place thereof the words: — licensee
under sections one hundred and ninety-eight A and one
hundred and ninety-eight B, — by striking out, in the
twenty-sixth line, the word "fifty" and inserting in place
thereof the words: — one thousand, — and by striking out,
in the twenty-seventh line, the words "three months" and
inserting in place thereof the words : — one year, or both,
— so as to read as follows: — Section 214- If a person issue of search
makes complaint under oath to a district court, or to a pg^^^^^f^^
trial justice or justice of the peace authorized to issue war- being present,
rants in criminal cases, that he has reason to believe that ^*'''
opium, morphine, heroin, codeine, cannabis, peyote or any
other hypnotic drug, or any salt, compound or preparation
of said substances, or any cocaine, alpha or beta eucaine,
or any synthetic substitute for them, or any preparation
containing the same, or any salts or compounds thereof, is
kept or deposited by a person named therein in a store,
shop, warehouse, building, vehicle, steamboat, vessel or any
place whatever, such person being other than a licensee
under sections one hundred and ninety-eight A and one
hundred and ninety-eight B, registered pharmacist, regis-
tered physician, registered veterinarian, registered dentist,
registered nurse, employee of an incorporated hospital, or a
common carrier or messenger when transporting any drug
mentioned herein between parties hereinbefore mentioned,
such court or justice, if it appears that there is probable
cause to believe that said complaint is true, shall issue a
search warrant to a sheriff, deputy sheriff, city marshal,
chief of police, deputy marshal, police officer or constable,
commanding him to search the premises where it is alleged
that any of the above mentioned drugs is kept or deposited,
and to seize and securely keep the same until final action,
and to arrest the person in whose possession such drug is
found, together with all persons present where such drug
is found, and to return forthwith the warrant with his
doings thereon, to a court or trial justice having jurisdiction
in the town where said drug is alleged to be kept or de-

464

Acts, 1935. — Chap. 412.

G. L. (Ter.
Ed), 94. § 215,
amended.

Articles seized
to be forfeited

posited. Whoever is so present where any of the aforesaid
drugs is found shall be punished by a fine of not more than
one thousand dollars or by imprisonment in the house of
correction for one year, or both.

Section 9. Section two hundred and fifteen of said
chapter ninety-four, as so appearing, is hereby amended
by inserting after the word "commonwealth" in the eleventh
line the following: — Said department may deliver such
drugs to any public hospital within the commonwealth,
not operated for private gain, or may deliver such drugs to
the United States commissioner of narcotics or to the
United States attorney, in its discretion. Said depart-
ment shall keep a full and complete record of all such
drugs received and disposed of, — so as to read as follows:
— Section 215. If after such notice as the court or trial
justice orders it appears that any drug seized under the
preceding section was, at the time of the making of the
complaint, unlawfully in the possession of the person alleged
therein, the court or trial justice shall order that such
article or drug so seized be forfeited to the commonwealth
and shall order such article or drug sent to the department
of public health. Possession of such drug shall be prima
facie evidence that such possession was in violation of law.
Said department may destroy such article or drug or cause
it to be destroyed or to be disposed of in any way not
prohibited by law, and, after paying the cost of the trans-
portation and disposition of the same, it shall pay over
the net proceeds to the commonwealth. Said department
may deliver such drugs to any public hospital within the
commonwealth, not operated for private gain, or may
deliver such drugs to the United States commissioner of
narcotics or to the United States attorney, in its discretion.
Said department shall keep a full and complete record of all
such drugs received and disposed of. Section eight of
chapter two hundred and seventy-six shall apply to all
judgments rendered and orders made under this and the
preceding section.

Section 10. Section two hundred and seventeen of said
amended.^ ^^'^' chaptcr nincty-four, as so appearing, is hereby amended
by inserting after the word "health" in the first line the
words : — , the department of public safety, the board of
registration in pharmacy, all police officers and all district
attorneys, — by striking out, in the third line, the words
"ninety-eight, one hundred and ninety-nine and two hun-
dred and one" and inserting in place thereof the words: —
ninety-seven to two hundred and thirteen, inclusive, and
whenever there appears to be a violation of said sections
all such officers, officials or departments shall co-operate
with all agencies charged with the enforcement of the laws
of the United States pertaining to narcotic drugs, — and
by striking out, in the tenth line, the words "said depart-
ment" and inserting in place thereof the words:— ^ the
department of public health, — so as to read as follows: —

G. L. (Ter.

Acts, 1935. — Chap. 413.

465

Section 217. The department of public health, the depart- Prosecutions
ment of public safety, the board of registration in phar- ^^oiatioM
macy, all police officers and all district attorneys shall cause regulated.
the prosecution of all persons violating any provision of
sections one hundred and ninety-seven to two hundred and
thirteen, inclusive, and whenever there appears to be a
violation of said sections all such officers, officials or depart-
ments shall co-operate with all agencies charged with the
enforcement of the laws of the United States pertaining to
narcotic drugs, but no prosecution shall be brought for
the sale at retail or for the gift or exchange of any patent
or proprietary medicine or food preparation containing any
drug or preparation the sale of which is prohibited by sec-
tions one hundred and ninety-eight and two hundred and
one, or against any wholesale or retail druggist for the sale,
gift or exchange of any patent or proprietary preparation
containing cocaine or alpha or beta eucaine, or any syn-
thetic substitute for them unless the department of public
health, prior to such sale, gift or exchange, has given public
notice in some trade journal that the gift, exchange or sale
at retail of such medicine or food preparation, or the gift,
sale or exchange of such patent or proprietary preparation,
as the case may be, naming it in each instance, would be
contrary to law. Approved July 12, 1935.

An Act providing for the control of the flood waters Qjiajj.^XZ

OF THE HOUSATONIC RIVER IN THE CITY OF PITTSFIELD.

Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, therefore it is hereby declared to be p''^*™^®-
an emergency law, necessary for the immediate preserva-
tion of the public safety and convenience.

Be it enacted, etc., as follows:

Section 1, The department of public works is hereby
authorized and directed to provide for the control of the
flood waters of the Housatonic river in the city of Pittsfield
for the purpose of safeguarding and protecting the lives
and property of the people of said city against perils from
floods and erosion of the banks of said river, and for said
purpose the department may exercise all the powers con-
ferred upon it by chapter ninety-one of the General Laws
relative to the improvement of rivers and harbors. No
work shall be begun hereunder until the city of Pittsfield
has assumed liability, in the manner provided by section
twenty-nine of said chapter ninety-one, for all damages that
may be incurred hereunder, nor until there has been paid
into the treasury of the commonwealth by the county of
Berkshire the sum of twenty-five hundred dollars, and by
said city of Pittsfield the sum of ten thousand dollars, which,
together with such sum, not exceeding twelve thousand
five hundred dollars, as may hereafter be appropriated by
the commonwealth, shall constitute a fund for the improve-

466

Acts, 1935. — Chap. 414.

ments herein authorized; provided, that the total cost of
such improvements shall not exceed twenty-five thousand
dollars.

Section 2. For the purpose of meeting the payment
required to be made by the county of Berkshire under this
act, the treasurer of said county, with the approval of the
county commissioners, may borrow the sum of twenty-five
hundred dollars for the term of one year and may issue
notes of the county therefor.

For the purpose of meeting the payment required to be
made by the city of Pittsfield under this act, said city may
borrow a sum not exceeding ten thousand dollars, and
may issue bonds or notes therefor, payable in not more than
two years from the dates thereof. Indebtedness incurred
by said city under this act shall be within the statutory
limit and shall, except as herein provided, be subject to
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

The said county and city may sell the said securities at
pubhc or private sale, but not for less than their par value.

Approved July 15, 1935.

Chap. 414 An Act relative to interest upon tax titles and to re-
demption THEREFROM BY INSTALMENT PAYMENTS.

Emergency
preamble.

G. L. (Ter.
Ed.), 60. §50,
etc., amended.

Deed to city
or town.
Contents,
custody, pro-
ceedings for
foreclosure.

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 preserva-
tion of the public convenience.

Be it enacted, etc., as follows:

Section 1. Section fifty of chapter sixty of the General
Laws, as most recently amended by section six of chapter
three hundred and twenty-five of the acts of nineteen hun-
dred and thirty-three, is hereby amended by inserting after
the word "charges" in the eighteenth fine the words: —
thereon, including interest accrued up to the date of such
certification, — so as to read as follows : — Section 50. If
the town becomes the purchaser, the deed to it, in addi-
tion to the statements required by section forty-five, shall
set forth the fact that no sufficient bid was made at the
sale or that the purchaser failed to pay the amount bid, as
the case may be, and shall confer upon such town the rights
and duties of an individual purchaser. Every such deed
and every instrument of taking described in section fifty-
four shall be in the custody of the town treasurer, and there
shall be set up on the books of the town, whether kept by
the treasurer or otherwise, a separate account of each parcel
of land covered by any such deed or instrument, to which
shall be charged the amount stated in the deed or instru-
ment, the cost of recording the same, and, upon certifica-
tion in accordance with section sixty-one, all uncollected

Acts, 1935. — Chap. 414.

467

taxes assessed to such parcel for any year subsequent to
that for the taxes for which such parcel was purchased or
taken, with all legal costs and charges thereon, including
interest accrued up to the date of such certification, until
redemption or foreclosure. The town treasurer shall in-
stitute proceedings for foreclosure as soon as such proceed-
ings are authorized by sections sixty-two and sixty-five.
The commissioner may at his discretion institute proceed-
ings in the name of the treasurer in the event that such
proceedings are not instituted by the treasurer. Any ex-
pense incurred by the commissioner hereunder shall be
assessed against the city or town and collected in the same
manner as expenses for auditing municipal accounts under
the provisions of section forty-one of chapter forty-four.

Section 2. Section sixty-two of chapter sixty of the g. l. (Ter.
General Laws, as most recently amended by chapter two hun- ^tl! amended.
dred and seventy-eight of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out the
first paragraph and inserting in place thereof the following: —

Any person having an interest in land taken or sold for Redemption
non-payment of taxes, including those assessed under oriow/or''^'*
sections twelve, thirteen and fourteen of chapter fifty-nine, taxes.
or his heirs or assigns, at any time prior to the filing of a
petition for foreclosure under section sixty-five, if the land
has been taken or purchased by the town, may redeem the
same by paying or tendering to the treasurer the amount of
the tax title account of the land being redeemed, and interest
at six and one half per cent upon the original sum for which
the land was taken or sold, from the date of sale, and upon
each sum certified in accordance with section sixty-one,
from the date of certification, together with all charges
lawfully added to the tax title account of such land subse-
quent to such taking or sale, or may redeem the same by
paying or tendering to said treasurer instalments on ac-
count of the tax title account, each of which, except the
last, shall be in amount not less than twenty-five per cent
of the sum for which the land was originally sold, together
with the full amount of interest, as aforesaid, to the date of
payment of the amount of the tax title account or balance
thereof remaining due at the time of such payment, and
all charges lawfully added as aforesaid, until the full amount
of the tax title account, with interest as aforesaid and all
such charges, is paid. Each such instalment shall be re-
ceived, receipted for, and applied toward the redemption
of the land so taken or purchased. The treasurer, upon
accepting any payment hereunder, may extend the time
during which proceedings for the foreclosure of all rights
of redemption may not be instituted, for a period not ex-
ceeding one year beyond the time provided by section
sixty-five; but not more than one such extension shall be
granted. An extension granted hereunder shall be entered
upon the tax title account, and a written statement thereof
shall be given to the person who made the payment.

468

Acts, 1935. — Chap. 415.

G. L. (Ter.
Ed.), 60, }68,
etc., amended.

Answer, offer
to redeem,
finding of
court for
redemption.

Application
of act.

Section 3. Section sixty-eight of said chapter sixty,
as most recently amended by section one of chapter three
hundred and fifty-four of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out, in
the fifth hne, as appearing in section three of chapter two
hundred and twenty-four of the acts of nineteen hundred
and thirty-five, the word "premises" and inserting in place
thereof the word: — land, — and by striking out, in the
eleventh line, as so appearing, the word "eight" and insert-
ing in place thereof the words : — six and one half, — so as
to read as follows: — Section 68. Any person claiming an
interest, on or before the return day or within such further
time as may on motion be allowed by the court, shall, if
he desires to redeem, file an answer setting forth his right
in the land, and an offer to redeem upon such terms as may
be fixed by the court. Thereupon the court shall hear the
parties, and may in any case in its discretion make a finding
allowing the party to redeem, within a time fixed by the
court, upon payment to the petitioner of an amount suffi-
cient to cover the original sum, costs, interest at the rate of
six and one half per cent per annum, and all subsequent
taxes, costs and interest to which the petitioner may be
entitled under section sixty-one or sixty-two, together with
the costs of the proceeding and such counsel fee as the court
deems reasonable. The court may impose such other terms
as justice and the circumstances warrant.

Section 4. In so far as this act relates to procedure
merely, it shall apply to all land and taxes thereon, whether
the property was purchased or taken for taxes before or
after its effective date; but the interest rate provided by
this act shall apply only in case of land purchased or taken
subsequently to said date. Approved July 16, 1936.

Emergency
preamble.

Chap. 415 An Act providing for the acquisition by the common-
wealth OF ADDITIONAL PROPERTY FOR THE SALISBURY
BEACH RESERVATION AND RELATIVE TO THE MAINTENANCE
OF SAID RESERVATION.

Section 1. Subject to the conditions herein imposed,
the commissioner of conservation, on behalf of the common-

Acts, 1935. — Chap. 415. 469

wealth, may take by eminent domain under chapter eighty
A of the General Laws but not otherwise, or may acquire
by purchase or gift, and thereafter maintain as a part of
the Salisbury Beach state reservation, in addition to the
property acquired for said purpose under authority of
chapter four hundred and forty-two of the acts of nineteen
hundred and thirty-one, as amended, or under other author-
ity of law, the whole or any portion of the property in the
town of Salisbury included in blocks thirteen to forty-six,
inclusive, shown on a plan entitled "Plan of Salisbury
Beach and Adjacent Marshes", dated March eleventh,
nineteen hundred and seventeen, and on file in the office of
said commissioner. The aggregate amount of compensa-
tion and damages to be paid for the acquisition of property
hereunder shall not exceed two hundred and fifty thousand
dollars, and if it appears that the aggregate amount neces-
sary for purchases hereunder and for such compensation
and damages exceeds two hundred and fifty thousand dol-
lars, no such purchases shall be consummated and the de-
partment shall forthwith and before final judgment of
condemnation in any such proceedings abandon the pro-
posed acquisition and discontinue the proceedings as
provided in section eleven of said chapter eighty A.

Section 2. If it appears that the said property can be
acquired as hereinbefore provided at a total cost of less than
two hundred and fifty thousand dollars, the remaining
balance may be expended for the acquisition by said com-
missioner for the purpose aforesaid, in the same manner
and subject to the same conditions provided in the preceding
section, of the whole or any part of the property in said
town of Salisbury, not already owned by the commonwealth
or authorized to be acquired by the preceding section, within
the area bounded and described as follows: — Beginning
in the west boundary of land of the commonwealth along
Salisbury beach and in the north line of Murray street, so
called; thence in a north line of Murray street extended
westerly to the west line of Cable avenue, so called ; thence
northerly by Cable avenue to land of the commonwealth;
thence westerly and continuing by land of the common-
wealth as surveyed and defined by bounds to the northwest
corner of land formerly of one Pike; thence southerly by a
line passing about two hundred and fifty feet west of the
most westerly point of Black Rock creek a distance of about
two thousand feet; thence southwesterly by a line passing
about eleven hundred and thirty feet north of the most
northerly point of said creek about thirteen hundred feet;
thence southwesterly by a line passing about seven hundred
and twenty feet west of the most westerly point of said
creek about forty-three hundred feet to the extreme lower
water line of the Merrimack river; thence by said extreme
low water line of said river easterly to the Jetty, so called;
thence northerly by land of the commonwealth along Salis-
bury beach to the point of beginning, excluding from said

470

Acts, 1935. — Chap. 416.

tract all property of the United States government and
rights and interests pertaining to said property.

Section 3. The proportion in which each city and town
of the commonwealth, exclusive of those comprising the
metropolitan parks district, but including Cohasset, shall
annually pay into the treasury of the commonwealth to
meet the cost of maintenance of the Salisbury Beach reser-
vation, shall be determined and assessed in the manner
provided by sections four to six, inclusive, of chapter one
hundred and thirty-two A of the General Laws. All sums
of money collected or received by the commissioner of
conservation or the division of parks of the department of
conservation in the exercise of his or its functions in rela-
tion to said reservation, including sums received in the
exercise of said functions for rentals, sales or use of property
in connection with said reservation, shall, unless otherwise
provided, be accounted for and paid to the state treasurer,
who shall receive the same and hold and invest the same as
a separate account. Said account shall be used as a credit
to the cities and towns of the commonwealth, exclusive of
those comprising the metropolitan parks district, but in-
cluding Cohasset, toward the payment of assessments made
thereon under authority of law to meet the cost of mainte-
nance of said reservation.

Section 4. To meet the expenditures necessary in
carrying out the provisions of this act, the state treasurer
shall from time to time, upon request of the commissioner
of conservation and subject to the approval of the governor
and council, issue bonds in the name of the commonwealth
to an amount not exceeding two hundred and fifty thou-
sand dollars. Such bonds shall be issued as coupon or
registered bonds, shall be for a term of ten years, and shall
bear interest at such rate as shall be fixed by the state
treasurer, with the approval of the governor and council.
The amount required to meet interest and serial payment
requirements on said bonds shall be assessed upon the cities
and towns of the commonwealth, exclusive of those com-
prising the metropolitan parks district, but including
Cohasset, in the manner provided by said sections four to
six, inclusive, of said chapter one hundred and thirty-
two A. Approved July 15, 1935.

Chap. 416 An Act relative to the appointment of certain em-
ployees IN THE DEPARTMENT OF THE STATE SECRETARY.

Be it enacted, etc., as follows:

Chapter nine of the General Laws is hereby amended
by striking out section two, as appearing in the Tercenten-
ary Edition thereof, and inserting in place thereof the
following: — Section 2. He may appoint a first deputy, a
second deputy, a cashier for whose conduct he shall be re-
sponsible and from whom he may require a bond, and a

G. L. (Ter.
Ed.). 9. § 2.
amended.

State secre-
tary, appoint-
ment of
deputies, etc.,
by.

Acts, 1935. — Chap. 417. 471

chief of the archives division. He may also appoint clerks,
messengers and other assistants necessary for the prompt
despatch of public business. He may also employ such
clerical assistance as he may deem necessary to carry out
the laws relative to primaries and elections, and such em-
ployment and the appointment of such deputies, cashier
and chief of the archives division shall not be subject to
chapter thirty-one. Approved July 15, 1935.

An Act authorizing the county commissioners of QJiaj) 417

MIDDLESEX COUNTY TO MAKE ALTERATIONS AND ADDITIONS
TO THE MIDDLESEX COUNTY TUBERCULOSIS HOSPITAL.

Be it enacted, etc., as follows:

Section 1. The Middlesex county commissioners are
hereby authorized to raise and expend a sum not exceeding
seven hundred and twenty-five thousand dollars, subject to
the provisions of sections seventy-eight to ninety, inclu-
sive, of chapter one hundred and eleven of the General
Laws, for the purpose of making alterations and construct-
ing additions in and to the Middlesex county tuberculosis
hospital, in Waltham and Lexington.

Section 2. The provisions of chapter three hundred
and sixty-six of the acts of nineteen hundred and thirty-
three and acts in amendment thereof and in addition
thereto, whereby cities and towns, and fire, water, light and
improvement districts may secure the benefits provided
by the National Industrial Recovery Act, and acts in
amendment thereof and in addition thereto or by any other
act of Congress, are hereby extended and made applicable
to the county of Middlesex for the purposes of the work
contemplated by this act, and the county commissioners
of said county shall, with the consent of the governor, take
any and all steps necessary from time to time to enable the
county of Middlesex to secure for said purposes any benefits
to which said county may be entitled under said National
Industrial Recovery Act and acts in amendment thereof
and in addition thereto or any other act of Congress.

Section 3. In fixing the amount to be assessed under
section eighty-three of chapter one hundred and eleven of
the General Laws on the cities and towns included in the
Middlesex county tuberculosis hospital district, following
the completion of the work provided for by this act, the
county commissioners of said county shall first deduct any
sum which the federal government shall then have obligated
itself to give as a grant toward said work under said Na-
tional Industrial Recovery Act and acts in amendment
thereof and in addition thereto or other act of Congress,
and shall also deduct any other sums which shall have then
been actually received from any municipality or municipali-
ties as a contribution on account of becoming a part of said
district. Any municipality which has made such contribu-

472 Acts, 1935. — Chap. 417.

tion shall not thereby be exempted from such assessment.
Sums received from the federal government and from muni-
cipalities as aforesaid may be applied toward payment either
of the expenditures authorized by section one of this act or
of the principal of the bonds or notes authorized by sec-
tion four or section six hereof.

Section 4. For the purpose of funding such part of the
temporary loans issued for the alteration of the Middlesex
county tuberculosis hospital and the construction and
equipment of additions thereto as shall not have been paid
from federal grants or from the contributions of municipali-
ties mentioned in section three or from the proceeds of
assessments to be made therefor against the municipalities
of the Middlesex county tuberculosis hospital district, in-
cluding interest on renewal notes on account of such loans
and on temporary funding notes issued as hereinafter
authorized and all expenses incurred in connection with
preparing, issuing and marketing such renewal and tem-
porary notes, the county commissioners of Middlesex county
may borrow on the credit of the county such sum as may
be necessary, and the county treasurer thereof, on request
of said county commissioners, shall issue bonds or notes of
the county therefor, which shall bear on their face the words
Middlesex County Tuberculosis Hospital Addition Fund-
ing Loan, Act of 1935. Said bonds or notes shall be
issued as a single loan and shall be payable by such annual
payments beginning not more than one year from the date
of such loan as will extinguish the same in not more than
fifteen years from said date and so that the amount of such
annual payment in any year shall not be less than the
amount of the principal of the loan payable in any subse-
quent year. The maturities of such bonds or notes shall be
so arranged that assessments for the payment of the princi-
pal thereof against each municipahty hable thereto shall be
payable by it as hereinafter provided. The county may
sell said securities at public or private sale, upon such terms
and conditions as the county commissioners may deem
proper, but not for less than their par value. The aggre-
gate amount necessary to make full payment of the princi-
pal of said bonds or notes shall be apportioned among the
municipalities which file elections under section five in
proportion to their then unpaid outstanding assessments
on account of the expenditures authorized by section one
of this act or so much thereof as they elect to have funded
hereby, and the amount so apportioned to each such munici-
pality shall be payable by it over the term of such loan or
such lesser period as may have been specified by it under
said section five, by annual assessments equal in amount as
nearly as may be, having due regard for the proper fixing
of the denominations of the securities evidencing said loan
and for other factors. Amounts necessary to meet pay-
ments on account of interest on such bonds or notes shall
be so apportioned among such municipalities that each will

Acts, 1935. — Chap. 417. 473

pay an amount equal to the interest on the amount of
principal so apportioned to it which is outstanding during
the year immediately preceding each payment of principal.
All sums necessary during any year to meet interest pay-
ments on said bonds or notes and payments on account of
the principal thereof as the same mature shall be assessed
in January of that year with the assessments for mainte-
nance made in accordance with section eighty-five of
chapter one hundred and eleven of the General Laws and
shall be collected in the same manner as therein provided.

The said county commissioners may from time to time
borrow on the credit of the county to meet interest pay-
ments on the bonds or notes hereinbefore authorized and
payments on account of the principal thereof, pending the
receipt of assessments therefor, and said county treasurer,
on the request of said county commissioners, shall issue
temporary notes of the county therefor.

Any sums necessary to meet expenses incurred in con-
nection with preparing, issuing and marketing such bonds
or notes and temporary notes shall be apportioned among
such municipalities in the same proportion as their aggre-
gate payments of principal aforesaid and shall be included
in the assessments authorized hereby.

Section 5. A municipality of the said hospital district
shall be entitled to participate in the benefits provided by
section four only if it files with said county commissioners,
not later than April fifteenth, nineteen hundred and thirty-
seven, an election that all or any specified portion of its
then outstanding assessments on account of the expendi-
tures authorized by section one of this act shall be funded
as herein authorized, executed, in case of a city, in accord-
ance with a vote of its city council approved by the mayor
thereof, or, in case of a town, in accordance with a vote of
its town meeting, and any such municipality may specify
in such election a lesser period than the maximum term pro-
vided for the funding loan authorized hereby, for the pay-
ment by it of assessments on account of such loan.

Section 6. The county treasurer, with the approval
of the county commissioners, may issue temporary 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, and may renew the same; 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 or from grants or contribu-
tions received under section three, or from all such sources.

Section 7. Nothing in this act shall be construed to
limit the present powers of the county commissioners
under section eighty-two of chapter one hundred and eleven
of the General Laws.

Section 8. This act shall take effect upon its acceptance

474

Acts, 1935. — Chap. 418.

during the current year by the county commissioners of
Middlesex county, but only on the condition that the federal
government shall have obligated itself during said year to
make a grant therefor as contemplated by section two of
this act. Approved July 15, 1935.

Chap. 418 An Act establishing a uniform aeronautical code.
Be it enacted, etc., as follows:

G. L. (Ter.
Ed.), 16, § 6,
amended.

Rules and
regulations.

G. L. (Ter.
Ed.), 90, §§35
to 60, inc.,
etc., amended.

Aircraft,
definitions.

Section 1. Section six of chapter sixteen of the General
Laws, as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the second line, the word "fifty-
eight" and inserting in place thereof the word: — forty-one,
— so as to read as follows: — Section 6. Except as other-
wise provided by sections thirty-one and forty-one of chap-
ter ninety and section sixty of chapter one hundred and
forty, all rules and regulations within the jurisdiction of
the department shall be drafted by the commissioner and
associate commissioners and shall take effect when approved
by them, and at such time as they shall designate. Said
commissioner and associate commissioners shall also have
power to make all needful rules and regulations for carry-
ing out the provisions of law relating to the department.

Section 2. Chapter ninety of the General Laws is
hereby amended by striking out sections thirty-five to
sixty, inclusive, as amended, and inserting in the place
thereof the following : — Section 35. The following words
and phrases used in sections thirty-five to fifty, inclusive,
shall have the following meanings, unless a different mean-
ing is clearly apparent from the language or context, or
unless such construction is inconsistent mth the manifest
intention of the legislature : —

"Aeronautics", the act or practice of the art and science
of transportation by aircraft, and operation, construction,
repair or maintenance of aircraft, airports, landing fields,
landing strips, air navigation facilities or air instruction.

"Aircraft", any contrivance now known or hereafter in-
vented, used, or designed for navigation of, or flight in the
air, except a parachute or other contrivance designed for
such navigation and used primarily as safety equipment.

"Air instruction", the imparting of aeronautical informa-
tion in any air school, flying club, or by an aviation in-
structor.

"Airman", any individual including the one in command,
and any pilot including a student, mechanic, or member of
the crew, who engages in the navigation of aircraft while
under way, or any individual who is in charge of the in-
specting, overhauling or repair of aircraft or aircraft
engines, or any parachute rigger and repairman.

"Airport", any area, either land or water, which is used
or which is made available for the landing and take-off of
aircraft, and which provides facilities for the shelter, supply

Acts, 1935. — Chap. 418. 475

and repair of aircraft, and which meets the minimum re-
quirements as to size, design, surface, marking, equipment,
and management as may from time to time be provided by
the registrar.

"Air school", any person engaged in giving instruction,
or offering to give instruction in aeronautics, either in
flying or ground subjects, or both, for or without hire or
reward, and advertising, representing, or holding himself
out as giving or offering to give such instruction.

"Civil aircraft", any aircraft other than a public aircraft.

"Glider", a motorless heavier than air aircraft.

"Landing field", any area, either of land or water, which
is used or which is made available for the landing and take-
off of aircraft, which may or which may not provide facili-
ties for the shelter, supply and repair of aircraft, and which
meets the minimum requirements as to size, design, sur-
face, marking, equipment and management as may from
time to time be provided by the registrar.

"Landing strip", an area, either of land or water, which is
available for the landing and take-off of aircraft, having
not less than two hundred feet of usable width and not
less than eight hundred feet of usable length.

"Navigable air space", air space above the minimum safe
altitudes of flight prescribed by regulation by the registrar.
Such navigable air space is subject to a public right of air
navigation in conformity with the provisions of this chapter
and with the regulations and air traffic rules issued by the
registrar.

"Person", any individual, association, copartnership,
firm, company, corporation, or other association of in-
dividuals.

"Public aircraft", an aircraft used exclusively in the
governmental service, including military and naval air-
craft, or of any state or territory thereof.

Section 86. The public safety requiring, and the advan- -No person
tages of uniform regulation making it desirable in the ai'rpfa^e unless
interest of aeronautical progress, that a person engaging ^?iJJ^a' iJ^g^ge
within this commonwealth in navigating or operating air-
craft in any form of navigation should have the qualifica-
tions necessary for operating and holding a pilot's license,
issued by the department of commerce of the United States
or other proper licensing authority, it shall be unlawful for
any person to operate or navigate any aircraft in this com-
monwealth unless such person is the holder of an appro-
priate effective pilot's license or permit, issued by the said
department or authority; provided, that this restriction
shall not apply to those persons operating mifitary aircraft
of the United States or possessions thereof, public aircraft
of any state or territory, or any aircraft licensed by a foreign
country with which the United States has a reciprocal
agreement covering the operation of such licensed aircraft,
nor to glider pilots who are licensed by the registrar in
accordance with such regulations as he may prescribe.

476

Acts, 1935. — Chap. 418.

Aircraft to
be licensed
by federal
authorities.

Resident
owner to
register

federal licenses.
Certificate of
approval.

Registrar to
be attorney
upon whom
service of
process may
be made.

Section 37. The public safety requiring, and the ad-
vantages of uniform regulation making it desirable in the
interest of aeronautical progress, that aircraft operated
within this commonwealth should conform with respect to
design, construction and air-worthiness to the standards
prescribed by the United States government with respect
to navigation of civil aircraft subject to its jurisdiction, it
shall be unlawful to operate or navigate any aircraft within
the commonwealth, unless such aircraft has an appro-
priate effective license, issued by the department of com-
merce of the United States or other proper licensing au-
thority and is registered by said department or other
authority; provided, that this restriction shall not apply
to mihtary aircraft of the United States or possessions
thereof, public aircraft of any state or territory, aircraft
licensed by a foreign country with which the United States
has a reciprocal agreement covering the operation of such
licensed aircraft nor to gliders which are licensed by the
registrar in accordance with such regulations as he may
prescribe; and, provided further, that the registrar may at
his discretion waive the provisions of this section in the
interest solely for inspection or test purposes, of a non-
passenger carrying flight.

Section 38. All resident airmen and owners and/or
operators of all aircraft shall register the federal licenses of
said airmen and of said aircraft in such manner as the regis-
trar may by regulation prescribe, and the registrar is hereby
authorized to issue a certificate of approval in each case.
Non-resident airmen and owners and/or operators of air-
craft may operate within the commonwealth without such
registration for ten days in any calendar year. No aircraft
carrying mail, passengers or express for hire, except in the
case of an emergency, shall land upon or take off from any
area in the commonwealth, other than an airport, landing
field or landing strip. No license, rule, order or regulation
promulgated under the authority of sections thirty-five
to fifty, inclusive, shall apply to airports, landing fields,
air beacons or other air navigation facilities owned or
operated by the government of the United States or by this
commonwealth.

Section 39. The operation by any person, by himself or
his agent, of any aircraft, whether registered or unregistered,
and with or without a Hcense to operate, within this com-
monwealth, shall be deemed equivalent to an appointment
by such person of the registrar, or his successor in office, to
be his true and lawful attorney upon whom may be served
all lawful processes in any action or proceeding against him
growing out of any accident or collision in which he may be
involved while operating aircraft within the commonwealth,
and such operation shall be a signification of agreement by
such person that any lawful process against him which is
served upon the registrar, or his successor in office, as' such
attorney shall be of the same legal force and validity as if

Acts, 1935. — Chap. 418.

477

served on him personally, and that the registrar, and his
successor in office, shall continue to be his said attorney so
long as any liability on account of such an accident or
collision remains outstanding against him. Sections three
A to three E, inclusive, shall apply to such service.

Section 1^0. The certificate of the Ucense required for
pilots shall be kept in the personal possession of the licensee
when he is operating aircraft within this commonwealth
and must be presented for inspection upon the demand of
any passenger, or any peace officer of this commonwealth,
any authorized official or employee of the registry of motor
vehicles or any official, manager, or person in charge of any
airport in this commonwealth upon which such licensee
shall land. The aircraft license shall be carried in the air-
craft at all times and shall be conspicuously posted therein
where it may be readily seen by passengers or by the per-
sons hereinbefore authorized to inspect the same; and said
license shall be presented for inspection upon the demand of
any passenger, or any peace officer of this commonwealth,
or authorized official or employee of the registry of motor
vehicles, or any official, manager or person in charge of any
airport in this commonwealth upon which it shall land.

Section 4-i- The registrar is hereby empowered to pre-
scribe and enforce such rules and regulations as he may
deem necessary and advisable for the public safety and for
the promotion of aeronautics governing the location, de-
signing, laying out, building, equipping, operation, use and
management of all airports, landing fields, landing strips,
air instruction, air markings, air beacons or other air naviga-
tion facihties within the commonwealth. The registrar is
further empowered to prescribe and enforce such rules and
regulations as he may deem necessary and advisable for the
public safety and for the safety of aircraft and airmen;
provided, that no rule or regulation prescribed by the regis-
trar under this section shall be inconsistent with the then
current federal legislation governing aeronautics and the
regulations duly promulgated thereunder, and provided,
further, that all rules and regulations prescribed by the
registrar under the authority of this section shall be subject
to approval and shall take efi"ect in the manner prescribed
by section six of chapter sixteen.

Section 1^2. Airports, landing fields and landing strips
for aircraft may be estabfished from time to time and may
be maintained by the department, or by other pubHc officials
in charge of any land owned or controlled by the common-
wealth or by any city, town or district thereof. Such land-
ing places shall, in respect to design, laying out, location,
building, equipping, operation, use and management be
governed by the rules and regulations promulgated by the
registrar under the provisions of section forty-one.

Section 43. The owner and/or operator of any aircraft
which is in any manner involved in an accident in which
any person is killed or injured shall forthwith report in

Certificate
to be kept
on person
when flying.

Rules and
regulations.

Airports, etc.,
to be _
established.

Owner, etc.,
to report
accidents.

478

Acts, 1935. — Chap. 418.

Suspension
of right to
operate.

Advisory
board of
experts.

Penalty
for certain
violations.

Appeal from
ruling of
registrar.

Flight of
aircraft,
regulation of.

writing to the registrar. When an aircraft shall have been
damaged in any structural part, a copy of the accident
report required by the federal department of commerce
shall be submitted to the registrar by the owner or operator
thereof. When.ever the death of any person results from
any such accident the registrar may suspend forthwith the
right of the person or persons involved in said accident to
operate. The registrar shall investigate the cause of any
accident within the commonwealth in which a civil aircraft
is involved.

Section 44- The registrar may suspend, or after due
hearing revoke, an airman's right to operate in this com-
monwealth for the violation of any of the provisions of sec-
tions thirty-five to fifty, inclusive, or for the violation of
any rule or regulation for the enforcement of said sections
made by the registrar. The registrar may also suspend, or
after due hearing revoke, the right of operation of an air-
craft in this commonwealth if it is found to be unairworthy
or is operated in violation of said sections or in violation
of any rule or regulation made by the registrar for the
enforcement thereof.

Section 1^5. The registrar shall appoint an advisory
board of aeronautical experts which shall consist of five
members, who shall be designated in their original appoint-
ments to serve respectively for one, two, three, four and
five years. Upon the expiration of the term of office of a
member, his successor shall be appointed by the registrar
for five years. The duties of such board shall be to advise
with the registrar on matters pertaining to aviation, and
to promote and encourage aviation. Such board shall meet
at least bi-monthly and shall annually submit to the com-
missioner of public works such recommendations as it may
deem necessary or advisable.

Section J^6. Any person failing to comply with the re-
quirements of, or violating any of the provisions of sections
thirty-five to fifty, inclusive, or the rules and regulations
for the enforcement of said sections made by the registrar,
shall be punished by a fine of not less than ten nor more
than five hundred dollars, or by imprisonment for not less
than one month nor more than six months, or both. Who-
ever operates an aircraft while under the influence of in-
toxicating liquor shall be punished by imprisonment for
not less than one month nor more than two years.

Section 47. Any person aggrieved by any regulation,
ruhng or decision of the registrar, relative to the use, opera-
tion, and registration of aircraft, or bj^ an order of the regis-
trar, may appeal as provided in section twenty-eight, and
the provisions of said section shall apply to such appeal.

Section ^8. Flight of aircraft over the lands and waters
of this commonwealth, within the navigable air space as
defined in section thirty-five, is lawful unless at such a low
altitude as to interfere with the then existing use to which
the land or water or space over the land or water is put by

Acts, 1935. — Chap. 419.

479

the owner or occupant, or unless so conducted as to be immi-
nently dangerous to persons or property lawfully on the
land or water beneath.

Section 49. The superior court shall have jurisdiction Enforcement
in equity to enforce the provisions of sections thirty-five °*^*'*'
to fifty, inclusive, and rules, regulations and orders made
thereunder by the registrar, and to restrain the violation
thereof.

Section 60. If any provision of said sections thirty-five Validity of
to forty-nine, inclusive, is declared unconstitutional or affe^ted^etc^
the application thereof to any person or circumstance is
held invalid, the vaHdity of the remaining provisions thereof
and the appHcation of such provision to other persons and
circumstances shall not be affected thereby.

Approved July 15, 1935.

Board of appeal
on motor
vehicle policlee
and bonda.

An Act relative to the holding of hearings by the Qhn^ 419

BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES ^'

AND BONDS.

Be it enacted, etc., as follows:

Section eight A of chapter twenty-six of the General g. l. (Ter.
Laws, as most recently amended by chapter two of the ftt! amend!!'
acts of nineteen hundred and thirty-four, is hereby further
amended by inserting after the word ''council" in the
fortieth line the following : — The board may hold hearings
at any place within the commonwealth and the members
and secretary thereof shall be allowed their necessary travel-
ing and other expenses in holding hearings outside the city
of Boston, — so as to read as follows: — Section 8 A. There
shall be a board of appeal on motor vehicle liability policies
and bonds serving in the division of insurance and consist-
ing of the commissioner of insurance or his representative,
the registrar of motor vehicles or a representative, and an
assistant attorney general to be designated from time to
time by the attorney general. The commissioner of in-
surance may by a writing, in such form as he may prescribe,
filed in his office, designate from time to time a representa-
tive to act in his place and the commissioner of pubfic works
may in like manner designate from time to time a repre-
sentative to act in the place of said registrar. Any such
designation may be revoked at any time and may run for
such period as the designating officer may prescribe. The
compensation of such a representative, if not an employee
of the commonwealth, shall be fixed by the board, subject
to the approval of the governor and council. The com-
missioner of insurance or his representative shall be the
chairman of the board. With the approval of the governor
and council, the board may appoint and remove a secretary
and such clerical and other assistants as its work may
require. The secretary so appointed shall be eligible to
serve also as the representative of the commissioner of in-

480

Acts, 1935. — Chap. 420.

surance, if designated as aforesaid. All expenditures
incurred under this section shall be paid from the Highway
Fund. The secretary shall keep a record of all proceed-
ings before the board, and he and such clerical and other
assistants shall perform such duties as the board may direct.
Any member of the board shall have power to summon and
compel the attendance and testimony of witnesses and the
production of books, records and documents and may ad-
minister oaths. Sections nine and eleven of chapter two
hundred and thirty-three shall apply to the board and
witnesses summoned before it. The fees of witnesses before
the board for attendance and travel shall be the same as for
witnesses before a court in civil cases and need not be paid
nor tendered to them prior to their attendance, and shall be
paid by the commonwealth upon the certificate of the board
or a member thereof filed with the comptroller. An office
and a room for hearings shall be provided by the common-
wealth, to be assigned by the governor and council. The
board may hold hearings at any place within the common-
wealth and the members and secretary thereof shall be
allowed their necessary traveling and other expenses in
holding hearings outside the city of Boston. The board,
with the approval of the governor and council, may make
and amend reasonable rules and regulations to expedite
and regulate hearings and the procedure before it.

Approved July 15, 1935.

G. L. (Ter.
Ed.), 13, § 32,
amended.

of electricians.

Chap. 420 An Act increasing the number of state examiners of

ELECTRICIANS.

Be it enacted, etc., as follows:

Section 1. Chapter thirteen of the General Laws is
hereby amended by striking out section thirty-two, as ap-
pearing in the Tercentenary Edition, and inserting in place
state examiners thereof the followiug: — Section 82. The state examiners
of electricians, hereinafter called the board, shall consist of
the commissioner of ci\dl service, the state fire marshal and
the commissioner of education, ex officiis, and two persons
to be appointed for terms of three years each by the gover-
nor, with the advice and consent of the council. One of
said appointees shall be a master electrician holding a
"Certificate A" license issued under chapter one hundred
and forty-one, a citizen of the commonwealth, and shall
have had at least ten years' experience as an employing
master electrician, and one shall be a journeyman elec-
trician holding a "Certificate B" license issued under said
chapter, shall be a wage earner, a citizen of the common-
wealth, and shall have had at least ten years' practical ex-
perience in the installation of wires and appliances for carry-
ing electricity for light, heat or power purposes. The state
fire marshal shall be chairman. The board shall appoint an
executive secretary who shall be a wage earner, a citizen of

Acts, 1935. — Chap. 421.

481

the commonwealth, and a practical electrician of at least
ten years' experience in such installation. The members,
ex officiis, shall receive no compensation for their services
under chapter one hundred and forty-one, but the appoin-
tive members shall each receive for their services there-
under a salary of five hundred dollars. The board may
expend for the salaries of the appointive members and of
the secretary and other employees and for necessary travel-
ing and other expenses for themselves and their employees
such sums as are annually appropriated therefor.

Section 2. The tenure, powers, duties and civil service Tenure of
rights of the executive secretary of the state examiners of p^senf
electricians in office upon the effective date of this act shall secretary.
not be affected thereby, and he shall continue to serve
therein under chapter thirty-one of the General Laws.

Approved July 15, 1935.

An Act providing for the establishment of the nor- Qhnr^ 491

FOLK STATE HOSPITAL FOR THE CARE OF THE CRIMINAL ^'

INSANE.

Be it enacted, etc., as follows:

Section 1. As soon as funds become available for the
construction of a state hospital for the criminal insane,
the commissioner of correction is hereby authorized, with
the approval of the governor and council, to transfer to the
department of mental diseases the control of so much of the
land now occupied by the state prison colony at Norfolk
as, in the opinion of the commissioner of correction, the
commissioner of mental diseases and the chairman of the
commission on administration and finance, may be neces-
sary for such a state hospital.

Section 2. Upon the transfer to the department of
mental diseases of the control of any land under section one
there shall be constructed thereon a state hospital for the
criminal insane, to be known as the Norfolk state hospital,
and any funds received from the federal government may
be used for such construction. Upon receipt of notifica-
tion from said department that said state hospital is ready
for the reception of patients, the governor shall issue his
proclamation establishing said hospital and fixing a time for
the opening thereof for use as a state hospital for the crimi-
nal insane. Thereupon said hospital shall be subject to all
provisions of law applicable to state hospitals for the crimi-
nal insane, under the control of said department. As soon
as may be after the time fixed by such proclamation, all
insane criminals then confined at the Bridgewater state
hospital shall be transferred to said Norfolk state hospital
or to some other state hospital under the control of said
department.

Section 3. Section five of chapter nineteen of the
General Laws, as amended by section two of chapter three

Transfer of
land at state
prison colony
to department
of mental
diseases.

Norfolk state
hospital, con-
struction of.

G. L. (Tcr.
Ed.), 19, § 5.
etc., amended.

482

Acts, 1935. — Chap. 421.

Institutions in
the department
of mental
diseases.

G. L. (Ter.
Ed.), 123, § 25,
etc., amended.

List of state
hospitals.

Trustees of
Norfolk state
hospital,
original
appointment.

Effective date
of sections 3
and 4.

hundred and fourteen of the acts of the current year, is
hereby further amended by inserting after the word "hospi-
tal" the first time it occurs in the eighth line the words: — ,
Norfolk state hospital, — so as to read as follows : — Sec-
tion 5. The boards of trustees of the following public in-
stitutions shall serve in the department : Belchertown state
school, Boston psychopathic hospital, Boston state hospital,
Danvers state hospital, Foxborough state hospital, Gardner
state hospital, Grafton state hospital, Walter E. Fernald
state school, Medfield state hospital. Metropolitan state
hospital, Monson state hospital, Norfolk state hospital,
Northampton state hospital, Taunton state hospital. West-
borough state hospital, Worcester state hospital and
Wrentham state school.

Section 4. Section twenty-five of chapter one hundred
and twenty-three of the General Laws, as amended by
section three of said chapter three hundred and fourteen,
is hereby further amended by inserting after the word
"hospital" in the tenth line the words: — , Norfolk state
hospital, — so as to read as follows : — Section 26. The
state institutions under the control of the department shall
be Worcester state hospital, Taunton state hospital, North-
ampton state hospital, Danvers state hospital, Grafton
state hospital, Westborough state hospital, Foxborough
state hospital, Medfield state hospital, Monson state hospi-
tal, Gardner state hospital, Wrentham state school, Boston
state hospital, Walter E. Fernald state school, Boston
psychopathic hospital, Belchertown state school, Metropoli-
tan state hospital, Norfolk state hospital, and such others
as may hereafter be added by authority of law.

Section 5. Of the appointments of trustees of the Nor-
folk state hospital which shall be originally made by the
governor, with the advice and consent of the council, under
authority of this act, as soon as may be after the proclama-
tion of the governor provided for in section two, one shall
serve until the expiration of one year, one until the expira-
tion of two years, one until the expiration of three years,
one until the expiration of four years, one until the expira-
tion of five years, one until the expiration of six years, and
one until the expiration of seven years, from the first Wed-
nesday in February following such proclamation, subject,
however, to the provisions of section six of chapter nineteen
of the General Laws.

Section 6. Section three shall become effective upon
the original appointment of the trustees of the Norfolk state
hospital, and section four upon the proclamation provided
for in section two. Approved July 15, 1936.

Acts, 1935. — Chaps. 422, 423.

483

An Act providing for the improvement for park and QJiq/q 422

BEACH purposes OF CERTAIN LAND OWNED BY THE COM-
MONWEALTH ADJOINING OLD COLONY PARKWAY IN THE
DORCHESTER DISTRICT OP BOSTON.

Whereas, The deferred operation of this act would tend Emergency
to 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:

Section 1. The metropoHtan district commission is
hereby authorized and directed to improve for park pur-
poses the land owned by the commonwealth and located
on the easterly and westerly sides of Old Colony parkway
between Savin Hill and Freeport street in the Dorchester
district of the city of Boston, by grading, loaming, seeding
and planting said land and by doing all such other work
thereon as the commission deems desirable, and to construct
a beach and public bath house on that portion of said land
which is located on said easterly side of said parkway and
adjoins Dorchester bay.

Section 2. For the purpose of carrying out the work
authorized by this act, the commission may expend such
sums, not exceeding, in the aggregate, one hundred thousand
dollars, as may hereafter be appropriated, the same to be
paid by the cities and towns of the metropolitan parks dis-
trict in proportion to the respective taxable valuations of
the property of said cities and towns as defined in section
fifty-nine of chapter ninety-two of the General Laws.

Approved July 16, 1935.

An Act making the law relative to one day's rest in Qfid^p 423
seven applicable to certain watchmen and to cer- ^'

TAIN employees MAINTAINING FIRES.

Be it enacted, etc., asfolloivs:

Section 1. Section fifty of chapter one hundred and g. l. (Ter.
forty-nine of the General Laws, as amended by chapter two ftll'amended!''
hundred and twenty-five of the acts of nineteen hundred and
thirty-three, is hereby further amended by striking out all
after the word "anticipated" in the ninth Une, — so as to
read as follows: — Section 50. Sections forty-seven and
forty-eight shall not apply to (a) janitors; (6) employees
whose duties include no work on Sunday other than (1)
setting sponges in bakeries, (2) caring for live animals,
(3) caring for machinery; (c) employees engaged in the
preparation, printing, pubUcation, sale or deUvery of news-
papers; (d) farm or personal service; (e) any labor called
for by an emergency that could not reasonably have been
anticipated.

One day's rest
in seven.
Exceptions.

484

Acts, 1935. — Chap. 424.

G. L. (Ter.
Ed.), 149, new
Bection 50A,
added.
Same subject.

"Watchman'
defined.

G. L. (Ter.
Ed.), 149, § 48,
etc., amended.

Penalty.

Section 2. Said chapter one hundred and forty-nine
is hereby further amended by inserting after said section
fifty the following new section: — Section 60 A. Every
person employed as a watchman in establishments other
than those described in section forty-eight, or employed
in maintaining fires in such establishments, but not includ-
ing janitors in residential apartment houses, shall be allowed
at least twenty-four consecutive hours of rest in every seven
consecutive days. No provision of any other section of
this chapter shall be construed as limiting the rights given
by this section. The term "watchman" as used in section
forty-eight or in this section shall include guards in banks,
as defined in section one of chapter one hundred and sixty-
seven. An employer violating this section shall be pun-
ished by a fine of fifty dollars.

Section 3. Said chapter one hundred and forty-nine is
hereby further a mended by striking out section forty-eight,
as most recently amended by chapter one hundred and
eighty-five of the acts of the current year, and inserting in
place thereof the following : — Section 48. Every employer
of labor engaged in carrying on any manufacturing or mer-
cantile estabhshment in the commonwealth shall allow
every person, except those specified in section fifty, but
including watchmen and employees maintaining fires, em-
ployed in such manufacturing or mercantile establishment
at least twenty-four consecutive hours of rest in every seven
consecutive days. No employer shall operate any such
manufacturing or mercantile establishment on Sunday
unless he has complied with section fifty-one. Whoever
violates this section shall be punished by a fine of fifty
dollars. Approved July 16, 1936.

Chap. 424: ^'^ ^^'^ providing for the reference of certain cases

UNDER the workmen's COMPENSATION ACT TO INDUSTRIAL
DISEASE REFEREES.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws
is hereby amended by inserting after section nine A, as
appearing in the Tercentenary Edition, the following new
section: — Section 9B. The board of registration in medi-
cine shall, as soon as this section takes effect, prepare and
transmit to the department a hst of registered physicians.
In the event of any employee, or in case of his death his
legal representative or dependents, making a claim for com-
pensation alleging that his injury is due to an industrial
disease, the industrial accident board shall submit the claim
to three physicians selected by it from said list, who shall be
impartial. Such three physicians shall be known as indus-
trial disease referees. They may make such examinations
of the employee and cause to be made such inspections of
the place or places of employment as they deem necessary,

G. L. (Ter.
Ed.), 152, new
section 9B,
added.

List of

registered

physicians.

Industrial

disease

referees.

Acts, 1935. — Chaps. 425, 426. 485

and shall report their diagnosis to the department. The
insurer shall reimburse the department for the fees and
other expenses of such referees, subject to the approval
of the industrial accident board. The diagnosis shall be
made by a majority vote of the referees, and shall be in-
cluded in the decision of the single member and in the
decision of the reviewing board, and such diagnosis shall be
binding on the parties. The reviewing board, if a claim
for review is filed, may refer the matter back to the industrial
disease referees for further diagnosis. The board of regis-
tration in medicine from time to time may, and on request
of the industrial accident board shall, revise the Ust of
physicians from which industrial disease referees may be
appointed, and shall notify the department in writing of
such revision. Approved July 16, 1935.

An Act to safeguard and extend the workmen's com- Qlidj) 425

PENSATION LAW BY MAKING VOID CERTAIN CONTRACTS OR
agreements in the nature of insurance which do NOT
INSURE THE PAYMENT OP THE COMPENSATION PROVIDED
FOR BY SAID LAW.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws, g. l. (Ter.
as appearing in the Tercentenary Edition, is hereby amend- 8ection^54Ar^
ed by inserting before section fifty-five the following new ^^^f^<i-
section: — Section 54A. Every contract or agreement the Contracts of
purpose of which is to insure an employer in whole or in reg^arel.
part against liability on account of injury or death of an
employee, other than a domestic servant or a farm laborer,
shall be void unless it also insures the payment of the com-
pensation provided for by this chapter. Nothing in this
section shall affect any such contract or agreement made
with an employer of less than six persons. The second
paragraph of section fifty-five shall not apply in case of a
contract or agreement made void by this section.

Approved July 16, 1935.

An Act providing for the licensing of certain dealers r<hn^ 49^

IN BOVINE ANIMALS. ^'

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

Be it enacted, etc., as follows:

Chapter one hundred and twenty-nine of the General Sj^{To'"n -
Laws is hereby amended by inserting after section thirty-six, Bection sca.^
as appearing in the Tercentenary Edition, the following new

added.

section: — Section 36 A. No person shall engage in the Dealers'
business of dealing in bovine animals, except for immediate

486 Acts, 1935. — Chap. 427.

Blaughter, without obtaining a license therefor from the
director. The director, subject to the approval of the com-
missioner of agriculture and of the governor and council,
may make rules and regulations governing the issue of such
licenses and the carrying out of the business so licensed, and
relative to the maintenance of premises, buildings and con-
veyances, the health rating of bovine animals intended for
sale and the method and time of inspection and checking of
said animals. The director may revoke any license granted
by him hereunder if in his judgment the licensee is not
complying with the rules and regulations made hereunder.
Licenses shall expire on November thirtieth of each year.
The fee for a license or renewal thereof shall be five dollars.
If a license is refused or revoked, an appeal may be taken to
the advisory board of the department of agriculture, whose
decision shall be final. Whoever engages in the business of
dealing in bovine animals, except for immediate slaughter,
without a license shall be punished by a fine of not more
than five hundred dollars. Approved July 17, 1936.

Chap. 427 An Act providing for the establishment of biennial

MUNICIPAL elections IN THE CITY OF HOLYOKE.

Be it enacted, etc., as follows:

Section 1. Beginning with the year nineteen hundred
and thirty-five, municipal elections in the city of Holyoke
for the choice of mayor, aldermen, members of the school
committee, city clerk and city treasurer shall be held bien-
nially on the first Tuesday in December in each odd-num-
bered year.

Section 2. At the biennial municipal election to be
held in the year nineteen hundred and thirty-five and at
every biennial municipal election thereafter, the mayor, and
the aldermen to be elected thereat, shall be elected for terms
of two years from the first Monday in January following
their election and until their successors are qualified. The
aldermen at large elected in the year nineteen hundred and
thirty-four shall continue to hold oflSce until the quahfica-
tion of their successors who shall be elected at the biennial
municipal election in the year nineteen hundred and thirty-
seven. The inauguration meeting of the city government
shall be held on the first Monday of January following each
biennial municipal election, or on the following day when-
ever said first Monday falls on a holiday.

Section 3. At the biennial municipal election to be
held in the year nineteen hundred and thirty-seven and at
every second biennial municipal election thereafter, the
city clerk and the city treasurer shall be elected for terms of
four years from the first Monday in January following their
election and until their successors are qualified.

Section 4. At the biennial municipal election to be
held in the year nineteen hundred and thirty-five and at

Acts, 1935. — Chap. 428. 487

every biennial municipal election thereafter, each member
of the school committee to be elected thereat at large shall
be elected for a term of four years, and all members of said
committee to be elected thereat by wards shall be elected
for terms of two years, from the first Monday in January
following their election and until their successors are
qualified. The members of said committee elected in the
year nineteen hundred and thirty-three 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-seven.

Section 5. If a vacancy occurs in the office of mayor
before the last three months of the term of office, the board
of aldermen shall order an election to fill the same for the
unexpired term. If a vacancy occurs in the board of alder-
men before the last six months of the term of office, the re-
maining members of the board of aldermen shall fill the
same for the unexpired term. If a vacancy occurs in the
office of city clerk or city treasurer, the aldermen shall fill
the same 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 regu-
lar municipal election for the unexpired term.

Section 6. So much of chapter four hundred and
thirty-eight of the acts of eighteen hundred and ninety-six,
and acts in amendment thereof and in addition thereto, as is
inconsistent with this act, is hereby repealed.

Section 7. The provisions of sections one to six, in-
clusive, of this act shall be submitted for 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 oflficial ballot to be used at said
election: — "Shall sections one to six, inclusive, of an act
passed by the general court in the current year, entitled,
'An Act providing for the establishment of biennial munici-
pal elections in the city of Holyoke', be accepted?" If a
majority of the votes cast on said question are in the affirma-
tive, said sections shall thereupon take full effect ; otherwise
they shall be of no effect and the officers elected at said
election shall respectively hold office for the terms now
provided by law.

Section 8. Chapter one hundred and forty-one of the
acts of the current year is hereby repealed.

Approved July 17, 1935.

An Act establishing a board of registration of hair- rh^j) 428
dressers and regulating the occupation of hair- ^'

dressing.

Be it enacted, etc., as follows:

Section 1. Chapter thirteen of the General Laws is g. l. (Ter.
hereby amended by inserting after section forty-one, as 9eotions42!*

488

Acts, 1935. — Chap. 428.

43 and 44,
added.

Board of
registration of
hairdressers.
Appointment,
term, etc., of
members.

Chairman
and secretarj'.
Powers of
board.

Salaries, etc.

appearing in the Tercentenary Edition, the following three
new sections, under the following heading : —

BOARD OF REGISTRATION OF HAIRDRESSERS.

Section 1^.2. There shall be a board of registration of hair-
dressers, to be appointed by the governor, with the advice
and consent of the council, consisting of three members,
citizens of the commonwealth, each of whom at the time of
his appointment shall be a practical hairdresser operating in
this commonwealth and shall have had at least three years
practical experience as such hairdresser. At least two mem-
bers of the board shall be independent hairdressers operat-
ing their own establishments, but such members shall not,
while in office, actually do the work of hairdressing for com-
pensation. No two members of the board, while in office,
shall be in any way interested in any hairdressing estab-
lishments in the same town, nor shall any member, while in
office, be a teacher at, or have any financial interest in, any
school giving courses of instruction in hairdressing or mani-
curing. As the term of office of a member expires, his
successor shall be appointed by the governor, with like
advice and consent, to serve for three years. The governor
may also, with like advice and consent, fill any vacancy in
the board for the unexpired term. After the expiration of
one year following the original appointment of members of
the board, no person shall be appointed to the board who is
not a registered hairdresser. Definitions contained in sec-
tion eighty-seven T of chapter one hundred and twelve shall,
so far as appropriate, apply to this and the two following
sections.

Section 43. The board shall hold regular meetings at
the state house on the second Tuesday 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 secretary 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, in such amount and with such sureties as shall be
approved by the governor and council, upon the recom-
mendation of the board, conditioned upon the faithful
discharge of his duties. Such bond, with the approval of the
governor and council 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. The board may appoint
such agents and employees as the work of the board may
require.

Section 44- The members of the board shall devote
their full time to the duties of their offices and they shall
receive from the commonwealth the following salaries: —
the secretary, twenty-five hundred dollars and his neces-
sary expenses incurred in the discharge of his official duties,

Acts, 1935. — Chap. 428.

489

and each of the other two members, two thousand dollars
and his necessary expenses so incurred; provided that the
salaries and expenses of the members of the board, and the
expenses of the board, shall not be in excess of the receipts
for registration and from other sources received by the state
treasurer from the board.

Section 2. Chapter one hundred and twelve of the g. l. (Ter.
General Laws is hereby amended by inserting after section sections sVtTo
eighty-seven S, as appearing in the Tercentenary Edition, 87jj, added,
the following seventeen new sections, under the following
heading: —

REGISTRATION OF HAIRDRESSERS.

Section 87 T. The following words, as used in sections
eighty-seven T to eighty-seven JJ, inclusive, shall have the
following meanings:

"Apprentice," a person studying hairdressing or mani-
curing in a shop.

"Board," the board of registration of hairdressers estab-
lished by section forty-two of chapter thirteen.

"Hairdresser," any person who engages in hairdressing
for compensation, except the following persons: —

1. A barber engaged in his usual occupation, or only in
cutting the hair of any female.

2. A person who engages in behalf of a manufacturer or
distributor solely in demonstrating the use of any machine
or other article for purposes of sale, without charge to the
person who is the subject of such demonstration.

"Hairdressing," arranging, dressing, curling, waving,
cleansing, cutting, singeing, bleaching, coloring, or similarly
treating the hair of any female, or performing work as a
cosmetologist as defined in section eighty-seven F, or any
combination of any of the foregoing, but not including the
removal of superfluous hair or skin blemishes by direct appli-
cation of an electric current, or any treatment of the bust.

"Operator," a person engaged in hairdressing or in any
of its branches under the supervision of a registered hair-
dresser.

"Manicurist," any person who engages in manicuring for
compensation.

"Manicuring," the cutting, trimming, polishing, tinting,
coloring, or cleansing the nails of any person.

"School," except in section eighty-seven Z, a school or
other institution privately owned, conducted for the pur-
pose of teaching hairdressing or such of its branches as the
board may require.

"Shop," a beauty shop or other place to which customers
come for hairdressing.

"Student," a person studying hairdressing or manicuring
in a school.

Section 87 JJ. All students enrolled in registered schools
and all apprentices employed or studying in registered shops
shall, within fifteen days after entering upon their courses of

Definitions.

students to be
registered.

490

Acts, 1935. — Chap. 428.

Examination
of operators,
fee, registra-
tion.

Registration
of hairdressers,
examination,
fee, etc.

Registration of
manicurists,
examination,
fee, etc.

Frequent
examinations
to be held.

study, be registered with the board by such schools or shops.
Students at registered schools and apprentices at registered
shops may, within such fifteen day period, register with the
board. No fee shall be required for such registration. No
student or apprentice shall practice hairdressing or mani-
curing upon any paying customer, except to assist a regis-
tered hairdresser or operator who is working on such cus-
tomer. Subject to this section, a school or shop may pay a
student or apprentice for any services rendered by him.

Section 87 V. Any registered student who has completed
a course of at least six months, including at least one thou-
sand hours of professional training, in a school approved by
the board, and any registered apprentice who in the opinion
of the board has received the equivalent of such a course, if
such registrant after application accompanied by an ex-
amination fee of five dollars for a first examination or three
dollars for a second or subsequent examination, passes an
examination satisfactory to the board, may be registered
by the board as an operator, and as such may practice hair-
dressing for compensation under the supervision of a regis-
tered hairdresser during the period of such original registra-
tion, and thereafter, upon payment annually of a renewal
fee of two dollars.

Section 87W. Any operator who has had not less than
six months practical experience as such, and who, after
application accompanied by an examination fee of ten
dollars for a first examination or five dollars for a second or
subsequent examination, passes a practical examination
satisfactory to the board, may be registered by the board
as a hairdresser, and thereafter may practice hairdressing
for compensation and may supervise operators, without
additional payment for the period during which such per-
son was originally registered as an operator, and thereafter
upon payment annually of a hairdresser's renewal fee of
two dollars.

Section 87X. Any registered student who has com-
pleted a course of at least one month, including at least one
hundred hours of professional training in manicuring, in a
school approved by the board, and any registered appren-
tice who, in the opinion of the board, has received the
equivalent of such a course, if such registrant after applica-
tion accompanied by an examination fee of three dollars for
a first examination or two dollars for a second or subsequent
examination, passes an examination satisfactory to the
board, may be registered by the board as a manicurist
and may practice manicuring for compensation during the
period of such original registration, and thereafter upon
payment annually of a renewal fee of two dollars.

Section 87 Y. The board shall hold examinations at
least once every four months in such cities throughout the
commonwealth as it may deem most convenient for appli-
cants, and at such additional times as it may from time to
time determine.

Acts, 1935. — Chap. 428.

491

Section 87Z. The board may register, without examina-
tion, any hairdresser or any manicurist who has been regis-
tered as such under the laws of another state which, in the
opinion of the board, maintains a standard substantially
equivalent to that of this commonwealth, and in which hair-
dressers and manicurists registered in this commonwealth
are given like recognition, upon payment of a fee of twenty
dollars, in the case of a hairdresser, and five dollars in the
case of a manicurist. Any person who has completed in
another state, or in a school in this commonwealth supported
by pubhc funds, a course of professional training, substan-
tially equivalent to that required by section eighty-seven V,
and who, after application accompanied by an examination
fee of five dollars for a first examination or three dollars
for a second or subsequent examination, passes an examina-
tion satisfactory to the board, may be registered by the
board as an operator.

Section 87 A A. The board may authorize one or more
registered hairdressers, or any person emplojdng one or
more registered hairdressers, upon payment to the board of
a shop registration fee of ten dollars, to operate a registered
shop, and such person or persons may thereafter operate
such shop upon payment annually of a shop registration re-
newal fee of five dollars; provided, that in the case of a
shop conducted solely by a hairdresser owning the same, the
shop registration fee and shop registration renewal fee shall
each be two dollars.

Section 87 BB. The board may register any school which
it approves, upon payment of a school registration fee of
fifty dollars, and such school may annually be registered
upon payment of a renewal fee of twenty-five dollars;
provided, that standards of professional training satis-
factory to the board are there maintained and a sufficient
course is there given.

Section 87CC. The board shall make such uniform and
reasonable rules and regulations as are necessary for the
proper conduct of its business, the establishment of proper
standards of professional skill in relation to, and the proper
supervision of, hairdressers, manicurists, operators, shops,
schools, students and apprentices, and especially may pre-
scribe such sanitary rules, subject to the approval of the
department of public health, as it may deem necessary to
prevent the spreading of infectious or contagious diseases,
or both, but nothing herein shall authorize the board to
limit the number of hairdressers, manicurists, shops, schools,
operators, students or apprentices in the commonwealth
or in any given locality, or to regulate or fix compensation
or prices, or to refuse to register a shop solely for the reason
that such shop is to be conducted by a person in his own
home on a full or part time basis, or to interfere in any way
with the conduct of the business of hairdressing or mani-
curing, except so far as is necessary for the protection of the
public health, safety or morals.

Registration

without

examination.

Registered
shop.

Registered
school.

Rules and
regulations.

492

Acts, 1935. — Chap. 428.

Inspection
of schoola
and ehops.

Suspension
of registration.

Revocation,
etc., of sus-
pension.

Expiration of
registrations.

Appeal from
decisions of
board.

Section 87DD. Any member or agent of the board may-
enter and inspect any shop or school in a proper manner
at any time during business hours thereof. Whenever a
complaint is made to the board that any person has suffered
personal injury as a result of the practice of the occupation
of hairdressing, or that any female person has been exposed
to moral hazard, or that any contagious or infectious disease
has been imparted, at any shop or school, or that any shop
or school is kept in an unsanitary condition, or that any
person has been engaged in hairdressing or manicuring for
compensation in violation of any provision of sections
eighty-seven T to eighty-seven JJ, inclusive, a member or
agent of the board shall visit and inspect such shop, school
or place whereat such violation is alleged to have occurred,
and enforce the provisions of said sections eighty-seven T
to eighty-seven JJ, inclusive. The board and its members
and agents may investigate the standard of professional
training at any school, and the sufficiency of the course or
courses there given.

Section 87EE. The board, under such reasonable rules
or regulations as it may make, may for cause suspend or
cancel any registration granted under sections eighty-seven
T to eighty-seven J J, inclusive; provided, that before any
registration shall be so suspended or cancelled the registrant
shall have had notice in writing of the charge or charges
against him or it, and, at a day specified in said notice,
which shall be at least five days after the service of notice
thereof, shall have been given a public hearing and an op-
portunity to present testimony in his or its behalf, and to
confront the witnesses against him or it. The mailing of a
registered letter, postage prepaid, containing a notice of such
hearing, and addressed to the registrant at his or its address
in this commonwealth as it appears in his or its registra-
tion, shall be a sufficient service of such notice, and said
five days shall begin to run from the day of such mailing.

Section 87FF. The board may, after a public hearing,
and after investigation, again register a person or school
whose registration has been cancelled, or revoke the sus-
pension of a registration under section eighty-seven EE,
if satisfied that this can be done consistently with the public
interest.

Section 87GG. Each registration granted under sec-
tions eighty-seven T to eighty-seven JJ, inclusive, shall
expire on December thirty-first next succeeding its date, and
shall not be renewed unless application therefor is filed
before its expiration. Any hairdresser, manicurist or opera-
tor whose registration has not been so renewed shall, upon
payment of the prescribed renewal fee, be reregistered, and
any shop or school may be reregistered at any time during
the year following the expiration of its registration upon
payment of the renewal fee prescribed therefor.

Section 87HH. Any person aggrieved by the refusal
of the board to grant, or by its suspension or cancellation of,

Acts, 1935. — Chap. 428.

493

a registration, or by its refusal to again register him, may,
within ten days after such action, appeal to the district
court within the judicial district of which he resides by
bringing a petition in said court addressed to the justice of
the court, praying for a rehearing by the court. Upon the
filing of the petition for a rehearing in the case of a suspen-
sion or cancellation of a registration, such suspension or
cancellation shall be stayed pending the final decision of the
court. After such notice to the board as the court deems
necessary, the court shall hear the witnesses and shall affirm
the decision of the board, unless it shall appear that it was
made without proper cause or in bad faith, in which case
the decision of the board shall be reversed. The court shall
hear the petition within thirty days of the filing of it in said
court. The decision of the court shall be final and con-
clusive.

Section 87II. Whoever engages in or follows, or at-
tempts to engage in or follow, the occupation of hairdress-
ing or manicuring, unless duly registered by the board, and
whoever conducts, or attempts to conduct, a shop or school
not so registered, and whoever violates any provision of
sections eighty-seven T to eighty-seven HH, inclusive, or
any rule or regulation made under authority thereof, shall,
in addition to any other penalty prescribed or authorized
by said sections, be punished by a fine of not more than one
hundred dollars.

Section 87JJ. Nothing in sections eighty-seven T to
eighty-seven II, inclusive, shall be deemed to authorize a
hairdresser or operator to engage in massage or other occu-
pation requiring a license, unless duly licensed therefor, or to
prohibit a person registered under said sections from prac-
ticing or teaching any such occupation, if duly licensed
therefor.

Section 3. Section fifty-one of chapter one hundred
and forty of the General Laws, as most recently amended
by chapter two hundred and seventy-five of the acts of
nineteen hundred and thirty-two, is hereby further amended
by striking out, in the second line, the words "manicuring
or", — and by striking out, in the fifth line, the word "mani-
curing,",— so as to read as follows: — Section 51. No
person shall practice massage, or conduct an establishment
for the giving of vapor baths for hire or reward, or advertise
or hold himself out as being engaged in the business of
massage or the giving of said baths without receiving a
license therefor from the board df health of the town where
the said occupation is to be carried on; provided, that a
person registered as a barber or apprentice under the pro-
visions of section eighty-seven PI or section eighty-seven I
of chapter one hundred and twelve may practice facial and
scalp massaging without taking out a hcense as provided in
this section. The board of health may grant the license
upon such terms and conditions, and may make such rules
and regulations in regard to the carrying on of the occupa-

Penalty.

Limitation of
certain sections.

G. L. (Ter.
Ed.), 140. § 51,
etc., amended.

Manicuring,
massage or
vapor baths,
regulated.

494

Acts, 1935. — Chap. 428.

G. L. (Ter.
Ed.), 140, $52,
amended.

Police may_
enter premises.

Original
appointment
of board.

Registration
of certain
persons in
business at
time act takes
e£fect.

tion SO licensed, as it deems proper, and may revoke any
license granted by it for such cause as it deems sufficient,
and without a hearing; provided, that a person licensed to
massage or to conduct an establishment for the giving of
vapor baths in any town may, at the request of a physician,
attend patients in any other town in the commonwealth
without taking out an additional license.

Section 4. Section fifty-two of said chapter one hun-
dred and forty, as appearing in the Tercentenary Edition, is
hereby amended by striking out, in the second line, the
words "manicuring or", — so as to read as follows: —
Section 52. Members of the police department of any town
may enter and inspect any premises in that town used for
massage or the giving of vapor baths.

Section 5. In the month of December in the current
year the governor, with the advice and consent of the
council, shall appoint three persons, qualified as herein-
before provided, as members of the board of registration of
hairdressers hereinbefore established, of whom one shall
serve for one year, one for two years and one for three years,
as the governor may designate, from the first day of Janu-
ary next following. Upon the expiration of the term of a
member, his successor shall be appointed as hereinbefore
provided.

Section 6. Any person who, from the date of the pas-
sage of this act up to the date of its taking full effect, has
been engaged in this commonwealth in the actual practice
of the occupation of hairdressing as defined in this act, shall,
without any examination, be registered as a hairdresser by
the board hereinbefore established, and any person who at
the date when this act takes full effect is engaged in such
actual practice, but was not engaged therein at the time of
its passage, shall, upon his request, be given an examination
by the board, and, upon passing such examination to the
satisfaction of the board, shall be registered by it as a hair-
dresser, and any person who at the date when this act takes
full effect is engaged in such practice and does not take or
fails to pass such examination shall be registered as an
operator, and any person who, at the date when this act
takes full effect, is engaged in the occupation of manicuring
and is duly licensed therefor, shall, without examination,
be registered as a manicurist; provided, that such person
makes application to the board for such registration, ac-
companied by such information as it may require, and by a
fee of ten dollars in the case of a hairdresser, or five dollars
in the case of an operator, or three dollars in the case of a
manicurist, within six months after said date of taking full
effect. A person who has applied under this section for
registration as a hairdresser and paid the required fee, and
has failed to pass the examination, shall not be required
to pay any further fee for original registration as an opera-
tor. Any person applying for registration as an operator
shall be credited by the board with the time spent in practice

Acts, 1935. — Chap. 429.

495

as a hairdresser prior to the date when this act takes full
effect. The original shop registration fee for shops existing
upon said date of taking full effect, shall be five dollars ; pro-
vided, that in the case of a shop so existing and operated
solely by a hairdresser owning the same, the original shop
registration fee shall be two dollars.

Section 7. Section five of this act shall take effect on
December first of the current year, and the remainder
shall take effect on January first, nineteen hundred and
thirty-six, or upon such later date as the members of the
board established by this act shall be qualified.

Approved July 17, 1935.

Effective date
of certain
sections.

An Act authorizing the commissioner of labor and in- Qfidj) 429

DUSTRIES TO SUSPEND UNTIL APRIL FIRST, NINETEEN HUN- ^'

DRED AND THIRTY-SIX, THE SIX o'CLOCK LAW, SO CALLED,
RELATING TO THE HOURS OF EMPLOYMENT OF WOMEN IN
THE TEXTILE INDUSTRY.

Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, therefore it is hereby declared to be p'"®*™'''^-
an emergency law, necessary for the immediate preserva-
tion of the public health, safety and convenience.

Be it enacted, etc., as follows:

Section one of chapter three hundred and forty-seven of
the acts of nineteen hundred and thirty-three is hereby
amended by striking out, in the fourth to seventh lines, in-
clusive, the words "for and during such time as any code
for the regulation of any of the textile industries, approved
by the President of the United States under the provisions
of the National Industrial Recovery Act, is in effect, and",
and inserting in place thereof the words : — until April
first, nineteen hundred and thirty-six, — so as to read as
follows : — Section 1 . The commissioner of labor and in-
dustries is hereby authorized, in conformity with Article
XX of Part the First of the Constitution of the Common-
wealth, to suspend, until April first, nineteen hundred and
thirty-six, subject to such restrictions and conditions as the
said commissioner may prescribe, so much of section fifty-
nine of chapter one hundred and forty-nine of the General
Laws, as amended by section one of chapter one hundred
and ninety-three of the acts of the current year, as prohibits
the emplo3niient of women in the manufacture of textile
goods after six o'clock in the evening ; and, during such time,
those parts of said section fifty-nine which are so suspended
shall be inoperative and of no effect.

Approved July 19, 1935.

496 Acts, 1935. — Chaps. 430, 431.

Chap. 430 An Act relative to the operation of certain motor

VEHICLE TRAILERS OWNED BY THE CITY OF SPRINGFIELD ON
THE WAYS OF SAID CITY AND CERTAIN ADJOINING TOWNS.

Be it enacted, etc., as follows:

Section 1. Motor vehicle trailers owned by the city of
Springfield and having a carrying capacity of more than one
thousand pounds may be operated or drawn on the ways of
said city and the towns of Agawam, Ludlow and Wilbra-
ham, any provision of section nineteen of chapter ninety of
the General Laws to the contrary notwithstanding.

Section 2. Chapter three hundred and twenty of the
acts of the current year is hereby repealed.

Section 3. Section one of this act shall take effect Janu-
ary first, nineteen hundred and thirty-six, and shall become
inoperative July first in said year, and section two thereof
shall take effect upon its passage.

Approved July 19, 1935.

Chap. 4S1 An Act providing for the sanitary protection by the

CITY OF WORCESTER OF THE WATERS OF LAKE QUINSIGA-
MOND and its TRIBUTARIES.

Be it enacted, etc., as follows:

Section 1. Subject to rights now or hereafter granted
by the general court, and subject to such regulations and
obligations as may hereafter be prescribed or imposed
thereby, or otherwise as provided in this act, the city of
Worcester, hereinafter called the city, for the purpose of
preventing pollution and securing the sanitary control of
the waters of Lake Quinsigamond and the waters of Flints
and Hovey ponds, and for the purpose of utilizing the fall of
water from said lake and said ponds in carrying out said
control, may take by eminent domain under chapter seventy-
nine of the General Laws, except as hereinafter provided, or
acquire by purchase or otherwise, the water rights in said
lake and said ponds and in the tributaries thereto, and may
hold and use said waters and conduct the same into the
^ stream below Hovey dam or to any mills in the valley of

the Quinsigamond river below said dam, or into said stream
and to any or all of such mills, and may hold and use the
dams connected therewith for any or all of the purposes set
forth in this act. For the purpose of building and maintain-
ing dams, reservoirs, penstocks and pipe lines, and of col-
lecting, storing, preserving and protecting the purity of
the water taken under the provisions of this act, and con-
ducting the same as aforesaid, the city may also take by
eminent domain under and in accordance with said chapter
seventy-nine, except as hereinafter provided, or acquire by
purchase or otherwise, all lands, dams, reservoirs, struc-
tures, pipe lines, penstocks, buildings, water rights, rights
of way and easements within the city and the towns of

Acts, 1935. — Chap. 431. 497

Shrewsbury, Millbury and Grafton which may be neces-
sary, including specifically the lands, reservoirs, dams, pen-
stocks, and other structures belonging to The Linen Thread
Company in the town of Grafton and the water rights con-
nected therewith; provided, that no lands or water rights
necessary for developing the supply of Lake Quinsigamond
or for preserving the quality of the water in said lake shall
be taken or used without first obtaining the advice and
approval of the department of pubhc health; and provided,
further, that the location and arrangement of all dams,
reservoirs, structures, penstocks, buildings and other works
necessary in carrying out the provisions of this act shall be
subject to the approval of said department of public health
and the department of public works; and provided, further,
that in the manner of taking said water from Lake Quinsiga-
mond and from Hovey and Flints ponds and their tribu-
taries the city shall conform to such reasonable regulations
as may be established from time to time by said depart-
ments, and shall install such measuring and recording de-
vices as may, in the opinion of said departments, be neces-
sary to record accurately and permanently the amount of
water stored in said lake and said ponds and the amount of
water taken from said lake and said ponds by the city; and
provided, further, that all records so taken shall be kept on
file by the city and shall be open at all reasonable times to
inspection by the public.

Section 2. The city may construct and maintain on the
land acquired and held under the provisions of this act
proper dams, reservoirs, structures, penstocks, pipe lines,
buildings, fixtures and other structures, and may make
excavations, procure and operate machinery, and may pro-
vide such other means and appliances and do such other
things as may be necessary in carrying out the provisions
of this act; and for the aforesaid purposes the city may
construct, lay and maintain aqueducts, conduits, pipes,
pipe lines, penstocks and other works under and over any
land, water courses, railroads and street or electric railways
and public or other ways in the city and in the towns of
Shrewsbury, Millbury and Grafton in such manner as not
unnecessarily to obstruct the same ; and for the purpose of
constructing, laying, maintaining, operating and repairing
such aqueducts, conduits, pipes, penstocks and other works,
and for all other purposes of this act the city may dig up or
raise and embank any such lands, or public or other ways
in such manner as to cause the least hindrance to public
travel thereon; provided, that any public way in the towns
of Shrewsbury, Millbury and Grafton, or any of said towns,
in which work is done under the provisions of this act shall
be restored by the city to a condition satisfactory to the
board of selectmen of the town of Shrewsbury, Millbury or
Grafton, as the case may be, in the case of works constructed
in any of said towns. The city shall not enter upon, con-
struct or lay any aqueducts, conduits, pipes, pipe lines,

498 Acts, 1935. — Chap. 431.

penstocks or other works within the location of any rail-
road corporation except at such times and in such manner
as it may agree upon with such corporation, or, in case of
failure so to agree, as may be approved by the department
of public utilities.

Section 3. The taking of land or other property under
this act may be permanent or temporary and shall be in ac-
cordance with said chapter seventy-nine of the General
Laws, except that —

(a) The city need make no award of damages for in-
juries sustained by any person or municipality on account
of any taking of water or water rights.

(6) The notice required by section eight of said chapter
seventy-nine need not be given in case of a taking of water
or water rights.

(c) Petitions for the assessment of damages under section
fourteen of said chapter seventy-nine may be filed within
two years after the right to such damages has vested, with-
out any extension of time by reason of failure to receive
notice under section eight thereof or otherwise.

(d) The city shall, within thirty days after making any
taking, cause a copy of the order of taking to be printed in
full in one or more daily or weekly newspapers published
in the county in which the lands affected are situated, or, in
the case of a taking of water or water rights, in the county
in which the point of diversion is situated.

(e) An owner of land or other property taken shall, upon
request made within six months of the taking, be furnished
within thirty days of such request with a plan or descrip-
tion of his land or other property taken.

(/) The city may, by vote of its city council, incorpo-
rated in the order of taking, determine the amount of water
to be taken and appropriated under this act, and no water
shall be released from Lake Quinsigamond, Flints and
Hovey ponds, except in the case of repairing dams or a simi-
lar emergency, in a manner which will lower the water in
these ponds to an elevation more than one and one half feet
below the center of the brass bolt located in the westerly
vertical wall of the waste way in Hovey dam, which bolt
has been determined by the department of public works to
be at elevation 359.43 mean sea level datum plane, and the
center of said brass bolt is hereby designated as the "high-
water mark" in said Lake Quinsigamond, Flints and Hovey
ponds, and one and one half feet below the center of said
brass bolt is hereby designated as the "low-water mark" in
said lake and said ponds.

Section 4. Any person or municipality sustaining
damage in his or its property by the taking of land, water,
water rights, easement or other property, or by the entry
upon or the use of any property, or by the making of any
change of grade, layout, construction, alteration, discon-
tinuance of way, or by anything done by the city under
authority of this act, shall be entitled to recover the same

Acts, 1935. — Chap. 431. 499

from the city under said chapter seventy-nine; provided,
that the right to any damages for the taking of any water,
water right or any injury thereto shall not vest until water
is actually withheld or diverted under such taking. Dam-
ages for the temporary use or injury to property may, on the
request of the petitioner, be assessed by monthly payments,
to be continued so long as the property is used or injured.

Section 5. The city may enter upon any lands for the
purpose of making surveys, test pits and borings, and may
take or otherwise acquire the right to occupy temporarily
any lands necessary for the construction of any works or for
any other purpose authorized by this act.

Section 6. If the city shall under authority of this
act construct any reservoir in such manner as to flow any
existing public way, it shall raise the way to such grade as
will make it reasonably safe and convenient for travel, or
shall build in place of any part of said way so flowed another
suitable way, which shall thereafter be a public way, with
all necessary fences and culverts ; provided, that any work
performed by the city under authority of this section in any
other city or town shall be performed to the satisfaction of
the city council or board of selectmen thereof.

Section 7. The city, with the advice and approval of
the department of public works and the department of pub-
lic utilities, may sell at public or private sale, or may ex-
change, any real property, or any easements taken or ac-
quired under authority of this act by eminent domain or
otherwise, and no longer needed for works under its charge,
or may from time to time lease any such property not then
so needed; and may, in its discretion, by lease, license or
other agreement, permit the construction and maintenance
on any such land under its control of towers, poles, wires
and other structures for the purpose of transmitting electric
power over lands and water of the city held under this act;
provided, that in the opinion of the said departments such
lease, license or agreement will not afTect or interfere with
the proper storage of water in Lake Quinsigamond, Flints
and Hovey ponds; and provided, further, that the city may
revoke or cancel any such lease, license or agreement for
cause to be determined by it, with the approval of said
departments.

Section 7A. Whoever wilfully diverts or releases any
water taken or held under this act, or injures any structure,
work or other property owned, held or used by the city
under authority of this act, shall be punished by a fine not
exceeding one hundred dollars.

Section 8. The supreme judicial court or any justice
thereof and the superior court or any justice thereof shall
have jurisdiction in equity to enforce the provisions of this
act and of any rule, regulation or any order made by the
city in conformity therewith. Proceedings to enforce any
such order shall be instituted and prosecuted by the district
attorney of the middle district upon the request of the city.

500 Acts, 1935. — Chap. 432.

Section 9. The city shall manage, improve and control
the land and other property taken or otherwise acquired
under the provisions of this act, and may prohibit all per-
sons from entering in, upon or over the waters of any
reservoirs constructed under authority of this act or upon
any lands taken or acquired by the city hereunder. The
city shall execute, superintend and direct the performance
of all the works, matters and things constructed or done
under authority of this act. All the authority granted to
the city by this and the preceding sections of this act shall
be vested in the department selected by the city government
of Worcester.

Section 10. For the purposes set forth in this act, the
city may borrow from time to time, within a period of five
years from the passage of this act, such sums as may be
necessary, not exceeding, in the aggregate, sixty thousand
dollars, and may issue bonds and notes therefor, which shall
bear on their face the words "City of Worcester, Lake Quin-
sigamond Loan, Act of 1935". Each authorized issue shall
constitute a separate loan, and such loans shall be payable
in not more than thirty years from their dates. Indebted-
ness incurred under this act shall, except as herein provided,
be subject to chapter forty-four of the General Laws.

Section 11. The city shall at the time of authorizing
said loan or loans provide for the payment thereof in ac-
cordance with section ten, and when a vote to that effect
has been passed, a sum which, together with the income
derived from the leases made under authority of this act,
will be sufficient to pay the annual expense of operating its
works and interest as it accrues on the bonds or notes issued
as aforesaid by the city, and to make such payments on the
principal as may be required under the provisions of said
section ten, shall, without further vote, be assessed by the
assessors of the city thereafter in the same manner as other
city taxes, until the debt incurred by said loan or loans is
extinguished.

Section 12. Nothing in this act shall be construed as
affecting in any way the provisions of chapter ninety-one
of the General Laws.

Section 13. This act shall take full effect upon its ac-
ceptance, prior to July first, nineteen hundred and thirty-
six, by a majority vote of the city council of the city of
Worcester, but not otherwise. Approved July 19, 1935.

Chap. 4:32 ^n Act relative to the pensioning of laborers in the

EMPLOY OF THE CITY OF LOWELL.

Be it enacted, etc., as follows:

Section 1. Section one of chapter sixty-one of the acts
of nineteen hundred and thirty is hereby amended by adding
at the end thereof the following new sentence : — The word
"laborer", as used in this section shall include foremen,
mechanics, craftsmen and chauffeurs.

Acts, 1935. — Chaps. 433, 434. 501

Section 2. This act shall take effect upon its accept-
ance during the current year by vote of the city council of
the city of Lowell, subject to the provisions of its charter.

Approved July 19, 1935.

An Act providing an additional assistant district at- Qhn^ 433

TORNEY FOR THE EASTERN DISTRICT, AND ESTABLISHING ^'

HIS SALARY.

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

Be it enacted, etc., as follows:

Section 1. Section fourteen of chapter twelve of the o. l. (Ter.
General Laws, as most recently amended by chapter two ftcil'amendld.
hundred and nine of the acts of the current year, is hereby
further amended by striking out the paragraph contained
in the seventh and eighth lines, as appearing in the Ter-
centenary Edition, and inserting in place thereof the fol-
lowing new paragraph: —

For the eastern district, four assistant district attorneys. Eastern

Section 2. Section sixteen of said chapter twelve, as so fntTin.' ^^*'^*"
appearing, is hereby amended by striking out the paragraph g. l. (Ter.
contained in the ninth to eleventh lines, inclusive, and in- fmeAded.^ ^^'
serting in place thereof the following new paragraph : —

For the eastern district, one assistant, thirty-six hundred Salaries.
dollars; one assistant, three thousand dollars; two as-
sistants, twenty-four hundred dollars.

Approved July 19, 1935.

An Act providing for an additional judge of probate C/ia??. 434

FOR THE COUNTY OF HAMPDEN.

Be it enacted, etc., as follows:

Section 1. Section one of chapter two hundred and g. l. (Ter.
seventeen of the General Laws, as appearing in the Ter- Amended.' ^ ^
centenary Edition, is hereby amended by striking out the
word "and" in the first line and inserting in place thereof a
comma, — and by inserting after the word "Worcester"
in the second line the words: — and Hampden, — so as to
read as follows: — Section 1. In each county except Suf- One judge of
folk, Middlesex, Essex, Worcester and Hampden, there shall ^eTta^n^ ^^
be one judge of probate and insolvency, in this chapter counties,
called the judge of probate.

Section 2. Section two of said chapter two hundred g. l. (Ter.
and seventeen, as most recently amended by chapter two ^tcil'amlAded'.
hundred and ninety of the acts of nineteen hundred and
thirty-four, is hereby further amended by striking out, in
the fourth line, the word "and" and inserting in place thereof
a comma, — and by inserting after the word "Worcester"

502 Acts, 1935. — Chap. 435.

in the same line the words : — and Hampden, — so as to
Two and three read as follows: — Section 2. There shall be three judges
tarn coiitiM' of probate in the county of Suffolk and two judges of pro-
bate in each of the counties of Middlesex, Essex, Worcester
and Hampden. The senior judge shall be the first judge
in each county, to whom, and to his successors, all bonds
required by law to be given to the judge of probate for said
counties shall be made payable. The probate court and
the court of insolvency for said counties may be held by
one or both of the judges, and, when so held, shall have and
exercise all the powers and jurisdiction committed to the
respective courts. The judges shall so arrange the per-
formance of their duties as to insure a prompt and punctual
discharge thereof. The judges may perform each other's
duties when necessary or convenient. Simultaneous ses-
sions of the courts in said counties may be held if public
convenience requires. Citations, orders of notice and all
other processes issued by the register of probate and insol-
vency, in this chapter called the register, for any of said
counties, shall bear teste of the first judge of said court.
Deposits or investments made in the name of the judge of
probate shall be in the name of the first judge of the court,
and shall be subject to the order of the court.

Approved July 19, 1985.

Chap. 435 ^^ ^^t further regulating the entrance or discharge

OF SEWAGE OR OTHER INJURIOUS MATTER INTO LAKE QUIN-
SIGAMOND AND FLINTS AND HOVEY PONDS,

Be it enacted, etc., as follows:

Section 1. The Lake Quinsigamond Commission, estab-
lished by chapter two hundred and ninety-four of the Special
Acts of nineteen hundred and sixteen, hereinafter called the
commission, is hereby authorized and directed to prohibit
the entrance or discharge of sewage into Lake Quinsiga-
mond or into Flints pond or Hovey pond, or all of them, or
into any tributaries to said lake and to said ponds, or any of
them, in the county of Worcester, and to prohibit the en-
trance or discharge therein of any substance which by
itself or in combination with any other substance might be
injurious to the public health or might tend to create a pub-
lic nuisance or to fill in said lake or said ponds or to obstruct
the flow into or from said lake or said ponds, including all
waste or refuse from any dwelling, building, factory or
other establishment, unless the owner or occupant, or both,
thereof, in the opinion of the commission, use the best
practicable and reasonably available means to render such
waste or refuse harmless. The commission shall consult
and advise with the owner or occupant of any such dwell-
ing, building, factory or other establishment at his request
or of its own motion as to the best practicable and rea-
sonably available means of rendering the waste or refuse

Acts, 1935. — Chaps. 436, 437.

503

therefrom harmless, and the department of pubhc health
shall, upon request, advise the commission as to methods
of treating any sewage, waste, or refuse. For the purposes
of this section said commission may make orders, rules and
regulations.

Section 2. Whoever refuses or neglects to comply with
any such order or violates any provision of such rules and
regulations shall be punished by a fine not exceeding one
hundred dollars.

Section 3. The supreme judicial court or any justice
thereof and the superior court or any justice thereof shall
have jurisdiction in equity to enforce the provisions of this act
and of any rule, regulation or order made by the commission
in conformity therewith. Proceedings to enforce any such
order shall be instituted and prosecuted by the district
attorney of the middle district upon the request of the com-
mission.

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

Approved July 22, 1935.

G. L. (Ter.
EdJ, 62. § 6,
amended.

Deductions
from certain
income.

An Act relative to certain deductions from income (Jfidj) 435

RECEIVED FROM PROFESSIONS, EMPLOYMENT, TRADE OR ^'

BUSINESS UNDER THE INCOME TAX LAWS.

Be it enacted, etc., as follows. •

Section 1. Section six of chapter sixty-two of the
General Laws, as appearing in the Tercentenary Edition, is
hereby amended by striking out clause (g) and inserting in
place thereof the following: —

(g) An amount equal to five per cent of the assessed value,
less the amount of all mortgages thereon, of the stock in
trade and other tangible property, real and personal, except
such ships and vessels as are described in section eight of
chapter fifty-nine, owned by the person taxed and used or
employed in the profession, employment, trade or business
within the commonwealth, on the day as of which such
property is assessed in the year for which the income is com-
puted ; but this deduction shall be allowed only from gross
income, as defined in this section, exclusive of gains from
the sale of capital assets.

Section 2, This act shall take effect as of January first, Effective date,
nineteen hundred and thirty-five.

Approved July 22, 1985.

An Act relative to the sentencing and removal to the QliQ/n 437
state prison of persons convicted of capital crimes.

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter one hundred and
twenty-five of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by adding at the end
the following new sentence: — Said prison shall also be used
for the detention of persons who have been sentenced to the

G. L. (Ter.
Ed.). 125. i 11,
amended.

504

Acts, 1935. — Chap. 437.

Purposes of
state prison.

G. L. (Ter.
Ed.), 279,
§ 3A, etc.,
amended .

Expedition
of sentence.

G. L. (Ter.
Ed.), 279, §4,
etc , amended.

Sentence
notwithstand-
ing appeal.

punishment of death, — so as to read as follows : — Sec-
tion 11. The state prison at Boston shall be the general
penitentiary and prison of the commonwealth where all
male persons convicted of crime in a court of the common-
wealth or in any court of the United States and sentenced
by them according to law to solitary imprisonment and con-
finement in the state prison at hard labor shall be securely
confined and employed at hard labor; but a person con-
victed and sentenced before a court of the United States
need not be received in said prison unless the United States
shall agree with the commissioner to pay all expenses in-
curred by the commonwealth in maintaining him therein.
Said prison shall also be used for the detention of persons
who have been sentenced to the punishment of death.

Section 2. Section three A of chapter two hundred
and seventy-nine of the General Laws, as amended by sec-
tion two of chapter fifty of the acts of the current year, is
hereby further amended by adding at the end thereof the
following : — ; provided, that nothing herein shall preclude
the district attorney from again making such a motion in
any case where the imposition of sentence is delayed under
section forty-seven, — so as to read as follows : — Section
3 A. Not later than seven days after a plea of guilty or
after a verdict of guilty and in any event before adjourn-
ment of the sitting at which such plea or verdict has been
taken and recorded in a case of felony wherein no question
of law has been reported for decision by the supreme judicial
court, the district attorney shall move for sentence; pro-
vided, that nothing herein shall preclude the district at-
torney from again making such a motion in any case where
the imposition of sentence is delayed under section forty-
seven.

Section 3. Said chapter two hundred and seventy-
nine is hereby further amended by striking out section four,
as amended by section three of said chapter fifty, and insert-
ing in place thereof the following: — Section 4- Sentence
shall be imposed upon conviction of a crime, except as other-
wise provided in section forty-seven in case of a conviction
of a capital crime, although exceptions have been alleged
or an appeal taken. If sentence is imposed upon convic-
tion of a crime not punishable by death, the reservation,
fihng or allowance of exceptions or the entry of an appeal
shall not stay the execution of the sentence unless the jus-
tice imposing it, or a justice of the supreme judicial court,
files a certificate that in his opinion there is reasonable
doubt whether the judgment should stand; and if execution
of sentence is so stayed, the justice may at the same time
make an order relative to the custody of the prisoner or for
admitting him to bail.

If sentence is imposed upon conviction of a crime pun-
ishable by death, the justice imposing the sentence shall at
the same time stay the execution of the sentence, such' stay
to be effective until revoked by the superior court, which is

Acts, 1935. — Chap. 437.

505

hereby granted full powers of revocation in the premises.
The clerk of such court shall, forthwith upon the revocation
by the court of any such stay of execution of sentence upon
a male convict, certify that said stay has been revoked and
cause said certificate to be served upon the warden of the
state prison, or the officer performing his duties, by any
officer qualified to serve criminal process; and the officer
serving the same shall forthwith make due return of service
to the clerk.

Section 4. Said chapter two hundred and seventy-
nine is hereby further amended by striking out section forty-
three, as amended by section four of said chapter fifty, and
inserting in place thereof the following: — Section 43. Im-
mediately upon the pronouncing of the sentence of death
upon a male person convicted of a capital crime, and imme-
diately upon the revocation under section four of the stay
of execution of such a sentence pronounced upon a female
so convicted, the clerk shall make out, sign and deliver to
the sheriff of the county where the conviction is had a war-
rant under the seal of the court stating the conviction and
sentence, and that a stay of execution of the sentence has
been granted under section four and, in the case of a female
convict, that such stay has been revoked under said section,
and shall at the same time transmit to the warden of the
state prison a certified copy of the warrant. Such warrant
shall be directed to said warden commanding him to cause
execution to be done in accordance with the provisions of
such sentence. The clerk of the court shall, upon revoca-
tion under section four of the stay of execution of the sen-
tence, make out and deliver to the governor a certified copy
of the whole record of the conviction and sentence, includ-
ing any rescripts from the supreme judicial court.

Section 5. Said chapter two hundred and seventy-
nine is hereby further amended by striking out section
forty-four, as amended by section five of said chapter fifty,
and inserting in place thereof the following: — Section 44-
The sheriff of the county in a jail whereof a convict sen-
tenced to the punishment of death is confined, or a deputy
designated by the sheriff, within seven days after the im-
posing of such sentence in the case of a male convict or
within ten days after receipt by the sheriff of the warrant
for the execution of such a sentence in the case of a female
convict, shall, at a time chosen by the sheriff, convey such
male or female convict, as secretly as may be, to the state
prison and deliver him or her, with the warrant in either
case, to the warden thereof or to the officer performing his
duties. Within ten days after service on said warden or
officer performing his duties of a certificate of the clerk of
the court of the revocation under section four of the stay of
execution of such a sentence in the case of a male convict,
and upon her delivery to the state prison as aforesaid in
the case of a female convict, such convict shall forth-
with be placed in a cell provided for the purpose and shall

G. L. (Ter.
Ed.), 279,
§ 43, etc.,
amended.

Appointment
of time for
execution of
death
sentence.

G. L. (Ter.
Ed.), 279,
§ 44, etc.,
amended.

Confinement
of prisoner
under
sentence.

506

Acts, 1935. — Chap. 437.

G. L. (Ter.

Ed.). 279.

§ 45, amended.

Sentence,
when executed.

Rei>eal.

Effective date.

thereafter be kept therein until the sentence of death is
executed upon him or her, and no person shall be allowed
access to him or her without an order of the court, except
the officers and employees of the prison, his or her counsel,
and such physicians, priest or minister of religion as the
warden may approve, and the members of his or her family
who are identified to the satisfaction of the warden. If
the execution of the sentence of death is respited by the
governor, or is otherwise delayed by process of law, the
convict may, in the discretion of the warden, be confined
in a cell used for solitary confinement. The superior court
may make any order relative to the custody of a person
confined in the state prison under this section in case he or
she is granted a new trial.

Section 6. Said chapter two hundred and seventy-
nine is hereby further amended by striking out section
forty-five, as appearing in the Tercentenary Edition, and
inserting in place thereof the following: — Section ^5. The
sentence of death shall be executed by the warden of the
state prison, or by a person acting under his direction, not
earlier than twenty days nor later than thirty days after
service upon said warden or officer performing his duties
of a certificate of the clerk of the court that the stay of the
execution of the sentence has been revoked under section
four, in the case of a male convict, or after her delivery to
the state prison as aforesaid, in the case of a female convict,
unless the governor pardons the crime, commutes the
punishment therefor or respites the execution or said
execution is otherwise delayed by process of law. If the
execution is respited or stayed by process of law, the sen-
tence of death shall be executed within the week beginning
on the day next after the day on which the term of respite
or stay expires. The sentence of death shall be executed
upon such day within the limits of time provided in this sec-
tion as the warden elects, at some time between midnight
and sunrise; but no previous announcement thereof shall
be made, except to such persons as may be permitted to be
present.

Section 7. Sections one and six of said chapter fifty
are hereby repealed.

Section 8. This act shall take effect on October first of
the current year and shall apply only in case of persons
convicted of capital crimes committed on or after said
October first. Notwithstanding the provisions of this act,
the provisions of law effective as to a capital crime com-
mitted before said October first shall continue in effect
thereafter with respect to such crime.

Approved July 22, 1935.

Acts, 1935. — Chap. 438.

507

G. L. (Ter.
Ed.), 62, new
sections 7A and
7B, added.

Taxes on
income from
property taken
for public
purposes.

Abatement.

An Act relative to the income taxation of gains from Chav. 43S

CERTAIN TRANSACTIONS IN REAL PROPERTY.

Be it enacted, etc., as follows:

Section 1. Chapter sixty-two of the General Laws is
hereby amended by inserting after section seven, as appear-
ing in the Tercentenary Edition, the following two new
sections: — Section 7 A. Gains accruing to a person from
the taking by eminent domain or purchase by the common-
wealth, or by any political subdivision thereof, of real prop-
erty for public purposes, provided such person acquired
the same bj'' purchase within a period of one year prior to
such taking or purchase, shall be taxed at the rate of fifty
per cent. Proceeds of taxes received under this section
shall, in case the damages or price for such taking or pur-
chase was paid by a county, city, town or district, be re-
mitted by the state treasurer to such county, city, town or
district within such time as the commissioner may deter-
mine; otherwise such proceeds shall be retained by the
commonwealth.

Section 7B. A tax levied under the preceding section
shall be abated by the commissioner within the time limited
by section forty-three, or within such further time as the
commissioner may allow, if he is satisfied that the person
assessed purchased said real estate as aforesaid without
knowledge or expectation of its contemplated use for public
purposes.

Section 2. Section eighteen of said chapter sixty-two,
as most recently amended by section seven of chapter three
hundred and fifty of the acts of nineteen hundred and
thirty-three, is hereby further amended by inserting at the
beginning thereof the words: — Except as provided in sec-
tion seven A, — so as to read as follows: — Section 18.
Except as provided in section seven A, the state treasurer
shall, on or before April fifteenth in each year, distribute
the amounts of taxes on incomes under chapter sixty-two
theretofore collected by the commonwealth to the several
cities and towns in proportion to the amounts of the last
preceding state tax imposed upon them, and shall, on or before
November twentieth in the same year, distribute to such
cities and towns in the same proportion the balance of such
taxes collected after said April fifteenth, after deducting a
sum sufiicient to reimburse the commonwealth for the
expenses incurred in the collection and distribution of said
income taxes and for such of said taxes as have been re-
funded under said chapter sixty-two or section twenty-
seven of this chapter during said year, together with any
interest or costs paid on account of refunds, which shall be
retained by the commonwealth, and after deducting also a
sufficient sum to be distributed under Part I of chapter
seventy.

Section 3. Said chapter sixty-two is hereby further G.L.jjer.

^ >> •' Ed.), 62, new

G. L. (Ter.
Ed.), 62, § 18,
etc., amended.

Distribution
of income
taxes.

508

Acts, 1935. — Chap. 439.

section 25 A,
added.

Return to
be filed.

amended by inserting after section twenty-five, as appear-
ing in the Tercentenary Edition, the following new section:
— Section 25 A. Every person who during the preceding
year has received any income taxable under section seven A
shall file a return thereof with the commissioner. Except
as herein provided, the provisions of sections twenty-two to
thirty-two, inclusive, shall apply to such a return.

Approved July 22, 1935.

G. L. (Ter.
Ed.), 94, new
sections 270A
and 270B,
added.

Sterilization of
feathers, regu-
lation of
business in.

C/iap. 439 An Act providing for the sterilization of feathers,

DOWN and second HAND MATERIAL INTENDED FOR USE
IN THE MANUFACTURE OF ANY ARTICLE OF BEDDING OR OF
UPHOLSTERED FURNITURE.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby
amended by inserting after section two hundred and
seventy, as appearing in the Tercentenary Edition, the two
following new sections: — Section 270 A. No person shall
maintain an establishment for the sterilization of feathers
or down or any material intended for use for filling in the
manufacture of any article of bedding or of upholstered
furniture without a license from the department of public
health. Any person desiring such a license may make
written application to said department, stating the location
of the establishment and furnishing such other information
as may be required by the rules and regulations for the en-
forcement of this section and section two hundred and
seventy B, which said department is hereby authorized to
make. Upon receipt of the apphcation, the department
shall cause an examination of the establishment to be made
and if the establishment is in accordance with said rules and
regulations and properly equipped to carry on such busi-
ness, said department upon receipt of a license fee of fifty
dollars shall cause a license to be issued to the applicant for
one year. If any such establishment is deemed by said
department to be operated or maintained in violation of said
rules and regulations, said department shall close such
establishment until such time as it has been put in a condi-
tion to conform with the requirements of this section, and
said department may suspend the license if the required
changes are not made within a reasonable time. Any
member or duly authorized employee of said department
may enter at any reasonable time any such establishment
and any factory, shop, warehouse, store or other place where
such material is manufactured, or stored for sale, and may
take therefrom samples of such material for the purpose of
examination or of evidence. Whoever violates any provi-
sion of this section, or of the rules and regulations made
hereunder, shall for the first offence be punished by a fine
of not less than twenty-five dollars nor more than one hun-
dred dollars, and for a subsequent ofi'ence by a fine of not
less than fifty nor more than three hundred dollars.

License.
Rules and
regulations.

Acts, 1935. — Chap. 440. 509

Section 270B. Whoever uses in the manufacture of any Penalty.
article of bedding or of upholstered furniture any material
for filling which has been previously actually in use as a
part of a manufactured article or any feathers or down
unless such material, feathers or down has been sterilized
in accordance with said rules and regulations of said depart-
ment shall be punished by a fine of not more than two
hundred dollars or by imprisonment for not more than one
month, or both. Approved July 22, 1935.

An Act making additional sundry changes in the laws i^r^„ aacx

RELATING TO ALCOHOLIC BEVERAGES. U Ala/? . -l^U

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared p'"^^'"'''^-
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and g.l. (Ter.
thirty-eight of the General Laws, as amended, is hereby ^tll'ameAded.
further amended by inserting after the word "weight" in
the eighteenth line, as appearing in section two of chapter
three hundred and seventy-six of the acts of nineteen hun-
dred and thirty-three, the following new paragraph : —

"Alcohol", all alcohol other than denatured alcohol or "Aicohor-
alcohol described in section three hundred and three A of defined.
chapter ninety-four.

Section 2. Said chapter one hundred and thirty-eight g. l. (Ter
is hereby further amended by striking out section two, as etc!, 'amended'.
amended, and inserting in place thereof the following: —
Section 2. No person shall manufacture, with intent to sell, Regulation of
sell or expose or keep for sale, store, transport, import or facture or^*^"'
export alcohoHc beverages or alcohol, except as authorized beTe^rages. etc.
by this chapter; but the provisions of this chapter shall not
apply to sales, storage or transportation by a person or pub-
lic officer under a provision of law which requires him to sell
personal property, or to sales, storage or transportation by
executors, administrators, receivers and trustees duly au-
thorized by proper judicial order or decree. Assignees
under any voluntary assignment for the benefit of creditors
to whom any alcoholic beverage or alcohol is so assigned,
and insurers and their agents in disposing of alcoholic bever-
ages or alcohol damaged by fire or other casualty may, if
authorized by a special permit of the commission, sell, store
and transport such alcoholic beverage or alcohol. Any
holder of a license under this chapter may pledge or mort-
gage to secure a loan or debt any alcoholic beverages or
alcohol which he is authorized to sell and the pledgee or
mortgagee acting in conformity with the terms of such
pledge or mortgage may sell, store and transport such alco-
holic beverages or alcohol subject to such conditions and
restrictions as the commission may prescribe; provided,

510

Acts, 1935. — Chap. 440.

G. L. (Ter.
Ed.). 138, § 3.
etc., amended.

Provisions not
applicable to
private use.

G. L. (Ter.
Ed.), 138, § 7,
etc., amended.

Board to be
provided
with office.

G. L. (Ter.
Ed.), 138,
i 10, etc.,
amended.

Certain cities
exempt from
operation of
certain
sections.

that no such pledge or mortgage shall be given or made to a
person holding any interest in a business licensed under this
chapter. Violation of any provision of this section shall be
punished except as provided in section twenty-two by a fine
of not less than one hundred nor more than one thousand
dollars or by imprisonment for not more than one year, or
both.

Section 3. Section three of said chapter one hundred
and thirty-eight, as appearing in said section two of said
chapter three hundred and seventy-six, is hereby amended
by inserting after the word "manufacture" in the first and
second lines the words : — or storage, — so as to read as
follows: — Section 3. This chapter shall not apply to the
manufacture or storage of alcoholic beverages by a person
for his own private use or to sales of cider at wholesale by the
original makers thereof, or to sales of cider by farmers, not
to be drunk on the premises, in quantities not exceeding in
the aggregate the product of apples raised by them in the
season of, or next preceding, such sales, or to sales of cider
in any quantity by such farmers not to be drunk on the
premises if such cider does not contain more than three per
cent of alcohol by weight at sixty degrees Fahrenheit;
nor shall this chapter apply to sales of cider by the original
makers thereof other than such makers and farmers selling
not to be drunk on the premises as aforesaid, if the cider
does not contain more than three per cent alcohol as afore-
said, not to be drunk on the premises as aforesaid.

Section 4. Section seven of said chapter one hundred
and thirty-eight, as so appearing, is hereby amended by
inserting after the word "printing" in the sixth line the
word : — , traveling, — so as to read as follows : — Section
7. Each city which has such a board shall provide it with
suitable rooms, properly furnished, heated and lighted, shall
pay such salaries as the city council, subject to the approval
of the mayor, may from time to time establish, and shall
also pay all expenses incurred by said board for blank books,
printing, traveling and other necessary expenses approved
by said board.

Section 5. Section ten of said chapter one hundred and
thirty-eight, as so appearing, is hereby amended by striking
out the comma in the seventh line and inserting in place
thereof the word : — or, — and by striking out all after the
word "city" in the fifteenth Une, — so as to read as follows:
— Section 10. The following cities shall be exempt from
the operation of the six preceding sections: First, cities
having a licensing board or commission created by special
statute or under the provisions of a charter. Second, other
cities not having a board appointed under the earlier provi-
sions of law antecedent to and corresponding with the provi-
sions of section four or under section three of chapter one
hundred and twenty of the acts of nineteen hundred and
thirty-three, but if any such city hereafter, at a biennial
state election, votes to authorize the granting of Hcenses for

Acts, 1935. — Chap. 440.

511

the sale of any alcoholic beverage the board shall, there-
upon, not later than the thirty-first day of December
following said election, be appointed for such city as above
provided, and the provisions of the six preceding sections
shall thereafter apply to said city.

Section 6. Section eleven A of said chapter one hun-
dred and thirty-eight, as amended, is hereby further
amended by striking out the last paragraph; but nothing
in this section shall affect any action heretofore taken under
said paragraph.

Section 7. Section twelve of said chapter one hundred
and thirty-eight, as most recently amended by sections two,
three and four of chapter two hundred and fifty-three of the
acts of the current year, is hereby further amended by strik-
ing out the first paragraph and inserting in place thereof
the following: — A common victualler duly licensed under
chapter one hundred and forty to conduct a restaurant, an
innholder duly licensed under said chapter to conduct a
hotel and a keeper of a tavern as defined by this chapter,
in any city or town wherein the granting of licenses to sell
all alcoholic beverages or only wines and malt beverages,
as the case may be, is authorized by this chapter, subject,
however, in the case of a tavern, to the provisions of sec-
tion eleven A, may be licensed by the local licensing au-
thorities, subject to the prior approval of the commission,
to sell to travelers, strangers and other patrons and cus-
tomers not under twenty-one years of age, such beverages
to be served and drunk, in case of a hotel or restaurant
licensee, only in the dining room or dining rooms and in such
other public rooms or areas of a hotel as the local licensing
authorities may deem reasonable and proper, and approve
in writing; provided, that no tavern license shall be granted
to the holder of a hotel license hereunder. Such sales may
also be made, by an innholder licensed hereunder, to regis-
tered guests occupying private rooms in his hotel. Upon an
application for a restaurant license, the local licensing
authorities may in their discretion grant such a license
authorizing the sale of alcoholic beverages on all days of the
week or one authorizing such sale on secular days only, and
the decision of such authorities as to which of the two types
may be granted upon any particular application shall be
final. During such time as the sale of such alcoholic
beverages is authorized in any city or town under this chap-
ter, the authority to grant innholders' and common victual-
lers' licenses therein under chapter one hundred and forty
shall be vested in the local licensing authorities.

Section 8. Said section twelve of said chapter one
hundred and thirty-eight is hereby further amended by
striking out the third paragraph, as appearing in section
three of chapter three hundred and eighty-five of the acts of
nineteen hundred and thirty-four, and inserting in place
thereof the following : —

The local licensing authorities may determine in the first

G. L. (Ter.
Ed.), 138,
§ llA, etc.,
amended.
Submission to
voters of license
questions.

G. L. (Ter.
Ed.;, 138, § 12,
etc., amended.

Granting of
licenses.

G. L. (Ter.
Ed.), 138, § 12,
etc., further
amended.

Same subject.

512 Acts, 1935. — Chap. 440.

instance, when originally issuing and upon each annual
renewal of licenses under this section, the amount of the
license fee, in no case less than two hundred and fifty nor,
except as hereinafter provided, more than seven hundred
and fifty dollars for a tavern license or twenty-five hundred
dollars for any other license under this section for the sale
of all alcoholic beverages, and in no case less than one hun-
dred dollars, nor, except as hereinafter provided, more than
five hundred dollars for a tavern license or one thousand
dollars for any other license under this section for the sale
of wines and malt beverages, or either; provided, that the
minimum license fee in the case of a club license for the
sale of all alcoholic beverages shall be one hundred dollars;
and provided, further, that nothing herein shall prevent
such authorities from estabUshing license fees differing in
amounts within the limitations aforesaid for restaurant
licenses authorizing the sale of alcoholic beverages on all
days of the week and for restaurant licenses authorizing
such sale on secular days only. If different hcense fees
are so established the fee for hcenses authorizing the sale of
alcoholic beverages on all days of the week shall not be
more than twenty-five per cent higher than the fee for
licensing such sale on secular days only. Before issuing a
license to any applicant therefor under this section, or before
a renewal of such license, the local licensing authorities
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 one 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.
G. L. (Ter. SECTION 9. Said scctiou twelve, as so amended, is

^tc'^fuHher ^^' hereby further amended by striking out the next to the last
amended. paragraph.

Same subject. SECTION 10. Said chaptcr one hundred and thirty-eight
Ed.t.' ill!^'} 13. is hereby further amended by striking out section thirteen,
etc.. amended, ^s amended by section four of said chapter three hundred
and eighty-five, and inserting in place thereof the follow-
Licenses to ing: — Sectiou 13. A railroad or car corporation operating
'Matufnretc ^^^ ^^^ ^^ railroad or furnishing refreshments upon rail-
road cars within the commonwealth may sell, in any dining,
club, buffet or lounge car, alcoholic beverages to be drunk
in such cars, if the commission sees fit to issue a license to
such railroad or car corporation. The fee for each license
under this section shall be one hundred dollars and for
each certified copy thereof one dollar. The commission
may also issue licenses to sell alcoholic beverages to the
owner or operator of any vessel or shipping company carry-
ing passengers and operating out of any port of the com-
monwealth. Sales of alcoholic beverages by licensees under
this section shall be made only under such regulations as
the commission may prescribe. The annual license fee for
each vessel shall be one hundred dollars. No other license

Acts, 1935. — Chap. 440.

513

shall be required under this chapter for sales as authorized
under this section.

Section 11. Section fourteen of said chapter one hun-
dred and thirty-eight, as amended by section three of
chapter three hundred and seventy of the acts of nineteen
hundred and thirty-four, is hereby further amended by
adding at the end the following new paragraph : —

A license under this section shall not be granted to any
person while his apphcation for a license under section
twelve is pending before the hcensing authorities.

Section 12, Section fifteen of said chapter one hun-
dred and thirty-eight, as amended, is hereby further
amended by striking out the first paragraph and inserting
in place thereof the following : — The local licensing au-
thorities in any city or town which votes to authorize the
granting of licenses for the sale of all alcoholic beverages,
and such authorities in any city or town which votes to
authorize the granting of licenses for the sale of wines and
malt beverages only, may grant licenses for the sale at
retail of such alcoholic beverages or wines and malt bever-
ages, as the case may be, not to be drunk on the premises,
to applicants therefor who are citizens and residents of the
commonwealth, or partnerships composed solely of such
citizens and residents or to corporations organized under the
laws of the commonwealth and whereof all directors shall be
citizens of the United States and a majority residents of
the commonwealth. No person, firm, corporation, asso-
ciation, or other combination of persons, directly or indi-
rectly, 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 a town or two in a city. No such license shall be
granted except to an appUcant approved by the commission.
Each license shall describe the premises to which it applies.
Not more than one location shall be included in any such
license, nor shall any location or premises for which a
license has been granted under section twelve be included
therein or connected therewith. Every licensee hereunder
shall keep conspicuously posted in each room where any
alcohohc beverages are sold a price fist of such beverages
but shall not display any price list or matter relating to the
prices of beverages sold therein, in the windows or in any
other place where visible from outside the Ucensed premises.
Sales by such Ucensees shall be made only in the original
manufacturer's or wholesaler's and importer's package and
at the prices stated on the current posted price list. All
malt beverages containing not more than three and two
tenths per cent of alcohol by weight shall be so labelled.

Section 13. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section fifteen
A, inserted by section five of said chapter three hundred and
seventy, and inserting in place thereof the following : —

G. L. (Ter.
Ed.). 138, § 14,
etc., amended.

Special licenses.

G. L. (Ter.
Ed.), 138, 5 15,
etc., amended.

Licenses for
sale, etc., not
to be drunk on
the premises.

G. L. (Ter.
Ed.), 138,
J 15A, etc.,
amended.

514

Acts, 1935. — Chap. 440.

Publication of
application
for a license.

G. I-. (Ter.
Ed.), 138,
§ 16B, etc.,
amended.

Time within
which licenses
shall be
granted, etc.

G. L. (Ter.
Ed.). 138, § 17,
etc., amended.

Section 15 A. Local licensing authorities shall cause to
be published at the expense of the applicant a notice of
every application for a license under section twelve, fifteen
or thirty A within ten days after the receipt of such applica-
tion. Such notice shall be published at least once in a news-
paper published in the city or town in which the premises
whereon the license is intended to be exercised are situated,
or if no newspaper is published in such city or town, then
in some newspaper published in the county. The notice
shall set forth the name of the applicant in full, the kind
of license applied for, a particular description of the premises
on which the license is intended to be exercised, designating
the building or part of the building to be used and, if practi-
cable, the street and number. Notation of the time and
date of fiUng shall be made on all applications for such
licenses and no action shall be taken thereon by the local
licensing authorities until at least ten days after the last
publication of the notice. An affidavit of the person mak-
ing such publication on behalf of such authorities, together
with an attested copy of the notice published, shall be filed
in the office of such authorities, and a certified copy of such
affidavit shall be prima facie evidence that such notice has
been published in accordance with this section. If any
citizen of the city or town within which any such license is
issued makes complaint to the commission that such license
was granted without such previous publication, and after due
hearing it appears that such notice was not given as afore-
said, the commission shall revoke the license and give notice
of such revocation to the authorities issuing the license.

Section 14. Said chapter one hundred and thirty-
eight is hereby further amended by striking out section six-
teen B, as appearing in said section two of said chapter three
hundred and seventy-six, and inserting in place thereof the
following: — Section 16B. Appfications for licenses or
permits authorized to be granted by the commission shall
be granted or dismissed not later than thirty days after the
filing of the same, and, except as provided in section six-
teen A, applications for licenses authorized to be granted
by the local licensing authorities shall be acted upon within
a like period and if favorably acted upon by the said au-
thorities shall be submitted for approval by the commission
not later than three days following such favorable action.
A Hcense so approved shall be issued by said authorities
not later than three days following receipt of notice of
approval by the commission. Any applicant for a license
under this chapter who fails to comply with the require-
ments of section seventy within fourteen days after notice
that a license has been authorized to be granted to him shall
forfeit any right thereto, unless the licensing authorities to
which application was made otherwise determine.

Section 15. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section seven-
teen, as most recently amended by chapter eighty-one of

Acts, 1935. — Chap. 440. 515

the acts of the current year, and inserting in place thereof
the following : — Section 1 7. Except as otherwise provided i^J^^^®' °*
in this chapter, the number of licenses granted by the local
licensing authorities in any city or town under sections
twelve and fifteen shall not exceed in the aggregate one
for each population unit of one thousand or fraction thereof;
provided, that within said aggregate number the licensing
authorities may grant three licenses under section fifteen
in any city or town having a population of five thousand or
more but not exceeding fifteen thousand and may grant not
more than one license thereunder for each population unit
of five thousand or fraction thereof in any city or town
having a population of more than fifteen thousand; and
provided, further, that the licensing authorities in any town
may grant two licenses under section twelve and also two
licenses under section fifteen, irrespective of population;
and provided, further, that in the city of Boston Hcenses
under section twelve may be granted up to a total number
not exceeding one thousand and licenses under section fif-
teen up to a total number not exceeding three hundred and
fifty; and provided, further, that in any city or town which
has an increased resident population during the summer
months, the local licensing authorities may make an esti-
mate prior to April first in any year of such temporary
resident population as of July tenth following, a copy of
which estimate shall be transmitted forthwith to the com-
mission, and one additional license under section twelve,
to be effective from April first to November thirtieth only,
may be granted for each unit of one thousand or additional
fraction thereof of such population as so estimated, and
one additional license under section fifteen, to be effective
from April first to November thirtieth only, may be granted
for each unit of five thousand or additional fraction thereof
of such population as so estimated; and provided, further,
that said authorities may grant in addition and irrespective
of any limitation of number of licenses contained in this sec-
tion seasonal hcenses under section twelve to duly incor-
porated clubs in their city or town if deemed by them to
be in the pubHc interest.

Irrespective of the number of licenses that may otherwise
be granted as provided in this section, there may be granted
to legally chartered clubs in any city or town five licenses
under section twelve, and in any city or town having a
population exceeding twenty-five thousand one additional
license as aforesaid for each population unit of ten thou-
sand or fraction thereof over twenty-five thousand; but
the foregoing provision shall not prevent the granting of
additional Hcenses to such clubs, if within the number of
licenses that may be granted under section twelve in such
city or town as provided in this section. No license issued
under section twelve or fifteen for the sales of wines or malt
beverages only, or both, shall be included within the quota
of licenses limited by this section.

516

Acts, 1935. — Chap. 440.

G. L. (Ter.
Ed.). 138, § 18,
etc., amended.

Wholesalers'
and im-
porters'
licenses.

Unless expressly authorized by this chapter, local licens-
ing authorities shall not grant Hcenses to any person, firm
or corporation under more than one section of this chapter.

Section 16. Section eighteen of said chapter one hun-
dred and thirty-eight, as amended, is hereby amended
by striking out the first paragraph, as appearing in said
section two of said chapter three hundred and seventy-six,
and inserting in place thereof the following : — The com-
mission may issue to any individual who is both a citizen and
resident of the commonwealth and to partnerships com-
posed solely of such individuals, and to corporations organ-
ized under the laws of the commonwealth whereof all the
directors are citizens of the United States and a majority
thereof residents of the commonwealth, licenses as wholesalers
and importers (1) to sell for resale to other licensees under
this chapter alcoholic beverages manufactured by any manu-
facturer licensed under the provisions of section nineteen
and to import alcohohc beverages into the commonwealth
from other states and foreign countries for sale to such
licensees, or (2) to sell for resale wines and malt beverages
so manufactured to such licensees and to import as afore-
said wines and malt beverages for sale to such licensees.
Licenses may be granted under this section authorizing the
holders (a) to sell wines to be used for sacramental purposes
only, to any registered, regularly ordained priest, minister
or rabbi, or to any church or religious society, (b) to sell
alcohohc beverages to registered pharmacists holding certifi-
cates of fitness under section thirty, (c) to sell alcohohc
beverages as authorized by section twenty-eight, or (d) to
sell alcohol for use in the manufacture or preparation of
articles mentioned in section thirty-five of chapter one
hundred and twelve, or to sell alcoholic beverages for any or
all the purposes specified in this section. Importations of
beverages by any licensee under this section may be 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. Subject to such regulations as may be pre-
scribed by the commission, licensees under this section may
bottle, and may compound, rectify or blend, any alcoholic
beverages purchased by them in bulk, but such bottling,
including the sealing and labelling of the bottles, and such
compounding, rectifying and blending, shall be done only
upon such premises and under such conditions as the com-
mission shall approve. 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 more than one license throughout the common-
wealth under this section. The license fee for a license issued
under this section to sell and import all alcoholic beverages
shall be not less than two thousand nor more than five thou-
sand dollars. The license fee for a license issued under this

Acts, 1935. — Chap. 440.

517

section to sell and import wines and malt beverages only
shall be not less than five hundred nor more than twenty-
five hundred dollars; provided that the license fee for a
license issued under this section to sell wines for sacramental
use only shall not be less than two hundred and fifty nor
more than one thousand dollars.

Section 17. Section eighteen A of said chapter one g. l. (Xer.
hundred and thirty-eight, inserted by chapter three hundred j igX, etc..
and twelve of the acts of nineteen hundred and thirty-four, amended,
is hereby amended by striking out the first paragraph and
inserting in place thereof the following : — The commission Licenses for
may issue to any individual who is both a citizen and resi- of state^prln-
dent of the commonwealth, or to any partnership com- "ipais.
posed solely of such individuals, or to any corporation
organized under the laws of the commonwealth or organized
under the laws of any other state of the United States or of
any foreign country and admitted to do business in the
commonwealth, a license which shall authorize the licensee
to act as agent, broker or solicitor for any specified indi-
vidual, corporation or partnership in another state or foreign
country engaged in the business of manufacturing, import-
ing or selling alcoholic beverages, hereinafter called the
principal, and, on behalf of such principal, to solicit orders
for such beverages from holders of licenses under section
eighteen. A license granted hereunder shall authorize
representation of one principal only, but the licensee may
also, in the discretion of the commission, be licensed here-
under to represent other principals. No licensee here-
under shall buy or sell alcoholic beverages for his own
account, and no such beverages shall be brought into the
commonwealth in pursuance of the exercise of such a license
otherwise than through a licensee under said section eigh-
teen; provided, that any licensee hereunder may, upon
receipt of orders received from the holder of a license under
section eighteen, cause to be delivered to such holder from a
warehouse bonded under the laws of the United States any
alcohoHc beverages lawfully received and contained in such
a warehouse.

Section 18. Section nineteen of said chapter one hun- g^l. (Ter.^ ^^
dred and thirty-eight, as amended, is hereby further amend- etc!. 'amended. '
ed by striking out the first paragraph, as appearing in said
section two of said chapter three hundred and seventy-six,
and inserting in place thereof the following: — The com-
mission may issue to any individual who is both a citizen
and resident of the commonwealth and to partnerships,
composed solely of such individuals, and to corporations
organized under the laws of this commonwealth or organized
under the laws of any other state of the United States and
admitted to do business in this commonwealth, licenses
to manufacture alcoholic beverages. Manufacturers of
such beverages may sell the same to any licensee holding a
vaUd license granted by the licensing authorities for the sale
within the commonwealth in accordance with the provi-

Licenses to
manufacture.

518

Acts, 1935. — Chap. 440.

G. L. (Ter.
Ed.). 138, § 19
etc., further
amended.

Same subject.
License fee.

G. L. (Ter.
Ed.), 138,
§ 19A, etc.,
amended.

Salesmen's
licenses.

G. L. (Ter.
Ed.), 138, § 21.
etc., amended.

sions of this chapter, and may also sell such beverages for
export from this commonwealth into any state where the
sale of the same is not by law prohibited, and into any
foreign country; and manufacturers of such beverages may
sell the same to any registered pharmacist holding a certifi-
cate of fitness under section thirty and also as authorized
by section twenty-eight.

Section 19. The last paragraph of section nineteen
of said chapter one hundred and thirtj^-eight, as amended
by section ten of said chapter three hundred and eighty-
five, is hereby further amended by inserting after the word
"sum" in the ninth line the following: — , not less than
twenty-five nor more than two hundred and fifty dollars, —
so as to read as follows : —

The license fee for each manufacturer of alcoholic bever-
ages, in respect of each plant, shall be such sum, not less
than two thousand nor more than five thousand dollars, as
under the circumstances of the licensee's probable volume
of sales under this section, the capacity of his plant and the
location thereof, the commission shall deem just and proper;
provided, that the license fee for each manufacturer of cider
or other alcoholic beverage made from apples shall be such
sum, not less than twenty-five nor more than two hundred
and fifty dollars, as the commission shall deem just and
proper, but no such fee shall be collected from any such
manufacturer for the making of cider, the sale of which is au-
thorized by section three without a license.

Section 20. Said chapter one hundred and thirty-
eight is hereby further amended by striking out section
nineteen A, inserted by section eleven of said chapter three
hundred and eighty-five, and inserting in place thereof the
following: — Section 19 A. The commission may annually
grant to individual citizens of the commonwealth employed
as salesmen for licensees under section eighteen, eighteen A
or nineteen permits which shall authorize such salesmen on
behalf of their employers to solicit orders for alcoholic
beverages from any licensee under this chapter to whom
their employers are authorized to sell such beverages, and
the fee for each such permit shall be ten dollars. The
commission may make and enforce rules and regulations
covering the granting of permits under this section and
regulating the exercise of the authority granted under such
permits.

Whoever acts as salesman as aforesaid without having a
permit hereunder, or whoever having such a permit vio-
lates any provision of this section or of any condition or
stipulation of his permit, shall be subject to the penalties
prescribed by section two.

Section 21. Section twenty-one of said chapter one
hundred and thirty-eight, as amended by section thirteen
of said chapter three hundred and eighty-five, is hereby
further amended by inserting after the word "beverages"
in the seventh line the following : — , other than wines to be

Acts, 1935. — Chap. 440.

519

Ed.), 138, § 22,
etc., amended.

Transportation
permits.

used for sacramental purposes only, — so that the first
paragraph will read as follows : — Every licensed manu- ExciBe.
facturer of alcoholic beverages and every holder of a whole-
saler's and importer's license for the sale thereof shall, in
addition to the license fees elsewhere provided in this
chapter, be liable for and pay to the commonwealth an
excise, for the privilege enjoyed by him as such manufac-
turer or wholesaler and importer, to be levied on sales of
alcoholic beverages, other than wines to be used for sacra-
mental purposes only, within the commonwealth as follows:

Section 22. Said chapter one hundred and thirty-eight aL. (Ter
is hereby further amended by striking out section twenty-
two, as amended by section fourteen of said chapter three
hundred and eighty-five, and inserting in place thereof the
following : — Section 22. Any person may, but only for
his own use and that of his family and guestSj transport alco-
holic beverages or alcohol, without any license or permit,
but not exceeding in amount, at any one time, eight gal-
lons of malt beverages, three gallons of any other alcoholic
beverage, or one gallon of alcohol, or their measured equiva-
lent; provided, that any person may, without any license or
permit, transport from his place of residence to a new place
of residence established by him alcoholic beverages manu-
factured by him for his own private use.

Licensees for the sale of alcoholic beverages or alcohol,
as the case may be, may transport and deliver anywhere in
the commonwealth alcoholic beverages or alcohol lawfully
bought or sold by them, in vehicles owned or leased by them
or their employees, if each vehicle used for such transporta-
tion and delivery is covered by a permit issued by the com-
mission ; provided, that vehicles owned or leased by holders
of permits under section nineteen A shall be used only for
the transportation of samples. The permit fee for each
vehicle shall be one dollar.

Any railroad or car corporation or the owner or operator
of any vessel or shipping company may, if authorized by a
permit issued by the commission, transport and deliver
alcoholic beverages or alcohol; and the fee for such a per-
mit covering all the cars or vessels thereof shall be one hun-
dred dollars.

Any individual, partnership or corporation regularly and
lawfully conducting a general express or trucking business
may, if authorized by a permit issued by the commission,
transport and deliver alcoholic beverages or alcohol; and
the fee for such a permit shall be five dollars.

No holder of an express or trucking permit under this
section shall be granted a permit under section nineteen A.

Certified copies of any permit issued under this section
shall be furnished for one dollar each.

The commission may make and enforce rules and regula-
tions governing the transportation and delivery of alcoholic
beverages and alcohol under permits granted under this
section.

520

Acts, 1935. — Chap. 440.

Penalty.

G. L. (Ter.
Ed.), 138, § 23,
etc., amended.

Terms of
licenses and
permits.

Every person operating a vehicle when engaged in such
transportation or delivery shall carry the vehicle permit or
a certified copy thereof and shall, upon demand of any con-
stable, policeman, member of the state police or any in-
vestigator of the commission or of the registry of motor
vehicles produce such permit or copy for inspection; and
failure to produce such permit or copy shall be prima facie
evidence of unlawful transportation and shall, in the dis-
cretion of the commission, be sufficient cause for the sus-
pension, cancellation, revocation or forfeiture of such permit.

Whoever knowingly transports within the commonwealth
any alcoholic beverages or alcohol except as authorized by
this section shall be punished by a fine of not more than two
hundred dollars or by imprisonment for not more than six
months, or both.

Section 23. Section twenty-three of said chapter one
hundred and thirty-eight, as amended, is hereby further
amended by striking out the last four paragraphs, as appear-
ing in section sixteen of said chapter three hundred and
eighty-five, and inserting in place thereof the following : —

The licensing authorities empowered to issue any license
or permit may order refunded the whole or any part of the
fee for such a license or permit in case of an error in the kind
of a license or permit issued, or may order the fee paid for
such a license or permit refunded to the applicant if he has
withdrawn his application prior to the issuance of the
license or permit applied for, or to the licensee or permittee
if he has surrendered the license or permit issued to him and
such licensing authorities are satisfied that no right, power
or privilege has been exercised thereunder. Any sums
ordered refunded as aforesaid shall be paid from any avail-
able funds in the treasury of the commonwealth or munici-
pality as the case may be.

The licensing authorities may transfer any license granted
by them from one location to another, but such transfer
shall be granted only to the holder of such license. All re-
quirements imposed by this chapter applicable in case of
the granting of a license thereunder shall apply in case of
such a transfer, except that no new license fee shall be
required.

Any license under this chapter held by an individual,
partnership or corporation may be transferred to a cor-
poration, qualified to receive such a license in the first in-
stance, which succeeds to the licensed business, if the parties
interested in such business retain substantially the same
interest therein, as determined by the licensing authorities
granting the same. If the local licensing authorities
determine that a corporation is not entitled to a transfer
as aforesaid of a license granted by them, the applicant
for such transfer may appeal to the commission as if such
authorities had refused to grant the license to such corpora-
tion upon an original application therefor, and the decision
of the commission upon such appeal shall be final.

Acts, 1935. — Chap. 440.

521

In the case of the death of an individual holder of any
license or permit under this chapter, such license or permit,
unless earlier surrendered, revoked or cancelled, shall
authorize the executor or administrator of the deceased
licensee or permittee to exercise all authority conferred upon
such licensee or permittee until the termination thereof.

Every license and permit granted under the provisions
of this chapter, unless otherwise provided in such provi-
sions, shall expire on December thirty-first of the year of
issue, subject, however, to revocation or cancellation
within its term.

Section 24. Section twenty-six of said chapter one
hundred and thirty-eight, as appearing in said section two
of said chapter three hundred and seventy-six, is hereby
amended by inserting after the word "beverages" in the
first line the words : — or alcohol, — and by inserting
after the word "licensee" in the eighth line the following: — ;
provided, that nothing herein shall prevent the granting of
a hcense under section eighteen A to any corporation
organized under the laws of a foreign country or the grant-
ing of a vehicle permit to such a corporation so licensed, —
so that the first paragraph will read as follows : — No license
for the sale of alcoholic beverages or alcohol and no vehicle
permit for the transportation thereof 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 directors
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 nothing herein shall prevent
the granting of a license under section eighteen A to any
corporation organized under the laws of a foreign country
or the granting of a vehicle permit to such a corporation so
licensed.

Section 25. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section twenty-
nine, as so appearing, and inserting in place thereof the
following : — Section 29. A registered pharmacist in a city
or town who holds a certificate of fitness under the follow-
ing section, having complied with all provisions of law rela-
tive to the practice of pharmacy, irrespective of the vote of
the city or town under section eleven, may use alcohol for
the manufacture of United States pharmacopoeia or na-
tional formulary preparations and all medicinal prepara-
tions unfit for beverage purposes, and may sell alcohol,
and, upon the prescription of a registered physician, (1)
wines, (2) malt beverages, and (3) other alcoholic beverages.
Each of the three foregoing classes shall be sold only on
separate prescriptions and in quantity not exceeding one
gallon of wines, one gallon of malt beverages and one quart
of other alcoholic beverages. Every such prescription
shall be dated and signed by the physician and shall contain
the name of the person prescribed for.

G. L. (Ter.
Ed.), 138, § 26,
etc., amended.

Licenses, etc.,
not to be
issued to
aliens.

G. L. (Ter.
Ed.), 138, § 29.
etc., amended.

Sales by
druggists.

522

Acts, 1935. — Chap. 440.

G. L. (Ter.
Ed.). 138.
§ 30A, etc.,
amended.

Druggists'
licenses.

G. L. (Ter.
Ed.), 138,
§ 30B, etc.,
amended.

Kinds of
licenses issued
to druggists
limited.

All such prescriptions shall be retained and kept on file
in a separate book by the pharmacist selling the same and
shall not be refilled. Such prescription book shall be open
at all times to inspection of the board of registration in
pharmacy, licensing authorities and their agents and police
officers. Nothing in this chapter shall disqualify a regis-
tered pharmacist from being licensed under section fifteen,
provided that he sells no cooked food to be consumed on the
premises; but a license issued to a registered pharmacist
under said section shall not be included in computing the
number of licenses that may be granted in any city or town
as provided in section seventeen.

Sales of alcoholic beverages hereunder shall be made only
in the original sealed packages, and such beverages shall
not be permitted to be drunk on the premises.

Section 26. Said chapter one hundred and thirty-
eight is hereby further amended by striking out section
thirty A, as amended by section seven of said chapter three
hundred and seventy, and inserting in place thereof the
following: — Section 30 A. A registered pharmacist in a
city or town wherein the granting of licenses to sell all alco-
holic beverages is authorized may be licensed by the local
licensing authorities to sell alcoholic beverages for medi-
cinal, mechanical or chemical purposes without a physi-
cian's prescription subject to the limitations contained in
section thirty-three, the said sales to be recorded in the
manner prescribed in section thirty E. Sales of alcoholic
beverages hereunder shall be made only in the original
sealed packages and such beverages shall not be permitted
to be drunk on the premises. Sales of such beverages by a
licensee hereunder shall be permitted only during such
hours as sales thereof may be made by a licensee under sec-
tion fifteen. The fee for a license under this section shall
be not less than fifty nor more than three hundred dollars.

Section 27. Section thirty B of said chapter one hun-
dred and thirty-eight, as appearing in said section two of
said chapter three hundred and seventy-six, is hereby
amended by striking out the first sentence, — so as to read
as follows: — Section SOB. One or more licenses may be
granted annually under the provisions of section thirty A
by the licensing authorities of a city or town to retail
druggists who are registered pharmacists actively engaged
in business on their own account, or on the account of the
widow, executor or administrator of a deceased registered
pharmacist, or of the wife of one who has become incapac-
itated, upon presentation to said authorities of the certifi-
cate prescribed by section thirty, if it appears that the
applicant is a proper person to receive such license. A
registered pharmacist who owns stock of the actual value
of at least five hundred dollars in a corporation which has
been incorporated for the purpose of carrying on the drug
business, and who conducts in person the business -of a
store of such corporation, shall be considered as actively

Acts, 1935. — Chap. 440.

523

engaged in business on his own account and as qualified
to receive a license for such store. The licensing authori-
ties may refuse to grant any and all such lice^es.

Section 28. Section thirty D of said chapter one hun-
dred and thirty-eight, as so appearing, is hereby amended
by striking out, in the second line, the word "liquor" and
inserting in place thereof the word : — beverages, — so as
to read as follows : — Section SOD. Retail pharmacists
licensed under section thirty A shall not sell alcoholic bever-
ages of any kind for medicinal, mechanical or chemical
purposes except upon the certificate of the purchaser, which
shall state the use for which it is wanted, and which shall be
immediately cancelled at the time of sale in such manner as
to show the date of cancellation.

Section 29. Section thirty E of said chapter one hun-
dred and thirty-eight, as so appearing, is hereby amended
by striking out, in the fifth and in the ninth line, the word
"liquor" and inserting in place thereof, in each instance, the
word : — beverage, — so that the first paragraph will read
as follows: — Every retail pharmacist licensed under sec-
tion thirty A shall keep a book in which he shall enter, at the
time of every such sale, the date thereof, the name of the
purchaser, the kind, quantity and price of said beverage,
the purpose for which it was sold, and the residence by
street and number, if any, of said purchaser. If such sale
is made upon the prescription of a physician, the book shall
also contain the name of the physician and shall state
the use for which said beverage is prescribed and the
quantity to be used for such purpose, and the prescription
shall be cancelled in the manner provided in the preceding
section with reference to certificates. Said book shall be in
form substantially as follows :

Section 30. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section thirty F,
as so appearing, and inserting in place thereof the following:
— Section 30F. The book, certificates and prescriptions pro-
vided for in the two preceding sections shall at all times be
kept on the hcensed premises and be open to the inspection
of the board of registration in pharmacy, the hcensing
authorities or their agents, the aldermen, the selectmen
when not constituting the local licensing authorities, the
board of public welfare, sheriffs, constables, police officers
and justices of the peace.

Section 31. Section thirty G of said chapter one hun-
dred and thirty-eight, as so appearing, is hereby amended
by striking out, in the second and in the seventh line, the
word "liquors" and inserting in place thereof, in each in-
stance, the word: — beverages, — so as to read as follows: —
Section 30G. A person, not a registered pharmacist, who
procures a license for the sale of alcoholic beverages under
section thirty A in the name of a registered pharmacist
who is dead, or in the name of a registered pharmacist by
borrowing, hiring or purchasing the use of his certificate,

G. L. (Ter.
Ed.), 138,
§ SOD, etc.,
amended.

Sales for
certain pur-
poses restricted.

G. L. (Ter.
Ed.), 138,
§ 30E, etc.,
amended.

Record book
of sales to
be kept.

G. L. (Ter.
Ed.), 138,
§ 30F, etc..
amended.

Books, etc.,
to be open for
inspection

G. L. (Ter.
Ed.), 138,
§ 30G. etc.,
amended.

Penalty for
illegal sale.

524

Acts, 1935. — Chap. 440.

G. L. (Ter.
Ed.). 138, new
section 30H,
added.

Illegal posses-
Bion prima
facie evidence
of intent to
sell, etc.

G. L. (Ter.
Ed.), 138, { 31,
etc., amended.

Employment
of aliens by
licensees
prohibited.

G. L. (Ter.
Ed.), 138, § 34,
etc., amended.

Employment
of minors
prohibited.

G.L. (Ter.
Ed.), 138,
} 34A, etc.,
amended.

and, being himself the owner or manager of the place, per-
sonally or by his servants sells alcoholic beverages, shall be
punished by a fine of not less than fifty nor more than five
hundred dollars and by imprisonment for not less than one
nor more than six months. Section eleven of chapter two
hundred and seventy-nine shall not apply to a conviction
under this section.

Section 32. Said chapter one hundred and thirty-
eight is hereby further amended by inserting after section
thirty G, as so appearing, the following new section : —
Section 30H, Possession on the licensed premises by any
licensee under this chapter of any alcoholic beverages or
alcohol not authorized to be sold or used under the terms of
his license shall be prima facie evidence that such beverage
or alcohol is kept for sale in violation of this chapter. Trans-
portation of any alcoholic beverage or alcohol in any vehicle
covered by a transportation permit issued to a licensee
under this chapter or his employee shall, if such alcohohc
beverage or alcohol is not authorized to be sold or used
under the terms of the license issued to such licensee, be
prima facie evidence that such alcohoHc beverage or alcohol
is being transported in violation of this chapter.

Section 33. Section thirty-one of said chapter one
hundred and thirty-eight, as appearing in said section two
of said chapter three hundred and seventy-six, is hereby
amended by inserting after the word "employed" in the
second line the words: — or permitted, — and by inserting
after the word "beverage" in the third line the words: —
or alcohol, — so as to read as follows: — Section SI. No
person, except a citizen of the United States, shall be em-
ployed or permitted to sell, serve or deliver any alcoholic
beverage or alcohol. Violation of any provision of this
section shall be punished by a fine of not less than twenty-
five dollars, and shall be sufficient cause for the revocation
or suspension of the license of any licensee under this chap-
ter contributing to or aiding or abetting such violation.

Section 34. Section thirty-four of said chapter one hun-
dred and thirty-eight, as so appearing, is hereby amended
by inserting after the word "beverages" in the fifth line
and in the sixth Hne, in each instance, the words: — or alco-
hol, — so as to read as follows: — Section 34- No person
shall receive a license or permit under this chapter who is
under twenty-one years of age. Whoever being licensed
under this chapter employs any person under twenty-one
years of age in the direct handling or selling of alcoholic
beverages or alcohol or whoever makes a sale of any such
beverages or alcohol to any person under twenty-one years
of age shall be punished by a fine of not more than two
hundred dollars or by imprisonment for not more than six
months, or both.

Section 35. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section thirty-
four A, inserted by chapter one hundred and forty-six of

Acts, 1935. — Chap. 440.

525

the acts of the current year, and inserting in place thereof
the following: — Section 34 A. Whoever, being a minor,
makes a false statement as to his age in order to procure a
sale or deUvery of alcoholic beverages or alcohol, either for
his own use or for the use of another, and whoever know-
ingly makes a false statement as to the age of a minor in
order to procure a sale or delivery of such beverages or
alcohol to such minor, either for the use of the minor or for
the use of some other person, and whoever induces a minor
to make a false statement as to his age in order to procure a
sale or delivery of such beverages or alcohol to such minor,
shall be punished by a fine of not less than ten nor more than
one hundred dollars.

Section 36. Section forty-two of said chapter one
hundred and thirty-eight, as appearing in said section two
of said chapter three hundred and seventy-six, is hereby
amended by adding at the end thereof the following new
paragraph : —

For the purposes of this and the thirteen following sec-
tions, the words "alcoholic beverages" shall be deemed to
include "alcohol".

Section 37. Section forty-six of said chapter one hun-
dred and thirty-eight, as amended by section ten of said
chapter three hundred and seventy, is hereby further
amended by striking out, in the fourth line, the words "or
inspector of the commission", — so as to read as follows: —
Section 46. A sheriff, deputy sheriff, city marshal, chief of
police, deputy chief of pohce, deputy or assistant marshal,
police officer, including a state police officer, or constable
who, without a search warrant duly committed to him,
searches for or seizes alcoholic beverages in a dwelling shall
be punished by a fine of not less than five nor more than one
hundred dollars.

Section 38. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section fifty-six,
as appearing in said section two of said chapter three hun-
dred and seventy-six, and inserting in place thereof the
following : — Section 66. A deputy sheriff, chief of police,
deputy chief of police, city marshal, deputy or assistant
marshal, police officer, including a state police officer, or
constable, 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 selHng with-
out being authorized so to do by a Hcense or permit under
this chapter, or of illegally transporting or delivering alco-
hoUc beverages or alcohol, and seize the said beverages or
alcohol, vessels and implements of sale in the possession of
such person, and detain them until warrants can be pro-
cured against such person, and for the seizure of said bever-
ages or alcohol, vessels and implements, under this chapter.
Such officers shall enforce or cause to be enforced the penal-
ties provided by law against every person who is guilty of
a violation of any law relative to alcohoHc beverages or

Penalty for

false state-
ments by
minors.

G. L. (Ter.
Ed.), 138. { 42,
etc., amended.

"Alcoholic
beverages"
defined.

G. L. (Ter.
Ed.), 138, i 46,
etc., amended.

Penalty for
illegal search
or seizure.

G. L. (Ter.
Ed.), 138, f 56,
etc., amended.

Arrest with-
out warrant in
certain cases.

526

Acts, 1935. — Chap. 440.

G. L. (Ter.
Ed.). 138. § 62.
etc., amended.

General
penalty.

G. L. (Ter.
Ed.), 138, § 63,
etc., amended.

Local licens-
ing authorities
may enter
premises.

G. L. (Ter.
Ed.), 138,
S 63A, etc.,
amended.

Penalty for
interfering
with in-
spector, etc.

alcohol of which they can obtain reasonable proof. Any
investigator of the commission may without a warrant
arrest any person whom he finds in the act of illegally trans-
porting alcoholic beverages or alcohol, and seize the said
beverages or alcohol in the possession of such person and
detain him until warrants can be procured against such
person, and for the seizure of said beverages or alcohol under
this chapter.

Section 39. Section sixty-two of said chapter one hun-
dred and thirty-eight, as so appearing, is hereby amended
by inserting after the word "licensee" in the third line the
words: — or permittee, — and by inserting after the word
"license" in the same line the words: — or permit, — so as
to read as follows : — Section 62. A violation by any person
of any provision of this chapter for which a specific penalty
is not provided or a violation by a licensee or permittee of
any provision of his license or permit or of any regulation
made under authority of this chapter 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 month nor more
than one year, or both.

Section 40. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section sixty-
three, as amended by section nineteen of said chapter three
hundred and eighty-five, and inserting in place thereof the
following : — Section 63. The local licensing authorities
or their agents may at any time enter upon the premises of
a person who is licensed by them, and the commission or its
agents may enter upon the premises of any person holding
a license or permit under this chapter, to ascertain the
manner in which such licensee or permittee conducts his
business. Such licensing authorities or their agents may
at any time take samples for analysis from any beverages or
alcohol kept on such premises, and the vessel or vessels
containing such samples shall be sealed on the premises in
the presence of the licensee or permittee or one of his em-
ployees, and shall remain so sealed until presented to the
state department of public health for analysis and duplicate
samples shall be left with the licensee or permittee.

Section 41. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section sixty-
three A, as appearing in said section two of said chapter
three hundred and seventy-six, and inserting in place thereof
the following: — Section 63 A. Any person who hinders or
delays any authorized investigator of the commission in
the performance of his duties, or who refuses to admit to or
locks out any such investigator from any place which such
investigator is authorized to inspect, or who refuses to give
to such investigator such information as may be required
for the proper enforcement of this chapter, shall be pun-
ished by a fine of not less than fifty nor more than two hun-
dred dollars or by imprisonment for not more than two
months, or both.

Acts, 19o5. — Chap. 440.

527

Section 42. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section sixty-
seven, as amended by section twenty-one of said chapter
three hundred and eighty-five, and inserting in place thereof
the following: — Section 67. Any apphcant for a license
who is aggrieved by the action of the local licensing author-
ities in refusing to grant the same or by their failure to act
within the period of thirty days limited by section sixteen
B, or any person who is aggrieved by the action of such
authorities in suspending, cancelling, revoking or declaring
forfeited the same, may appeal therefrom to the commis-
sion within five days following notice of such action or
following the expiration of said period, 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 persons who are
taxpayers of the city or town in which a license has been
granted by such authorities or who are registered voters in
the voting precinct or district wherein the licensed premises
are situated, or upon its own initiative, the commission may
investigate the granting of such a license or the conduct of
the business being done thereunder and may, after a hear-
ing, modify, suspend, revoke or cancel such license if, in its
opinion, circumstances warrant.

If the local licensing authorities fail to issue a license or
to perform any other act when lawfully ordered so to do
by the commission upon appeal or otherwise, within such
time as it may prescribe, the commission may itself issue
such license or perform such act, with the same force and
effect as if issued or performed by the local licensing au-
thorities.

Section 43. Said chapter one hundred and thirty-
eight is hereby further amended by striking out section
seventy-six, as most recently amended by section twenty-
two of said chapter three hundred and eighty-five, and
inserting in place thereof the following: — Section 76.
The commission may annually grant licenses for the manu-
facture, transportation, importation, exportation and sale
of alcohol for mechanical, manufacturing or chemical pur-
poses only, or for sale to any person holding a license under
section eighteen or nineteen, to any registered pharmacist
holding a certificate of fitness, any registered physician or
dentist, or to any hospital or educational or scientific in-
stitution for use other than for beverage purposes. Li-
censes shall be granted under this section only if it appears
that the applicant therefor is a proper person to receive
such a license. The fee for a license hereunder shall be not
less than three hundred nor more than five hundred dollars.
Nothing contained in said section eighteen shall limit the
scope of a license issued under this section.

Section 44. Section thirty-three of chapter two hun-
dred and sixty-eight of the General Laws, as appearing in

G. L. (Ter.
Ed.), 138. § 67,
etc., amended.

Appeal on
refusal, etc.,
to grant
license.

G. L. (Ter.
Ed.), 138, § 76,
etc., amended.

Licenses to
dealers in
paints, etc.

G. L. (Ter.
Ed.), 268, \ 33,
amended.

528

Acts, 1935. — Chap. 441.

Penalty for
faliely assum-
ing to be an
investigator,
etc., of alco-
holic beverages
control
commission.

the Tercentenary Edition, is hereby amended by inserting
after the word "vehicles" in the fourth Hne the following: — ,
or investigator or other officer of the alcoholic beverages
control commission, — so as to read as follows: — Section
S3. Whoever falsely assumes or pretends to be a justice of
the peace, notary public, sheriff, deputy sheriff, medical
examiner, associate medical examiner, constable, police
officer, probation officer, or examiner or investigator ap-
pointed by the registrar of motor vehicles, or investigator or
other officer of the alcoholic beverages control commission,
and acts as such or requires a person to aid or assist him in
a matter pertaining to the duty of such officer, shall be pun-
ished by a fine of not more than four hundred dollars or by
imprisonment for not more than one year.

Approved July S5, 1935.

G. L. (Ter.
Ed.), 94, sec-
tions lOA to
lOE, stricken
out, and new
sections \0k to
lOG. added.

Non-alcoholic
beverages.
Permits to
bottle or
manufacture.

Chap, 441 An Act further regulating the manufacture, bottling

AND SALE OF CERTAIN NON-ALCOHOLIC BEVERAGES.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby
amended by striking out sections ten A to ten E, inclusive,
as appearing in the Tercentenary Edition, and inserting in
place thereof the following seven new sections: — Section
10 A. No person shall engage within the commonwealth
in the business of manufacturing or bottling carbonated
non-alcoholic beverages, soda waters, mineral or spring
waters without a permit so to do from the board of health
of the town where his plant is or is to be located, and no
person engaged without the commonwealth in said business
shall sell any such beverage within the commonwealth
without a permit from the state department of public
health, and no person shall sell or exchange, deliver, adver-
tise, or offer or expose for sale or exchange, or attempt to
deliver, or have in his possession with intent so to do, any
such beverage unless the manufacturer and bottler thereof
is the holder of a permit issued under authority of section
ten B and then in full force.

Section lOB. Local boards of health may grant permits
to engage within their respective municipaHties in the
business of manufacturing or bottling of beverages specified
in the preceding section, and the state department of public
health may grant permits to the owners of plants for the
manufacture or bottfing of such beverages located without
the commonwealth to sell such beverages within the com-
monwealth. Such a permit granted by said department
shall apply only to one such plant and shall be valid through-
out the commonwealth. Each permit granted under this
section shall expire one year from the date of its issue. The
fee for each such permit and for each annual renewal thereof
shall be twenty dollars. Each local board of health shall
pay to the state department of pubUc health, for the use of

Granting of
permits.

Acts, 1935. — Chap. 442.

529

the commonwealth, one half of the fee collected for each
permit granted by it hereunder and shall send to said de-
partment a copy of each such permit so granted.

Section IOC. The premises of any person granted a
permit under section ten B shall, from time to time, be
examined by the state department of public health and, if
granted by the local board of health, by the board which
granted it, and if such premises or the equipment used
therein in connection with the business of such person is
found to be in an unsanitary condition, or in violation of
any provision of the rules and regulations made under
section ten E, such permit may be revoked by said depart-
ment or by the local board of health which granted it, as the
case may be, after a hearing, ten days' written notice of
which shall be given to such person.

Section lOD. All materials used in the manufacture of
beverages specified in section ten A shall be stored, handled,
transported and kept in such a manner as to protect them
from spoilage, contamination and unwholesomeness. No
ingredient or material, including water, shall be used in the
manufacture or bottling of any such beverage which is
spoiled or contaminated, or which may render the product
unwholesome, unfit for food, or injurious to health. Per-
sons granted permits under section ten B shall comply with
sections one hundred and eighty-six to one hundred and
ninety-six, inclusive.

Section lOE. The state department of public health and
local boards of health may make rules and regulations to
carry out the foiir preceding sections.

Section lOF. Whoever violates any provision of sec-
tions ten A to ten D, inclusive, or of any rule or regulation
made thereunder, shall be punished for a first offence by a
line of not more than one hundred dollars and for a subse-
quent offence by a fine of not more than five hundred dollars.

Section lOG. The provisions of sections ten A to ten F,
inclusive, shall not apply to persons registered under sec-
tions thirty-seven to forty, inclusive, of chapter one hun-
dred and twelve. Approved July 25, 1935.

Inspection
of licensed
premises.

Keeping of
materials, etc.,
used in
manufacture,
regulated.

Rules and
regulations.

Penalty.

Exceptions
from operation
of certain
sections.

An Act relative to expenses of the department of

PUBLIC welfare for THE ADMINISTRATION OF OLD AGE

ASSISTANCE.

Beit enacted, etc., as follows:

Chapter one hundred and thirty-eight of the General
Laws is hereby amended by striking out section twenty-
seven, as amended by section one of chapter three hundred ^'^^ *°"^° ^
and one and section twenty-three of chapter three hundred
and eighty-five, both of the acts of nineteen hundred and
thirty-four, and inserting in place thereof the following: —
Section 27. All fees for licenses and permits authorized to ^^'■'j*'" j^^.
be granted by the commission under this chapter and all ikTnseB, e°to.,

C/iap. 442

G. L. (Ter.
Ed.). 138, § 27,

persons.

530 Acts, 1935. — Chap. 443.

for^88*isunce ^^neys payable under section twenty-one shall be paid into
fCraged* ''^ the stats treasury and, after deducting therefrom the ex-
penses of the commission, and the expenses of the depart-
ment of public welfare with respect to the granting of as-
sistance to aged citizens under the provisions of chapter one
hundred and eighteen A, shall be used, so far as necessary,
for reimbursing cities and towns for such assistance given
by them, in the manner provided by section three of said
chapter, and any balance then remaining shall be used
"further to reimburse cities and towns for such assistance
and be distributed on the same basis; and all fees for licenses
and permits authorized to be granted by the local licensing
authorities under this chapter shall be paid into the treas-
uries of their respective cities and towns.

Approved July 25, 1935.

Chap.4AS An Act providing for certain changes in the town

MANAGER FORM OF GOVERNMENT IN THE TOWN OF MIDDLE-
BOROUGH.

Be it enacted, etc., as follows:

Section 1. Chapter five hundred and ninety-two of the
acts of nineteen hundred and twenty is hereby amended by
striking out sections four and five and their respective cap-
tions and inserting in place thereof, under the caption,
finance committee, the two following sections: — Section
4. There shall be a finance committee, hereinafter and in
sections five and six called the committee, consisting of
seven persons. At the annual town meeting in the year
nineteen hundred and thirty-seven, or at a special town
meeting held prior thereto for the purpose, the town shall
elect by official ballot three members of the committee until
the expiration of three years, two members until the expira-
tion of two years, and two members until the expiration
of one year, from the date of said annual town meeting;
and thereafter at each annual town meeting the successors
of members whose terms shall then expire shall be elected
to hold office for three years. Any vacancy occurring in
the committee shall be filled by the election, at the next
annual town meeting, of a person to serve for the unexpired
term and until such election said vacancy shall be filled by
a majority vote of the remaining members of the committee
and the members of the board of selectmen, meeting in joint
convention.

The members of the committee shall serve during the
terms for which they are elected and until their successors
are qualified. They shall be sworn to the faithful per-
formance of their duties, shall serve without salary and
shall not hold any other town office or employment.

Section 5. The committee shall consider and advise as to
all matters relating to proposed appropriations and the
manner of raising the amounts appropriated, and shall re-

Acts, 1935. — Chap. 443. 531

port in writing at each town meeting on all articles in the
warrant relating to the appropriation or borrowing of money
or the indebtedness of the town. The town may by by-
law provide for the publication of such reports in advance
of town meetings. The committee may make recom-
mendations in writing at any time to the town, or to the
board of selectmen, relating to the financial affairs of the
town. It shall submit to the town at the annual town meet-
ing a report showing appropriations recommended for each
fund or department, the estimated income from all sources,
exclusive of taxes on property and poll taxes, the amount
required to meet charges for interest and maturing indebted-
ness, and the estimated amount to be levied and raised by
taxation to meet all expenses and liabilities of the town.
Said report shall be filed with the town clerk and made
available to the public on or before the first Monday of
February in each year. The validity of appropriations
made by any town meeting shall not be affected by the fail-
ure of the committee to report as herein provided.

For the purpose of enabling the committee to perform its
duties, all boards, committees and officers of the town shall,
within ten days after December thirty-first of each year,
submit to the committee in writing a detailed estimate of
the appropriations required for the efficient and proper con-
duct of the departments under their charge during the
ensuing fiscal year and of all items of income to be received
by such departments during said year and shall, at any
time, furnish any other information relative thereto in
their possession which may be requested in writing by the
committee.

The committee is hereby authorized to incur such ex-
penses as it may deem necessary, including the cost of the
employment of experts and other assistants and the cost of
printing its reports; provided, that such expenses shall not
exceed, in the aggregate, the sum of two hundred and fifty
dollars in any one year, unless a larger amount shall be
appropriated for the purpose by the town; and expenses so
incurred shall be paid by the town on requisition by the
committee.

Nothing herein shall be construed as limiting the power
of the town to impose additional duties on the committee,
in accordance with section sixteen of chapter thirty-nine
of the General Laws.

Section 2. Said chapter five hundred and ninety-two
is hereby further amended by striking out section six and
its caption and inserting in place thereof, under the cap-
tion, APPROVAL OF BILLS, PAYROLLS AND CLAIMS, the fol-
lowing: — Section 6. No bill or payroll contracted by the
town manager or by any department under the supervision
of the selectmen shall be paid by the town treasurer until
such bill or payroll shall have been approved by the select-
men. The selectmen may designate one or mere of their
members to make such approval, but this provision shall

532 Acts, 1935. — Chap. 443.

not limit the responsibility of each member of the board.
Whenever any payroll, bill or other claim against the town
is presented to the town manager, town clerk, town treasurer
and collector of taxes or trustees of the public library, he
or they shall, if the same seems to him or them to be of
doubtful validity, excessive in amount, or otherwise con-
trary to the interests of the town, refer it to the committee
who shall immediately investigate the facts and report their
findings and recommendations to the selectmen who shall
determine what, if any, payment should be made. Pending
such investigation and determination payment shall be
withheld.

Section 3. Said chapter five hundred and ninety-two
is hereby further amended by striking out section nine and
inserting in place thereof the following: — Section 9. At
each annual town meeting, except as hereinafter provided,
the town shall elect by ballot a town officer to be known as
the town treasurer and collector of taxes. The town
treasurer and collector of taxes so elected shall have and
exercise all the powers and rights and be subject to all the
duties and liabilities now or hereafter conferred or imposed
by law upon town treasurers and collectors of taxes. Said
town treasurer and collector of taxes shall receive such com-
pensation for his services as the town may fix. The town
may by by-law, from time to time, fix the term of office of
the town treasurer and collector of taxes at one, two, or
three years, but such by-law shall not operate to increase or
decrease the term of an incumbent of said office. If the
term of said office is changed as herein provided the suc-
cessor of an incumbent serving a two or three year term shall
be elected at the annual town meeting in the last year of
the term for which he was elected.

Section 4. Said chapter five hundred and ninety-
two is hereby further amended by striking out section
eleven and its caption and inserting in place thereof, under
the caption, assessors, the following: — Section 11. At
each annual town meeting, beginning with the year nine-
teen hundred and thirty-seven, the town shall elect by
official ballot one assessor for the term of three years to
succeed the assessor whose term shall then expire. Any
vacancy occurring in the office of assessor shall be filled
in the manner provided by general law. The assessors
shall have and exercise all the powers and rights and be
subject to all the duties and liabilities now or hereafter
conferred or imposed by law upon assessors of towns.
Before entering upon the duties of their office, they shall be
sworn to the faithful performance thereof as provided by
general law.

Section 5. Said chapter five hundred and ninety-two
is hereby further amended by striking out section thirteen
and its caption and inserting in place thereof, under the
caption, public welfare department, the following: —
Section 13. The selectmen shall have and exercise all the

Acts, 1935. — Chap. 443. 633

powers and rights and be subject to all the duties and lia-
bilities now or hereafter conferred or imposed by law upon
boards of public welfare in towns, and the town manager,
under their supervision, shall administer the welfare relief
of the town either directly or through a person or persons
appointed by him.

Section 6, Said chapter five hundred and ninety-two
is hereby further amended by striking out section fifteen
and inserting in place thereof the following: — Section 16.
The selectmen shall appoint two or more constables annu-
ally in February, each for the term of one year from the
following first day of March, and may at any time appoint
such additional constables as in their opinion may be neces-
sary, who shall hold office during the pleasure of the select-
men but not beyond the first day of March following the
date of their appointment.

Section 7. Said chapter five hundred and ninety-two
is hereby further amended by striking out section sixteen
and inserting in place thereof the following: — Section 16.
The chief of the fire department shall be appointed by the
selectmen, and shall receive such salary as the selectmen
may from time to time determine, not exceeding the amount
annually appropriated therefor. He may be removed for
cause by the selectmen at any time after a hearing. He
shall have charge of extinguishing fires in the town and the
protection of life and property in case of fire. He shall
purchase subject to the approval of the selectmen and keep
in repair all property and apparatus used for and by the
fire department. He shall have and exercise all the powers
and rights and be subject to all the duties and fiabilities
conferred or imposed by law upon engineers in towns, except
as herein provided, and shall appoint a deputy chief and
such officers and firemen as he may think necessary, and
may remove the same at any time for cause and after a
hearing. He shall have full and absolute authority in the
administration of the department, shall make all rules and
regulations for its operation, shall report to the selectmen
from time to time as they may require, and shall annually
report to the town the condition of the department with his
recommendations thereon. He shall fix the compensation
of the permanent and call members of the fire department,
subject to the approval of the selectmen. In the expendi-
ture of money the chief shall be subject to such further
limitations as the town may from time to time prescribe.

Section 8. Section eighteen of said chapter five hun-
dred and ninety-two is hereby amended by striking out the
sentence contained in the fourteenth to nineteenth lines,
inclusive, — so as to read as follows: — Section 18. The
selectmen elected as provided in section two shall appoint,
as soon as practicable, a town manager who shall be the
administrative head of all departments of the town govern-
ment, the conduct of which is by the general laws and by
this act placed upon the selectmen of the town, except as

534 Acts, 1935. — Chap. 443.

provided otherwise in this act. The town manager shall be
subject to the direction and supervision, and shall hold
office at the will of the selectmen, and shall be a person
specially fitted by education, training or experience to per-
form the duties of the office. He shall be appointed with-
out regard to his political belief, and he may or may not
when appointed be a resident of the town or state. He
shall be responsible for the efficient administration of all
departments within the scope of his duties. Before enter-
ing upon the duties of his office, the town manager shall be
sworn to the faithful and impartial performance thereof by
the chairman of the selectmen, or by the town clerk, or by
a justice of the peace. He shall execute a bond in favor of
the town for the faithful performance of his duties in such
sum and with such surety or sureties as may be fixed or
approved by the selectmen.

Section 9. Said chapter five hundred and ninety-two
is hereby further amended by striking out section thirty-six
and inserting in place thereof the following : — Section 36.
At any time in the year nineteen hundred and forty or any
subsequent year, but not less than ninety days before the
date of an annual town meeting, a petition signed by not
less than twenty-five per cent of the registered voters of the
town may be filed with the selectmen, requesting that the
question of revoking the acceptance of this act be submitted
to the voters. Thereupon the selectmen shall call a town
meeting to be held at a date not later than forty-five days
after the filing of the petition, unless such requirement
would cause such meeting to be held between the fifteenth
day of June and the first Tuesday of September, in which
event such meeting shall be called within ten days after the
first Tuesday of September. At such meeting the vote
shall be taken in answer to the following question, which
shall be printed on the official ballot: "Shall the acceptance
by the town of Middleborough of an act passed by the gen-
eral court in the year nineteen hundred and twenty,
entitled 'An Act to Establish a Town Manager Form of Gov-
ernment for the Town of Middleborough', and all amend-
ments thereto, be revoked?" If such revocation is favored
by a majority of the voters voting thereon by ballot, the
next annual town meeting shall be called by the selectmen
in office and shall be held in accordance with the provisions
of general law relating thereto. At such meeting town
officers shall be elected in accordance with the provisions of
general law, who shall have the powers therein provided,
and upon the qualification of the officers so elected the
terms of the town officers existing under the provisions of
this act shall cease. Until such next annual town meeting
and the election and qualification of such officers as pro-
vided by general law the existing form of town government
shall continue under the provisions of this act and all powers
and duties of the town officers therein provided for shall
continue. After such next annual town meeting and the

Acts, 1935. — Chap. 444. 535

qualification of the town officers elected thereat the provi-
sions of this act shall cease to apply, and thereafter all
provisions of general law relative to town government and
town officers shall apply to the town of Middleborough.
Any special laws relative to said town which are repealed
by this act shall be revived when such revocation takes
effect. By-laws in force when such revocation takes effect,
so far as they are consistent with general laws respecting
town government and town officers and with said special
laws, if any, shall not be affected thereby.

Section 10. This act shall be submitted to the qualified
voters of the town of Middleborough at the annual town
meeting in the year nineteen hundred and thirty-six. The
vote shall be taken by ballot in answer to the following
question, which shall be printed on the official ballot: "Shall
an act passed by the general court in the year nineteen hun-
dred and thirty-five, entitled 'An Act providing for Certain
Changes in the Town Manager Form of Government in the
Town of Middleborough', be accepted?" If this act is ac-
cepted by a majority of the qualified voters voting thereon
it shall thereupon take full effect.

Appointees of the officers and boards aboHshed or changed
by this act shall continue to draw compensation at the
same rate and to exercise like powers, authority and juris-
diction until other provision is made. The terms of office
of the members of the board of public welfare of the town in
office when this act takes full effect shall terminate upon the
qualification of the selectmen elected at the annual town
meeting in the year nineteen hundred and thirty-six. Not-
withstanding the provisions of this act, the selectmen shall
continue to have and exercise the powers and rights and
to perform the duties and be subject to the liabiHties im-
posed or conferred upon them by the provisions of sections
four and five of said chapter five hundred and ninety-two
of the acts of nineteen hundred and twenty, as in effect im-
mediately prior to the full taking effect of this act, until the
election and qualification of the members of the finance
committee created by this act. Approved July 25, 1935.

An Act establishing a forty-eight hour week for cer- Q^^j) 444

TAIN employees OF THE COMMONWEALTH. ^'

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and forty-nine of the g- l. (Ter.^ ^^
General Laws is hereby amended by striking out section amended.'
thirty-nine, as appearing in the Tercentenary Edition, and
inserting in place thereof the following new section : — ^°X;erV'*itc'^
Section 39. The hours of labor of laborers, workmen and of state penal"
mechanics, of ward attendants, ward nurses, industrial and '^st'tutiona.
occupational therapists and watchmen, and of employees
in the kitchen, dining-room and domestic services, in state
institutions, and of officers and instructors of state penal

536

Acts, 1935. — Chap. 445.

Restriction of
employment of
additional
persons.

institutions, shall not exceed forty-eight in each week. Any
person whose hours of labor are regulated by this section
and whose presence is required at any such institution seven
days a week shall be given at least four days off in each
month, without loss of pay, in addition to the regular annual
vacation. The words "hours of labor" as used in this sec-
tion shall not be deemed to include any period of time dur-
ing which a person is in his living quarters wherever located
although his presence there is required for the purpose of
exercising a measure of supervision over patients or inmates
through availability for duty during such time. This
section shall not prevent the superintendent, warden, or
executive officer from requiring the services of any person
in any emergency where the health or safety of patients or
inmates would otherwise be endangered, or in any extraor-
dinary emergency, or in apprehending an escaped inmate,
nor shall it apply to the hours of labor of any person whose
position entitles him to family maintenance as a part of his
compensation.

Section 2. Employment of additional persons by
reason of the enactment of section one of this act shall be
restricted to persons who are citizens of the commonwealth.

Approved July 25, 1935.

Chap.4Ab An Act providing for the care at the Middlesex

COUNTY TUBERCULOSIS HOSPITAL OF INHABITANTS OF
THE CITY OF CAMBRIDGE SUFFERING FROM TUBERCULOSIS.

Be it enacted, etc., as follows:

Section 1. For the purpose of caring for those inhabi-
tants of the city of Cambridge who are suffering from tuber-
culosis, said city shall on January first, nineteen hundred
and thirty-six, become a part of the Middlesex county
tuberculosis hospital district and shall be subject to all the
provisions of sections seventy-eight to ninety, inclusive, of
chapter one hundred and eleven of the General Laws appli-
cable to municipalities in counties having tuberculosis hospi-
tals, and the provisions of section ninety-one of said chap-
ter exempting any city having one hundred thousand or
more inhabitants shall not be applicable to said city. And
said city shall on that date sell and convey to the county
commissioners of Middlesex county, acting as trustees of
said hospital district, the land, buildings and equipment now
owned and used in whole or in part by said city for tubercu-
losis hospital purposes. And said city of Cambridge shall
on that date pay to the county treasurer of said county,
acting as treasurer of said district, as the contribution of
said city for admission to said district, the sum of three
hundred and thirty-four thousand eight hundred dollars,
less the sum of one hundred and fifty thousand dollars which
shall be allowed as the purchase price of the property to be
sold and conveyed as aforesaid to the district.

Acts, 1935. — Chap. 446. 537

Section 2. Money received hereunder by said hospital
district shall be used only for the construction of altera-
tions and additions to the Middlesex county tuberculosis
hospital at Waltham and Lexington authorized by section
one of chapter four hundred and seventeen of the acts of
the current year, and for equipment for such additions.

Section 3. For the purpose of providing funds for the
aforesaid payment to said hospital district, the city of
Cambridge may borrow money to an amount not exceeding
one hundred and eighty-four thousand eight hundred dol-
lars, and may issue bonds or notes, which shall bear on their
face the words : — Cambridge Tuberculosis Loan, Act of
1935. Such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but, except as
herein otherwise provided, shall be subject to chapter forty-
four of the General Laws, exclusive of the limitation con-
tained in the first paragraph of section seven thereof.

Section 4. This act shall be submitted for acceptance
to the registered voters of the city of Cambridge at its
biennial 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 of the
General Court passed in the current year, entitled 'An Act
providing for the care at the Middlesex County Tuberculo-
sis Hospital of inhabitants of the city of Cambridge suffer-
ing from tuberculosis', be accepted?" If a majority of the
voters voting upon said question vote in the affirmative,
the preceding sections of this act shall thereupon take
effect, but not otherwise. Approved July 25, 1935.

An Act establishing the merrimack river valley
sewerage district and defining its powers and
duties.

Be it enacted, etc., as follows:

Section 1. A sewerage district, to be known as the
Merrimack River Valley Sewerage District, hereinafter
called the district, is hereby created and shall include all the
territory of the cities and towns of Amesbury, Andover,
Chelmsford, Dracut, Groveland, Haverhill, Lawrence,
Lowell, Merrimac, Methuen, Newburyport, North Andover,
Salisbury, Tewksbury, Tyngsborough and West Newbury.

Section 2, The district shall be under the manage-
ment and control of a board, which is hereby created and
shall be known as the Merrimack River Valley Sewerage
Board, hereinafter called the board. The board shall con-
sist of five members, who shall be appointed, and may for
cause be removed, by the governor, with the advice and
consent of the council. Four members of the board shall
reside within the district. Of the members of the board
first appointed two shall be appointed for the term of three

C/iap. 446

538 Acts, 1935. — Chap. 446.

years, two for two years and one for one year, and there-
after as the term of a member expires his successor shall be
appointed in like manner for the term of three years. Every
member shall serve until the qualification of his successor.
The governor shall from time to time designate the chair-
man of the board, who shall not be a resident of the dis-
trict. There shall be paid to the chairman fifteen dollars,
and to each of the other members ten dollars, for every day
spent in the performance of his duties; provided, that the
total sum paid hereunder shall not in any year exceed
twenty-five hundred dollars in the case of the chairman,
and five hundred dollars in the case of each of the other
members. Compensation paid under authority of this
section shall be paid by the district and shall be considered
a part of the expense of maintenance of the district.

Section 3. The district shall have a seal consisting of a
circular die bearing the words "Commonwealth of Massa-
chusetts. Merrimack River Valley Sewerage District,
1935", which seal may be used, whenever deemed advisable
by the board, on notes or other evidences of indebtedness,
papers and documents issued or executed by the board or
by any officer of the district thereunto authorized by the
board.

Section 4. The board may appoint and may at pleas-
ure remove a treasurer and a clerk, who need not be mem-
bers of the board, and both offices, if the board deems it
advisable, may be held by the same person. The treasurer
shall give to the board a bond payable to the district with
a surety company satisfactory to the board as surety, in
such sum as the board may prescribe and conditioned on
the faithful performance of his duties. The clerk shall take
oath to faithfully and impartially perform his duties. The
duties of the treasurer and the clerk shall be those usually
appertaining to said offices, respectively, and in addition
such as may from time to time be prescribed by the board.
The compensation of the treasurer and of the clerk shall be
determined by the board. The board shall also appoint
and determine the compensation of, and may at pleasure
remove, a chief engineer, who shall direct the engineering
work and act as executive manager of the district. The
board shall also from time to time appoint or employ such
other engineers and such experts, agents, officers, clerks
and other employees as it deems necessary, shall determine
their duties and compensation, and may remove them at
pleasure. The salaries or compensation of all persons ap-
pointed under authority of this section shall not exceed ten
thousand dollars in any year, shall be paid by the district
and shall be considered as a part of the expense of mainte-
nance of the district.

The board shall secure convenient quarters for an office
and for the keeping of maps, plans, documents and other
papers relating to the business of the board. It shall at
all times keep full and accurate accounts of its receipts,

Acts, 1935. — Chap. 446. 539

expenditures, disbursements, assets and liabilities, and shall
annually on or before December thirty-first make a written
report to the governor and council.

Section 5. No work authorized by section six shall be
commenced unless and until sufficient funds therefor shall
have been allocated for such purpose by the federal govern-
ment under authority of appropriate federal legislation.

Section 6. The board shall construct, maintain and
operate for the district, subject to the approval of the de-
partment of public health, such trunk sewers, pumping
stations, intercepting sewers, connections and other sewer-
age works as may be required for a system for suitably
treating, disposing of or diverting from the waters of the
Merrimack river, sewage and other pollution originating
in any of said cities and towns.

Section 7. The board may make such contracts and
enter into such other arrangements as it may deem neces-
sary for the construction, operation and maintenance of
sewers or other works hereinbefore authorized, may pur-
chase necessary materials and supplies therefor and may
secure necessary labor therefor. Every contract calling
for an expenditure of more than five hundred dollars shall
be in writing, and no such contract shall be awarded unless
proposals for bids therefor shall previously have been pub-
lished once a week for three successive weeks in two daily
papers published in Essex county. Such bids shall be
opened publicly at the time and place announced in such
newspaper publication.

Section 8. In carrying out the powers and duties con-
ferred and imposed upon the board by this act, it may locate
and maintain sewers or other works hereinbefore authorized
and any other necessary equipment in, on or over public
ways, in public parks, and in or over railroad or railway
locations, and it may alter or change the course or direction
of any water course or location or grade of any way; pro-
vided, that it shall not take in fee any land of any railroad
or railway corporation, nor enter upon or construct any
drain, sewer or other works within the location of any rail-
road or railway corporation, except at such times and in
such manner as it may agree upon with such corporation,
or, in case of failure so to agree, as may be approved by the
department of public utilities; and provided, further, that
in entering upon and digging up, raising or embanking any
way, the board shall be subject to such reasonable regula-
tions as may be made by the mayor, aldermen, city council,
selectmen, or other officials having jurisdiction in the prem-
ises, in the city or town in which such work is performed.
In case of dispute between the board or any such city or
town, the question at issue shall be determined by the state
department of public works.

Section 9. For the purposes aforesaid the board, act-
ing on behalf of the district, may take by eminent domain
under chapter seventy-nine of the General Laws, or acquire

540 Acts, 1935. — Chap. 446.

by purchase or otherwise, such lands, water courses, rights
of way or other easements, property and rights therein as it
may deem necessary. Any person, corporation or munici-
paHty whose property has been taken or injured by any
action of said board under authority of this act may recover
from said district under the provisions of said chapter
seventy-nine such damages therefor as he or it may be
entitled to. The board may sell at public auction any
property, including land, acquired by it hereunder and in
its opinion no longer needed in the performance of the
powers and duties conferred and imposed upon it by this
act, and may from time to time lease any property not then
needed for such purposes by it. The board may enter upon
any lands or waters for the purpose of making surveys, test
pits and borings and may take or otherwise acquire the
right to temporarily occupy any lands necessary for the
carrying out of any of said purposes.

Section 10. The board may connect private sewers, or
new sewers under construction with any existing sewers and
may operate such sewerage system upon such terms, condi-
tions and regulations as the board may prescribe, including
the right to levy assessments upon any person for the priv-
ilege of using the sewerage facilities furnished by the board.

Section 11. Annually before January first the board,
on behalf of the district, shall certify to the assessors of each
city or town within the district the sum constituting the
share of such city or town of the estimated cost of the main-
tenance and operation of the works maintained by the board
under authority of this act for the ensuing year and also its
share of any deficit for the then current or any preceding
year; and the amount so certified shall be raised and appro-
priated by said city or town during said ensuing year a;id
shall be paid into the treasury of the district. Each such
city and town shall be annually assessed hereunder such
proportion of such cost of maintenance and operation as the
board shall determine, based upon the respective popula-
tions of said cities and towns as ascertained by the last pre-
ceding state or national census, except that the computation
of the population of the town of Tewksbury shall not include
inmates of the state infirmary in said town.

Section 12. For the purpose of paying the expenses of
the construction of the work hereinbefore authorized, the
district is hereby authorized to receive from the federal
government all sums of money allocated by it for any or all
of the purposes of this act, but the board shall have no
right to levy upon, or to charge or collect against, any city
or town in the district any portion of the cost of such con-
struction; all expenses of construction, but excluding com-
pensation, to be paid for exclusively out of such federal
funds so allocated.

Upon the completion of any of such works, the district
shall thereafter bear the entire expense of the operation and
maintenance thereof.

Acts, 1935. — Chap. 447.

Section 13. For the purpose of temporarily financing
the maintenance of works constructed under authority of
this act, including compensation, the district may issue its
notes to an amount necessary therefor, said notes to be
payable, in not more than one year from the date of their
issue, in part from sums received by the board as a result of
the operation and maintenance of such works and in part
from sums certified to and collected from the several cities
and towns of the district as hereinbefore provided.

Section 14. Any city or town, within the limits of
which any main sewer under the control of the board is
situated, shall connect its local sewers with such main sewer
subject to the direction, control and regulation of the said
board, and any person may, subject thereto and subject to
such terms, conditions and regulations as each city or town
may prescribe, connect private drains with such main sewer.
The sewerage systems of all cities and towns in said district
not now provided with such systems shall be constructed in
accordance with the so-called separate system of sewerage.

Section 15. Unless prior to January first, nineteen
hundred and thirty-six, at least the sum of ten million dol-
lars has been allocated by the federal government, under
authority of appropriate federal legislation, for some or all
of the purposes of this act, it shall thereupon cease to be
effective; provided, that nothing herein shall be deemed to
affect the validity of any note lawfully issued by the district,
under authority of any provision of this act, prior to said
date; and provided, further, that after said date the board
may continue to function, without compensation, for the
purpose of determining, assessing upon and collecting from
the several cities and towns in the district any moneys due or
to become due from them to the district or to the board
under any provision of this act or in consequence of any
act or thing lawfully done by the district or by the board
under authority of any such provision.

Section 16. This act shall take effect upon its passage.

Approved July 26, 1935.

541

An Act relative to the informal procedure before the (Jfidy 447

BOARD OF TAX APPEALS. ^'

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:

Chapter fifty-eight A of the General Laws is hereby g. l. (Ter.
amended by striking out section seven A, inserted therein fyA.et^,'
by section three of chapter three hundred and twenty-one amended.'
of the acts of nineteen hundred and thirty-three, and in-
serting in place thereof the following: — Section 7 A. The informal pro-
board shall estabhsh by rule an alternative procedure, boa^^of'tar

appeals.

542 Acts, 1935. — Chap. 447.

hereinafter referred to as the informal procedure, for the
determination of petitions for abatement of any tax upon
real estate or tangible personal property, where such pro-
cedure is elected by both parties, except as hereinafter pro-
vided. Such procedure, to the extent that the board may
consider practicable, shall eliminate formal rules of plead-
ing, practice and evidence, and, except for the entry fee
herein provided, may eliminate any or all fees and costs, or
may provide that costs shall be in the discretion of the
board. An appellant desiring to be heard under the infor-
mal procedure shall pay to the clerk the entry fee provided
in section seven, except that the minimum entry fee shall be
two dollars where the property on which the tax appealed
from was assessed is occupied in whole or in part by the
appellant as his dwelling, and shall file a written waiver of
the right of appeal to the supreme judicial court, except
upon questions of law raised by the pleadings or by an
agreed statement of facts or shown by the report of the
board, an election of the informal procedure and a written
statement of the facts in the case and of the amount claimed
in abatement together with such additional information as
the clerk may require. The statement last referred to may
be made on forms to be supplied by the board and, if the
appellant so requests and the assessed value of the property
concerned does not exceed twenty thousand dollars, shall
be made out for the appellant by the clerk or an employee
of the board designated by the board. The clerk shall then
serve a copy of such statement upon the appellee. No
further pleadings shall be required under this procedure if
the appellee intends to offer no other defense than that the
property was not overvalued; otherwise it shall file with
the board within thirty days of the service of such state-
ment an answer similar to that required under the procedure
provided by section seven, hereinafter referred to as the
formal procedure. If the assessed valuation of the prop-
erty concerned exceeds twenty thousand dollars, the ap-
pellee, within ten days of the date of the service of such
statement, may elect to have the appeal heard under the
formal procedure by so notifying the clerk in writing and
by paying to him a transfer fee of five dollars, in which
case the said statement shall be considered to be a petition
and such service to be service of the petition and the waiver
of the right of appeal by the appellant shall be void. If
the appellee does not so transfer the case, the informal
procedure shall be deemed to have been accepted and all
right of appeal waived by the appellee, except upon ques-
tions of law raised by the pleadings or by an agreed state-
ment of facts or shown by the report of the board. No
statement under the informal procedure shall relate to an
assessment on more than one parcel of real estate, except
where the board shall specifically permit otherwise. The
chairman shall provide for the speedy hearing of all appeals
to be heard under the informal procedure. The chairman

Acts, 1935. — Chap. 448. 543

shall make every effort to reduce the expense of "hearing
cases filed under the informal procedure by directing when-
ever possible that petitions for abatement of taxes assessed
upon real estate situated in the same general locality of
the same town be heard together, irrespective of the iden-
tity of the appellants. Approved July 26, 1936.

An Act providing for the purchase by the common- nhnr) 448

WEALTH OF THE DAM IN THE CHARLES RIVER NEAR MOODY ^'

STREET IN THE CITY OF WALTHAM.

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 protection of the public
health, safety and convenience.

Be it enacted, etc, as follows:

Section 1. For the protection of the public health and
safety and for the maintenance of an approximately con-
stant water level in the Charles river above the dam form-
erly owned by the Boston Manufacturing Company near
Moody street in the city of Waltham, the metropolitan
district commission is hereby authorized to acquire by
purchase, at a price not exceeding thirty-five thousand dol-
lars, said dam and such other works and real estate as may
be necessary for regulating the flow of said river at that
point and for the proper maintenance of said dam, together
with such water rights, rights of flowage, lands flowed by
said river or rights in such lands, and such other lands,
rights and easements, as it may deem advisable for said
purposes.

Section 2. Upon acquisition by said commission of
the land and rights referred to in section one, said city of
Waltham shall convey to the commonwealth any lands,
water rights and other rights owned by it in or near said
Charles river in the neighborhood of said dam, which the
metropolitan district commission may find it necessary or
desirable to acquire in behalf of the commonwealth for the
purposes of this act.

Section 3. For the purposes of this act, the metropoli-
tan district commission may expend such sum, not exceed-
ing twenty-five thousand dollars, as may hereafter be
appropriated therefor, and in addition, such sums not ex-
ceeding in the aggregate ten thousand dollars as may be
contributed by organizations or individuals and paid into
the state treasury. Said purchase price shall be paid not
earlier than December first of the current year, and said
sum of twenty-five thousand dollars shall be included in the
amounts to be assessed in the year nineteen hundred and
thirty-six upon the metropolitan parks district for mainte-
nance of reservations. Approved July 26, 1935.

544

Acts, 1935. — Chap. 449.

C/iap.449

Emergency
preamble.

G. L. (Ter.
Ed.), 18, § 17,
etc., amended.

State board
of housing,
members of,
appointment.

An Act further enlarging the powers of the state
board of housing and of certain limited dividend
corporations, and authorizing the establishment
of local housing authorities and defining their
powers and duties.

Be it enacted, etc., as follows:

Section 1. Section seventeen of chapter eighteen of the
General Laws, inserted by section one of chapter three
hundred and sixty-four of the acts of nineteen hundred and
thirty-three, is hereby amended by striking out, in the first
line, the words "an unpaid" and inserting in place thereof
the article: — a, — and by inserting after the word "chair-
man" in the ninth line the following: — There shall be paid
by the commonwealth to the chairman fifteen dollars, and
to each of the other members ten dollars, for every day spent
in the performance of his duties; provided, that the total
sum paid hereunder shall not in any year exceed fifteen hun-
dred dollars in the case of the chairman, and one thousand
dollars in the case of each of the other members, — so as
to read as follows : — Section 1 7. There shall be in the
department a state board of housing, in this and the follow-
ing section referred to as the housing board, consisting of
five members appointed by the governor, with the advice
and consent of the council, who shall be designated in their
initial appointments to serve respectively for one, two,
three, four and five years from December first in the year of
appointment. The housing board shall annually elect one
of its members as chairman. There shall be paid by the
commonwealth to the chairman fifteen dollars, and to
each of the other members ten dollars, for every day spent
in the performance of his duties; provided, that the total
sum paid hereunder shall not in any year exceed fifteen
hundred dollars in the case of the chairman, and one thou-
sand dollars in the case of each of the other members.
Upon the expiration of the term of office of a member, his
successor shall be appointed in the manner aforesaid for
five years. The majority of the members of the housing
board shall constitute a quorum for the transaction of its
business. A vacancy therein shall not impair its powers
nor affect its duties. It shall have a seal which shall be
judicially noticed, and shall make an annual report to the
general court and such additional reports to the general
court and the governor as it or he shall deem necessary or
advisable. The principal office of the housing board shall
be in Boston but it may sit at any place within the common-
wealth. The time and place of its meetings shall be pre-
scribed by the chairman. Adequate ofl&ces in the state

Acts, 1935. — Chap. 449.

545

house or elsewhere in said city shall be provided for the
housing board, and the proper county commissioners shall
provide it with suitable rooms in courthouses or other
buildings when necessary for hearings outside said city.

Section 1A. Section eighteen of said chapter eighteen,
as so inserted, is hereby amended by inserting after the
word "it" in the fifth line the following sentence: — The
attorney general shall furnish the necessary legal aid and
service to the board, — so as to read as follows : — Section
18. The housing board may, subject to the approval of the
governor and council, appoint and fix the compensation of
such employees, including a clerk, and make such expendi-
tures, as may be necessary in order to execute effectively the
functions vested in it. The attorney general shall furnish
the necessary legal aid and service to the board. The
members and employees of the housing board shall receive
their necessary traveling expenses and, except as otherwise
provided by law, their expenses actually incurred for sub-
sistence while traveling outside the city of Boston in the
performance of their duties. The necessary administra-
tive and other expenses of the housing board shall be paid
from such appropriations as may be made for the purpose.
All moneys received by the housing board as fees or other-
wise shall be paid at least monthly to the state treasurer.

Section 2. Section twenty-three of chapter one hun-
dred and twenty-one of the General Laws, as amended by
section two of said chapter three hundred and sixty-four,
is hereby further amended by striking out, in the seventh
line, the words "tenement houses" and inserting in place
thereof the words: — buildings used for human habitation,
— and by inserting after the word "people" in the eleventh
line the words: — and of organizations intended to rede-
velop slum or decadent areas that have become social or
economic liabilities to the community, — so as to read as
follows: — Section 23. The state board of housing, in this
and the eleven following sections called the housing board,
shall investigate defective housing, the evils resulting
therefrom and the work being done in the commonwealth
and elsewhere to remedy them, study the operation of
building laws and laws relating to buildings used for human
habitation, encourage the creation of local planning boards,
gather information relating to town planning for the use of
such boards, and promote the formation of organizations
intended to increase the number of wholesome homes for the
people and of organizations intended to redevelop slum or
decadent areas that have become social or economic liabili-
ties to the community, and shall supervise and control, as
hereinafter provided, the operations of corporations formed
under authority of section twenty-six E.

Section 2A. Said chapter one hundred and twenty-
one, as so appearing, is hereby amended by inserting after
section twenty-four the following new section : — Section
24A. The housing board may, with the consent of the

G. L. (Ter.
Ed.), 18, § 18,
etc., amended.

Board may
appoint clerks,
etc.

G. L. (Ter.
Ed.), 121, § 23,
etc., amended.

Duties of
the board.

G. L. (Ter.
Ed.), 121, new
section 24A,
added.
May accept
federal funds.

546

Acts, 1935. — Chap. 449.

G. L. (Ter.
Ed.). 121.
i 26H, etc..
amended.

Control of
board over
receipts of
housing cor-
porations.

1933, 364, J 8,
amended.

Corporations
may contract
with federal
authority.

governor and council, accept and use for carrying out any
project under the provisions of section twenty-four any
grant of federal funds under any act of congress.

Section 3. Said chapter one hundred and twenty-one
is hereby further amended by striking out section twenty-
six H, as appearing in section six of said chapter three
hundred and sixty-four, and inserting in place thereof the
following : — Section 26 H. Should the gross receipts of
any such corporation from the operation of any project
undertaken by it to provide housing for families of low in-
come, under authority of sections twenty-three to twenty-
six H, inclusive, exceed (a) operating and management
expenses; (h) taxes; (c) interest on mortgages and income
debenture certificates; (d) dividends; (e) authorized trans-
fer to surplus; and (/) amortization; the balance may, in
the discretion of the housing board, be apphed in whole or
in part to renovating or to improving the property, as by
installing additional facilities for the use of tenants, to the
acquisition and development of additional housing property
which shall be subject to the same control and regulation
as the original project or as a rebate on rentals due during
the fiscal year of such corporation in which the balance was
earned; provided, that the amount available for such re-
bate shall be entirely so applied within one year after it
becomes available. The charges for operation and mainte-
nance may include insurance and reserves essential to the
management of the property or necessary to meet require-
ments for depreciation and amortization of bonded indebt-
edness, but the amount set aside therefor shall be subject
to the approval of the housing board. Nothing in sec-
tions twenty-three to twenty-six H, inclusive, shall be con-
strued to obligate the commonwealth, or to pledge its
credit, to any payment whatsoever to any such corporation
or to any stockholder, bondholder or creditor thereof, nor
shall anything herein contained be construed as granting
to any such corporation any exemption from taxation.

Section 4. Section eight of said chapter three hundred
and sixty-four is hereby amended by striking out, in the
tenth line, the words "and slum clearance" and inserting
in place thereof the words: — or of redevelopment of sub-
standard areas, — and by inserting after the word "corpora-
tion" in the eighth hne the words: — , or with any other
federal agency or subdivision thereof, — so as to read as
follows: — Section 8. Any corporation formed under
authority of section twenty-six E of chapter one hundred
and twenty-one of the General Laws may enter into any
contract with the federal emergency administrator of public
works authorized by the act of congress approved June six-
teenth, nineteen hundred and thirtj''-three, and known as
the National Industrial Recovery Act, or with the recon-
struction finance corporation, or with any other federal
agency or subdivision thereof, with respect to the construc-
tion, reconstruction, alteration or repair under public regu-

Acts, 1935. — Chap. 449.

547

Law, how
cited.

Definitions.

lation or control of low-cost housing or of redevelopment of
substandard areas or similar projects, and may accept and
receive aid from him or it in the construction or financing
of such projects and may purchase or lease from such fed-
eral emergency administrator property acquired by him
in connection with the construction of any such project;
provided, that such corporation shall at all times remain
subject to sections twenty-three to twenty-six H, inclusive,
of said chapter one hundred and twenty-one, and nothing in
said sections or in this act shall render the commonwealth
liable for any indebtedness or liability incurred, acts done
(including any taking by eminent domain), or omissions
or failures to act of any such corporation.

Section 5. Said chapter one hundred and twenty-one is g. l. (Xer.
hereby further amended by inserting after section twenty- Actions Vei^^
six H, as appearing in section six of said chapter three *°i|^^'
hundred and sixty-four, under the caption housing au-
thorities, the following twenty new sections: —

Section 261. This section and the nineteen following
sections shall be known and may be cited as the Housing
Authority Law.

Section 26 J, The following words whenever used in
sections twenty-six J to twenty-six AA, inclusive, shall,
unless a different meaning clearly appears from the context,
have the following meanings : —

"Housing board" or "Board", the state board of housing
established under section seventeen of chapter eighteen.

"Substandard", a condition inconsistent with the re-
quirements of safie, healthy and moral living.

"Area", a section of a town wherein unsanitary or sub-
standard housing conditions exist, and wherein at least
fifty per cent of the ground space, exclusive of space used
for streets and ways, is occupied by buildings which are
used principally for human habitation and are substand-
ard. Subject to the foregoing, an area may include land
improved or unimproved, and buildings or improvements
not in themselves unsanitary or substandard, the inclusion
of which is necessary for the effective clearance, replanning
or reconstruction of the area or any part thereof.

"Housing Authority" or "Authority", a public body
politic and corporate created pursuant to the provisions of
section twenty-six L.

"Project", a plan or undertaking for the clearance, replan-
ning or reconstruction of an area or areas, or part or parts
thereof; and as a part of the plan for the clearance, replan-
ning or reconstruction of such area or areas, for providing
for persons of low income housing accommodations in said
area or areas and in addition elsewhere, to the extent neces-
sary to provide in the aggregate accommodations for per-
sons equal in number to those whose dwellings on said area
or areas are demolished. The word "project" shall include
the lands, buildings and improvements acquired, owned,
constructed, managed or operated hereunder, to provide

548

Acts, 1935. — Chap. 449.

Power to take
private prop-
erty.

Munidpal
housing
authority
may be
established.

housing accommodations for persons of low income, and
such stores, and commercial, social, recreational or com-
munal facihties as may reasonably be incidental or appro-
priate to such project.

Section 26K. It is hereby declared that in certain por-
tions of the commonwealth there exist unsanitary or sub-
standard housing conditions, and that there is not in the
commonwealth, within a reasonable distance of the princi-
pal centres of employment, an adequate supply of decent,
safe and sanitary dwelling accommodations for persons of
low income; that this situation tends to cause an increase
and spread of disease and crime and constitutes a menace
to the health, safety, morals, welfare and comfort of the
inhabitants of the commonwealth and is detrimental to
property values therein; that this situation cannot readily
be remedied by the ordinary operations of private enter-
prise; that the clearance, replanning and reconstruction of
the sections in which unsanitary or substandard housing
conditions exist and the providing of decent, safe and sani-
tary dwelling accommodations in such sections and, in
connection with such clearance, the replanning and recon-
struction of dwellings elsewhere as provided in section
twenty-six J for persons of low income are purposes for
which private property may be acquired by eminent do-
main; and the enactment of sections twenty-six J to twenty-
six AA, inclusive, is declared to be a pubhc necessity.

Section 26L. Whenever the mayor and city council of
a city determine that a housing authority is needed therein
for the purpose of remedying conditions of the type referred
to in section twenty-six A, they may by vote estabUsh such
an authority. A town may vote, in an annual town meet-
ing or in a special town meeting called therefor, to estab-
lish such an authority for such purpose. If a town so votes,
four members of such an authority shall be designated forth-
with by the selectmen to serve until the next annual town
meeting, when they shall be succeeded by the elective mem-
bers hereinafter provided for, who shall be elected at such
annual town meeting. No special town meeting for the
purpose of voting on the question of establishing a housing
authority shall be held less than sixty days prior to the
annual town meeting. Every such authority shall be a
body politic and corporate and shall be managed, controlled
and governed by five members, appointed or elected as
herein provided. In a city, four members shall be ap-
pointed by the mayor and city council and one by the hous-
ing board; provided, that, of the members originally ap-
pointed, the member appointed by the board shall serve for
the term of three years, and that the other members shall be
appointed to serve for terms of one, two, four and five years,
respectively. In a town, four members shall be elected
by the town and one appointed by the housing board; pro-
vided, that, of the members originally elected at an annual
town meeting, the one receiving the highest number of votes

Acts, 1935. — Chap. 449. 549

shall serve for five years, the one receiving the next highest
number of votes, for four years, the one receiving the next
highest number of votes, for two years, and the one receiv-
ing the next highest number of votes, for one year, and that
the member originally appointed by the board shall serve
for three years. Thereafter, as the term of a member of
any such housing authority expires, his successor shall be
appointed or elected, in the same manner and by the same
authority, for the term of five years. Vacancies, other
than by reason of expiration of terms, shall be filled in hke
manner for the balance of the unexpired term. Three
members shall constitute a quorum. Every member, unless
sooner removed, shall serve until the qualification of his
successor.

The name of every housing authority shall include the
name of the city or town and the words "Housing Au-
thority".

As soon as possible after the qualification of the members
of a housing authority the city or town clerk, as the case
may be, shall file a certificate of such appointment or elec-
tion, or both, with the board and a duplicate thereof in the
office of the state secretary, whereupon such housing author-
ity shall be estabUshed. Whenever the membership of
a housing authority is changed, by appointment, election,
resignation or removal, a certificate and a duplicate certifi-
cate to that effect shall promptly be so filed. A certificate
so filed shall be conclusive evidence of the proper estab-
lishment, or of the change in membership, as the case may
be, of the housing authority referred to therein.

The mayor and city council or the board of selectmen
may make or receive written charges against, and may after
hearing remove, because of inefficiency, neglect of duty and
misconduct in office, or any of such causes, a member of a
housing authority appointed by the mayor and city council,
elected by the town or designated by the selectmen, as the
case may be; provided, that such member shall have been
given, not less than fourteen days before the date set for
such hearing, a copy in writing of the charges against him
and written notice of the date and place of the hearing to be
held thereon, and at the hearing shall have been given the
opportunity to be represented by counsel and to be heard in
his own defence. Pending their final action upon any such
charges, the mayor and city council or the board of select-
men, as the case may be, may temporarily suspend such
member; provided, that if they find that such charges have
not been substantiated, they shall immediately reinstate
him in his office. In case of any such removal the removing
authority shall forthwith dehver to the clerk of the city or
town, for filing with the certificate and with the duplicate
certificate, attested copies of such charges and of its find-
ings thereon.

The mayor and city council or the board of selectmen,
as the case may be, may prefer to the board written charges

650

Acts, 1935. — Chap. 449.

Chairman,
etc.

Agents of
authority.

Members and
agents not to
be interested
financially
in projects.

Authority
may borrow
money.

of inefficiency, neglect of duty and misconduct in office, or
any of such charges, against the member of a housing au-
thority appointed by the board, in which case the pertinent
provisions of the preceding paragraph relative to notice,
hearing, suspension, removal or reinstatement, and filing,
shall apply to proceedings before the board. If, after hear-
ing thereon, the board finds the charges, or any of them, to
have been substantiated, and that removal of the member
is advisable, it shall remove such member.

Members of a housing authority shall receive no com-
pensation for their services, but shall be allowed, or be reim-
bursed for, all expenses properly incurred by them in the
discharge of their duties. Such expenses may be allocated
by the housing authority among its various projects, in
such manner and amounts as it deems proper.

Section 26M. A housing authority shall elect from
among its members a chairman and a vice-chairman, and
may employ counsel, a director who shall be ex-officio secre-
tary of the housing authority, and such other officers, agents
and employees as it deems necessary or proper, and shall
determine their qualifications, duties and compensation;
provided, that no payments for or on account of the com-
pensation or expenses of any person employed hereunder
except as authorized by section twenty-six T shall be made
from any funds received from the city or town, but shall be
made exclusively from the funds of, and be a part of the
expenses of, the project or projects undertaken by such
housing authority.

Section 26N. A housing authority may delegate to one
or more of its members, agents or employees such powers
and duties as it deems necessary or proper for the carrying
out of any action determined upon by it.

Section 260. No member, agent or employee of a housing
authority shall, directly or indirectly, have any interest,
financial or otherwise, in any property to be included in,
or any contract for property, materials or services to be
furnished or used in connection with, any project of such
housing authority. Whoever violates any provision of this
section shall be punished by a fine of not less than fifty nor
more than one thousand dollars, or by imprisonment for
not more than one month, or both.

Section 26P. A housing authority, with the written ap-
proval of the board in each instance, may enter into agree-
ments, relative to the acceptance or borrowing of funds
for any project or providing for the supervision or control
of any project, with the federal government or any agency
thereof, including specifically, but without limiting the
generality of the preceding provision, the Federal Emer-
gency Administration of Public Works, the Federal Hous-
ing Administration and the Public Works Emergency
Housing Corporation. Any such agreement may also con-
tain such other covenants, terms and conditions as the hous-
ing authority, with like approval, may deem advisable.

Acts, 1935. — Chap. 449. 551

Section 26Q. A housing authority shall have all the Powers of
powers necessary or convenient to carry out and effectuate aCthJSfty.
the purposes and provisions of sections twenty-six J to
twenty-six AA, inclusive, including clearing, replanning or
rebuilding areas in the city or town in which it is established
and providing housing therein or elsewhere to the extent
designated in section twenty-six J for persons of low income
and shall have the following powers in addition to others
specifically granted elsewhere in said sections: —

(a) To sue and to be sued; to have a seal; to have cor-
porate succession; to receive loans and grants from the
federal government or any agency thereof; to conduct in-
vestigations relative to housing and living conditions and
any other matter deemed by it to be material for its in-
formation in connection with any of its powers and duties.

(6) To determine what areas within its jurisdiction are
unsanitary or substandard and to prepare plans for projects
in such areas or elsewhere to the extent designated in sec-
tion twenty-six J ; to take by eminent domain under chapter
seventy-nine or chapter eighty A of the General Laws, or to
purchase or lease, or to acquire by gift, bequest or grant,
and hold, sell, exchange, transfer, assign or mortgage, any
property in such areas, real or personal, or any interest
therein, found by it to be necessary or reasonably required
to carry out the purposes of sections twenty-six J to twenty-
six AA, inclusive, or any of such sections; provided, that
no land shall be taken by eminent domain under said chap-
ter seventy-nine for the location of a project unless the
authority has first acquired control over at least sixty-five
per cent of the territory required for such project by pur-
chase or gift or by contract for or option to purchase; and
provided, further, that in case of a taking by eminent do-
main under said chapter seventy-nine, the provisions of
section forty of said chapter shall be applicable, except
that the security therein required shall be deposited with the
mayor of the city or the selectmen of the town in which the
property to be taken is situated; to clear and improve any
property so acquired ; to engage in or contract for the con-
struction, reconstruction, alteration or repair of any proj-
ect or parts thereof; to act as agent of, or to cooperate
with, any agency of the federal government in any clear-
ance or housing project; to lease, to operate, and to estab-
lish, or revise, schedules of rents for, any project or part
thereof undertaken by it; to borrow money upon the se-
curity of its bonds, notes or other evidences of indebtedness
and to secure the same by mortgages upon property held or
to be held by it or by pledge of its revenue or in any other
lawful manner; to invest in securities legal for the invest-
ment of funds of savings banks any funds held by it and not
required for immediate disbursement; to enter into, exe-
cute and carry out contracts and all other instruments neces-
sary or convenient to the exercise of the powers granted in
said sections twenty-six J to twenty-six AA, inclusive ; and

552

Acts, 1935. — Chap. 449.

Approval of
plans, etc.

May secure
options on
property.

to make, and from time to time to amend or repeal, by-laws,
rules and regulations to carry into effect its powers and
purposes under said sections; provided, that the same are
not inconsistent with said sections, or with the pertinent
rules and regulations of the housing board, or with law.

Section 26R. When an area shall have been determined
by a housing authority to be an area within which a project
should be constructed, said housing authority may design
a project for the clearance and rebuilding of the area, or any
part thereof, or for providing housing accommodations for
persons of low income in an area so cleared, and shall sub-
mit to the housing board the plans and layout of the project,
the estimated cost thereof, the proposed method of financ-
ing it, and a detailed estimate of the expenses and revenues
thereof. If the housing board finds that the plans and lay-
out conform to proper standards of health, sanitation and
safety, that the financial plan is sound and that with the
aid of any federal grant or other subsidy the revenue from
the project will be sufficient to meet its annually recurring
expenses, including, without limitation of the foregoing,
taxes, depreciation and service of its indebtedness, and that
the probable costs are such that it will be practicable to,rent
the reconstructed or newly constructed property within the
maximum rentals established by the housing board for the
locality within which such project is to be undertaken with-
out incurring an annual deficit, it shall, within thirty days
after submission of the project give written notice to the
authority of its approval. If the housing board shall disap-
prove any project, it shall state in writing its reasons for
disapproval. Unless and until such written approval is
obtained, the housing authority shall not, except as other-
wise provided in the following section, undertake such proj-
ect. A project which has not been approved by the housing
board when submitted to it may be again submitted to it with
such modifications as are necessary to meet its objections.

Section 26S. When a housing authority has determined
the location of a proposed project it may, without awaiting
the approval of the housing board, proceed, by option or
otherwise, to obtain control of the real property within the
area, provided that it shall not unconditionally obligate
itself to purchase any such property. When a project has
been approved, and notice thereof given to the housing
authority, the housing authority may proceed at once to
acquire real estate within the location of the project, either
by eminent domain as provided in section twenty-six Q
or by grant, purchase, lease, gift, exchange or otherwise,
and may construct, or contract for the construction of, the
buildings and facilities planned for the project. Except
as herein otherwise provided, the provisions of said chapter
seventy-nine and said chapter eighty A relative to counties,
cities, towns and districts, so far as pertinent, shall be ap-
plicable to a housing authority, and the members of a hous-
ing authority shall act on its behalf under said chapter.

Acts, 1935. — Chap. 449.

553

Section 26T. For the purpose of defraying the initial
costs and expenses of a housing authority authorized to be
estabHshed therein, including the expenses of preparing
plans, making surveys, and the like, in connection with one
or more proposed projects, a city or town with a valuation
of less than five million dollars may appropriate not more
than one thousand dollars; a city or town with a valuation
of five million dollars but less than twenty million dollars
may appropriate not more than three thousand dollars; a
city or town with a valuation of twenty million dollars but
less than seventy-five million dollars may appropriate not
more than four thousand dollars; a city or town with a
valuation of seventy-five million dollars but not more than
one hundred and fifty million dollars may appropriate not
more than five thousand dollars; and a city or town with
a valuation of more than one hundred and fifty million
dollars may appropriate five thousand dollars for each one
hundred and fifty million dollars of valuation or fraction
thereof.

Section 26U. Upon the completion of a project by a
housing authority, it shall be maintained and operated by
such authority until the property therein is sold or other-
wise disposed of. The rentals for the housing facilities
therein shall not exceed the maximum rentals fixed by the
housing board for projects in the locality by regulations
made pursuant to section twenty-six Y unless higher rentals
are authorized by the housing board in any particular case.
The real estate of a housing authority, together with im-
provements thereon, shall be subject to taxation at the same
rate and in the same manner as other property in the same
city or town. All projects of a housing authority shall be
subject to the town planning, zoning, health and building
laws, ordinances, by-laws and regulations.

Section 26V. Each housing authority shall keep an
accurate account of all its activities and of all its receipts
and expenditures and shall annually in the month of Janu-
ary make a report thereof to the housing board. All moneys
received in excess of operating expenses shall first be devoted
to the payment of interest upon the obligations and to the
fulfillment of all contractual and other requirements with
respect to the payment of the principal thereof.

Section 26W. No bond, note or other evidence of indebt-
edness executed, or obligation or liability incurred, by a
housing authority shall be a debt or charge against the com-
monwealth or any political subdivision thereof other than
such housing authority. A housing authority shall be liable
in contract or tort in the same manner as a private corpora-
tion. The members of a housing authority shall not be
personally liable as such on its contracts, or for torts not
committed or directly authorized by them.

Section 26X. Whenever a housing authority desires to
discontinue its operations, it shall make application to the
housing board for authority to dissolve. If such applica-

City or town
may borrow
funda to pay
initial costs,
etc.

Management
of project
upon com-
pletion.

Accounts to
be kept.

Indebtedness
restricted.

Discontinu-
ance and
dissolution.

554

Acts, 1935. — Chap. 449.

Board may
investigate
affaire of
authorities.

Common-
wealth not to
be obligated
for any
indebtedneBB.

Civil BPrvice
ruleB, eto., not
to apply to
employees.

tion be granted, the housing board shall act as receiver of
such authority, subject to the supervision of the superior
court for the county in which the authority is located, and
shall take possession, and dispose, of all property belonging
to the housing authority and, after paying all indebtedness
of the housing authority and the expenses of administering
its dissolution, shall pay the balance remaining, if any, into
the treasury of the city or town in which the housing au-
thority operated.

Section 26 Y. The housing board may investigate the
affairs of housing authorities and their dealings, transac-
tions and relationships. It shall have the same power to
examine into the properties and records of housing authori-
ties and to prescribe methods of accounting and the ren-
dering of periodical reports in relation to projects under-
taken by them as is provided by sections twenty-three to
twenty-six H, inclusive, in the case of limited dividend
corporations. It may from time to time make, amend and
repeal rules and regulations fixing standards and principles
governing the planning, construction, maintenance and
operation of projects by housing authorities. Such rules
and regulations shall provide for limiting the occupancy
as tenants of space in housing constructed as part of a project
to persons whose financial circumstances are such that they
cannot afford to rent space in privately owned housing
which is not substandard, within a reasonable distance of
such project. The maximum rents to be charged for hous-
ing accommodations provided by projects shall be set by the
board for each locality at a figure sufficiently low to be
within the means of laborers and wage earners of low in-
come. Compliance with the provisions of sections twenty-
six J to twenty-six AA, inclusive, the rules and regulations
adopted by the housing board hereunder, and the terms of a
project approved by the housing board, may be enforced
in the same manner as is provided by section twenty-six B
for the enforcement of the orders of the housing board in the
case of a project operated by a limited dividend corpora-
tion, and all pertinent provisions of said section twenty-six
B shall apply in case of any non-compliance with any provi-
sion of said sections twenty-six J to twenty-six AA, in-
clusive.

Section 26Z. Nothing in sections twenty-six J to twenty-
six AA, inclusive, shall be construed to obligate the common-
wealth, or to pledge its credit, to any payment whatsoever
to any housing authority or to any stockholder, bondholder
or creditor thereof, nor shall anything therein contained be
construed as granting to any housing authority any exemp-
tion from taxation or to render the commonwealth Hable
for any indebtedness or liability incurred, acts done (includ-
ing any taking by eminent domain), or omissions or failures
to act, of any housing authority.

Section 26 A A. Chapter thirty-one and the rules and
regulations made thereunder shall not apply to any officer,

Acts, 1935. — Chap. 450. 555

agent or employee of a housing authority or to any person
employed on, or in connection with, any project of a housing
authority.

Section 26BB. The provisions of sections twenty-six I Constitution-
to twenty-six AA, inclusive, are hereby declared to be aSected! when,
severable and, if any such provision shall be held to be
invalid or unconstitutional, such invalidity or unconstitu-
tionality shall not be construed to affect the validity or
constitutionaUty of any of the remaining provisions of said
sections. It is hereby declared to be the legislative intent
that said sections would have been adopted had such in-
valid or unconstitutional provision not been included
therein. Approved July 26, 1935.

An Act providing retirement allowances based on Qjidj) 459

ANNUITY AND PENSION CONTRIBUTIONS FOR EMPLOYEES
OF THE CITY OF FITCHBURG.

Be it enacted, etc., as follows:

PURPOSE OF THE ACT.

Section 1. The purpose of this act is to improve the
efficiency of the public service of the city of Fitchburg,
hereinafter called the city, by the retirement of disabled or
superannuated 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: —

(1) "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.

(2) "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.

(3) "Annuity", annual payments for life derived from
the accumulated deductions of a member. All annuities
shall be paid in monthly instalments.

(4) "Annuity reserve", the present value of all payments
to be made on account of any annuity or benefit in Heu of
any annuity computed upon the basis of such mortality
tables as shall be adopted by the retirement board and regu-
lar interest.

(5) "Beneficiary", any person in receipt of a pension, an
annuity, a retirement allowance or other benefit as provided
by this act.

(6) "Creditable service", "prior service" plus "member-
ship service", for which credit is allowable as provided in
section five of this act.

(7) "Employee", any person, including any police officer

556 Acts, 1935. — Chap. 450.

and fireman, who is regularly employed in the service of,
and whose salary or compensation is paid by, the city, ex-
cept employees who hold office by popular election, who
are not members at the time of their election, employees
of the Burbank hospital, and teachers in the public schools
as defined by section six of chapter thirty-two of the Gen-
eral Laws. In all cases of doubt the retirement board shall
decide who is an employee within the meaning of this act.

(8) "Member", any employee included in the retirement
system as provided in section four of this act.

(9) "Membership service", service as an employee ren-
dered since last becoming a member.

(10) "Pension", annual payments for hfe derived from
contributions made by the city. All pensions shall be paid
in monthly instalments.

(11) "Pension reserve", the present value of all payments
to be made on account of any pension or benefit in lieu of
any pension computed upon the basis of such mortality
tables as shall be adopted by the retirement board and regu-
lar interest.

(12) "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.

(13) "Regular compensation", the annual compensation
determined by the head of the department for the indi-
vidual 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 over-
time payments.

(14) "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 pro-
posed 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.

(15) "Retirement allowance", the sum of the "annuity"
and the "pension".

(16) "Retirement board", the board provided in section
fourteen of this act to administer the retirement system.

(17) "Retirement system", the arrangement provided
in this act for the retirement of, and payment of retirement
allowances to, employees as defined in paragraph (7) of this
section.

(18) "Service", service as an employee as described in
paragraph (7) of this section and paid for by the city.

NAME AND DATE SYSTEM IS FIRST OPERATIVE.

Section 3. A retirement system is hereby established
and placed under the management of the retirement board

Acts, 1935. — Chap. 450. 557

for the purpose of providing retirement allowances under
the provisions of this act for employees of, or employees
paid by, the city. The retirement system so created shall
have the powers and privileges of a corporation and shall be
known as the "Fitchburg 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-six.

MEMBERSHIP.

Section 4, Except as expressly limited herein as to age,
in paragraph four of this section, 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 system be-
comes operative may become members of the retirement
system on their own application, and all such employees
who shall complete one year of service thereafter and dis-
ability 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 be-
coming members as above provided shall receive no pen-
sion 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
to the contrary in this or any other special or general law
notwithstanding.

(h) 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 com-
monwealth shall become members as of the first day this
retirement system becomes operative, unless on or before a
date not more than ninety 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 apphcable 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 there-
after make written application to join this system and shall
therein waive and renounce all benefits of any other pen-
sion or retirement system supported wholly by the city, but

558 Acts, 1935. — Chap. 450.

no such employee shall receive credit for prior service unless
he make such application for membership 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 admit-
ted 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 becomes 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) Persons over the age of fifty-five who enter the service
of the city on or after the date when this retirement system
becomes operative shall not become members thereof, and
no such employee shall remain in the service of the city after
reaching the age of seventy.

(5) 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 in-
formation regarding other employees therein as the retire-
ment 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
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 re-
quire, the retirement board may reclassify him in and trans-
fer him to another group.

(6) 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 hereunder
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

Acts, 1935. — Chap. 450. 559

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.

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 pro-
gressed 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 preced-
ing the date this system became operative as the records
show the member actually received.

(4) Upon verification of the statements of service the
retirement board shall issue prior service certificates certify-
ing to each member entitled to credit for prior service the
length of service rendered prior to the date the retirement
system first became operative, with which he is credited on
the basis of his statement of service. So long as member-
ship continues a prior service certificate shall for retirement
purposes be final and conclusive as to such service; pro-
vided, that any member may, within one year from the
date of issuance or modification of such certificate, request
the retirement board to modify or correct his prior service
certificate.

When membership ceases such prior service certificates
shall become void. Should the employee again become a
member, such employee shall enter the system as an em-
ployee not entitled to prior service credit except as provided
in subsection three of section nine.

(5) Creditable service at retirement shall consist of the
membership service rendered by the member since he last
became a member and also, if he has a prior service certifi-
cate which is in full force and effect, the amount of the
service certified on his prior service certificate.

560 Acts, 1935. — Chap. 450.

SERVICE RETIREMENT.

Conditions for Allowance.

Section 6. (1) Any member in service who shall have
attained age sixty shall, either upon his own written applica-
tion or that of the head of his department, be retired for
superannuation not less than thirty nor more than ninety
days after the filing of such application. A member whose
retirement is applied for by the head of his department
or the mayor shall be entitled to a notice of such application
and to a hearing before the retirement board, provided he
requests such hearing in writing within ten days of the re-
ceipt of such notice; and unless the retirement board finds
on hearing, that the member is able to properly perform his
duties and files a copy of its findings with the head of his
department, the retirement shall become effective thirty
days from the time of the filing of such finding.

Any member in service who shall have attained age
seventy shall be retired for superannuation not less than
thirty nor more than ninety days after attaining such age,
or after this system becomes operative, if such age was at-
tained prior thereto.

Amount of Allowance.

(2) Upon retirement for superannuation a member of
the retirement system shall receive a retirement allowance
consisting of —

(a) An annuity which shall be the actuarial equivalent
of his accumulated deductions at the time of his retire-
ment, and

(6) A pension equal to the annuity allowable at age sixty,
computed on the basis of contributions made prior to the
attainment of age sixty, and

(c) If he has a prior service certificate in full force and
effect an additional pension which is the actuarial equiva-
lent of twice the pension which would have been payable
under paragraph (6) above, on account of the accumulated
deductions which would have resulted from contributions
made during the period of his creditable prior service had
the system then been in operation.

The total pension of any member payable under the
provisions of this section shall not, however, exceed one
half of his average annual regular compensation during 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.

ORDINARY DISABILITY RETIREMENT.

Conditions for Allowance.
Section 7. (1) Upon the appHcation of a member in
service or of the head of his department, any member who

Acts, 1935. — Chap. 450. 561

has had twenty or more years of creditable service may be
retired by the retirement board, not less than thirty and
not more than ninety days next following the date of filing
such application, on an ordinary disability retirement al-
lowance; provided, that the city physician, after a medical
examination of such member, shall certify that such mem-
ber is mentally or physically incapacitated for the further
performance of duty, that such incapacity is likely to be
permanent and that such member should be retired.

Amount of Allowance.

(a) An annuity which shall be the actuarial equivalent
of his accumulated deductions at the time of his retirement,
and

(6) A pension of ninety per centum of the pension that
would have been provided by the city for the member had
he remained without further change of compensation in the
service of the city until he reached age sixty and then
retired.

ACCIDENTAL DISABILITY RETIREMENT.

Conditions for Allowance.

Section 8, (1) Upon application of a member in serv-
ice, or of the head of his department, any member who has
been totally and permanently incapacitated for duty as the
natural and proximate result of an accident occurring in the
performance and within the scope of his duty at some
definite time and place, without wilful negligence on his
part, shall be retired not less than thirty nor more than
ninety days following the date of filing of such application;
provided, that the city physician, after an examination of
such member, shall report that said member is physically
or mentally incapacitated for the further performance of
duty, that such incapacity is likely to be permanent, and
that said member should be retired, and the retirement
board shall concur in such report and find that the physical
or mental incapacity is the natural and proximate result of
such an accident and that such disability is not the result
of wilful negligence on the part of said member and that
said member should be retired.

Amount of Allowance.

(a) An annuity which shall be the actuarial equivalent
of his accumulated deductions at the time of his retirement,
and

562 Acts, 1935. — Chap. 450.

(6) A pension equal to one half of the average rate of his
regular annual compensation for the year immediately pre-
ceding the date of the accident.

RE-EXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
OF DISABILITY.

Section 9. (1) Once each year during the first five
years following retirement of a member on a disability retire-
ment allowance, and once in every three-year period there-
after, the retirement board may, and upon his application
shall, require any disability beneficiary who has not yet
attained age sixty to undergo a medical examination by the
city physician or a physician or physicians designated by
the retirement board and approved by the mayor, such
examination to be made at the place of residence of said
beneficiary or other place mutually agreed upon. Should
any disability beneficiary who has not yet attained the
age of sixty refuse to submit to at least one medical examina-
tion in any such period of one or three years, as the case
may be, his allowance may be discontinued until his with-
drawal of such refusal, and should his refusal continue for a
year, all his rights in and to his pension shall be revoked by
the retirement board.

(2) Should such physician or physicians report and
certify to the retirement board that such disability benefi-
ciary is engaged in or is able to engage in a gainful occupa-
tion paying more than the difference between his retire-
ment allowance and his final regular compensation, and
should the retirement board concur in such report, then the
amount of his pension shall be reduced to an amount which,
together with his annuity and the amount earnable by him,
shall equal the amount of his final regular compensation.
Should his earning capacity 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 earnable by the beneficiary
together with his annuity, equals the amount of his final
regular compensation. A beneficiary restored to active
service at a salary less than the final regular compensation
upon the basis of which he was retired shall not become a
member of the retirement system.

(3) Should a disability beneficiary be restored to active
service at a compensation not less than his final regular
compensation, his retirement allowance shall cease, he
shall again become a member of the retirement system, and
he shall contribute thereafter at the same rate he paid prior
to disability. Any prior service certificate on the basis of
which his service was computed at the time of his retire-
ment shall be restored to full force and effect, and in addi-
tion upon his subsequent retirement he shall be credited
with all his service as a member.

Acts, 1935. — Chap. 450. 563

RETURN OF ACCUMULATED DEDUCTIONS.

Section 10. (1) Within sixty days after the filing with
the retirement board of a request therefor, any member
who shall have ceased to be an employee by resignation or
discharge or for any reason other than death or retirement
shall be paid the amount of his accumulated deductions.

(2) Should a member die while an employee, his accumu-
lated deductions shall be paid to his legal representative;
provided, that if the sum so due does not exceed three hun-
dred dollars, and there has been no demand therefor by a
duly appointed executor or administrator, payment may be
made, after the expiration of three months from the date of
death of such member, to the persons appearing, in the judg-
ment of the retirement board, to be entitled thereto, and
such payment shall be a bar to recovery by any other person.

ACCIDENTAL DEATH BENEFIT.

Section 11. If, upon receipt by the retirement board
of proper proofs of the death of a member, the retirement
board shall decide that such death was the natural and
proximate result of an accident occurring not more than one
year prior to the date of death at some definite time and place
while the member was in actual performance and within
the scope of his duty, and not the result of wilful negli-
gence on his part, and if the deceased member is survived
by any of the dependents enumerated below, there shall be
paid, in addition to accumulated deductions under sub-
section (2) of section ten, an accidental death benefit con-
sisting of a pension equal to one half the average regular
annual compensation received by the deceased member for
the year preceding the date of the accident, said pension
to be paid —

(a) To the surviving husband or wife of the deceased
member so long as he or she lives and remains unmarried;
or

(6) If there be no surviving husband or wife or if the
surviving husband or wife dies or remarries before every
child of such deceased member shall have attained the age
of eighteen years, then to his child or children under such
age, divided in such manner as the retirement board in its
discretion shall determine, to continue as a joint and sur-
vivor pension until every such child dies or attains the age
of eighteen years; or

(c) If there be no husband or wife or child under the age
of eighteen years surviving such deceased member, then
to either his or her dependent father or dependent mother,
as the retirement board in its discretion shall determine, to
continue for life or until remarriage.

OPTIONAL benefits.

Section 12. Subject to the provisions that no optional
selection shall be effective in case a beneficiary dies within

564 Acts, 1935. — Chap. 450.

thirty days after retirement, and that such a beneficiary
shall be considered as an active member at the time of
death, until the first payment on account of any retire-
ment allowance is made, the member, or if he be an incom-
petent then his wife, or if he have no wife, his conservator
or guardian, may elect to convert the retirement allowance
otherwise provided for in this system into a lesser retire-
ment allowance of equivalent actuarial value payable
throughout his life, with the provision that —

Option 1. — If he die before he has received in payments
of his annuity the present value of his annuity as it was at
the time of his retirement, the balance shall be paid to his
legal representative or to such person having an insurable
interest in his life as he, or if he be an incompetent then his
wife, or if he have no wife, his conservator or guardian, shall
" have nominated by written designation duly acknowledged
and filed with the retirement board; or

Option 2. — Upon his death, his lesser retirement allow-
ance shall be continued throughout the life of and paid to
such person having an insurable interest in his life as he,
or if he be an incompetent then his wife, or if he have no
wife, his conservator or guardian, shall have nominated by
written designation duly acknowledged and filed with the
retirement board at the time of his retirement ; or

Option 3. — Upon his death, one half his lesser retirement
allowance shall be continued throughout the life of and
paid to such person having an insurable interest in his life
as he, or if he be an incompetent then his wife, or if he have
no wife, his conservator or guardian, shall have nominated
by written designation, duly acknowledged and filed with
the retirement board at the time of his retirement.

COMPENSATION BENEFITS OFFSET.

Section 13. Any amounts paid or payable by the city
under the provisions of the workmen's compensation law
to a member or to the dependents of a member on account
of death or disability shall be offset against and payable
in lieu of any benefits payable out of funds provided by the
city under the provisions of this act on account of the death
or disability of a member. If the value of the total com-
muted benefits under the workmen's compensation law
is less than the reserve on the pension otherwise payable
under this act, the value of such commuted payments shall
be deducted from such pension reserve and such benefits
as may be provided by the pension reserve so reduced shall
be payable under the provisions of this act.

ADMINISTRATION.

Section 14. (1) The management of the retirement
system is hereby vested in a retirement board, the member-
ship of which shall be constituted as follows: —

(a) The auditor of the city for the time being;

Acts, 1935. — Chap. 450. 565

(6) One person to be appointed by the mayor of the city,
subject to confirmation by the city council, who shall serve
for a term of three years commencing on the date when the
retirement system becomes first operative and until the
qualification of his successor, and

(c) One person who shall be a member of the retirement
system and who shall be appointed by the mayor of the
city subject to such confirmation, to serve for a term of one
year commencing on the date when the retirement system
becomes first operative and until the qualification of his
successor.

(2) As the terms of the appointed members expire, their
successors shall be appointed for terms of three years each
and until the qualification of their successors. On a va-
cancy occurring in the appointed membership of the retire-
ment board, for any cause other than the expiration of a
term of office, a successor to the person whose place has
become vacant shall be appointed for the unexpired term
in the same manner as above provided.

(3) The members of the retirement board shall serve
without compensation; but they shall be reimbursed from
the expense fund for any expense or loss of salary or wages
which they may incur through service on the retirement
board.

(4) The retirement board shall elect from its member-
ship a chairman, and shall by a majority vote of all its
members appoint a secretary, who may be, but need not be,
one of its members. It shall engage such actuarial and
other service as shall be required to transact the business of
the retirement system. The funds to meet the costs of
administering the retirement system shall be derived from
appropriations of the city from the annual tax levy. The
retirement board shall submit an estimate of such costs to
the mayor not later than January first of each year. Such
amount as shall be required in the first year of operation to
defray the expenses of the establishment and maintenance
of the retirement system shall be appropriated by the city
council.

(5) The retirement board shall keep in convenient form
such data as shall be necessary for actuarial valuations of
the various funds of the retirement system and for checking
the experience of the system.

(6) The retirement board shall keep a record of all of
its proceedings, which shall be open to public inspection.
It shall publish annually a report showing the fiscal trans-
actions of the retirement system for the preceding munici-
pal year, the amount of accumulated cash and securities of
the system, and the last balance sheet showing the financial
condition of the system by means of actuarial valuation
of the assets and liabilities thereof. The board shall sub-
mit said report to the mayor and shall furnish copies thereof
to the city clerk for distribution.

666 Acts, 1935. — Chap. 450.

Legal Adviser.

(7) The city solicitor of the city shall be the legal adviser
of the retirement board.

Medical Examinations.

(8) The city physician of the city shall arrange for and
pass upon all medical examinations required under the
provisions of this act, shall investigate all essential state-
ments and certificates by or in behalf of a member in con-
nection with an application for disability retirement, and
shall report in writing to the retirement board his conclu-
sions and recommendations upon all the matters referred
to him. If required, other physicians may be employed
by the retirement board to report on special cases.

Duties of Actuary.

(10) Immediately after the establishment of the retire-
ment system the actuary shall make such investigation of
the mortality, service and compensation experience of the
members of the system as he shall recommend and the retire-
ment board shall authorize, and on the basis of such in-
vestigation he shall recommend for adoption by the retire-
ment board such tables and such rates as are required by
section fifteen. The retirement board shall adopt tables
and certify rates, and as soon as practicable thereafter the
actuary shall make a valuation, based on such tables and
rates, of the assets and liabilities of the funds created by
this act.

(11) Three years after the system becomes operative,
and at least once in each five-year period thereafter, the
actuary shall make an actuarial investigation into the
mortality, service and compensation experience of the
members and beneficiaries of the retirement system, and
shall make a valuation of the assets and liabilities of the
funds thereof, and taking into account the result of such
investigation and valuation the retirement board shall —

(a) Adopt for the retirement system such mortality,
service and other tables as shall be deemed necessary; and

(h) Certify the rates of contribution payable by the city
on account of new entrants.

(12) On the basis of such tables as the retirement board
shall, from time to time, adopt, the actuary shall make an
annual valuation of the assets and liabilities of the reserve
funds of the system created by this act.

METHOD OF FINANCING.

Section 15. All of the assets of the retirement system
shall be credited, according to the purpose for which they

Acts, 1935. — Chap. 450. 667

are held, to one of the following five funds, namely, the
Annuity Savings Fund, the Annuity Reserve Fund, the
Pension Accumulation Fund, the Pension Reserve Fund,
or the Expense Fund.

Annuity Savings Fund.

(1) (a) The Annuity Savings Fund shall be the fund to
which shall be paid the deductions from the compensation
of members. The treasurer of the city shall withhold four
per centum of the regular compensation due on each pay
day to all employees who are members of this retirement
system; provided, however, that employees who receive
more than fifty dollars weekly, in compensation, shall not
be assessed for contributions to this fund above that
amount. The various amounts so withheld shall be trans-
ferred immediately thereafter to the retirement system and
credited to the accounts of the respective members so
contributing, and shall be paid into and become a part of
said Annuity Savings Fund.

(6) In determining the amount earnable by a member in a
payroll period, the retirement board may consider the rate
of annual compensation payable to such member on the first
day of the payroll period as continuing throughout such
payroll period, and it may omit deduction from compensa-
tion for any period less than a full payroll period if an em-
ployee was not a member on the first day of the payroll
period.

(c) The deductions provided for herein shall be made
notwithstanding that the minimum compensation provided
for by law for any member shall be reduced thereby. Every
member shall be deemed to consent and agree to the deduc-
tions provided for herein and shall receipt for his full salary
or compensation, and the payment of his full salary or com-
pensation less the deductions provided for hereunder shall
be considered a full and complete discharge and acquittance
of all claims and demands whatsoever for the services ren-
dered by such person during the period covered by such
payment, except as to the benefits provided under this act.

(d) In addition to the contributions deducted from com-
pensation as hereinbefore provided, subject to the approval
of the retirement board, any member may redeposit in the
Annuity Savings Fund by a single payment or by an in-
creased rate of contribution an amount equal to the total
amount which he previously withdrew therefrom, as pro-
vided in this act, or any part thereof; or any member may
deposit therein by a single payment or by an increased
rate of contribution an amount computed to be sufficient
to purchase an additional annuity, which, together with his
prospective retirement allowances, will provide for him a
total retirement allowance of not to exceed one half of his
salary, at age sixty. Such additional amounts so deposited
shall be treated as a part of his accumulated deductions,
except in the event of his retirement, when they shall not be

568 Acts, 1935. — Chap. 450.

used to increase the pension payable, and shall be treated as
excess contributions returnable to the member in cash or in
providing an excess annuity of equivalent actuarial value.
The accumulated deductions of a member withdrawn by him
or paid to his estate or to his designated beneficiary in event
of his death as provided in this act shall be paid from the
Annuity Savings Fund. Upon the retirement of a member
his accumulated deductions shall be transferred from the
Annuity Savings Fund to the Annuity Reserve Fund.

Annuity Reserve Fund.

(2) The Annuity Reserve Fund shall be the fund from
which shall be paid all annuities and all benefits in lieu
of annuities, payable as provided in this act. Should a
beneficiary, retired on account of disability, be restored to
active service with a compensation not less than his regular
compensation at the time of his last retirement, his annuity
reserve shall be transferred from the Annuity Reserve Fund
to the Annuity Savings Fund, and credited to his individual
account therein.

Pension Accumulation Fund.

(3) (a) The Pension Accumulation Fund shall be the
fund into which shall be accumulated all reserves for the
payment of all pensions and other benefits payable from
contributions made by the city, and from which shall be
paid all pensions and other benefits on account of members
with prior service credit. Contributions to and payments
from the Pension Accumulation Fund shall be made as
follows : —

(6) On account of each member there shall be paid annu-
ally into the Pension Accumulation Fund by the said city,
for the preceding fiscal year, a certain percentage of the
regular compensation of each member, to be known as the
"normal contribution", and an additional percentage of
his regular compensation to be known as the "accrued
liability contribution". The rates per centum of such
contributions shall be fixed on the basis of the liabilities of
the retirement system as shown by actuarial valuation.
Until the first valuation the normal contribution shall be
one and ninety-six hundredths per centum, and the accrued
liability contribution shall be one and sixty-eight hun-
dredths per centum, of the regular annual compensation of
all members.

(c) On the basis of regular interest and of such mortality
and other tables as shall be adopted by the retirement board,
the actuary engaged by the board to make each valuation
required by this act during the period over which the
accrued liability contribution is payable, immediately after
making such valuation, shall determine the uniform and
constant percentage of the regular compensation of the
average new entrant, which if contributed on the basis of

Acts, 1935. — Chap. 450. 569

compensation of such new entrant throughout his entire
period of active service is computed to be sufficient to pro-
vide for the payment of any pension payable on his account.
The rate per centum so determined shall be known as the
"normal contribution" rate. After the accrued liability
contribution has ceased to be payable, the normal
contribution rate shall be the rate per centum of the regu-
lar compensation of all members obtained by deducting
from the total liabilities of the Pension Accumulation Fund
the amount of the funds in hand to the credit of that fund
and dividing the remainder by one per centum of the present
value of the prospective future salaries of all members as
computed on the basis of the mortality and service tables
adopted by the retirement board and regular interest. The
normal rate of contribution shall be determined by the
actuary after each valuation.

(d) Immediately succeeding the first valuation, the actu-
ary engaged by the retirement board shall compute the rate
per centum of the total regular compensation of all members
which is equivalent to four per centum of the amount of
the total pension liabihty on account of all members and
beneficiaries which is not dischargeable by the aforesaid
normal contribution made on account of such members
during the remainder of their active service. The rate per
centum originally so determined shall be known as the
"accrued liability contribution rate".

(e) The total amount payable in each year to the Pen-
sion Accumulation Fund shall be not less than the sum
of the rates per centum known as the normal contribution
rate and the accrued liability contribution rate of the total
compensation earnable by all members during the preceding
year; provided, that the amount of each annual accrued
liability contribution shall be at least three per centum
greater than the preceding annual accrued liability pay-
ment, and that the aggregate payments of the city shall be
sufficient when combined with the amount in the fund to
provide the pensions and other benefits payable out of the
fund during the year then current.

(/) The accrued liability contribution shall be discon-
tinued as soon as the accumulated reserve in the Pension
Accumulation Fund shall equal the present value, as actu-
arially computed and approved by the retirement board, of
the total liability of such fund less the present value, com-
puted on the basis of the normal contribution rate then
in force, of the prospective normal contributions to be re-
ceived on account of persons who are at that time members.

{g) All pensions, and benefits in lieu thereof, with the
exception of those payable on account of members who
receive no prior service allowance, payable from contribu-
tions of the city, shall be paid from the Pension Accumula-
tion Fund.

(h) Upon the retirement of a member not entitled to
credit for prior service, an amount equal to his pension

570 Acts, 1935. — Chap. 450.

reserve shall be transferred from the Pension Accumulation
Fund to the Pension Reserve Fund.

Pension Reserve Fund.

(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 not less
than his average regular compensation for the year preced-
ing his last retirement, the pension reserve thereon shall be
transferred from the Pension Reserve Fund to the Pension
Accumulation Fund. Should the pension of a disability
beneficiary be reduced as a result of an increase in his earn-
ing capacity, the amount of the annual reduction in his
pension shall be paid annually into the Pension Accumula-
tion Fund during the period of such reduction.

Expense Fund.

(5) The Expense Fund shall be the fund to which shall
be credited all money appropriated by the city to pay the
administration expenses of the retirement system, and from
which shall be paid all the expenses necessary in connection
with the administration and operation of the system.

Appropriations.

(6) (a) On or before the first day of January in each year
the retirement board shall certify to the mayor the amount
of the appropriation necessary to pay to the various funds
of the retirement system the amounts payable by the city as
enumerated in this act for the year beginning on the said
first day of January, and items of appropriation, providing
such amounts shall be included in the budget.

(b) To cover the requirements of the system for the period
prior to the date when the first regular appropriation is
due, as provided by paragraph (a) of this subsection, such
amounts as shall be necessary to cover the needs of the
system shall be paid into the Pension Accumulation Fund
and the Expense Fund by special appropriations to the
system.

MANAGEMENT OF FUNDS.

Section 16. (1) The retirement board may invest the
funds of the retirement system in such securities as are
approved from time to time by the commissioner of insur-
ance for the investment of the funds of life insurance com-
panies under the laws of the commonwealth.

(2) The retirement board shall annually allow regular
interest on the average balance for the preceding year to the
credit of the various funds from the interest and dividends
earned from investments. Any excess earnings over the
amount so credited shall be used for reducing the amount of
contributions required of the city during the ensuing year.

Acts, 1935. — Chap. 450. 571

Any deficiency shall be paid by the city during the ensuing
year.

(3) The treasurer of the city shall be custodian of the
several funds. All payments from said funds shall be
made by him only upon vouchers signed by two persons
designated by the retirement board. A duly attested copy
of a resolution of the retirement board designating such
persons and bearing upon its face specimen signatures of
such persons shall be filed with the treasurer as his authority
for making payments upon such vouchers. No voucher
shall be drawn unless it shall have been previously author-
ized by resolution of the retirement board.

(6) Except as otherwise provided herein, no member and
no employee of the retirement board shall have any direct
interest in the gains or profits of any investment made by
the retirement board, nor as such receive any pay or emolu-
ment for his services. No member or employee of the board
shall, directly or indirectly, for himself or as an agent, in
any manner use any of the securities or other assets of the
retirement board, except to make such current and neces-
sary payments as are authorized by the retirement board;
nor shall any member or employee of the retirement board
become an endorser or surety or in any manner obligor for
moneys loaned by or borrowed from the retirement system.

(7) Each member of the retirement board, and the
treasurer of the city, in his capacity as custodian of the
several funds, shall severally give bond for the faithful per-
formance of his duties in a sum and with sureties or surety
approved by the city council.

EXEMPTION OF FUNDS FROM TAXATION AND EXECUTION.

Section 17. The pensions, annuities and retirement
allowances and the accumulated deductions and the cash
and securities in the funds created by this act are hereby
exempted from any state, county or municipal tax of this
commonwealth, and shall not be subject to execution or
attachment by trustee process or otherwise, in law or in
equity, or under any process whatsoever, and shall be non-
assignable except as specifically provided in this act.

572 Acts, 1935. — Chap. 450.

RECEIPT OF BOTH RETIREMENT ALLOWANCE AND SALARY
FORBIDDEN.

Section 18. No beneficiary of the retirement system
shall be paid for any service, except service as a juror and
such service as he may be called upon to perform in the
police or fire department in a time of public emergency,
rendered by him to the city after the date of the first pay-
ment of any retirement allowance hereunder, except as
provided in sections nine and nineteen of this act.

Section 18A, If a member of this system becomes
eligible for or receives a pension or assistance under
the provisions of any statute or enactment of the federal
government or of any state or municipality, whether said
pension or assistance is payable in whole or in part by fed-
eral, state or municipal government, the said member shall
be entitled to receive from this fund only such payments
as, together with the pension or assistance received as above
set forth, will not exceed the regular retirement allowance
which said person would receive under this act; provided,
that in any event the said member may, at his option, be
paid the amount of his accumulated deductions and such
payment to him shall be a bar of all further rights accruing
to him by reason of his membership in this system.

Section 19. Notwithstanding the other provisions of
this act to the contrary, any beneficiary of this system may
be employed for periods of not exceeding one year at a time,
upon re-appointment by the mayor, subject to confirma-
tion by the council, if the city charter requires this method
of appointment to said position or, if an appointment by the
mayor and confirmation by the council was not required in
connection with the original appointment then he may be
retained in service for periods of not exceeding one year at a
time by the department head or board by whom he was
employed, upon the written approval thereof by the mayor.
A beneficiary so employed may receive compensation from
the city for the services so rendered provided that the an-
nual rate of compensation paid, together with the regular
retirement allowance received, shall not exceed the regular
compensation of said beneficiary at the time of retirement.

RIGHT OF APPEAL.

Section 20. The supreme judicial court shall have
jurisdiction in equity upon the petition of the retirement
board or any interested party or upon the petition of not
less than ten taxable inhabitants of the city to compel the
observance and restrain any violation of this act and the
rules and regulations authorized or established thereunder.

tenure unaffected.
Section 21. Nothing contained in this act shall affect
the right or power of the city or other duly constituted
authority in regard to demotion, promotion, transfer, sus-
pension or discharge of any employee.

Acts, 1935. — Chap. 450. 573

INCONSISTENT ACTS.

Section 22. Any of the provisions of sections forty-
four, forty-five, seventy-seven, eighty and eighty-three of
chapter thirty-two of the General Laws, as amended, which
may be inconsistent herewith, and any other acts or parts
of acts inconsistent herewith, shall, on and after the effec-
tive date of this act, apply only to such employees of the
city as are, on said effective date, entitled to the benefits
thereof. Nothing herein contained shall be construed as
affecting the provisions of sections forty-nine to sixty, in-
clusive, or of section ninety-two of chapter thirty-two of the
General Laws as amended.

amendment or repeal.

Section 23. The provisions of this act may be altered
or amended from time to time, or may be repealed, and
every such alteration or amendment, or repeal, shall, upon
its taking effect, become binding upon the city of Fitch-
burg and the employees who have previously become sub-
ject to said act, and all contractual rights entered into by
and between the city and the employees thereof, hereunder,
shall be deemed to be entered into subject to being subse-
quently affected by such alterations, amendments or repeal;
provided, that no such alteration, amendment or repeal
shall affect the rights of employees with reference to de-
posits previously made, or reduce the amount of any retire-
ment allowance then payable.

acceptance of act.

Section 24. On or before August first, in the current
year, the question of the approval of the provisions of this
act shall be finally voted upon by the city council of the
city of Fitchburg and, whether or not said provisions are
approved by such vote, they shall be submitted for ac-
ceptance to the qualified voters of said city at the biennial
municipal election to be held in the current year, in the
form of the following question, which shall be printed upon
the official ballot to be used at said election: — "Shall an
act passed by the General Court in the year nineteen hun-
dred and thirty-five, entitled 'An Act providing retirement
allowances based on annuity and pension contributions for
employees of the city of Fitchburg', be accepted?" If a
majority of the voters voting thereon vote in the affirma-
tive in answer to this question this act shall thereupon take
full effect; but not otherwise. Approved July 26, 1935.

674 Acts, 1935. — Chap. 451.

Chap. 4:51 -^N Act relative to purchase of bonds of the boston

ELEVATED RAILWAY COMPANY BY THE BOSTON METRO-
POLITAN DISTRICT.

Be it enacted, etc., as follows:

Section 1. The trustees of the Boston metropoUtan
district, hereinafter called the district, in the name and
on behalf of the district, may from time to time, prior to
July first, nineteen hundred and thirty-six, if they deem
it in the interest of the district so to do, at the request of
the board of trustees of the Boston Elevated Railway Com-
pany, purchase bonds of the Boston Elevated Railway Com-
pany, hereinafter called the company, hereafter issued or
reissued under the authority of section eighteen of chapter
three hundred and thirty-three of the acts of nineteen hun-
dred and thirty-one, or for the purposes of paying or re-
funding any bonds, coupon notes or other evidences of
indebtedness of the company payable at periods of more
than one year from the date thereof, to an amount not
exceeding three million eight hundred and fifteen thousand
dollars; and the trustees of the district, in the name and on
behalf of the district, may also from time to time, if they
deem it in the interest of the district so to do, at the request
of the board of trustees of the Boston Elevated Railway
Company, purchase bonds of the company hereafter issued
for the purpose of and to the amount necessary for calling
for redemption the whole or any part or parts of the six
milUon five hundred and eleven thousand dollars of five
per cent bonds of the company due February first, nineteen
hundred and thirty-seven, and of the one million two hun-
dred thousand dollars of bonds of the company due July
first, nineteen hundred and forty, and for paying or redeem-
ing and refunding the same.

The company subject to the approval of the department
of public utilities is authorized to issue bonds for said pur-
poses to the amount necessary therefor and all of the provi-
sions of said section eighteen shall apply thereto, so far
as possible. The trustees of the district shall procure the
funds necessary for each purchase authorized by this sec-
tion by the issue of bonds of the district under and in the
manner provided in section ten of chapter three hundred
and eighty-three of the acts of nineteen hundred and
twenty-nine and section two of chapter one hundred and
forty-seven of the acts of nineteen hundred and thirty-two,
and the provisions of said sections shall apply thereto in
the same manner and to the same extent as if such bonds of
the district were specifically authorized in said chapter three
hundred and eighty-three; provided, that any bonds of the
district issued under authority of this act shall be for such
terms not less than fifteen years, except as hereinafter pro-
vided, and not exceeding twenty-five years from the date
thereof, and shall bear interest payable semi-annually at

Acts, 1935. — Chap. 451. 575

such rates, as said trustees of the district, subject to the
approval of the department of pubhc utihties, shall from
time to time determine. Said bonds of the district may be
issued on either the sinking fund or serial payment plan,
and, if issued on the serial payment plan, such portions of
each issue of said bonds as the trustees of the district, sub-
ject to like approval, may determine may be for terms of
less than fifteen years, and the trustees of the district shall
endeavor so to arrange the maturities of all bonds issued on
the serial payment plan that the bonds maturing each year
other than the final year will be met by the amounts avail-
able from interest upon the bonds purchased. All amounts
received by the district from said interest shall be applied
in payment of interest and principal of the bonds of the dis-
trict issued hereunder as and when due, and any balance
shall be accumulated in a sinking fund to be used for such
purpose, as and when required. All amounts received by
the district in payment of each such bond issue of the com-
pany shall be apphed in payment of bonds of the district
issued hereunder to provide funds for the purchase of such
bond issue and the balance shall be accumulated in a general
sinking fund for any bonds of the district then outstanding.
Said sinking funds shall be invested as provided in section
eleven of said chapter three hundred and eighty-three.

Section 2. Each bond issue of the company so pur-
chased shall be for the same term as the term of the last
maturing bonds of the district issued to provide funds for
the purchase of such bond issue of the company, and shall
bear interest payable semi-annually at a rate two per cent
higher than the rate payable upon said bonds of the dis-
trict. In the event that said bonds of the district are sold
at a premium above or a discount below par, the bond issue
of the company purchased with the proceeds thereof shall
be purchased by the district at the same premium above or
discount below par. Said bonds of the company, both as to
income and principal, are hereby made exempt from all
taxes levied under authority of the commonwealth while
held by the district and shall contain a recital to such effect.
Said bonds of the company shall not be disposed of by the
district without authority of the general court. The pro-
ceeds of said bonds of the company shall be used by it only
for the purposes hereinbefore set forth.

Section 3. The company shall reimburse the district,
at the request of the trustees thereof, for all expenses inci-
dental to the authorization, preparation, issue, registration
and payment of interest and principal of the aforesaid bonds
of the district. Approved July 26, 1935.

576

Acts, 1935. — Chap. 452.

G. L. (Ter.
Ed.), 167, i 1,
amended.

Definitions.

G. L. (Ter.
Ed.). 167, i 2.
etc., amended.

Chap. 4:52 An Act to provide for the authorization and super-
vision OF BANKING COMPANIES.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and
sixty-seven of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by inserting after
the word "company" in the third hne the following: — ,
any corporation authorized to do the business of a bank-
ing company under chapter one hundred and seventy-
two A, — and by striking out, in the fourth line, the word
"person" and inserting in place thereof the word: — indi-
vidual,— so as to read as follows: — Section 1. In this
chapter, unless the context otherwise requires, the following
words shall have the following meanings:

"Bank", a savings bank, co-operative bank, trust com-
pany, any corporation authorized to do the business of a
banking company under chapter one hundred and seventy-
two A or any individual, partnership, association or cor-
poration, incorporated or doing a banking business in the
commonwealth, subject to the supervision of the commis-
sioner of banks.

"Commissioner", the commissioner of banks.

Section 2. Section two of said chapter one hundred and
sixty-seven, as amended by chapter two hundred and fifty-
one of the acts of nineteen hundred and thirty-four, is hereby
further amended by inserting after the word "company" in
the eleventh line the following : — and of a corporation
authorized to do the business of a banking company under
chapter one hundred and seventy-two A, — so that the
first paragraph will read as follows : — The commissioner,
either personally or by his examiners, or such others of his
assistants as he may designate, shall, at least once in each
year, make a thorough examination of the books, securities,
cash, assets and liabilities and ascertain the condition of all
banks under his supervision, the ability of each bank to
fulfill its obligations, and also whether it has complied with
the law; and he may also, whenever he considers it expedi-
ent, make, or cause to be made, at the expense of the bank,
such further examinations or audits as he deems advisable.
The expenses of the annual examination of a trust company
and of a corporation authorized to do the business of a bank-
ing company under chapter one hundred and seventy-two A
shall be borne by the company, and shall be limited to the
actual cost of such examination and such additional sum
for the overhead expenses of the division of banks and loan
agencies as the commissioner shall determine to be attribu-
table to such examination.

Section 3. Said chapter one hundred and sixty-seven
is hereby further amended by striking out section twelve,
as appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 12. No domestic or

Examination
of banks.

G. L. (Ter.
Ed.), 167, § 12,
amended.

Unauthorized

Acts, 1935. — Chap. 452.

577

foreign corporation or individual, partnership or associa- ^ai^ng
tion, except savings banks and trust companies incorporated ^"^^
under the laws of this commonwealth, or such foreign bank-
ing corporations as were doing business in this common-
wealth, and were subject to examination or supervision by
the commissioner on June first, nineteen hundred and six,
shall hereafter make use of any sign at the place where its
business is transacted having thereon any name or other
words, indicating that such place or office is the place or
ofl&ce of a savings bank, or make use of or circulate any writ-
ten or printed or partly written and partly printed paper
whatever, having thereon any name or other words, indicat-
ing that such business is that of a savings bank; nor shall
any such corporation, individual, partnership or associa-
tion, or any agent of a foreign corporation not having an
established place of business in this commonwealth, solicit
or receive deposits or transact business in the way or man-
ner of a savings bank, or in such a way or manner as to lead
the public to believe, or as in the opinion of the commissioner
might lead the pubhc to beheve, that its business is that of
a savings bank. No domestic or foreign corporation or
individual, partnership or association other than corpora-
tions excepted from the prohibitions contained in the first
sentence of this section, co-operative banks incorporated
under the laws of this commonwealth, foreign banking
associations authorized under section thirty-seven to trans-
act business in this commonwealth, and corporations au-
thorized to do the business of a banking company under
chapter one hundred and seventy-two A, shall hereafter
transact business under any name or title which contains
the word "bank" or "banking", or any word in a foreign
language having the same or similar meaning, as descrip-
tive of said business, or, if he or it does a banking business or
makes a business of receiving money on deposit, under any
name or title containing the word "trust", or any word in a
foreign language having the same or similar meaning, as
descriptive of said business.

Section 4. The General Laws are hereby further
amended by inserting after chapter one hundred and
seventy-two, as appearing in the Tercentenary Edition, *<^«^ed
the following new chapter: —

G. L. (Ter

Ed.), new
chapter 172A,

Chapter 172A.

Banking Companies.

Section 1. Any corporation estabhshed under chapter ^1^1^^°^
one hundred and fifty-six which has an unimpaired paid-in
capital of not less than fifty thousand dollars and is con-
ducting within the commonwealth the business of loaning
money on the Morris plan, so called, or upon any similar
plan, may be authorized to do the business of a banking
company in the manner and subject to the conditions and
limitations specified in this chapter; provided, that no

578

Acts, 1935. — Chap. 452.

Certificate to
do busineBS.

When author-
ized to do
business.

Returns to
be made.

such corporation shall be authorized to do such business in
any city having a population of more than three hundred
thousand unless it has an unimpaired paid-in capital of not
less than two hundred thousand dollars, or in any city hav-
ing a population of more than one hundred thousand but
not exceeding three hundred thousand unless it has an
unimpaired paid-in capital of not less than one hundred
thousand dollars.

Section 2. Any such corporation may at a meeting duly
called for the purpose by a two thirds vote of each class of
stock outstanding authorize an application to the board of
bank incorporation, in this chapter referred to as the board,
for a certificate authorizing it to carry on business of the
character and in the manner set forth in this chapter in a
specified city or town within the commonwealth. Such
application shall be made in writing by the president or
the treasurer in such form as the board shall approve. A
notice of such application and of the time fixed for a hear-
ing thereon, in such form as the board shall approve, shall
be published at least once a week for three successive weeks
in one or more newspapers designated by the board and
published in or nearest to the city or town in which the
corporation proposes to carry on such business. If the
board after a hearing shall determine that pubHc conven-
ience and advantage will be promoted by the granting of
the application and that the corporation is in a sound and
safe condition to carry on such business, it shall issue such
a certificate in such form as it shall determine.

Section 8. Within thirty days after receiving a certifi-
cate under the preceding section, the directors of any such
corporation may, without further vote of its stockholders,
by the procedure established by section forty-three of
chapter one hundred and fifty-six, so far as applicable,
change its corporate name so as to include therein the words
"Banking Company". Upon such change of name becom-
ing effective such corporation may carry on business under
this chapter and shall thereafter carry on no other business.
Its corporate powers shall thereupon be deemed to be
amended accordingly. It shall not thereafter be subject to
the requirements of sections forty-seven to fifty-one, in-
clusive, of said chapter one hundred and fifty-six. There-
after all provisions of general law from time to time appli-
cable to the increase or the reduction of the capital stock of
trust companies shall apply to such corporation. There-
after no person shall be a director of any such corpora-
tion unless he is a stockholder of record holding unpledged
stock therein of an aggregate par value of not less than one
thousand dollars.

Section 4- Such corporation shall at such times as the
commissioner of banks, in this chapter called the commis-
sioner, orders, but not exceeding five times within a calendar
year, and within ten days after a day designated in-the order,
make return to the commissioner, signed and sworn to by

Acts, 1935. — Chap. 452.

579

its president and treasurer and not less than three of its
board of directors, showing accurately the condition of such
corporation at the close of business on the day designated.
Said return shall be in such form and shall specify such
items of the corporation's assets and liabilities as the com-
missioner shall prescribe. It shall be published at such
times and in such manner as the commissioner shall direct
by and at the expense of such corporation in a newspaper
published in or nearest to the city or town where such
corporation is located.

Section 5. Such corporation may receive money in one May receive
payment or in instalments, upon certificates which it may ^^p°"*«-
issue, fixing the amount received or to be received thereon,
the time and other terms of repayment and the rate of inter-
est to be paid. Money thus received shall be known as
certificate funds. No interest shall be specified in any cer-
tificate or paid on any certificate funds in excess of five per
cent per annum, except with the approval of the commis-
sioner. No certificate shall be issued for an amount less
than fifty dollars and the total amount of all certificates
issued to any individual, estate, trust, corporation, associa-
tion or partnership shall not exceed five thousand dollars.

Such certificates may be issued to represent money to be
paid by the certificate holder thereafter in stated instal-
ments as specified therein either with or without the pay-
ment of interest on paid-in instalments. All certificates
shall be in such form as the commissioner shall approve
and a record of all certificates issued and the forms thereof
shall be kept on file by the corporation.

No such corporation shall receive or have at any time
aggregate certificate funds, exclusive of interest, in excess
of seven and one half times the total of its paid-in capital
and surplus, except that certificate funds in any manner
pledged with it to secure loans made by it shall not be
included in its certificate funds for the purpose of this
provision.

Section 6. The amount paid on any certificate, whether withdrawal
matured or not, if not pledged to the corporation, may be Lnls.' "^^
withdrawn by the certificate holder at any time as a whole
by the surrender of his certificate, upon giving ninety days
written notice to the treasurer of his intention so to do;
but the treasurer may waive such a notice, in his discretion,
under such restrictions as may be imposed by the board of
directors. Upon such withdrawals there shall be such ad-
justment of interest as the certificate shall provide.

Section 7. The capital, surplus, certificate funds and investment
income derived therefrom of such corporation shall be in- reguiatld^ *'"
vested only as follows: —

First. In loans on personal security or secured by the
pledge or assignment of any personal property including
certificates issued by it, either fully paid up or representing
payments being made by instalments. No sum shall be
invested directly or indirectly in mortgages of real estate.

580

Acts, 1935. — Chap. 452.

Liability
regulated.

Rate of
interest
restricted.

Second. In any securities authorized as investments for
savings banks by paragraphs second to seventh, inclusive,
of section fifty-four of chapter one hundred and sixty-eight;
provided, that not more than twenty per cent of its certifi-
cate funds shall be invested by any such corporation in this
class of securities.

Third. Such sum as the directors may determine but not
exceeding twenty-five per cent of its paid-in capital and
surplus, except with the approval of the commissioner, may
be invested in the purchase of a suitable site and the erec-
tion or preparation of a suitable building for the convenient
transaction of its business.

In the event that a loan is made secured by a pledge of
a certificate issued by such corporation, whether fully paid
up or representing payments being made by instalments,
such pledged certificate and the note or obligation given for
the payment of the loan shall always be considered to be
separate instruments.

Section 8. The total liability to any such corporation of
any individual, corporation, trust, association or firm for
money borrowed, including in such liability of any corpora-
tion, trust, association or firm the liabilities of the several
directors, trustees, members or partners thereof, shall at
no time exceed ten per cent of the aggregate of the paid-in
capital and surplus of such corporation, but the discount or
purchase of bona fide bills of exchange or acceptances drawn
against actually existing values and the discount or pur-
chase of commercial or business paper, leases, conditional
sale agreements, mortgages of personal property or other
contracts or choses in action actually owned by any indi-
vidual, corporation, association, trust or firm negotiating
or selling the same shall not be considered money so bor-
rowed even though such negotiator or seller remains or
becomes secondarily or contingently liable thereon or there-
for to such corporation.

Section 9. No such corporation shall charge for or re-
ceive on any loan made by it an amount for interest,
discount, charges and expenses, including interest, dis-
count, fines, charges and expenses on account of any certifi-
cate issued as security for such loan, which exceeds in the
aggregate an amount equivalent to twelve per cent per
annum upon the face amount of the note, deducted at the
time the loan is made, when the note is of the amount of
five hundred dollars or less, or an amount equivalent to nine
per cent per annum upon the face amount of the note, de-
ducted at the time the loan is made, when the note is of an
amount in excess of five hundred dollars; provided, that no
certificate pledged to secure any loan shall require the aggre-
gate amount of payments on such certificate to be more than
the actual proceeds of the loan plus any lawful interest or
discount which may be taken in advance, and plus all other
lawful charges or expenses; and provided, further, that no
such certificate shall mature at a date substantially different

Acts, 1935. — Chap. 452. 581

from the due date of the loan, or require payments on such
certificate, except in the case of the last instalment payment,
in excess of equal periodic payments extending over the
term for which the loan is made.

Section 10. Every such corporation shall at all times Reserves,
have on hand as a reserve an amount equal to at least five
per cent of the aggregate amount of its certificate funds,
exclusive of all certificate funds in any manner pledged to it
as security for loans. Such reserve shall consist of actual
cash, bonds or other obligations of the United States com-
puted at their fair market value, and deposits payable on
demand due from any trust company in the commonwealth
which is a member of the Federal Reserve System, or from
any national banking association doing business either in
this commonwealth or in the city of New York, Phila-
delphia or Chicago, or from the Federal Reserve Bank of
Boston.

Section 11. The directors of any such corporation may Dividends.
declare dividends on its capital stock of so much of the net
profits of such corporation as they shall judge expedient;
but such corporation shall, before the declaration of such
a dividend, carry to its surplus fund one tenth part of its
net profits of the preceding period for which said dividend
is paid until such fund, whenever accumulated or acquired,
shall amount to fifty per centum of its capital stock. Ex-
cept in the case of reduction of capital stock as provided
in section three, no such corporation or stockholder thereof
shall, during the time it continues its banking operations,
withdraw or permit to be withdrawn, either in the form of
dividends or otherwise, any portion of its capital, and no
such corporation shall during such time, withdraw or permit
to be withdrawn any portion of its surplus fund, directly
or indirectly, for the purpose of paying dividends on its
capital stock. No dividend shall be paid by any such
corporation on its capital stock, while it continues opera-
tions under this chapter, to an amount greater than its total
net undivided profits then on hand, exclusive of the surplus
fund provided for in this section, after deducting from such
net profits its losses and bad debts for which no other provi-
sion has been made. All debts due to any such corporation
on which interest is due and unpaid for a period of six
months, unless the same are well secured and in process of
collection, shall be considered bad debts within the meaning
of this section.

Section 12. The board may authorize any such cor- Branch offices,
poration to establish and operate one or more branch
offices in the city or town in which it is authorized to do
business under this chapter or in any other city or town
within the same county. No such corporation shall main-
tain a branch office except as herein provided, but this
restriction shall not apply to any branch office, wherever
located, established by any such corporation prior to the
first day of January, nineteen hundred and thirty-five.

582

Acts, 1935. — Chaps. 453, 454.

Taxation of
company.

Certain sec-
tions of law to
apply.

Section 13. Every such corporation shall be taxed under
the provisions of sections two to seven, inclusive, of chapter
sixty-three.

Section I4. The provisions of sections eighty-six to one
hundred and ten, both inclusive, of chapter one hundred
and forty and the provisions of chapter one hundred and
ten A and chapter one hundred and seventy-four shall not
apply to such corporations. Approved July 26, 1935.

Chap. 4:53 An Act relative to the term of certain notes to be

ISSUED BY THE COMMONWEALTH.

Be it enacted, etc., as follows:

The term of the notes which the state treasurer is author-
ized to issue under chapter three hundred and ninety-two
of the acts of the current year, authorizing temporary bor-
rowings by the commonwealth in anticipation of receipts
from federal grants for emergency public works, shall not
exceed nine months, as recommended by the governor in a
message to the general court dated July twelfth, nineteen
hundred and thirty-five, in pursuance of section three of
Article LXII of the amendments to the constitution.

Approved July 26, 1935.

Chap. 4:54: An Act making certain adjustments in the laws re-
lating TO HORSE AND DOG RACES CONDUCTED UNDER THE
PARI-MUTUEL or CERTIFICATE SYSTEM OF BETTING.

Emergency
preamble.

G. L. (Ter.
Ed.), 128A,
§ 5, etc.
amended.

Pari-mutucl
system of
wagerinK
authorized.

Whereas, The deferred operation of this act would in
part defeat its purpose, therefore it is hereb}'' 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 five of chapter one hundred and
twenty-eight A of the General Laws, as appearing in sec-
tion three of chapter three hundred and seventy-four of the
acts of nineteen hundred and thirtj^-four, is hereby amended
by striking out the first paragraph and inserting in place
thereof the following: —

Before holding or conducting a racing meeting, every
licensee shall provide a place or places, equipped as herein-
after provided, on the grounds where such meeting is held
or conducted or adjacent thereto, but not elsewhere, at
which such licensee shall conduct and supervise the pari-
mutuel or certificate system of wagering on the speed or
ability of horses or dogs performing in the races held or
conducted by such hcensee at such meeting, and such pari-
mutuel or certificate method of wagering upon such races
so conducted shall not under any circumstances be held or
construed to be unlawful, other statutes of the common-
wealth to the contrary notwithstanding. Such place or
places shall be equipped with automatic betting machines

Acts, 1935. — Chap. 454.

583

capable of accurate and speedy determination of award or
dividend to winning patrons, and all such awards or divi-
dends shall be calculated by a totalisator machine or like
machine, except at state or county fairs.

Section 2. Section three of said chapter one hundred
and twenty-eight A, as amended by chapter two hundred
and thirty-nine of the acts of the current year, is hereby
further amended by striking out the first paragraph, as
appearing in said section three of said chapter three hun-
dred and seventy-four, and inserting in place thereof the
following : —

If any application for a license, filed as provided by sec-
tion two, shall be in accordance with the provisions of this
chapter, the commission, after reasonable notice and a
public hearing in the city or town wherein the license is to
be exercised, may issue a license to the applicant to conduct
a racing meeting, in accordance with the provisions of this
chapter, at the race track specified in such application;
provided, that if the commission has already taken action
on an application in any calendar year, after such notice
and public hearing, no other public hearing need be granted
on any other application relating to the same premises filed
prior to the expiration of said year, unless such other appli-
cation is for an extension of more than ten days for the
racing meeting or for an additional racing meeting.

Section 3. Said section three is hereby further amended
by striking out, in the second line of paragraph (/), as so
appearing, the word "seventy" and inserting in place thereof
the word : — ninety, — so that said paragraph will read as
follows : — (/) No licenses shall be issued for more than an
aggregate of ninety racing days in any one year at all run-
ning horse race meetings combined, not including running
horse racing meetings at state and county fairs.

Section 4. Said section three is hereby further amended
by inserting after the word ''track" the second time it occurs
in the fifth line of paragraph (/i), as so appearing, the words:
— within the commonwealth, — and by adding at the end
thereof the following: — ; provided, that licenses may be
issued to permit such meetings to be held or conducted at
the same time at not more than two race tracks if such tracks
are seventy-five miles apart, — so that said paragraph
will read as follows: —

(h) No licenses shall be issued to permit running horse
racing meetings to be held or conducted, except in connection
with a state or county fair, at the same time at more than
one race track within -the commonwealth, nor at any time
at a race track located within fifty miles of another race
track within the commonwealth, one mile or more in cir-
cumference; provided, that licenses may be issued to per-
mit such meetings to be held or conducted at the same time
at not more than two race tracks if such tracks are seventy-
five miles apart.

Section 5. Section nine of said chapter one hundred

G. L. (Ter.
Ed.), 128A,
§ 3, etc.,
amended.

License to
conduct racing
meeting.
Application for,
contents of.

G. L. (Ter.
Ed.), 128A,
§ 3, etc.,
further
amended.

Number of
racing days
limited.

G. L. (Ter.
Ed.), 128A,
§ 3, etc.,
further
amended.

Number of
licensed race
tracks limited.

G. L. (Ter.
Ed.), 128A,

584

Acts, 1935. — Chap. 454.

{ 0, etc.,
amended.

Penalty.

G. L. (Ter.
Ed.), 128.\.
new section
9.\, added.
Rules and
regulations
may control
fees, etc.

G. L. (Ter.
Ed.), 128A,
i 13, etc.,
amended.

Penalty for

unlicensed

wagering.

G. L. (Ter.
Ed.), 128A.
new section
13A, added.
Approval of
local authori-
ties required.

and twenty-eight A, as so appearing, is hereby amended by
striking out the last paragraph and inserting in place thereof
the following : —

Any person violating any such rule or regulation shall,
upon a complaint brought by the commission, be punished
by a fine not exceeding five thousand dollars or by imprison-
ment not exceeding one year, or by both.

Section 6. Said chapter one hundred and twenty-eight
A is hereby amended by inserting after said section nine the
following new section: — Section 9 A. For the purpose of
enabling the commission to exercise and maintain a proper
control over horse and dog racing conducted under the
provisions of this chapter, the rules, regulations and con-
ditions prescribed by the commission under section nine
may provide for the licensing and registering at reasonable
and uniform fees, of agents, assumed names, colors, part-
nerships and minor agreements and may provide for the
licensing at reasonable and uniform fees of trainers of horses
and dogs and of jockeys participating in such racing and
also of owners of dogs. Such rules and regulations may
also provide for the suspension and revocation of licenses so
granted and also for the imposition on persons so licensed
of reasonable forfeitures and penalties for the violation of
any rule or regulation prescribed by the commission and
for the use of the proceeds of such penalties and forfeitures.

Section 7. Section thirteen of said chapter one hundred
and twenty-eight A, as so appearing, is hereby amended by
striking out, in the thirteenth line, the word "shall" and
inserting in place thereof the word : — may, — and by
inserting after the word "barred" in the same line the words:
— or suspended, — so as to read as follows: — Section IS.
Any person making a handbook, at any race track within
the commonwealth, or holding or conducting a gambling
pool or managing any other type of wagering or betting on
the results of any horse or dog race, or aiding or abetting
any of the foregoing types of wagering or betting, except
as permitted by this chapter, shall for a first offence be
punished by a fine of not more than two thousand dollars
and imprisonment for not more than one year, and for a
subsequent offence by a fine of not more than ten thousand
dollars and imprisonment for not more than two years.
Any jockey, trainer or owner of horses participating in horse
or dog racing, if found guilty by the commission of unfair
riding or crooked tactics, may be barred or suspended from
further participation in racing throughout the common-
wealth.

Section 8. Said chapter one hundred and twenty-eight
A, as so appearing, is hereby further amended by inserting
after section thirteen the following new section : — Section
ISA. The provisions of section one hundred and eighty-
one of chapter one hundred and forty and of sections thirty-
one, thirty-three and thirty-four of chapter two hundred
and seventy-one, and of chapter four hundred and ninety-

Acts, 1935. — Chap. 455. 685

four of the acts of nineteen hundred and eight, shall not
apply to race tracks or racing meetings laid out and con-
ducted by licensees under this chapter; except that no
license shall be granted by the commission for a racing
meeting unless the location of the race track where such
meeting is to be held or conducted has been once approved
by the mayor and aldermen or the selectmen as provided
by said section thirty-three of said chapter two hundred and
seventy-one. Approved July 26, 19S5.

An Act authorizing the city of boston to provide cer- nhnj) 455

TAIN ADDITIONAL FUNDS NECESSARY TO MEET THE COST OF ^'

CERTAIN IMPROVEMENTS IN CONNECTION WITH THE CON-
STRUCTION OF THE VEHICULAR TUNNEL BETWEEN BOSTON
PROPER AND EAST BOSTON.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and ninety-seven of
the acts of nineteen hundred and twenty-nine is hereby
amended by striking out section eight, as amended by sec-
tion two of chapter two hundred and eighty-seven of the
acts of nineteen hundred and thirty-two, and inserting in
place thereof the following: — Section 8. For the purpose
of meeting the cost of the tunnel, which shall include all
expenses incurred in laying out and constructing the same
and all facilities and appurtenances incidental thereto,
including plazas, street approaches, and additional street
and traffic improvements, all as described in section one,
and all land damages, expenses of the department, such
proportion of the salaries of the department as may in its
opinion be properly chargeable thereto and all interest
accruing prior to the use of the tunnel on debt incurred for
the foregoing, the treasurer of the city shall, from time to
time, on request of the department, with the approval of
the mayor of the city and without any other authority
than that contained in this act, issue and sell at public or
private sale the bonds of the city, registered or with interest
coupons attached, as he may deem best, to an amount not
exceeding nineteen million six hundred thousand dollars.
Such bonds shall be designated on their face, Traffic Tun-
nel Bonds, City of Boston, Act of 1929, sixteen million
dollars of which shall be for such terms, not exceeding fifty
years, and three million dollars of which shall be for such
terms, not exceeding thirty years, and six hundred thousand
dollars of which shall be for such terms, not exceeding
thirty years, as in each case the mayor and the treasurer of
the city may determine, and shall bear such interest, pay-
able semi-annually, as the mayor and the treasurer of the
city may determine. Such bonds may be called, retired
and cancelled by the city on any date upon which interest
is payable on said bonds after twenty years from their
respective dates, by payment by the city of the amount of

586 Acts, 1935. — Chap. 455.

the face of said bonds with any accumulated unpaid interest,
and the bonds shall contain a statement to such effect. The
proceeds of such bonds shall be used only to meet the cost of
the tunnel as hereinbefore defined. The said three million
dollars of bonds shall also be designated on their face, Series
B. The said six hundred thousand dollars of bonds shall
also be designated on their face. Series C. The debt in-
curred from time to time under the provisions of this act
shall not be included in determining the limit of indebted-
ness of the city as established by law. The board of sink-
ing fund commissioners of the city shall establish a primary
sinking fund for the payment of the said sixteen million
dollars of bonds, a first supplemental sinking fund for the
payment of the principal and interest of the said three mil-
lion dollars of bonds and a second supplemental sinking
fund for the payment of the principal and interest of the
said six hundred thousand dollars of bonds. There shall
annually be paid into such primary sinking fund from tolls
and charges or otherwise as hereinafter provided such sum
at least as is necessary to provide for the payment of the
said sixteen million dollars of bonds at the expiration of
fifty years from their respective dates, and from the excess
of tolls and charges available under section twelve there
shall annually be paid into such first supplemental sinking
fund such sum at least as is necessary to provide for the
payment of the interest on the said three million dollars of
bonds as it becomes due and the principal of such bonds at
the expiration of thirty years from their respective dates,
and from any excess of such tolls and charges then remain-
ing there shall annually be paid into such second supple-
mental sinking fund such sum at least as is necessary to
provide for the payment of the interest on the said six
hundred thousand dollars of bonds as it becomes due and
the principal of such bonds at the expiration of thirty years
from their respective dates; provided, that the first pay-
ment into any of said funds shall not be made prior to the
expiration of one year after the entire tunnel is in operation.
Upon and after the completion of the tunnel as aforesaid
there shall also be paid into said primary sinking fund the
proceeds received from any sales or leases -under section
four and the balance of the proceeds of any bonds issued
hereunder previous to the effective date of chapter two
hundred and eighty-seven of the acts of nineteen hundred
and thirty-two and not then any longer required for con-
struction purposes.

All tolls, rents, percentages, compensation and other
charges received for any use of the tunnel shall be used by
the treasurer of the city only to meet the operating costs,
exclusive of interest on the said three million dollars of
bonds and of interest on the said six hundred thousand
dollars of bonds and payments into the said first and second
supplemental sinking funds, and, subject to the provisions
of section twelve, the excess in any year of such tolls and

Acts, 1935. — Chap. 455. 587

charges over operating costs, exclusive of the said interest
and sinking fund payments in respect of the said three
million dollars of bonds and in respect of the said six hun-
dred thousand dollars of bonds, shall be paid into said
primary sinking fund.

The treasurer of the city may, from time to time, on the
request of the department, with the approval of the mayor
of the city and without any other authority than that con-
tained in this act, make a temporary loan for a period of not
more than one year in anticipation of the money to be
derived from the sale of any issue of bonds herein authorized,
and may issue notes therefor; and such notes may be re-
funded from time to time by the issue of new notes matur-
ing within one year from the date of their issue; provided,
that the period from the date of issue of the original loan
to the date of maturity of the final refunding period of the
permanent loans herein authorized shall not be extended by
reason of the temporary loans.

Section 2. Said chapter two hundred and ninety-seven
is hereby further amended by striking out section nine, as
most recently amended by chapter three hundred and
twelve of the acts of the current year, and inserting in
place thereof the following : — Section 9. Upon the com-
pletion of the tunnel, the public works department of the
city shall operate the same as a toll tunnel, and shall from
time to time estabhsh a schedule of tolls and charges for the
use of the same, which, in the opinion of said public works
department, subject to the approval of the department of
public utilities, will pay all operating costs, which term
wherever used in this act shall include charges for adequate
maintenance and upkeep, operating expenses including
therein proper policing, lighting, and ventilating, interest on
all bonds or notes issued under authority hereof, and such
annual amounts as are necessary to provide a primary sink-
ing fund for the payment of the principal of the said sixteen
million dollars of bonds upon the expiration of such period
of time, not less than twenty nor more than fifty years
after their respective dates, a first supplemental sinking
fund for the payment of the said three million dollars of
bonds upon the expiration of such period of time, not less
than twenty nor more than thirty years after their respec-
tive dates, and a second supplemental sinking fund for the
payment of the said six hundred thousand dollars of bonds
upon the expiration of such period of time, not less than
twenty years nor more than thirty years after their respec-
tive dates, as in each case said public works department,
with the approval of the department of public utilities,
shall from time to time determine. If in any year such
schedule of tolls and charges should prove to be insufficient,
the said public works department shall establish such tolls
and charges as will provide sufficient revenue to meet any
deficit ; provided, that if in the opinion of said public works
department such new schedule of rates and charges would

588 Acts, 1935. — Chap. 455.

not result in an increase in revenue, then it may establish
such new schedule of tolls and charges as it deems will pro-
duce the maximum revenue and any deficits resulting there-
from shall be met as provided in section eleven. All
schedules of tolls and charges established under this section
or under section twelve shall be subject to the approval of
the department of public utilities. The said public works
department shall collect such tolls and charges from the
driver of each vehicle using said tunnel, and shall daily pay
the same over to the city collector of Boston; provided,
that no toll or charge shall be collected from the drivers of
vehicles owned by the city, or by the Boston protective de-
partment or from drivers of ambulances.

Section 3. Said chapter two hundred and ninety-
seven is hereby further amended by striking out section
ten, as amended by section four of said chapter two hun-
dred and eighty-seven, and inserting in place thereof the
following: — Section 10. In addition to the full credit of
the city, so much of all receipts from tolls and charges for
or on account of the use of the tunnel as are required to be
expended, by the provisions of this act, for the payment of
the principal and interest of the bonds issued under sec-
tion eight, as and when the same become due and payable,
are hereby pledged to such payment subject to the priori-
ties herein provided in favor of the said sixteen million dol-
lars of bonds over the said three million dollars of bonds
and over the said six hundred thousand dollars of bonds and
in favor of the said three million dollars of bonds over the
said six hundred thousand dollars of bonds; and said pro-
visions are hereby declared to constitute contracts between
the city and the holders of said bonds within the meaning of
section ten of Article 1 of the constitution of the United
States, and a recital thereof shall appear on the face of said
sixteen million dollars of bonds.

Section 4. Said chapter two hundred and ninety-
seven is hereby further amended by striking out section
twelve, as most recently amended by section two of chapter
seventy-four of the acts of the current year, and inserting
in place thereof the following: — Section 12. Whenever
as of the last day of March in any year the receipts from
tolls and charges as established under section nine or under
this section exceed the operating costs, excluding for this
purpose interest and sinking fund requirements in respect
of the said three million dollars of bonds and in respect
of the said six hundred thousand dollars of bonds, but in-
cluding sinking fund requirements in respect of the said
sixteen million dollars of bonds on a basis of the payment
of all of the said sixteen million dollars of bonds at the ex-
piration of twenty years after their respective dates, said
excess shall be transferred to the general funds of the city
so far as necessary to reimburse it for any amounts raised
by taxation under section eleven, exclusive of any amounts
so raised for interest or sinking fund requirements in respect

Acts, 1935. — Chap. 455. 589

of the said three milHon dollars of bonds and in respect of
the said six hundred thousand dollars of bonds. If any
such excess occurs after the city shall have been reimbursed
in full for all amounts so raised by taxation, exclusive of
amounts for interest and sinking fund requirements in
respect of the said three million dollars of bonds and of the
said six hundred thousand dollars of bonds, the public works
department shall, subject to the provisions of section nine,
establish a reduced schedule of tolls and charges, sufficient,
however, to meet the operating costs; provided, however,
that until all of the said three million dollars of bonds and
of the said six hundred thousand dollars of bonds, shall be-
come payable, whether at their final maturity or when called
as hereinbefore provided, of such excess not so needed for
such reimbursement so much thereof as shall be required
for the payment of the interest and principal of the said
three million dollars of bonds shall be paid into said first
supplemental sinking fund to be applied by the treasurer
to the payment of the interest and principal of the said three
million dollars of bonds, on a basis of the payment of all
of the said three million dollars of bonds at the expiration
of twenty years after their respective dates, and the re-
mainder of such excess shall be paid into such second sup-
plemental sinking fund to be applied by the treasurer to
the payment of the interest and principal of the said six
hundred thousand dollars of bonds. In case it shall be
determined that all of such excess cannot be so paid without
impairing rights secured by the constitution of the United
States to holders of any of the said sixteen million dollars
of bonds heretofore sold and paid for or to holders of any
of the said three million dollars of bonds heretofore sold and
paid for, then to the extent that such excess can be so paid
without such impairment, so much thereof as may be re-
quired for interest and sinking fund requirements in respect
of the said three million dollars of bonds on a basis of the
payment thereof at the expiration of twenty years after their
respective dates shall be paid into the said first supplemental
sinking fund and the remainder shall be paid into the second
supplemental sinking fund as hereinbefore provided. If
the amounts so directed to be contributed to the said first
and second supplemental sinking funds shall be more than
necessary to meet the interest on the said three million
dollars of bonds and on the said six hundred thousand dol-
lars of bonds and to retire the principal thereof at the ex-
piration of twenty years after their respective dates, the
public works department shall establish the said reduced
schedule as hereinbefore provided.

Section 5. If any provision hereof shall be invalid,
such invalidity shall not affect any other provisions of this
act or the validity of any of said nineteen million six hun-
dred thousand dollars of bonds as obligations secured not
only by the full credit of the city but also by a pledge of the
receipts from tolls and charges as herein provided to the
extent that such provisions shall be vaUd.

590 Acts, 1935. — Chaps. 456, 457.

Section 6. Said chapter two hundred and ninety-
seven, having been submitted to and accepted by the city
council of the city of Boston, in accordance with the provi-
sions of section fifteen thereof, this act in amendment of
said chapter shall take effect upon its passage and without
being further submitted to the city council of said city.

Section 7. Any funds recovered by the city of Boston
in actions instituted to recover from the recipients the whole
or any part of profits made by them in connection with the
taking by the said city of property for the construction
of the Sumner Tunnel, so called, shall be paid into the second
supplemental sinking fund created by this act, and used
for the payment and redemption of the six hundred thou-
sand dollars of bonds authorized hereunder.

Approved July 31, 1935.

Chap. 456 An Act relative to the appropriation of money for

WORKS PROGRESS ADMINISTRATION PROJECTS.

Emergency Wheveas, The deferred operation of this act would tend

pream le. ^^ 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:

Appropriations made, or to be made, for Emergency
Relief Administration projects from the proceeds of loans
issued under chapters one hundred and eighty-eight and
three hundred of the acts of the current year may be ex-
pended on projects of the Works Progress Administration
or its successor, if any. Appropriations made for Emer-
gency Relief Administration projects from taxation or avail-
able funds by cities and towns may, without further vote,
be used for any project of the Works Progress Adminis-
tration. Approved July 31, 1935.

Chap. 4:57 An Act providing for the construction of additional

SEWERAGE WORKS FOR THE SOUTH ESSEX SEWERAGE DIS-
TRICT AND FOR CERTAIN OTHER IMPROVEMENTS IN RELA-
TION TO SUCH WORKS.

Be it enacted, etc., as follows:

The department of public works, with the consent of the
South Essex sewerage board and the approval of the depart-
ment of public health, may, for the purposes of this act,
take by eminent domain under chapter seventy-nine of the
General Laws, in behalf of the South Essex sewerage dis-
trict, public or private property in said district, and may
reconstruct, relocate, rebuild, re-equip, alter and enlarge
the Salem sewage pumping station of said district, may con-
struct works at or near said pumping station for the treat-
ment of sewage received thereat and may construct multiple

Acts, 1935. — Chap. 458.

591

outlets in an extension of the present outfall sewer of said
district. For all or any of such purposes, said department
of public works may apply for, accept and use, in accordance
with such federal and state laws as may be in force at the
time, such moneys as the federal government may furnish
for the purposes; provided, that no portion of any moneys
received from the federal government for any of such pur-
poses shall be assessed upon or paid by the cities of Salem,
Peabody or Beverly, or the town of Danvers.

Approved July SI, 1935.

An Act increasing the number of assistant district Chav.AdS

ATTORNEYS IN THE SUFFOLK AND SOUTHEASTERN DISTRICTS
AND ESTABLISHING THE SALARIES OF THE DISTRICT AT-
TORNEYS FOB THE NORTHWESTERN AND WESTERN DIS-
TRICTS AND OF CERTAIN ASSISTANT DISTRICT ATTORNEYS.

Be it enacted, etc., as follows:

Section 1. Chapter twelve of the General Laws is
hereby amended by striking out section fourteen, as most
recently amended by section one of chapter four hundred
and thirty-three of the acts of the current year, and insert-
ing in place thereof the following: — Section 14- District
attorneys of the following districts may appoint the follow-
ing officers, as herein specified, and may at their pleasure
remove them:

For the Suffolk district, twelve assistant district at-
torneys.

For the northern district, an assistant district attorney
and five second assistant district attorneys.

For the eastern district, four assistant district attorneys.

For the middle district, an assistant district attorney,
a second assistant district attorney and a third assistant
district attorney.

For the southeastern district, an assistant district at-
torney, a second assistant district attorney and a third
assistant district attorney, and, if in the opinion of the dis-
trict attorney the interests of the commonwealth require,
with the approval of the chief justice of the superior court,
a deputy district attorney.

For the southern district, an assistant district attorney
and a second assistant district attorney.

For the western district, an assistant district attorney
and a second assistant district attorney, of whom one shall
reside in Berkshire county and the other in Hampden
county.

Section 2. Said chapter twelve is hereby further
amended by striking out section fifteen, as appearing in

Emergency
preamble.

G. L. (Ter.
Ed.), 12, § 14.
etc., amended.

Assistant

district

attorneys.

G. L. (Ter.
Ed.), 12, § 15,
amended.

592

Acts, 1935. — Chap. 458.

Salaries
of district
attorneys.

G. L. (Ter.
Ed.). 12, { 16.
etc.. amended.

Salaries of
assistant
district
attorneys.

the Tercentenary Edition, and inserting in place thereof
the following: — Section 15. District attorneys shall re-
ceive from the commonwealth salaries as follows :

For the Suffolk district, nine thousand dollars.

For the northern district, seven thousand dollars.

For the eastern district, six thousand dollars.

For the middle district, six thousand dollars.

For the southeastern district, six thousand dollars.

For the southern district, five thousand dollars.

For the western district, six thousand dollars.

For the northwestern district, four thousand dollars.

Section 3. Said chapter twelve is hereby further
amended by striking out section sixteen, as amended by
section two of said chapter four hundred and thirty-three,
and inserting in place thereof the following: — Section 16.
Assistant, second assistant and third assistant district
attorneys and deputy district attorneys shall receive from
the commonwealth salaries as follows :

For the Suffolk district, two assistants, sixty-five hun-
dred dollars; four assistants, five thousand dollars; two
assistants, four thousand dollars; and four assistants, three
thousand dollars.

For the northern district, assistant, five thousand dollars;
second assistants, four thousand dollars.

For the eastern district, one assistant, thirty-six hundred
dollars; one assistant, three thousand dollars; two assist-
ants, twenty-four hundred dollars.

For the middle district, assistant, thirty-six hundred
dollars; second assistant, three thousand dollars; third
assistant, twenty-four hundred dollars.

For the southeastern district, assistant, thirty-six hun-
dred dollars; second assistant, three thousand dollars;
third assistant, three thousand dollars; deputy district
attorney, such compensation as shall be fixed by the district
attorney, with the approval of the chief justice of the
superior court.

For the southern district, assistant, three thousand dol-
lars; second assistant, twenty-four hundred dollars.

For the western district, assistant, twenty-four hundred
dollars; second assistant, two thousand dollars.

{The foregoing was laid before the governor on the twenty-
fifth day of July, 1935, and after five days it had "the force of
a law^', as prescribed by the constitution, as it was not re-
turned by him with his objections thereto within that time.)

Acts, 1935. — Chap. 459.

593

An Act eliminating compulsory motor vehicle insur- Chav.4:59

ANCE FOR THE BENEFIT OF GUESTS OF PERSONS WHOSE

G. L. fTer.
Ed.), 90,
f 34A,
amended.

"Guest
occupant",
term defined.

liability is covered thereby.

Whereas, 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 safety and convenience.

Be it enacted, etc., as follows:

Section 1. Section thirty-four A of chapter ninety
of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by inserting after the para-
graph defining the word "Certificate" the following new
paragraph : —

"Guest occupant" or "guest occupant of such motor
vehicle", any person, other than an employee of the owner
or registrant of a motor vehicle or of a person responsible
for its operation with the owner's or registrant's express or
implied consent, being in or upon, entering or leaving the
same, except a passenger for hire in the case of a motor
vehicle registered as a taxicab or otherwise for carrying
passengers for hire.

Section 2, Said section thirty-four A, as so appearing,
is hereby further amended by striking out the last two para-
graphs and inserting in place thereof the following : —

"Motor vehicle liability bond", a bond conditioned that
the obligor shall within thirty days after the rendition
thereof satisfy all judgments rendered against him or
against any person responsible for the operation of the
obhgor's motor vehicle with his express or implied consent
in actions to recover damages for bodily injuries, includ-
ing death at any time resulting therefrom, and judgments
rendered as aforesaid for consequential damages consisting
of expenses incurred by a husband, wife, parent or guardian
for medical, nursing, hospital or surgical services in con-
nection with or on account of such bodily injuries or death,
sustained during the term of said bond by any person, other
than a guest occupant of such motor vehicle or any employee
of the owner or registrant of such vehicle or of such other
person responsible as aforesaid who is entitled to payments
or benefits under the provisions of chapter one hundred and
fifty-two, and arising out of the ownership, operation,
maintenance, control or use upon the ways of the common-
wealth of such motor vehicle, to the amount or limit of at
least five thousand dollars on account of injury to or death
of any one person, and, subject to such limits as respects
injury to or death of one person, of at least ten thousand
dollars on account of any one accident resulting in injury
to or death of more than one person.

"Motor vehicle Uability poHcy", a poHcy of liability in-
surance which provides indemnity for or protection to the
insured and any person responsible for the operation of the

G. L. (Ter.
Ed.), 90,
§ 34A, further
amended.

"Motor
vehicle
liability bond".

"Motor
vehicle
Uabilitv
policy' .

594 Acts, 1935. — Chap. 459.

insured's motor vehicle with his express or impHed consent
against loss by reason of the liability to pay damages to
others for bodily injuries, including death at any time re-
sulting therefrom, or consequential damages consisting of
expenses incurred by a husband, wife, parent or guardian
for medical, nursing, hospital or surgical services in con-
nection with or on account of such bodily injuries or death,
sustained during the term of said policy by any person,
other than a guest occupant of such motor vehicle or of any
employee of the owner or registrant of such vehicle or of
such other person responsible as aforesaid who is entitled
to payments or benefits under the provisions of chapter
one hundred and fifty-two, and arising out of the owner-
ship, operation, maintenance, control or use upon the ways
of the commonwealth of such motor vehicle, to the amount
or limit of at least five thousand dollars on account of injury
to or death of any one person, and, subject to such limits
as respects injury to or death of one person, of at least ten
thousand dollars on account of any one accident resulting
in injury to or death of more than one person, or a binder
as defined in section one hundred and thirteen A of said
chapter one hundred and seventy-five providing indemnity
or protection as aforesaid pending the issue of such a policy.
G. L. (Ter. SECTION 3. Said chapter ninety is hereby further

f 34D^°' amended by striking out section thirty-four D, as so appear-

amended. j^g, and inserting in place thereof the following: — »Sec-

Sth?etc°!in iion S^D. The applicant for registration may, in lieu of
lieu of bond. procuriug a motor vehicle liability bond or policy, deposit
with the department cash in the amount of five thousand
dollars or bonds, stocks or other evidences of indebtedness
satisfactory to the department of a market value of not
less than five thousand dollars as security for the payment
by such applicant or by any person responsible for the opera-
tion of such applicant's motor vehicle with his express or
implied consent of all judgments rendered against such
applicant or against such person in actions to recover
damages for bodily injuries, including death at any time
resulting therefrom, and judgments rendered as aforesaid
for consequential damages consisting of expenses incurred
by a husband, wife, parent or guardian for medical, nursing,
hospital or surgical services in connection with or on account
of such bodily injuries or death, sustained during the term
of registration by any person, other than a guest occupant
of such motor vehicle or any employee of the owner or
registrant of such motor vehicle or of such other person
responsible as aforesaid who is entitled to payments or
benefits under the provisions of chapter one hundred and
fifty-two, and arising out of the ownership, operation,
maintenance, control or use upon the ways of the common-
wealth of such motor vehicle, to the amount or limit of at
least five thousand dollars on account of any such judgment.
The depositor shall be entitled to the interest accruing on
his deposit and to the income payable on the securities

Acts, 1935. — Chap. 459.

595

deposited and may from time to time with the consent of
the department change such securities. Upon presenta-
tion to the department by an officer quaUfied to serve civil
process of an execution issued on any such judgment against
the registrant or other person responsible as aforesaid, the
department shall pay, out of the cash deposited by the regis-
trant as herein provided, the amount of the execution,
including costs and interest, up to but not in excess of five
thousand dollars. If the registrant has deposited bonds,
stocks or other evidences of indebtedness, the department
shall, on presentation of an execution as aforesaid, cause the
said securities or such part thereof as may be necessary to
satisfy the judgment to be sold at public auction, giving the
registrant three days' notice in writing of the time and place
of said sale, and from the proceeds of said sale the depart-
ment shall, after paying the expenses thereof, satisfy the
execution as hereinbefore provided when a cash deposit has
been made. Any payment upon an execution by the de-
partment in accordance with the provisions of this section
shall discharge its members from all official and personal
liability whatever to the registrant to the extent of such
payment. The department shall, whenever the amount of
such deposit from any cause falls below the amount re-
quired by this section, require, at the option of the regis-
trant, the deposit of additional cash or securities up to
the amount required by this section or a motor vehicle
liability bond or policy as provided in this chapter. Money
or securities deposited with the department under the
provisions of this section shall not be subject to attachment
or execution except as provided in this section. The depart-
ment shall deposit any cash received under the provisions
of this section in a savings bank or the savings department
of a trust company or of a national bank within the com-
monwealth.

Section 4. Section one hundred and thirteen B of chap-
ter one hundred and seventy-five of the General Laws, as
appearing in the Tercentenary Edition, is hereby amended amended.
by inserting after the first paragraph the following new para-
graph : —

The commissioner shall, annually on or before September Establishment
fifteenth, after due hearing and investigation, fix and estab- p[p''^'iu^nf°'^
lish adequate, just, reasonable and non-discriminatory charges.
premium charges to be used and charged by companies in
connection with the issue or execution of liability policies or
bonds, for the ensuing calendar year or any part thereof,
which provide indemnity for or protection to the insured
or to the obligor and any person responsible for the opera-
tion of the motor vehicle of the insured or of the obligor
with his express or implied consent against loss by reason
of the liability to pay damages to others for bodily injuries,
including death at any time resulting therefrom, or conse-
quential damages consisting of expenses incurred by a
husband, wife, parent or guardian for medical, nursing.

G. L. (Ter.
Ed.), 175,
§ 113B,

596

Acts, 1935. — Chap. 460.

Application
of act.

hospital or surgical services in connection with or on account
of such bodily injuries or death, sustained during the term
of such policy or bond by a guest occupant of such motor
vehicle, as defined in section thirty-four A of chapter
ninety, and arising out of the ownership, operation, mainte-
nance, control or use upon the ways of the commonwealth
of such motor vehicle; provided, that the parties to any
such policy or bond may contract for the payment of a
higher premium charge than that fixed and established as
aforesaid. The provisions of this section applicable to
motor vehicle liability policies or bonds, as defined in said
section thirty-four A, shall, so far as apt, apply to premium
charges fixed under this paragraph.

Section 5. The provisions of this act shall not apply
to motor vehicle liability policies and bonds, both as defined
in section thirty-four A of chapter ninety of the General
Laws, issued or executed in connection with the registra-
tion of motor vehicles or trailers for operation prior to or
during the current year or any part thereof; nor shall said
provisions affect the coverage of any deposit made under
said section thirty-four D in relation to such operation.

Approved August 1, 1935.

Chap.AQO An Act establishing annual salaries for scrub women

AND CLEANERS EMPLOYED BY THE COMMONWEALTH AND
RELATIVE TO THEIR RIGHTS AND PRIVILEGES AS STATE
EMPLOYEES.

Be it enacted, etc., as follows:

Section 1. Chapter eight of the General Laws is hereby
amended by striking out section five, as appearing
in the Tercentenary Edition, and inserting in place thereof
the following : — Section 5. Scrub women and cleaners
employed by the commonwealth shall each receive an
annual salary of nine hundred and fifty dollars, payable
weekly. Their work shall not, without proportionate
payment for overtime, exceed thirty-three hours weekly and
they shall be entitled to the same rights and privileges in
respect to sick leave, holidays and vacations as other state
employees.

Section 2. This act shall take effect as of the first day
of June in the current year. Approved August 1, 19S5.

G. L. (Ter.
Ed.), 8. § 5,
amended.

Scrub women,
compensation
of, established.

Effective date.

Acts, 1935. — Chap. 461, 597

An Act providing for preference to be given to >-y7^ jn-,

VETERANS AND OTHERS IN THE EMPLOYMENT OF MEGHAN- ^''-"P-'^Ol
ICS, TEAMSTERS, CHAUFFEURS AND LABORERS ON CERTAIN
PUBLIC WORKS, AND PROVIDING ALSO FOR THE PRIOR
DETERMINATION BY THE COMMISSIONER OF LABOR AND
INDUSTRIES OF THE MINIMUM WAGES TO BE PAID TO SAID
EMPLOYEES ON SUCH PUBLIC WORKS.

Be it enacted, etc., as follows:

Chapter one hundred and forty-nine of the General Laws g. l. (Ter.
is hereby amended by striking out sections twenty-six and ^-^^ ^m 27.
twenty-seven, as appearing in the Tercentenary Edition, "^'^i'^^j'^oe^t* '
and inserting in place thereof the six following new sec- 270. inserted.
tions : — Section 26. In the employment of mechanics. Preference to
teamsters, chauffeurs and laborers in the construction of IftizeM'in^
public works by the commonwealth, or by a county, town public works.
or district, or by persons contracting or sub-contracting
for such works, preference shall first be given to citizens of
the commonwealth who have served in the army or navy
of the United States in time of war and have been honor-
ably discharged therefrom or released from active duty
therein, and who are qualified to perform the work to which
the employment relates; and secondly, to citizens of the
commonwealth generally, and, if they cannot be obtained
in sufficient numbers, then to citizens of the United States,
and every contract for such work shall contain a provision
to this effect. Each county, town or district in the con-
struction of public works, or persons contracting or sub-
contracting for such works, shall give preference to veterans
and citizens who are residents of such county, town or
district. The rate per hour of the wages paid to said
mechanics, teamsters, chauffeurs and laborers in the con-
struction of public works shall not be less than the rate or
rates of wages to be determined by the commissioner as
hereinafter provided; provided, that the wages paid to
laborers employed on said works shall not be less than those
paid to laborers in the municipal service of the town or
towns where said works are being constructed; provided,
further, that where the same public work is to be con-
structed in two or more towns, the wages paid to laborers
shall not be less than those paid to laborers in the municipal
service of the town paying the highest rate; provided,
further, that if, in any of the towns where the works are to
be constructed, a wage rate or wage rates have been estab-
Hshed in certain trades and occupations by collective agree-
ments or understandings between organized labor and em-
ployers, the rate or rates to be paid on said works shall not
be less than the rates so established; provided, further,
that in towns where no such rate or rates have been so
estabhshed, the wages paid to mechanics, teamsters, chauf-
feurs and laborers on public works, shall not be less than
the wages paid to the employees in the same trades and

598

Acts, 1935. — Chap. 461.

Lists of public
works projects.
Rate of wages.

Wage de-
termination.

occupations by private employers engaged in the construc-
tion industry. This section shall also apply to regular em-
ployees of the commonwealth, or of the county, town or
district when such employees are employed in the con-
struction, addition to or alteration of said works for which
special appropriations are provided.

Section 27. The commissioner shall prepare, for the
use of such public officials or public bodies whose duty it
shall be to cause public works to be constructed, a list of
the several jobs usually performed on various types of
public works upon which mechanics, teamsters, chauffeurs
and laborers are employed. The commissioner shall classify
said jobs, and he may revise such classification from time
to time, as he may deem advisable. Prior to awarding a
contract for the construction of public works, said public
official or public body shall submit to the commissioner a list
of the jobs upon which mechanics, teamsters, chauffeurs
and laborers are to be employed, and shall request the com-
missioner to determine the rate of wages to be paid on each
job. The commissioner, subject to the provisions of the
preceding section, shall proceed forthwith to determine the
same, and shall furnish said official or public body with a
schedule of such rate or rates of wages as soon as said
determination shall have been made. In advertising or
calling for bids for said works, the awarding official or
pubhc body shall incorporate said schedule in the advertise-
ment or call for bids by an appropriate reference thereto,
and shall furnish a copy of said schedule, without cost, to
any person requesting the same. Said schedule shall be
made a part of the contract for said works and shall con-
tinue to be the minimum rate or rates of wages for said
employees during the life of the contract. Any person
engaged in the construction of said works shall cause a
legible copy of said schedule to be kept posted in a con-
spicuous place at the site of said works during the life of the
contract. Whoever shall pay less than said rate or rates
of wages to an employee on said works shall forfeit to the
commissioner a sum equal to twice the difference between
said rate or rates and the wages actually paid to said em-
ployee, said sum to be recovered by the commissioner in an
action of contract for the benefit of the employee; and
whoever, for himself, or as representative, agent or officer
of another, shall take or receive for his own use or the use
of any other person, as a rebate, refund, or gratuity, or in
any other guise, any part or portion of the wages paid to any
employee for work done or service rendered on said public
works, shall be punished by a fine of not less than one hun-
dred nor more than five hundred dollars, or by imprison-
ment for not more than six months, or both.

Section 27 A. Within three days from the date of the
first advertisement or call for bids, two or more employers
of labor, or two or more members of a labor organization,
or the awarding officer or official, or five or more residents

Acts, 1935. — Chap. 461.

599

of the town or towns where the public works are to be con-
structed, may appeal to the associate commissioners from a
wage determination, or a classification of employment as
made by the commissioner, by serving on the commissioner
a written notice to that effect. Thereupon the commis-
sioner shall immediately cause the associate commissioners
to hold a public hearing on the commissioner's action ap-
pealed from. The associate commissioners shall render
their decision not later than three days after the closing of
the hearing. The decision of a majority of the associate
commissioners shall be final and notice thereof shall be
given forthwith to the awarding ofincial or public body.

Section 27 B. Every contractor, sub-contractor or public Register to
body engaged in said public works to which the two pre- ^^''^p*^-
ceding sections apply, shall keep true and accurate register
of all mechanics, teamsters, chauffeurs and laborers em-
ploj'^ed thereon, showing the name, address and occupa-
tional classification of each employee on said works, and
the hours worked by, and the wages paid to, each such em-
ployee, and shall furnish to the department upon its request
a true statement of the same. Such records shall be kept
in such manner as the commissioner shall prescribe, and
shall be open to inspection by any authorized representa-
tive of the department at any reasonable time and as often
as may be necessary.

Section 27C. Whoever, either by himself or an agent, Penalty,
superintendent or foreman for another, violates any provi-
sion of the four preceding sections, where no other penalty
has been provided for, shall be punished by a fine of not
less than one hundred nor more than three hundred dollars
for a first offence, and for a subsequent offence, by a fine of
not less than two hundred nor more than five hundred dol-
lars, or by imprisonment for not more than three months,
or both. Whoever shall have been convicted of a second
violation of any of said provisions shall be prohibited from
contracting, directly or indirectly, with the commonwealth
or any county, city, or town for the construction of any
public works, or from performing any work on the same as
contractor or sub-contractor for a period of two years from
the date of said conviction.

Section 27D. Wherever used in sections twenty-six to certain terms
twenty-seven C, inclusive, the words "construction" and ^^^fined.
"constructed", as applied to public works, shall include
additions to and alterations of public works.

Approved August 1, 1935.

600

Acts, 1935. — Chap. 462.

Emergency
preamble.

Chap.AQ2 An Act enabling the commonwealth to secure certain

BENEFITS PROVIDED FOR IN AN ACT OF CONGRESS FOR RE-
SEARCH into MATTERS PERTAINING TO THE PRODUCTION,
DISTRIBUTION AND SALE OF AGRICULTURAL PRODUCTS AND
FOR ALLIED PURPOSES.

Whereas, There has been enacted by the Senate and
House of Representatives of the United States of America
in Congress assembled An Act to provide for research into
basic laws and principles relating to agriculture and to pro-
vide for the further development of co-operative agricul-
tural extension work and the more complete endowment
and support of land-grant colleges, approved June twenty-
ninth, nineteen hundred and thirty-five; and

Whereas, The provisions of the act and the purposes of
the grants of money authorized by the act are made sub-
ject to legislative assent of the several states and territories
to the provisions of the act and the purposes of said grants;
and

Whereas, The deferred operation of this act would tend
to defeat its purpose and to deprive the state from securing
benefits from the foregoing act, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. The state treasurer is authorized and di-
rected to receive all federal grants allotted to the common-
wealth under the provisions of an act of Congress entitled
"An Act to provide for research into basic laws and princi-
ples relating to agriculture and to provide for the further
development of co-operative agricultural extension work
and the more complete endowment and support of land-
grant colleges", and approved June twenty-ninth, nineteen
hundred and thirty-five. All sums received by the state
treasurer shall be transmitted by him to the trustees of the
Massachusetts state college and shall be expended by said
trustees at said college in carrying out the purposes of the
said act.

Section 2. Section six of chapter seventy-five of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by adding at the end thereof the follow-
ing:— The term "receipts", as herein used, shall include
all federal grants received by the trustees, — so as to read
as follows : — Section 6. A complete accounting of receipts
and expenditures shall be made to the governor annually.
Monthly statements of receipts and expenditures shall be
made to the comptroller by the treasurer, who shall keep
complete records and files of pay rolls and bills in his office.
There shall be a complete audit of the accounts of the col-
lege, including receipts and expenditures, under the direc-
tion of the trustees, at least twice a year. The term

State treasurer
to receive
federal funds.

G. L. (Ter.
Ed.), 75, § 6,
amended.

Accounting.
Audits at
state college.

Acts, 1935. — Chap. 463.

601

"receipts", as herein used, shall include all federal grants
received by the trustees. Approved August 2, 1935.

An Act further regulating the sale, transportation, (Jhnr) 463

STORAGE AND USE OF BENZOL AND ITS COMPOUNDS. ^'

Whereas, The deferred operation of this act would tend Emergency

to defeat its purpose, therefore it is hereby declared to be p'®*™^^^-
an emergency law, necessary for the immediate preservation
of the public health and safety.

Be it enacted, etc., as follows:

Section 1. Section one hundred and forty-two A of
chapter one hundred and forty-nine of the General Laws,
inserted by chapter three hundred and four of the acts of
nineteen hundred and thirty-three, is hereby amended by
inserting after the word "manufacturing" in the second and
third lines the word : — , mechanical, — and also by adding
at the end thereof the words: — or with the words "VOLA-
TILE SOLVENT, POISON. USE WITH ADEQUATE
VENTILATION. AVOID PROLONGED BREATH-
ING OF-VAPOR", — so as to read as f ollows : — >Sedzon
142 A. No person shall keep for sale, sell, transport or
store, and no person shall have for use in any manufactur-
ing, mechanical or mercantile establishment, benzene, repre-
sented by the chemical formula CeHs, in sections one
hundred and forty-two B to one hundred and forty-two F,
inclusive, called benzol, in any receptacle other than part of a
vehicle used exclusively for outdoor transportation, unless
such receptacle is marked with the word "BENZOL" and
with the words "BEWARE OF POISONOUS FUMES"
or with the words "VOLATILE SOLVENT, POISON.
USE WITH ADEQUATE VENTILATION. AVOID
PROLONGED BREATHING OF VAPOR".

Section 2. Said chapter one hundred and forty-nine
is hereby further amended by striking out section one hun-
dred and forty-two B, inserted as aforesaid, and inserting
in place thereof the following: — Section 142B. No person
shall keep for sale, sell, transport or store, and no person
shall have for use in any manufacturing, mechanical or
mercantile establishment, any material containing benzol,
in any receptacle other than part of a vehicle used exclu-
sively for outdoor transportation, unless such receptacle
is marked with one of the following combinations of words
and figures:

"CONTAINS LESS THAN 20 PER CENT BENZOL",
"CONTAINS MORE THAN 15 PER CENT BENZOL",
truly indicating the proportion of benzol incorporated in
the mixture as last compounded, and with the words
"BEWARE OF POISONOUS FUMES" or with the
words "POISON. USE WITH ADEQUATE VENTI-
LATION. AVOID PROLONGED BREATHING OF
VAPOR". Approved August 2, 19S5,

G. L. (Ter.
Ed.). 149,
i U2A, etc.,
amended.

Benzol, etc.,
container* for
to be marked.

G. L. (Ter.
Ed.), 149,
§ 142B, etc.,
amended.

Labels,
how marked.

602 Acts, 1935. — Chap. 464.

Chav 464 -^^ ^^^ providing a public works program for the pur-

POSE OF ALLEVIATING EXISTING CONDITIONS RESULTING
FROM UNEMPLOYMENT.

Emergency Whcreas, 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.

Be it enacted, etc., as follows:

Section 1. The following classes of public works proj-
ects may be carried out by the state department of public
works or under its direct supervision, subject to the follow-
ing conditions and restrictions and within the following
limits of aggregate ultimate liability on the part of the

commonwealth :

Limits of Ag-
gregate Ulti-
mate Liability
Classes op Projects. on the Part

of the
Common-
wealth.

(1) Highway projects, including alterations of high-
way bridges over or under railroads and the con-
struction and reconstruction of circles, to be carried
out, under the direct supervision of the depart-
ment of public works, by any city or town eligible
to receive allotments under chapter eighty-one
or ninety of the General Laws, any such project to
be paid for out of one hundred per cent grant to a
city or town so eligible, except that an allotment
for engineering services may be made at the dis-
cretion of the commissioner of said department

before any such grant is made .... $2,300,000 00

Said sum of .$2,.300,000.00 shall be composed of the
following items: I, Engineering, $200,000.00; 11,
To towns under chapter 81 of the General Laws,
$50 per mile of public ways; 111, To cities and
towns not eligible under chapter 81 upon the basis
of their respective payments for the state tax.

(2) Projects for the construction of sidewalks border-
ing state highways, to be carried out by said de-
partment, including expenses for engineering and

land damages 4,000,000 00

(3) Highway projects under the Hayden-Cartwright

bill, so called 1,741,877 00

(4) Grade crossing eliminations, including alterations
of crossings not at grade, and highway projects,
including construction, reconstruction and mainte-
nance of state highways, land damages and ex-
penses for engineering services, and also expenses
necessary to carry out any highway or grade cross-
ing projects to which the federal government con-
tributes 3,958,123 00

(5) Projects for the improvement, development and
protection of rivers and harbors, tide waters and
foreshores, including work on Commonwealth

Pier 1,000,000 00

[Of which not less than $250,000.00 shall be
expended elsewhere than in Boston harbor.]

Acts, 1935. — Chap. 464. 603

The commissioner of said department shall have full
authority to select the projects that may be entered into
under authority hereof and to carry out negotiations and
enter into agreements relative thereto with the appropriate
agencies of the federal government, if deemed advisable
by him, and no project shall be entered into hereunder unless
it is approved by him. The commonwealth may accept
and use for any project so approved any grant of federal
funds. For the purpose of carrying out projects under
this act, the state treasurer may, from time to time, borrow
on the credit of the commonwealth such sums, not exceed-
ing in the aggregate thirteen million dollars and may issue
in one or more series bonds, notes or other forms of written
acknowledgment of debt, hereinafter referred to as obliga-
tions. Each series shall carry such rates of interest as the
state treasurer may fix, with the approval of the governor,
and shall be payable serially in such amounts and at such
times as the state treasurer may determine, with the ap-
proval of the governor; provided, that the principal pay-
ments of each series shall be made annually in amounts as
nearly equal as may be. The obligation last payable of any
series issued hereunder shall become due not later than five
years from the date of the obligations of such series.

All obhgations issued under this act shall be signed by
the state treasurer and approved by the governor. Fac-
similes of the signature of the governor printed thereon
shall have the same effect as his written signature.

All obligations issued under this act shall be payable,
as to both principal and interest, in such funds as are, on
the respective dates of payment of such principal and inter-
est, legal tender for the payment of debts due the United
States of America.

All interest payments and payments on account of princi-
pal on such obligations shall be paid from the Highway
Fund, without appropriation; provided, that, notwith-
standing the foregoing, such obligations shall be general
obligations of the commonwealth.

In anticipation of the sale of such obligations, the state
treasurer may from time to time, with the approval of the
governor, pay from the Highway Fund, without appropria-
tion, any of the expenses of carrying out any projects
authorized under this act; but all money so paid from said
fund shall be repaid thereto out of the proceeds of the sale
of such obligations.

Section 2. For the purposes of this act, the state de-
partment of public works and any city or town may enter
into agreements whereby a city or town may obligate itself
to acquire such lands or rights therein as may be neces-
sary for carrying out any project aforesaid or to pay all
expenses incident to the acquisition of such lands and rights
therein, or both. For the purposes of this act, the state
department of public works, on behalf of the common-
wealth, or on behalf of any city or town entering into an

604 Acts, 1935. — Chap. 465.

agreement to carry out any project as aforesaid, or any
city or town so entering into any agreement aforesaid
on its own behalf, may enter upon or take by eminent do-
main under chapter seventy-nine of the General Laws, or
acquire by purchase or otherwise, such public or private
lands, cemeteries, public parks or reservations or parts
thereof or rights th^ein, including lands or rights therein
under the control of the metropolitan district commission,
or such public ways, as may be necessary for carrying out
any such project, including such lands or rights therein as
may be necessary for the construction of any necessary
drainage outlets; provided that no damages shall be paid
for public lands or parks, parkways or reservations so taken.
Upon the recording of an order to that effect by said de-
partment in its office, the title to and control of lands or
rights therein taken or acquired in connection with a high-
way project, other than a state highway project, shall
become vested in the city or town in which the land lies
or the control of land or rights therein so taken or acquired
shall become vested in the metropolitan district commis-
sion, and thereafter the highway improvement completed
under such project shall be kept in good condition and re-
pair by such city or town or the metropolitan district com-
mission, as the case may be.

Section 3. For the purpose of paying any expenses
incurred under any agreement entered into under the pre-
ceding section, a city, town or county may borrow such
sums as may be necessary, and may issue bonds or notes
therefor which shall be payable in not more than ten years ;
and such indebtedness shall, except as herein provided, be
subject to chapter forty-four of the General Laws in the
case of a city or town, and to chapter thirty-five of the
General Laws in the case of a county. Any borrowing
hereunder by a city or town may be outside its statutory
limit of indebtedness. Approved August 5, 1935.

Chav.4Q5 -^n Act making certain that the operation of existing

PROVISIONS OF LAW PROHIBITING THE USE OF CERTAIN
TRAILERS ON THE WAYS OF THE COMMONWEALTH SHALL
CONTINUE TO BE DEFERRED UNTIL JANUARY FIRST, NINE-
TEEN HUNDRED AND THIRTY-SIX.

Emergency Wheveas, 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:

The provisions of chapter three hundred and twenty-six
of the acts of the current year shall not cause the provi-
sions of section three of chapter three hundred and thirty-
two of the acts of nineteen hundred and thirty-three to take
effect earher than January first, nineteen hundred and
thirty-six. Approved August 6, 1935.

Acts, 1935. — Chap. 466. 605

An Act relative to the payment of annuities to de- Qhn^ 4gQ

PENDENTS OF POLICEMEN, FIREMEN, INVESTIGATORS OR ^'

examiners of the REGISTRY OF MOTOR VEHICLES, INSPEC-
TORS OF THE DEPARTMENT OF LABOR AND INDUSTRIES,
LOCAL FOREST WARDENS OR PRISON OFFICERS KILLED OR
DYING FROM INJURIES RECEIVED OR HAZARDS UNDERGONE
IN THE PERFORMANCE OF DUTY.

Be it enacted, etc., as follows:

Chapter thirty-two of the General Laws is hereby g. l. (Ter.
amended by striking out section eighty-nine, as most re- ^tl! 'amended',
cently amended by chapter three hundred and forty-three
of the acts of nineteen hundred and thirty-four, and insert-
ing in place thereof the following : — Section 89. If a mem- Annuities pay-
ber of the police or fire force, or a forest warden, of a city pendenw
or town, or a member of the department of public safety p^^"!"?!!^^*
doing police duty, or an investigator or examiner of the etc!,' in per-
registry of motor vehicles in the department of public works dutyf'"'^ °^
doing police duty, or an inspector of the department of
labor and industries, or a prison officer, is killed, or dies from
injuries received, or dies as a natural and proximate result
of undergoing a hazard peculiar to his employment, while
in the performance of his duty, and it shall be proved to the
satisfaction of the appropriate public authority as herein-
after defined that such death was the natural and proxi-
mate result of an accident occurring, or of undergoing a
hazard peculiar to his employment, while he was acting in
the performance and within the scope of his duty, and all
members of a board consisting of two physicians designated
by the pubUc authority hereinafter defined, and one physi-
cian to be designated by the commissioner of public health
shall certify to the treasurer of the body politic and cor-
porate by which the compensation of such deceased person
was payable, that the death was the natural and proximate
result of the said injury or hazard, there shall, except as
hereinafter provided, be paid out of the treasury of such
body politic and corporate, to the following dependents of
such deceased person the following annuities: To the widow,
so long as she remains unmarried, an annuity not exceeding
one thousand dollars a year, increased by not exceeding two
hundred dollars for each child of such deceased person dur-
ing such time as such child is under the age of eighteen or
over said age and physically or mentally incapacitated
from earning; and, if there is any such child and no widow
or the widow later dies, such an annuity as would have been
payable to the widow had there been one or had she lived,
to or for the benefit of such child, or of such children in
equal shares, during the time aforesaid ; and, if there is any
such child and the widow remarries, in lieu of the afore-
said annuity to her, an annuity not exceeding two hundred
and sixty dollars to or for the benefit of each such child
during the time aforesaid; and, if there is no widow and

606 Acts, 1935. — Chap. 466.

no such child, an annuity not exceeding one thousand dol-
lars to or for the benefit of the father or mother of the de-
ceased if dependent upon him for support at the time of his
death, during such time as such beneficiary is unable to
support himself or herself and does not remarry. The total
amount of all such annuities shall not, except as herein-
after provided, exceed the annual rate of compensation
received by such deceased person at the date of his death.
If such deceased person was a reserve or special policeman
or a reserve or call fireman of a city or town and, at the
time he was killed or at the time he received the injuries or
underwent the hazard resulting in his death, was perform-
ing duty to which he was assigned or called as such police-
man or fireman and for the performance of which he was
entitled to compensation from said city or town, the total
amount of all such annuities shall not exceed the annual
rate of compensation payable to a regular or permanent
member of the police or fire force thereof, as the case may
be, for the first year of service therein, and if there are no
regular or permanent members of the police or fire force
thereof, as the case may be, said total amount shall not
exceed the sum of one thousand dollars. The amount of
any such annuity shall from time to time be determined
within the limits aforesaid by the appropriate public
authority as hereinafter defined.

In case the deceased was a member of a contributory
retirement system for pubhc employees, the benefits pro-
vided under this section shall be in the alternative for the
benefits, if any, provided by such retirement system for
dependent widows and children or for dependent fathers
or mothers; and the widow, or if there is no widow, the legal
representative of the children entitled thereto, if any, other-
wise the father or mother in the order named, shall elect
which benefits shall be granted. Such election shall be
made in writing and shall be filed with the retirement board
in charge of the system of which the deceased was a mem-
ber and shall not be subject to change or revocation after
the first payment of any benefit thereunder.

The words "appropriate public authority", as used in
this section, shall mean, as to a member of the police or fire
force or a forest warden of a city, the mayor and city
council; as to a member of the police or fire force or a forest
warden of a town, the selectmen; as to a member of the
department of public safety doing police duty, the com-
missioner of public safety, with the approval of the governor
and council; as to an investigator or examiner of the regis-
try of motor vehicles in the department of public works, the
commissioner of public works, with like approval; as to an
inspector of the department of labor and industries, the
commissioner of labor and industries, with like approval;
as to a prison officer of the state prison, the state prison
colony, the Massachusetts reformatory, the state farm, or
the reformatory for women, the commissioner of correction,

Acts, 1935. — Chap. 467. 607

with like approval; and as to a prison officer of a jail or
house of correction, the sheriff and county commissioners of
the county, except in the county of Suffolk, where the pub-
lic authority as to prison officers of the jail shall be the
sheriff and the mayor of Boston, and, as to prison officers
of the house of correction, the penal institutions commis-
sioner and the mayor of Boston.

The provisions of this section shall apply to deaths result-
ing from injuries received, occurring on or after January
first, nineteen hundred and thirty in the case of policemen
and firemen and members of the department of public safety
doing police duty, occurring on or after August twenty-
fifth, nineteen hundred and thirty-two in the case of inspec-
tors or examiners of the registry of motor vehicles in the
department of public works, occurring on or after Septem-
ber twenty-fifth, nineteen hundred and thirty-four in the
case of forest wardens of cities or towns, and occurring on
or after January first, nineteen hundred and thirty-four
in the case of inspectors of the department of labor and
industries and of prison officers, and to deaths resulting
from hazards undergone, occurring on or after January first,
nineteen hundred and thirty-five, in the case of policemen,
firemen, members of the department of public safety doing
police duty, inspectors or examiners of the registry of motor
vehicles in the department of public works, forest wardens
of cities or towns, inspectors of the department of labor and
industries and prison officers, irrespective of the time of
receiving the injuries or undergoing the hazards resulting
in such death; provided, that nothing contained in this
section shall affect any annuity lawfully granted under the
provisions thereof as previously from time to time in effect.

Approved August 6, 1935.

An Act providing a pension for Joseph murphy of Chav. 4:67

HOLYOKE, A FORMER MEMBER OF THE STATE POLICE.

Be it enacted, etc., as follows:

Subject to appropriation, there shall be paid out of the
state treasury to Joseph Murphy of Holyoke, who was
injured while in the performance of his duties as a member
of the state police in March, nineteen hundred and thirty-
one, an annual pension equal to one half the salary he
was receiving at the time of said injury. Said pension
shall be payable monthly, commencing upon the date of
the approval of payment by the governor and council.

Approved August 6, 1935.

608

Acts, 1935. — Chap. 468.

G. L. (Ter.
Ed.), 138,
§ 12, etc.,
amended.

Licenses,
granting of.

Chap.4Q8 An Act further regulating the hours during which

SALES OF ALCOHOLIC BEVERAGES MAY BE MADE BY CER-
TAIN LICENSEES.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and thirty-eight of
the General Laws is hereby amended by striking out sec-
tion twelve, as most recently amended by sections seven to
nine, inclusive, of chapter four hundred and forty of the
acts of the current year, and inserting in place thereof the
following: — Section 12. A common victualler duly li-
censed under chapter one hundred and forty to conduct a
restaurant, an innholder duly licensed under said chapter
to conduct a hotel and a keeper of a tavern as defined by
this chapter, in any city or town wherein the granting of
licenses to sell all alcoholic beverages or only wines and
malt beverages, as the case may be, is authorized by this
chapter, subject however, in the case of a tavern, to the
provisions of section eleven A, may be hcensed by the local
licensing authorities, subject to the prior approval of the
commission, to sell to travelers, strangers and other patrons
and customers not under twenty-one years of age, such
beverages to be served and drunk, in case of a hotel or
restaurant licensee, only in the dining room or dining
rooms and in such other public rooms or areas of a hotel
as the local licensing authorities may deem reasonable and
proper, and approve in writing; provided, that no tavern
license shall be granted to the holder of a hotel license
hereunder. Such sales may also be made, by an innholder
licensed hereunder, to registered guests occupying private
rooms in his hotel. Upon an application for a restaurant
license, the local licensing authorities may in their discretion
grant such a license authorizing the sale of alcoholic bever-
ages on all days of the week or one authorizing such sale
on secular days only, and the decision of such authorities
as to which of the two types may be granted upon any
particular application shall be final. During such time as
the sale of such alcoholic beverages is authorized in any
city or town under this chapter, the authority to grant
innholders' and common victuallers' licenses therein under
chapter one hundred and forty shall be vested in the local
hcensing authorities.

No alcoholic beverage shall be served to or drunk by a
woman in a public room or area of a hotel, or in a restaurant
or club, licensed under this section, except while seated at a
table or seated at a counter equipped with stools, and no
such beverage shall be served to or drunk by a woman in a
tavern; and no such beverage shall on Sundays be served to
or drunk by any person standing at a bar or counter in such
a hotel, restaurant or club.

If a license granted under this section to a person holding
a license as an innholder or common victualler is sus-

Acts, 1935. — Chap. 468. 609

pended or revoked for any particular cause, no action shall
be taken on account thereof by such authorities with
respect to such innholder's or common victualler's license
prior to the expiration of the period provided for an appeal
under section sixty-seven in case no such appeal is taken,
or prior to the disposition of any such appeal so taken, nor
thereafter, except for further cause, in case such disposition
is in favor of the appellant. Any club in any city or town
wherein the granting of licenses to sell alcoholic beverages,
or only wines and malt beverages, as the case may be, is
authorized under this chapter may be licensed by the local
licensing authorities, subject to the approval of the commis-
sion, to sell such beverages to its members only, and also,
subject to regulations made by the local hcensing authori-
ties, to guests introduced by members, and to no others.

The local hcensing authorities may determine in the
first instance, when originally issuing and upon each annual
renewal of licenses under this section, the amount of the
license fee, in no case less than two hundred and fifty nor,
except as hereinafter provided, more than seven hundred
and fifty dollars for a tavern license or twenty-five hundred
dollars for any other license under this section for the sale of
all alcoholic beverages, and in no case less than one hundred
dollars, nor, except as hereinafter provided, more than five
hundred dollars for a tavern license or one thousand dollars
for any other license under this section for the sale of wines
and malt beverages, or either; provided, that the minimum
license fee in the case of a club license for the sale of all
alcoholic beverages shall be one hundred dollars; and pro-
vided, further, that nothing herein shall prevent such
authorities from establishing license fees differing in amounts
within the limitations aforesaid for restaurant licenses
authorizing the sale of alcoholic beverages on all days of the
week and for restaurant licenses authorizing such sale on
secular days only. If different license fees are so estab-
lished the fee for licenses authorizing the sale of alcoholic
beverages on all days of the week shall not be more than
twenty-five per cent higher than the fee for licensing such
sale on secular days only. Before issuing a hcense to
any applicant therefor under this section, or before a re-
newal of such license, the local licensing authorities 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 one 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.

The local licensing authorities may accept the surrender
of a Hcense issued under tljis section and may issue in place
thereof to the same licensee any other form of license auth-
orized under this section, and may allow as a credit on the
fee for the new license the license fee paid for the license
surrendered but no refund shall be authorized. Different

610

Acts, 1935. — Chap. 468.

G. L. (Ter.
Ed.), 138,
§ 33, etc.,
amended.

Sales
regulated.

licenses issued as aforesaid for any portion of the same
license year to the same licensee shall count as one license
for the purposes of section seventeen.

The hours during which sales of such alcoholic beverages
may be made by any licensee as aforesaid shall be fixed by
the local licensing authorities either generally or specially
for each licensee ; provided, that no such sale shall be made
on any secular day between the hours of one and eight
o'clock ante meridian and that, except as provided in sec-
tion thirty-three, no such licensee shall be barred from
making such sales on any such day after eleven o'clock
ante meridian and before eleven o'clock post meridian, and
that no tavern shall be kept open on any such day after
eleven o'clock post meridian.

No person, firm, corporation, association or other com-
bination of persons, directly or indirectly, or through any
agent, employee, stockholder, officer or other person, or
any subsidiary whatsoever, licensed under the provisions
of section fifteen, eighteen or nineteen shall be granted a
license under this section.

No licensee under this section, or any employee of such
licensee, shall serve any alcoholic beverage to any customer
or other person in the licensed premises without charge.

In cities and towns which vote to authorize under section
eleven the granting of licenses for the sale of all alcoholic
beverages, specific licenses may nevertheless be granted
under this section for the sale of wines or malt beverages
only, or both. The licensing authorities may refuse to
grant licenses under this section in certain geographical
areas of their respective cities or towns, where the character
of the neighborhood may warrant such refusal.

All malt beverages sold by a licensee under this section
containing not more than three and two tenths per cent of
alcohol by weight shall be expressly sold as such.

Section 2. Section thirty-three of said chapter one
hundred and thirty-eight, as most recently amended by
section nine of chapter three hundred and seventy of the
acts of nineteen hundred and thirty-four, is hereby further
amended by striking out, in the sixteenth line, the words
"between the hours of two o'clock ante meridian and" and
inserting in place thereof the word : — before, — so as to
read as follows : — Section S3. No licensee under section
twelve shall sell and no licensee under section fifteen shall
sell or deliver any alcoholic beverages, and no registered
pharmacist acting under section twenty-nine and no licensee
under section thirty A shall sell any alcoholic beverages or
alcohol without a physician's prescription, during polling
hours on any day on which a state or municipal election,
caucus or primary is held in the city or town in which such
licensed place is conducted; provided, that the foregoing
restrictions shall not apply in the case of such an election,
primary or caucus if the local licensing authorities issue an
order to that effect applicable aUke to all licensees of every

Acts, 1935. — Chap. 469. 611

class subject to such restrictions. No holder of a tavern
license shall sell any alcoholic beverages on Sundays, no
other licensee under section twelve shall sell any such bever-
ages on Sundays before one o'clock post meridian, no
registered pharmacist acting under section twenty-nine
and no licensee under section thirty A shall sell any alco-
holic beverages or alcohol without a prescription on Sun-
days or legal holidays and no licensee under any other
section of this chapter for the sale of alcoholic beverages
not to be drunk on the premises shall sell or deliver any
such beverages or alcohol on Sundays or legal holidays.

Approved August 6, 1935.

An Act providing for the construction of a state
highway over the route of the old middlesex turn-
pike, so called, from arlington to north chelms-
FORD.

Be it enacted, etc., as follows:

Section 1. Subject to the conditions herein imposed,
the department of public works, hereinafter called the de-
partment, is hereby authorized and directed to lay out and
construct a state highway extending from the junction of
Lowell street and Massachusetts avenue in the town of
Arlington, through the towns of Burlington, Billerica and
Chelmsford, over the route of the Old Middlesex Turn-
pike, so called, with connecting links between the town of
Chelmsford and the city of Lowell.

Section 2. The department may, on behalf of the
commonwealth, take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by purchase
or otherwise, such public or private lands, cemeteries, or
parts thereof or rights therein, and public ways, as it may
deem necessary for carrying out the provisions of section
one, including such land or rights in land as may be neces-
sary for the construction of any necessary drainage outlets;
provided, that no damages shall be paid for public lands so
taken.

Section 3. The cost of laying out and constructing
said proposed highway and of land takings for the same,
including any damages awarded or paid on account of any
taking of land or property therefor, or any injury to the
same, and any sums paid for lands or rights purchased, and
all other expenses incurred in carrying out the provisions
of section one, shall be deemed to be the cost of the work
therein authorized. Work shall be undertaken hereunder
only at such time as federal funds are available to meet the
cost of laying out and constructing said proposed highway,
exclusive of other expenses included in the cost of such
work, except that the department may in its discretion lay
out and construct any sections thereof for which money may
be available from state appropriations.

Approved August 6, 1935.

C/iap. 469

612 Acts, 1935. — Chap. 470.

Chap. 4:70 An Act relative to the municipal finance commission

FOR THE TOWN OF MILLVILLE AND PROVIDING FURTHER
FOR THE FINANCIAL RELIEF OF SAID TOWN.

Be it enacted, etc., as follows:

Section 1. There is hereby estabHshed a commission,
to be known as the Millville Municipal Finance Commis-
sion, hereinafter called the commission, to consist of three
members, designated bj^ the governor, with the advice and
consent of the council, each of whom shall, at the time of
designation, be regularly employed in the service of the
commonwealth, and such members shall serve for a period
terminating on April twentieth, nineteen hundred and
forty. The governor, with like advice and consent, shall,
from time to time, designate one of the members as chair-
man, may remove any member and shall fill any vacancy
in the commission for the unexpired term. The action of
any two of the members shall constitute the action of the
commission; and whenever any action by the commission
is required to be in writing, such writing shall be sufficient
when signed by any two of the members. Such members
shall receive no additional compensation for acting here-
under, but shall be paid by the town their necessary travel-
ing and other expenses incurred in the performance of their
duties hereunder. The commission may at such time or
times as it may deem advisable make a report or reports
to the general court.

Section 2. Until April twentieth, nineteen hundred
and forty, the town of Millville shall have the capacity to
act through and to be bound by the commission and not
otherwise, except as hereinafter provided, and the com-
mission shall have and exercise exclusively, so far as will
conform to the provisions of this act, all rights, powers and
duties now or hereafter conferred or imposed upon the
inhabitants of said town and its officers, and the commission
shall determine the amount that may be expended for
any purpose whatsoever and no liability shall be incurred
in excess of the amount so determined, notwithstanding the
common law or any provision of statutory law to the con-
trary. The commission may exercise and perform such
rights, powers and duties through such agent or agents as
it may designate. The commission, on behalf of the town,
may issue bonds or notes of the town, but only with the
approval of the governor and council. Upon tender to
the state treasurer of any notes issued by the town under
this section or issued by it in anticipation of revenue, they
shall forthwith be purchased by the commonwealth at the
face value thereof. Such notes, if issued for purposes of
sale to the commonwealth, shall bear such rates of interest
as in the judgment of the state treasurer and the com-
mission will cover the entire cost to the commonwealth
incurred on account of loans to the town hereunder, includ-

Acts, 1935. — Chap. 470. 613

ing interest on money borrowed by the commonwealth
under section six of this act and all expenses in connection
with the issue of its notes thereunder. The commission
shall have the power of appointment of all agents here-
under and shall fix their compensation and assign to them
such of the powers and duties of the commission as it shall
specify; may purchase supplies; and may employ persons
to do work for the town.

Section 3. In the distribution of the proceeds of in-
come taxes under the provisions of section eighteen of
chapter fifty-eight of the General Laws in each of the years
nineteen hundred and thirty-six to nineteen hundred and
forty, inclusive, there shall, be distributed to said town, in
addition to its normal share, the sum of eight thousand
dollars.

Section 4. The said town of Millville shall not, in
said years nineteen hundred and thirty-six to nineteen
hundred and forty, inclusive, be subject to assessment
under section eighty-five of chapter one hundred and eleven
of the General Laws for the maintenance of the Worcester
county tuberculosis hospital, nor shall it be entitled to
have its residents who are suffering from tuberculosis
cared for and treated at said hospital during said years.
The commission and the department of public health are
hereby authorized to make a contract or contracts for the
care and treatment during said years of residents of said
town who are suffering from tuberculosis.

Section 5. In each of said years nineteen hundred and
thirty-six to nineteen hundred and forty, inclusive, the
commission shall assess all property within said town,
as far as may be, at its fair cash value at a rate twenty per
cent in excess of the average rate of tax of all cities and
towns of the commonwealth for the preceding year, and'
any amount necessary to meet expenditures over and above
the amount to be raised from taxes and estimated to be
received from other sources shall be advanced tempo-
rarily by the commonwealth upon receipt of notes of the
town payable in not more than four years from their dates.

Section 6. The state treasurer, with the approval of
the governor and council, may borrow from time to time,
on the credit of the commonwealth, such sums as may be
necessary to provide funds for loans to the town of Mill-
ville as provided in this act, but not exceeding, in the aggre-
gate, one hundred and fifty thousand dollars, and may issue
and renew notes of the commonwealth therefor, bearing
interest payable at such times and at such rate as shall be
fixed by the state treasurer, with the approval of the gov-
ernor and council. Such notes shall be issued for such
maximum term of years as the governor may recommend
to the general court in accordance with section three of
Article LXII of the amendments to the constitution of the
commonwealth, but such notes, whether original or re-
newal, shall be payable not later than November thirtieth.

614 Acts, 1935. — Chap. 470.

nineteen hundred and forty-one. All notes issued under
this section shall be signed by the state treasurer, approved
by the governor and countersigned by the comptroller.

Section 7. In the month of March in the year nineteen
hundred and forty, the commission shall call a town meet-
ing for the purpose of filUng all offices theretofore provided
to be filled by vote of the inhabitants, and the persons
elected at such meeting shall, on April twentieth of said
year, or as soon thereafter as they qualify for their offices,
take over the affairs of said town of Millville.

Section 8. If, on April twentieth, nineteen hundred
and forty, the principal and interest on all notes issued by
said town hereunder and purchased by the commonwealth
have not been paid in full, the state treasurer shall have
authority not later than the issue of his warrant for the
town's share of the state tax, to issue his warrant requiring
its assessors to include in its next annual tax levy the
amount necessary to pay in full the portion thereof re-
maining due or to include in that and any succeeding levy
the amount necessary to pay any instalment thereof as
determined and certified to him by the commission as here-
inafter provided. If, in the opinion of the commission, the
financial affairs of said town warrant, the commission may
direct the assessment of the amount remaining due, in such
number of annual instalments, not exceeding three, as may
seem advisable; provided, that the amount of any instal-
ment payable in any year shall not be less than the amount
of any instalment payable in any subsequent year. Prior
to April twentieth, nineteen hundred and forty, the com-
mission shall determine and certify to the state treasurer
the amount of each instalment, if any, required to be
assessed upon the said town in the several years. The
amount included under authority hereof in the state
treasurer's warrant to the assessors of the said town shall
be collected and paid to him in the same manner and sub-
ject to the same penalties as state taxes, and if such amount
is not duly paid as aforesaid by the said town, the state
treasurer shall have authority to withhold, from any sum
due from the commonwealth to it and not previously
pledged, the amount necessary to pay in full the amount
remaining due to the commonwealth on April twentieth,
nineteen hundred and forty.

Section 9. This act shall become effective on April
twenty-first, nineteen hundred and thirty-six.

Approved August 7, 1935,

Acts, 1935. — Chaps. 471, 472.

615

An Act relative to the licensing, holding or con- Qfidj) 471

DUCTING OF DOG AND HORSE RACING MEETINGS.

Be it enacted, etc., as follows:

Section 1. Section three of chapter one hundred and
twenty-eight A of the General Laws, as most recently
amended by sections two, three and four of chapter four
hundred and fifty-four of the acts of the current year, is
hereby further amended by adding after clause {m) the
following new clause : —

(n) No licenses shall be issued to permit dog racing
meetings to be held or conducted in any location where
the surrounding property is substantially of a residential
character, as determined by or defined by a zoning ordi-
nance or by-law, if any, controlling such location.

Section 2. Notwithstanding the provisions of section
thirteen A of chapter one hundred and twenty-eight A
of the General Laws, inserted therein by section eight of
chapter four hundred and fifty-four of the acts of the cur-
rent year, no approval, under section thirty-three of chapter
two hundred and seventy-one of the General Laws, of the
mayor and aldermen of a city or of the selectmen of a town
shall be required to lay out, construct, use or operate a race
ground, a license to hold a horse or dog racing meeting at
which has been issued on or before July first, nineteen
hundred and thirty-five, by the state racing commission.

Approved August 9, 1935.

G. L. (Ter.
Ed.). 128A,
§ 3, etc.,
amended.

Dog racing
meetings,
locations for,
restriction of.

Temporary
provisions.

An Act providing for intervention without formal Qfidr) 472
pleadings in petitions relating to the application ^'

of security for payment of labor on public works.

Be it enacted, etc., as follows:

Section 1. Chapter thirty of the General Laws is
hereby amended by striking out section thirty-nine, as
most recently amended by section one of chapter two hun-
dred and seventeen of the acts of the current year, and
inserting in place thereof the following: — Section 39.
Officers or agents contracting in behalf of the common-
wealth for the construction or repair of public buildings or
other public works shall obtain sufficient security, by bond
or otherwise, for payment by the contractor and sub-con-
tractors for labor performed or furnished and for materials
used or employed in such construction or repair, including
lumber so employed which is not incorporated in the con-
struction or repair work and is not wholly or necessarily
consumed or made so worthless as to lose its identity but
only to the extent of its purchase price less its fair salvage
value, and for the rental or hire of vehicles, steam shovels,
rollers propelled by steam or other power, concrete mixers,
tools and other appliances and equipment employed in such

G. L. (Ter.
Ed.), 30, §39,
etc., amended.

Construction
and repair of
public build-
ings, etc.
Security for
payment for
labor and
materials.

616

Acts, 1935. — Chap. 472.

G. L. (Ter.
Ed.). 149,
§ 29, etc.,
amended.

Security for
payment of
labor on
public workB.

construction or repair; but in order to obtain the benefit of
such security, the claimant shall file with such officers or
agents a sworn statement of his claim, within sixty days
after the claimant ceases to perform labor or furnish labor,
materials, appliances and equipment as aforesaid, and shall,
within one year after the filing of such claim, file a petition
in the superior court for the proper county to enforce his
claim or intervene in a petition already filed; and the
provisions of chapter two hundred and fifty-eight shall
apply to such petitions; provided, that, notwithstanding
the foregoing, in case a petition has been duly filed here-
under, any other person who has duly filed a claim solely
for labor performed or furnished on or in connection with
a certain public work may obtain his rights in the follow-
ing manner: — The court, before making final disposition
of such petition, shall examine all claims which may arise
under this section and which have been duly filed in ac-
cordance herewith, and determine the respective amounts
due such claimants and their rights to participate in the
security and apply the security to the claimants held entitled
thereto; and the court shall have power to compel the at-
tendance of any official, with whom such claims might be on
file, with such claims. The court may require such officials
to furnish for the use of the court copies of any such claims
as may be on file. Any claimant whose claim has been
duly filed shall have the right to appear at hearings on any
petition without formally intervening by any pleadings,
and may object, except or appeal from any rufing or deci-
sion adversely affecting his claim to the same extent and
in the same manner as though he had intervened by formal
pleadings.

Any person employing persons on any public works
hereinbefore referred to shall post conspicuously, at such
place or places as will provide reasonable opportunity for all
employees to read the same, a correct copy of this section.
The department of labor and industries shall enforce this
paragraph.

Section 2. Chapter one hundred and forty-nine of the
General Laws is hereby amended by striking out section
twenty-nine, as most recently amended by section two of
said chapter two hundred and seventeen, and inserting in
place thereof the following: — Section 29. Officers or
agents who contract in behalf of any county, city or town
for the construction or repair of public buildings or other
public works shall obtain sufficient security, by bond or
otherwise, for payment by the contractor and sub-con-
tractors for labor performed or furnished and materials used
or employed in such construction or repair, including lum-
ber so employed which is not incorporated in the construc-
tion or repair work and is not wholly or necessarily con-
sumed or made so worthless as to lose its identity but only
to the extent of its purchase price less its fair salvage value ;
but to obtain the benefit of such security the claimant shall

Acts, 1935. — Chap. 473. 617

file in the office of the county treasurer or of the city or
town clerk a sworn statement of his claim within sixty days
after the claimant ceases to perform labor or furnish labor
or materials, and shall, within one year after the filing of
such claim, file a petition in the superior court for the proper
county to enforce his claim or intervene in a petition
already filed; provided, that, notwithstanding the fore-
going, in case a petition has been duly filed hereunder,
any other person who has duly filed a claim solely for labor
performed or furnished on or in connection with a certain
public work may obtain his rights in the following manner:
— The court, before making final disposition of such peti-
tion, shall examine all claims which may arise under this
section and which have been duly filed in accordance here-
with, and determine the respective amounts due such
claimants and their rights to participate in the security and
apply the security to the claimants held entitled thereto;
and the court shall have power to compel the attendance of
any official, with whom such claims might be on file, with
such claims. The court may require such officials to fur-
nish for the use of the court copies of any such claims as
may be on file. Any claimant whose claim has been duly
filed shall have the right to appear at hearings on any peti-
tion without formally intervening by any pleadings, and
may object, except or appeal from any ruling or decision
adversely affecting his claim to the same extent and in the
same manner as though he had intervened by formal
pleadings.

Any person employing persons on any public works here-
inbefore referred to shall post conspicuously, at such place
or places as will provide reasonable opportunity for all
employees to read the same, a correct copy of this section.
The department shall enforce this paragraph.

Approved August 9, 1935.

Chap An

An Act relative to the assessment and payment of
taxes of certain corporations and of interest

THEREON.

Be it enacted, etc., as follows:

Section 1. Chapter sixty-three of the General Laws g. l. (Ter.
is hereby amended by striking out section forty-eight, as amended. '
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 4-8. The commis- Notice of
sioner shall notify corporations of taxes assessed under ^.'^•
sections thirty to fifty-one, inclusive, but failure to receive pa™me°nt.
such notice shall not affect the validity of the tax. Except
as otherwise provided by section seventy-six, so much of the
tax as is measured by income, or in the event a minimum tax
is applicable so much of the tax as is equivalent to what
would otherwise have been the portion of the tax measured
by income, shall be due and payable in advance of assess-
ment at the time when the tax return is required to be

618

Acts, 1935. — Chap. 473.

G. L. (Ter.
Ed.), 63, §36,
etc., amended.

Correction
of return.

filed, and the remainder of the tax on October twentieth
following. So much of each portion of said tax as is not
paid at its due date shall bear interest from said date at the
rate of one half of one per cent per month, or major frac-
tion thereof, until it is paid, if paid prior to assessment,
otherwise until the tax as assessed is required to be paid.
Taxes assessed under sections thirty-six, forty-four, forty-
five and forty-six shall include interest as provided in this
section to the date when the tax so assessed or any unpaid
balance thereof is required to be paid, which except as
otherwise provided in section forty-five shall be the thirtieth
day following the date of the notice of the assessment, if
such notice issues after September twentieth of the year in
which the tax return is required to be filed, or on October
twentieth next following the date of issue if such notice
issues on or before said September twentieth. Interest
so assessed shall become a part of the tax.

Section 2. Section thirty-six of said chapter sixty-
three, as amended by section five of chapter three hundred
and twenty-seven of the acts of nineteen hundred and
thirty-three, is hereby further amended by striking out,
in the fifteenth and sixteenth lines, the words "of six per
cent per annum from October twentieth" and inserting in
place thereof the words : — prescribed in section forty-eight
from April tenth, — so as to read as follows: — Section 36.
Any final determination of the federal net income made
pursuant to the provisions of federal law under which such
net income is found to differ from the net income originally
reported to the federal government shall be reported by the
corporation to the commissioner within seventy days of
receipt by it of notice of such final determination, with a
statement of the reasons for the difference, in such detail
as the commissioner may require. If from such report or
upon investigation it shall appear that the tax with respect
to income imposed by this chapter has not been fully as-
sessed, the commissioner shall within six months of the
receipt of such report or within six months of discovery of
such a determination, if unreported, assess the deficiency,
with interest at the rate prescribed in section forty-eight
from April tenth of the year in which the original return
of income of the corporation was due to be filed, and the
tax so assessed shall be payable thirty days from the date
of notice to the corporation of such assessment. If, upon
investigation of the facts so reported, it appears that a less
tax with respect to income was due the commonwealth
than was paid, the commissioner shall abate the excess upon
written application therefor by the corporation, filed with
the commissioner within sixty days of the filing of said
report with him. The commissioner shall certify the
amount of such abatement to the state treasurer, who shall
repay the amount so certified with interest at the rate of six
per cent per annum from the date of overpayment, without
further appropriation therefor.

Acts, 1935. — Chap. 473. 619

Section 3. Section thirty-eight B of said chapter g. l. (Ter.
sixty-three, as appearing in the Tercentenary Edition, and § ssb, '
as affected by chapter tlaree hundred and seventeen of the amended,
acts of nineteen hundred and thirty- four, is hereby amended
by adding at the end thereof the words: — ; provided,
that said excise shall be due and payable one half at the
time when the tax return is required to be filed and the
remainder October twentieth following, — so that the last
paragraph will read as follows: —

Such a corporation shall annually on or before April Returns, etc..
tenth, file a return in such form as the commissioner shall seiUng^sec^t^
prescribe giving such information as he shall require for *^«8-
determination of the excise under this section. The com-
missioner shall assess and collect said excise, and all provi-
sions of this chapter relative to the assessment, collection,
payment, abatement, verification and administration of the
excise imposed by said section thirty-two, including penal-
ties, shall, so far as pertinent, be applicable to the excise
determined under this section; provided, that said excise
shall be due and payable one half at the time when the tax
return is required to be filed and the remainder October
twentieth following.

Section 4. Section forty-four of said chapter sixty- g. l. (Xer.
three, as appearing in the Tercentenary Edition, is hereby ^mende^d.^ *^'
amended by inserting after the word "chapter" the first
time it appears in the eighth line the following: — He shall
include in such assessment interest upon any portion of the
excise overdue at the time of assessment which shall there-
upon become a part of the tax and bear interest as provided
in section seventy, — so as to read as follows : — Section ^^\^^^^^^
44- The commissioner shall determine, from the returns
required by this chapter and from any other available in-
formation, the net income derived from business carried
on within the commonwealth and the corporate excess of
every domestic business corporation, and the net income
derived from business carried on within the commonwealth
of, and the corporate excess employed within the common-
wealth by, every foreign corporation, and shall assess
thereon the tax provided for in this chapter. He shall in-
clude in such assessment interest upon any portion of the
excise overdue at the time of assessment which shall there-
upon become a part of the tax and bear interest as provided
in section seventy. Except as otherwise provided in this
chapter, the part of said tax which is based upon the value
of the corporate excess, or corporate excess employed within
the commonwealth, shall be assessed and collected in the
same manner and with the same powers as provided in this
chapter for the taxation of corporate franchises, and shall
be subject to the other administrative provisions thereof.
He shall not determine the income of any such corporation,
which has filed a return within the time prescribed by law,
to be in excess of the income shown by such return, without
notifying the corporation and giving it an opportunity to

620

Acts, 1935. — Chap. 473.

G. L. (Ter.
Ed.). 63, § 45,
etc., amended.

Assessment of
additional tax.

G. L. (Ter.
Ed.), 63 5 70,
amended.

Interest on
unpaid taxes.

Effective date.

explain the apparent incorrectness of the return. For the
purpose of verifying any such return, the commissioner
may, within two years after September first of the year in
which such return was due, examine personally or by deputy
or agent the books and papers of the corporation, which
shall be open to such officer for verification.

Section 5. Said chapter sixty-three is further amended
by striking out section forty-five, as amended by section
one of chapter one hundred and ninety-five of the acts of
nineteen hundred and thirty-three, and inserting in place
thereof the following : — Section If.5. If the commissioner
discovers 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 as provided in section forty-eight to the
date when the additional tax so assessed is required to be
paid hereunder, first giving notice to the corporation to be
assessed of his intention; and a representative of the
corporation shall thereupon have an opportunity, within
ten days after such notification, to confer with the com-
missioner as to the proposed assessment. After the expira-
tion of ten days from the notification the commissioner shall
assess the amount of the tax remaining due the common-
wealth with interest as aforesaid, and shall give notice to
the corporation so assessed. Any tax so assessed shall be
required to be paid to the commissioner fourteen days after
the date of the notice.

Section 6. Said chapter sixty-three is hereby further
amended by striking out section seventy, as appearing in
the Tercentenary Edition, and inserting in place thereof
the following : — Section 70. Taxes assessed corporations
under sections thirty to fifty-one, inclusive, remaining
unpaid after the date upon which the same are required to
be paid shall bear interest at the rate of six per cent per
annum until paid, if paid before the commencement of
proceedings for the recovery thereof, and twelve per cent
if paid after the commencement thereof. Other corpora-
tions which neglect to pay taxes assessed by the commis-
sioner under this chapter shall pay interest at the rate of six
per cent per annum from the time when such taxes were
payable until paid, if such payments are made before the
commencement of proceedings for recovery thereof, and
twelve per cent if made after the commencement thereof.

Section 7. This act shall take effect January first, nine-
teen hundred and thirty-six. Approved August 9, 1935.

Acts, 1935. — Chap. 474. 621

An Act to provide additional court house accommoda- Chap. 47 4:

TIONS AND facilities FOR THE COURTS AND OTHER
OFFICIALS IN THE COUNTY OF SUFFOLK BY THE USE OF
FEDERAL, STATE AND CITY OF BOSTON FUNDS.

Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose to provide immediate reHef against p''®^™''^®-
court house congestion in Suffolk county, which is seriously-
impeding the administration of justice, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public safety and con-
venience.

Be it enacted, etc., as follows:

Section 1. For the purpose of providing additional
court house accommodations and facilities for the courts and
other officials in the county of Suffolk, including furnish-
ings and equipment, there is hereby established a com-
mission, hereinafter referred to as the commission, to con-
sist of three citizens of the commonwealth, who shall be
appointed within two months after the effective date of
this act in the manner following: — one by the governor,
one by the mayor of the city of Boston, hereinafter referred
to as the mayor, and one by the chief justice of the su-
preme judicial court, the chief justice of the superior court
and the chief justice of the municipal court of the city of
Boston, or a majority of them. The commission shall
choose its own chairman. The commissioners shall receive
such compensation as may be determined by the governor
and the mayor, and shall serve for a period of five years
from said date. Any vacancy in the office of any com-
missioner shall be filled in the same manner as the original
appointment.

Section 2. The commission is hereby authorized and
directed to determine upon the location of such additional
accommodations and facilities, and whether they shall
consist of alterations in or additions or extensions to the
present court house building or additional court house
units, or any or all thereof; and to determine the type and
general style of building or buildings to be utilized, so far
as consistent with the laws and regulations relative to the
height of buildings applicable to the location, and what
streets and ways, if any, shall be closed, altered or extended
in order to consolidate locations and to permit of an advan-
tageous lay-out and adequate access thereto. Forthwith
upon the determination of said questions and in accordance
with such determination, the commission shall proceed to
acquire by purchase, or to take by eminent domain under
chapter sevent^'^-nine of the General Laws, such land and
interests therein, including buildings, as may be necessary
to construct such additions, extensions or units, or to
relocate or extend public ways; provided, that in case of
any taking under said chapter seventy-nine the commis-

622 Acts, 1935. — Chap. 474.

sion at the time of taking need make no award of damages
sustained by the person whose property is taken, and shall
proceed to cause to be closed, altered or extended such
streets and ways as may have been determined to be neces-
sary, and to cause to be prepared, subject to the approval
of the governor and the mayor, and in compliance with
said laws and regulations, plans and specifications for the
construction of such alterations, extensions, additions and
units, or any of them, together with such remodehng and
alterations of the present court house building, as shall have
been determined to be necessary as aforesaid, in order
properly to house the superior, municipal and juvenile
courts and clerks' offices, the probate court, the registry of
probate, the registry of deeds, the offices of the district
attorney and the sheriff of said county, the social law
library, the supreme judicial court, the land court, the
reporter of decisions, the board of probation and the board
of bar examiners, and adequately to accommodate all other
services and facilities incidental thereto and needful for the
prompt and effective administration of justice and the
despatch of public business. The commission shall be
provided with suitable quarters and may employ a secre-
tary, architects, engineers, attorneys and other necessary
assistance. The expense incurred under authority of the
preceding sentence shall be deemed to be a part of the work
authorized by this act. The services of such architects
and engineers as may be employed by the commission shall
be on the basis of salary or fee plus actual cost of draught-
ing and incidentals, and not of commission.

Section 3. Upon completion of the necessary land
takings or purchases the commission, with the approval of
the governor and the mayor, may proceed by contract, in
the manner hereinafter provided, with the wrecking and
removal of the old buildings on the land so taken or pur-
chased. When the plans and specifications have been
approved by the governor and the mayor as aforesaid, and
if it appears to their satisfaction that after making reason-
able allowances for unsettled land damages, furnishings
and equipment, and contingencies, the total expense of
carrying out the provisions of this act will not exceed the
unexpended balance of the amount herein authorized to
be expended, the commission is hereby authorized, on
behalf of the commonwealth arid the city of Boston, to
proceed with the making of contracts for the construction
of the alterations, extensions, and additions and units, or
any of them, authorized as herein provided, and the fur-
nishing and equipment thereof. The liabiUty of the com-
monwealth and of said city under any such contract, or
otherwise, shall be limited to the proportions in which the
commonwealth and the city respectively, contribute to the
cost of the work, as herein provided. The commission may
dispose of such furnishings and equipment in the existing
court house building as may be replaced hereunder, and

Acts, 1935. — Chap. 474. 623

the proceeds shall be available for expenditure for the pur-
poses of this act. All work shall be done under written
contract, and no such contract shall be deemed to have
been made or executed until the written approval of the
governor and the mayor has been affixed thereto. All
such contracts shall be awarded by the commission on the
basis of competitive bidding, and only after proposals for
the same have been invited by advertisements in the Boston
City Record once a week for at least two consecutive
weeks, the last publication to be at least one week before
the time specified for the opening of said proposals. Said
advertisements shall state the time and place where plans
and specifications of the proposed work may be had and
the time and place for opening the proposals in answer to
said advertisements, and shall reserve to the commission
the right to reject any or all of such proposals. All such
proposals shall be opened in public. Any contract made
as aforesaid may be required to be accompanied by a
bond with sureties satisfactory to the commission, or by a
deposit of money, certified check or other security for the
faithful performance thereof, and such bonds or other se-
curities shall be deposited with the city treasurer until the
contract has been carried out in all respects. Alterations
in any such contract or in the plans and specifications to
which it relates shall require the written approval of the
governor or some person designated by him for the purpose
and of the mayor or some person designated by him as afore-
said, A member of the commission may be so designated.
Section 4. For the purpose of completely carrying out
the provisions of this act, including payment of salaries
and expenses of its members, the commission may expend,
in addition to any sums received under any other provision
of this act, a sum not exceeding five million dollars, includ-
ing such sums as may be allocated by the federal govern-
ment. Of the balance of the total cost after deducting
such sum as may so be allocated, thirty per cent shall be
paid by the commonwealth and seventy per cent by the
city of Boston. To meet the commonwealth's share of
such expenditures, the state treasurer shall from time to
time, on the request of the commission and with the ap-
proval of the governor and council, place at the disposal of
the commission such funds as it may require within the
said limit, either from such appropriation or appropria-
tions as may be made or by the issue and sale, at public
or private sale, of notes of the commonwealth, to an amount
not exceeding such sums as may be necessary to meet
such share which shall be designated "Court House Loan,
Act of 1935". Such notes shall be for such term of years
as may be recommended by the governor in accordance
with section three of Article LXII of the amendments to
the constitution, and shall bear interest, payable semi-
annually, at such rate as shall be fixed by the state treas-
urer, with the approval of the governor and council.

624

Acts, 1935. — Chap. 475.

Section 5. The city of Boston shall from time to time,
at the request of the commission, place at the disposal of
the commission such funds as may be needed to meet the
city's share of the expenditures authorized by this act, and
for this purpose the treasurer of said city, without further
authority, shall borrow from time to time such sums as may
be necessary, not exceeding, in the aggregate, such sums
as may be necessary to meet such share, and may issue
bonds or notes therefor, which shall bear on their face the
words. City of Boston, Court House Loan, Act of 1935.
Each authorized issue shall constitute a separate Joan, and
such loans shall be payable in not more than twenty years
from their dates. Such indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as herein otherwise provided, be subject to all laws relative
to the incurring of debt by said city.

Section 6. From the time when the enlargement and "
improvement herein provided for shall be substantially -
completed and actual use of the same shall begin the com- -
monwealth shall contribute annually, at such times and ■-
in such amounts as the state treasurer shall from time to
time find convenient, with the approval of the council,
thirty per cent of the annual costs and charges of main-
tenance and operation of the Suffolk county court house
taken as a whole, and the remaining seventy per cent shall
be paid by the city of Boston.

Section 7. This act shall not take effect unless and
until funds have been allotted by the federal government
sufficient to cover such proportion of the cost of providing
additional court house accommodations and faciHties as
aforesaid and carrying out the provisions of this act, as
may be approved by the governor of the commonwealth
and the mayor of the city of Boston, and then only upon
acceptance by the city council of said city, subject to the
provisions of its charter. Approved August 9, 1935.

Chap, 4:7 5 An Act providing for more economical and orderly
development of the commonwealth through the
creation of a state planning board.

Emergency
preamble.

G. L. (Ter.
•Ed.), 6, § 17,
etc., amended

\y^

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 seventy-four of the acts of nine-
teen hundred and thirty-four, is hereby further amended
by inserting after the word "commission" in the seventh
line the following: — , the state planning board, — so as
state planning to Fcad as follows: — Sectiou 17. The armory commis-

Acts, 1935. — Chap. 475. 625

sioners, the art commission, the commission on administra- board
tion and finance, the commissioner of state aid and pensions, ^^** ^ ^ '
the commissioners on uniform state laws, the pubHc bequest
commission, the state ballot law commission, the board of
trustees of the Soldiers' Home in Massachusetts, the milk
regulation board, the alcoholic beverages control com-
mission, the state planning board, the trustees of the state
library, the state racing commission and the Greylock
reservation commission shall serve under the governor and
council, and shall be subject to such supervision as the
governor and council deem necessary or proper.

Section 2. Said chapter six is hereby further amended g. l. (Xer.
by adding after section forty-eight, inserted therein by Actions 49^0
section two of said chapter three hundred and seventy-four, 52, added.
under the heading state planning board, the following
four new sections : — Section 49. There shall be a state Members, term,
planning board of nine members, in this and the two fol- appointment,
lowing sections called the board, consisting of the com-
missioner of public works, or a representative designated
by him from the personnel of his department, the commis-
sioner of public health, or a representative designated by
him from the personnel of his department, the commis-
sioner of conservation, or a representative designated by
him from the personnel of his department, and six members
appointed by the governor, with the advice and consent of
the council, who shall be designated in their initial appoint-
ments to serve respectively for one, two, three, four, five
and six years, and one of whom shall be designated by the
governor as chairman. Any designation of his representa-
tive by a commissioner as aforesaid shall be made by a
writing filed in his office, and shall be effective for such
period as he may prescribe therein, and may at any time be
revoked by him. The members and employees of the board
shall receive their traveling and other necessary expenses
incurred in the performance of their duties. Upon the
expiration of the term of office of an appointive member, his
successor shall be appointed in the manner aforesaid to
serve for six years. The board may employ an executive
secretary and a chief engineer and may appoint such as-
sistants and temporary technical advisers as the work of the
board may require. Such temporary technical advisers
shall not be subject to chapter thirty-one and may be re-
moved by the board at any time.

Section 50. It shall be the^function and duty of the
board —

(a) To prepare and from time to time revise and perfect Duties of
a master plan for the physical development of the common- ^ ^
wealth. Such master plan, with the accompanying maps, Master plan,
plats, charts and descriptive matter, shall show the board's
recommendations for the development of the common-
wealth, and may include, among other things, the general
location, character and extent of highways, bridges, water-
ways, waterfront developmeats, flood prevention works,

626 Acts, 1935. — Chap. 475.

parks, reservations, forests, wild-life refuges, aviation fields,
drainage and sanitary systems, works for the prevention of
stream pollution, railroad, railway and motor vehicle
routes, power transmission facilities, public buildings, and
other public ways, public grounds, pubhc spaces, utilities,
facilities, structures, buildings and works which, by reason
of their function, size, extent, location, legal status or other
reason, are of state-wide as distinguished from mere local
concern, or the location, construction or authorization of
which fall, according to law, within the province or juris-
diction of state departments, boards, commissions or
officers, or which for any other reasons are appropriate
subjects of or fall appropriately within the scope of a state,
as distinguished from a local, program or plan ; the general
location and extent of forests, agriculture areas and open
development areas for purposes of conservation, food and
water supply, sanitary and drainage facilities or the pro-
tection of urban and rural development and a land utiliza-
tion program, including the general classification and
allocation of the land within the commonwealth among agri-
cultural, forestry, recreational, soil conservation, water
conservation, industrial, urbanization and other uses and
purposes.

(6) To plan and assist in planning all projects, public or
private, as to which federal appropriations, grants or loans
may pay a part or all of the cost.

Said master plan shall be made with the general purpose
of guiding and accomplishing a co-ordinated, adjusted,
efficient and economic development of the commonwealth,
which will, in accordance with present and future needs
and resources, best promote the health, safety, morals,
order, convenience, prosperity and welfare of the people of
the commonwealth as well as efficiency and economy in
the process of development, including among other things,
such distribution of population and of the uses of the land
within the commonwealth for urbanization, trade, industry,
habitation, recreation, agriculture, forestry and other uses
as will tend to create conditions favorable to health, safety,
prosperity and transportation, and to create civic, recrea-
tional, educational and cultural opportunities, tend to
reduce the wastes of physical, financial or human resources
which result from either excessive congestion or excessive
scattering of population, and tend toward an efficient and
economic conservation, production and distribution of food
and water, and of sanitary and other facilities.

The board may adopt the said master plan as a whole or,
as the work of making the plan progresses, may from time
to time adopt a part or parts thereof, any such part or parts
to cover one or more of the functional subject-matter which
may be included in such a plan. The board may from time
to time amend, extend or add to the plan or carry any part
thereof into greater detail. The adoption of the plan or any
part, amendment, extension or addition thereof or thereto

Acts, 1935. — Chap. 475.

627

shall be by vote of the board adopted by the affirmative
votes of not less than a majority of its membership at any
meeting of the board at which the chairman is present.
The vote shall refer expressly to the maps, charts and de-
scriptive matter intended by the board to form the whole or
part of the plan, and the action taken shall be recorded on
the plan, maps and descriptive matter by a notation bear-
ing the identifying signature of the chairman of the board.

Section 51. The board shall annually submit to the
budget commissioner the estimates required by sections
three and four of chapter twenty-nine and shall prepare
and file an annual report as required by sections thirty-two
and thirty-three of chapter thirty. The board shall further
from time to time make such reports and recommendations
as in its judgment are desirable. It may sell maps pre-
pared by it in connection with its work at such prices and
on such conditions as it may determine. It may confer
and co-operate with the executive, legislative, planning,
housing or zoning authorities of neighboring states and of
the counties and municipalities of such states, for the
purpose of bringing about a co-ordination between the
development of such neighboring states, counties or munici-
palities and the development of the commonwealth. It
shall advise and co-operate with national, regional and
county, municipal and other local planning, housing and
zoning agencies within the commonwealth for the purpose of
promoting co-ordination between the state and local plans
and development. It shall, upon the request of any appro-
priate national, regional or county, municipal, or other local
board or official, transmit information possessed by it which
bears upon such co-ordination. It may prepare and submit
to the governor or general court drafts of legislation for the
carrying out of the master plan or of any part thereof, in-
cluding zoning or land-use regulations, the making of official
maps and the preservation of the integrity thereof, and regu-
lations for the conservation of the natural resources of the
commonwealth. It shall plan and assist in planning better
housing, national, regional and municipal planning and
zoning and the better distribution of population and in-
dustry.

Section 52, The several officers, boards, commissions,
departments and divisions of the commonwealth, and city
and town officials, may consult with the board and shall
furnish or make available to it on request all data and infor-
mation within their knowledge or control.

Section 3. Chapter one hundred and twenty-one of
the General Laws is hereby amended by striking out sec-
tion twenty-three, as most recently amended by section
two of chapter four hundred and forty-nine of the acts of
the current year, and inserting in place thereof the follow-
ing : — Section 23. The state board of housing, in this and
the eleven following sections called the housing board, shall
investigate defective housing, the evils resulting therefrom

Annual esti-
mates, etc., to
be submitted
to budget
commissioner.

Information
to be furnished
board.

G. L. (Ter.
Ed.), 121,
§ 23, etc.,
amended.

Duties of .
board relative
to homesteads.

628

Acts, 1935. — Chaps. 476, 477.

G. L. (Ter.
Ed.), 121,
§ 26, etc..
amended.

Suggestions
to planning
boards, etc.

and the work being done in the commonwealth and else-
where to remedy them, study the operation of building
laws and laws relating to buildings used for human habita-
tion, and promote the formation of organizations intended
to increase the number of wholesome homes for the people,
and of organizations intended to redevelop slum or decadent
areas that have become social or economic liabilities to the
community, and shall supervise and control, as herein-
after provided, the operations of corporations formed under
authority of section twenty-six E.

Section 4. Chapter one hundred and twenty-one of
the General Laws is hereby further amended by striking
out section twenty-six, as amended by section five of
chapter three hundred and sixty-four of the acts of nineteen
hundred and thirty-three, and inserting in place thereof the
following: — Section 26. The housing board shall furnish
information and suggestions from time to time to city
governments, selectmen and planning boards, which may
tend to promote the purposes of section twenty-three, and
shall call the attention of mayors, city councils and boards
of selectmen to the provisions of sections seventy to eighty-
one L, inclusive, of chapter forty-one in so far as said sec-
tions relate to housing. Approved August 9, 1936.

Chap. 4:76 An Act transferring a portion of the proceeds of the

GASOLINE TAX FROM THE HIGHWAY FUND TO THE GEN-
ERAL FUND.

Emergency
preamble.

Be it enacted, etc., as follows:

The state treasurer is hereby authorized and directed to
transfer the sum of nine million five hundred thousand
dollars from the Highway Fund to the General Fund.

Approved August 9, 1935.

Chap. 4:77 An Act relative to the inspection by the registry of

MOTOR VEHICLES OF MOTOR VEHICLES USED FOR THE
TRANSPORTATION OF PROPERTY, AND AUTHORIZING THE
EMPLOYMENT OF NOT EXCEEDING TWENTY-FIVE INVESTI-
GATORS AND EXAMINERS IN THE COMMERCIAL MOTOR
VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC
UTILITIES.

Be it enacted, etc., as follows:

Section 1. Section twenty-nine of chapter ninety of
the General Laws, as most recently amended by section
two of chapter twenty-six of the acts of nineteen hundred
and thirty-two, is hereby further amended by inserting

G. L. (Ter.
Ed.), 90, 5 29,
etc., amended.

Acts, 1935. — Chap. 477. 629

after the word "chapter" in the sixth Hne the following: —
He may establish a section for the inspection of motor
vehicles used for the transportation of property with
reference to all police requirements, including equipment
and weight of loads, — so as to read as follows: — Section investigations
29. The registrar shall appoint competent persons to act acddenTs."^
as investigators and examiners, may remove them for
cause, and may define their duties. He may also appoint,
and for cause remove, a deputy registrar and an assistant
to the registrar, and may delegate to such deputy and
assistant the performance of any duty imposed upon the
registrar by any provision of this chapter. He may es-
tablish a section for the inspection of motor vehicles used
for the transportation of property with reference to all
police requirements, including equipment and weight of
loads. Said investigators and examiners, with respect
to the enforcement of the laws relating to motor vehicles,
shall have and exercise throughout the commonwealth all
the powers of constables, except the service of civil process,
and of police officers, including the power to arrest any
person who violates any provision of this chapter, and they
may serve all processes lawfully issued by the courts, the
department in the exercise of its functions under this
chapter or the registrar. The registrar may investigate the
cause of any accident in which any motor vehicle is in-
volved, and for this purpose may send his investigators
into other states. The selectmen of any town and the
mayor of any city of less than one hundred thousand in-
habitants where there is no police commission or police
commissioner, and the police commission or police com-
missioner, when such exist, of any such city, may appoint
special constables, who shall serve without cost to such
city or town and who shall have all the powers of police
ofl&cers and constables in relation to the enforcement of all
laws and regulations concerning motor vehicles. The chief
officer of the police department of every city and town and
the chairman of the selectmen of such towns as have no
regular police department shall notify the registrar forth-
with, upon blanks furnished by him, of the particulars of
every accident referred to in section twenty-six which
happens within the limits of his city or town in which a
motor vehicle is involved, together with such further in-
formation relative to such accident as the registrar may
require, and shall also, if possible, ascertain the name of the
person operating such vehicle and notify the registrar of the
same. Every such officer, upon the request of the registrar,
shall demand forthwith the license of any operator and the
certificate of registration and number plates of any motor
vehicle situated within the city or town where such officer
resides when said license or certificate has been suspended
or revoked by the registrar, and shall forward the same to
the registrar. Whenever the death of any person results
from any such accident, the registrar shall suspend forth-

630

Acts, 1935. — Chap. 478.

G. L. (Ter.
Ed.). 25,
{ 12F, etc.,
amended.
Investigators
assigned to
division.

with the license of the person operating the motor vehicle
involved in said accident, and shall order the said license to
be delivered to him; and the registrar shall revoke the
same unless, upon investigation and after a hearing, he
determines that the accident occurred without serious
fault upon the part of the operator or chauffeur of such
motor vehicle. No operator whose license is revoked
under this section shall be licensed again within six months
after the date of the suspension, nor thereafter except in
the discretion of the registrar; provided, that the fore-
going shall not be construed to authorize the exercise of
such discretion contrary to any provision of section twenty-
four.

Section 2. Section twelve F of chapter twenty-five
of the General Laws, inserted therein by section one of
chapter four hundred and five of the acts of the current
year, is hereby amended by adding at the end the follow-
ing:— , and may assign for service in said division such
number, not exceeding twenty-five, of investigators and
examiners, as it may deem necessary.

Approved August 10, 1935.

Chav. 4:7S ^^ -'^ct providing for the construction of additional

SEWERS in the NORTH METROPOLITAN SEWERAGE

Emergency
preamble.

DISTRICT.

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

Be it enacted, etc., as follows:

Section 1. Subject to the conditions hereinafter im-
posed, the metropolitan district commission is hereby
authorized and directed to construct a main sewer or
sewers, with sewer connections and other works, in the
valleys of Aberjona and Mystic rivers and through other
territory in the towns and cities of Stoneham, Woburn,
Winchester and Medford from a point near the Stoneham,
Winchester and Woburn boundary lines to such a point of
connection with the north metropolitan sewerage system as
said commission may deem best, and, for such purposes,
may exercise all the powers conferred upon it by chapter
ninety-two of the General Laws relative to the construc-
tion, maintenance and operation of systems of sewage dis-
posal. For the purpose of carrying out said project, includ-
ing any expenditures on account of the purchase or taking
of land or damages to land occasioned by the construction
hereinbefore provided for, the said commission may expend
a sum not exceeding, in the aggregate, three million dollars
of which not more than one million eight hundred thou-
sand dollars shall ultimately be borne by the common-

Acts, 1935. — Chap. 478. 631

wealth, to be entered into only on the basis of grants of
federal money.

Section 2. Said project shall not be entered into unless
it is approved as hereinafter provided by the emergency
public works commission, established under section one of
chapter three hundred and sixty-five of the acts of nineteen
hundred and thirty-three, and by the governor. Said
emergency public works commission shall, in addition to
the powers and duties heretofore conferred and imposed
upon it, exercise and perform the powers and duties herein-
after conferred or imposed upon it, and the provisions of
said section which relate to action by said commission shall
apply in the case of action under this act. Said project,
when so approved, shall be carried out in all respects sub-
ject to the provisions of the appropriate federal law provid-
ing for projects of that class, and the rules and regulations
made pursuant thereto, and to such terms, conditions,
rules and regulations, not inconsistent with such federal
laws and rules and regulations, as the said commission
may establish, with the approval of the governor, to ensure
the proper execution of said project. The commonwealth
may accept and use for carrying out said project so approved
any grant of federal funds under any federal law, authority
to make application therefor being hereby granted to the
said emergency public works commission. For the pur-
pose only of carrying out said project approved as afore-
said, the state treasurer may from time to time borrow,
on the credit of the commonwealth, such sums, not ex-
ceeding in the aggregate one million eight hundred thousand
dollars and may issue in one or more series bonds, notes
or other forms of written acknowledgment of debt, herein-
after referred to as obligations. Each series shall carry
such rates of interest as the state treasurer may fix, with
the approval of the governor, and shall be payable serially
in such amounts and at such times as the state treasurer
may determine, with the approval of the governor; pro-
vided, that the principal payments of each series shall be
made annually in amounts as nearly equal as may be.
The obhgation last payable of any series issued for the pur-
pose of carrying out said project shall become due not later
than such number of years from the date of the obligations
of such series as the governor may recommend to the gen-
eral court in accordance with section three of Article LXII
of the amendments to the constitution of the commonwealth.

All obligations issued under this act shall be signed by
the state treasurer and approved by the governor. Fac-
similes of the signature of the governor printed thereon
shall have the same effect as his written signature.

All obligations issued under this act shall be payable,
as to both principal and interest, in such funds as are, on
the respective dates of payment of such principal and
interest, legal tender for the payment of debts due the
United States of America.

632 Acts, 1935. — Chap. 478.

All interest payments and payments on account of princi-
pal on such obligations, and the cost of maintenance and
operation of the sewerage works constructed hereunder,
shall be deemed to be, and shall be paid as, a part of the
interest, sinking fund or serial bond requirements and costs
specified in chapter four hundred and thirty-nine of the
acts of eighteen hundred and eighty-nine and acts in amend-
ment thereof and in addition thereto and affecting the
same, and shall be apportioned, assessed and collected in
the manner provided by the provisions of chapter ninety-
two of the General Laws relative to the north metropolitan
sewerage system.

Section 3. No payment shall be made or obligation
incurred for the carrying out of said project upon its ap-
proval by the said emergency public works commission
and the governor and its approval for federal aid by the
proper federal authorities, until plans and specifications
therefor have been approved by the said commission, unless
otherwise provided by such rules or regulations as the said
commission may make.

Section 4. The state treasurer shall receive all moneys
granted to the commonwealth for the purpose of carrying
out the project authorized under this act. Payment from
the state treasury for expenditures incurred under this act
shall be made upon vouchers filed with the comptroller
in accordance with the procedure prescribed under section
eighteen of chapter twenty-nine of the General Laws, and
all other provisions of said chapter twenty-nine shall apply
in the case of the project undertaken under this act or any
expenditure necessary for carrying out the purposes hereof,
except in so far as such provisions of law may be in conflict
with applicable federal laws and regulations.

Section 5. The metropolitan district commission shall
have, in addition to any powers expressly given by statute,
such powers as may be determined and certified by the
said emergency public works commission to be proper and
reasonably necessary to carry out said project, including the
power to take property by eminent domain on behalf of the
commonwealth. The said emergency public works com-
mission is hereby authorized to make all necessary orders,
rules and regulations and perform all necessary actions
under this act; and none of such orders, rules, regulations
and actions shall be declared inoperative, illegal or void for
any omission of a technical nature in respect thereto.

Section 6. The authority given to the state treasurer
by chapter three hundred and ninety-two of the acts of
the current year to borrow in anticipation of the payment
of grants by the federal government is hereby extended to
such grants as may be authorized for the project provided
for in this act. Approved August 10, 1935.

Acts, 1935. — Chap. 479.

633

G. L. (Ter.
Ed J, 23, §3,
etc., amended.

Certain duties
of commissioner
of labor and
industries.

An Act to provide for the establishment and adminis- QJiQ'r) 479

TRATION OF UNEMPLOYMENT COMPENSATION.

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

Be it enacted, etc., as follows:

Section 1. Section three of chapter twenty-three of
the General Laws, as amended by section one of chapter
three hundred and thirty-one of the acts of nineteen hun-
dred and thirty-four, is hereby further amended by striking
out the second and third sentences and inserting in place
thereof the following: — Except as otherwise provided, he
shall have charge of the administration and enforcement
of all laws, rules and regulations which it is the duty of
the department to administer and enforce, shall direct all
inspections and investigations, and may assign the officers
and employees of the department to the several divisions
thereof. He shall organize in the department a division of
standards, a division on the necessaries of life, a division of
occupational hygiene, and such other divisions as he may
from time to time determine, other than the division of
public employment offices, provided for in section nine L.

Section 2. Section four of said chapter twenty-three,
as amended by section two of said chapter three hundred
and thirty-one, is hereby amended by striking out the word
"seven", in the fourth fine, and inserting in place thereof
the word: — six, — by inserting after the word "division",
in the tenth line, the words : — , other than the division of
public employment offices, — and by striking out, in the
fifteenth line, the words "in section nine B", — so as to
read as follows : — Section 4- The commissioner, assistant
commissioner and associate commissioners may, with the
approval of the governor and council, appoint, and fix the
salaries of, not more than six directors, and may, with like
approval, remove them. One of them, to be known as the
director of standards, shall have charge of the division of
standards, and one of them, to be known as the director
of the division on the necessaries of life, shall have charge
of said division, and each of the others shall be assigned to
take charge of a division, other than the division of public
employment offices. The commissioner may employ, for
periods not exceeding ninety days, such experts as may be
necessary to assist the department in the performance of
any duty imposed upon it by law, and such employment
shall be exempt from chapter thirty-one. Except as other-
wise provided, the commissioner may employ and remove
such inspectors, investigators, clerks and other assistants
as the work of the department may require. Such number
of inspectors as the commissioner may deem necessary
shall be men who, before their employment as such, have

G. L. (Ter.
Ed.), 23, § 4,
etc., amended.

Directors.

Other

appointees.

634

Acts, 1935. — Chap. 479.

G. L. (Ter.
Ed.), 23. 5 5,
amended.

Certain re-
quirements of
officers and
employees.

G. L. (Ter.
Ed.), 23, new
sections 91 to
9N, added.

UnemplojTnent

compensation

commission.

had at least three years' experience as building construction
workmen. The commissioner may require that certain
inspectors in the department, not more than seven in
number, shall be persons qualified by training and ex-
perience in matters relating to health and sanitation.

Section 3. Section five of said chapter twenty-three,
as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the seventh line, the word
"The" and inserting in place thereof the words: — Except
as otherwise provided, the, — so as to read as follows: —
Section 6. All directors, inspectors and other permanent
employees of the department shall devote their whole time
to the affairs of the department; and all directors and in-
spectors and such other employees as may be designated
by the commissioner shall, before entering upon their
duties, be sworn to the faithful performance thereof. The
number of inspectors heretofore authorized by law may
be increased only with the approval of the governor and
council. Except as otherwise provided, the commissioner,
assistant commissioner and associate commissioners shall
determine from time to time how many of the inspectors
employed shall be women.

Section 4. Said chapter twenty-three is hereby further
amended by inserting after section nine H, as most recently
amended by chapter three hundred and sixty-two of the
acts of nineteen hundred and thirty-three, the following
six new sections: — Section 91. (a) There shall be in the
department, but not subject to its direction, a commission
to be known as the Unemployment Compensation Com-
mission, in this and the five following sections called the
commission, which shall administer the provisions of
chapter one hundred and fifty-one A. The commission
shall be composed of three members appointed by the
governor, with the advice and consent of the council, of
whom one shall be a person who, on account of his previous
vocation, employment, occupation or affiliation, can be
classed as an employer, one shall be a person who, on
account of his previous vocation, employment, occupation
or affiliation, can be classed as an employee, and one shall
be a person who shall represent the public and shall be
chairman. Not more than two members of the commis-
sion shall be members of the same political party, and no
commissioner, while in office, shall serve on any committee
of any political party. Of the members first appointed one
shall be appointed for a term of two years, one for a term of
four years, and one for a term of six years, and thereafter
as the term of a member expires the governor, with the
advice and consent of the council, shall appoint his suc-
cessor for the term of six years. Vacancies shall be filled
in like manner for the balance of the unexpired term.
All members shall serve until the qualification of their
respective successors.

(b) The chairman of the commission shall receive a

Acts, 1935. — Chap. 479.

635

salary of sixty-five hundred dollars and each other member
shall receive a salary of six thousand dollars.

(c) The commission shall determine its own method of
procedure. Any investigation, inquiry or hearing which
the commission is authorized to hold or undertake may be
held or undertaken by or before any one member of the
commission, or by or before one of its authorized repre-
sentatives or deputies, and every order made by a member
thereof, or by one of its authorized representatives or
deputies, when approved and confirmed by a majority of
the commission, and so shown on its record of proceedings,
shall be deemed to be the order of the commission.

(d) The commission shall have a secretary, who shall be
appointed by the commission with the approval of the gov-
ernor and council, and who shall not be subject to chapter
thirty-one and the rules and regulations made thereunder.

Section 9J. The commission, subject to the approval J^^^^'^j*"^
of the governor and council, may adopt, amend, alter or
repeal, and shall enforce, all such reasonable rules, regula-
tions and orders as may be necessary or suitable for the
administration and enforcement of chapter one hundred
and fifty-one A. Such rules and regulations, and any
amendments, alterations or repeals thereof, shall be re-
corded in the minutes of the commission, and, upon the
filing with the state secretary of a certified copy thereof
and a certificate that they have been approved by the
governor and council, shall have the force and effect of
law. The commission may make any expenditures, sub-
ject to appropriation, require any reports and take any
other action, necessary and suitable to carry out the pro-
visions of said chapter. It shall make an annual report
to the governor and to the general court covering the ad-
ministration and operation of said chapter during the
preceding fiscal year, together with such recommendations
as it deems proper.

Section 9K. Subject to appropriation, the commission Y^'m^f^les*
may appoint and employ all officers, accountants, clerks, ° empoyees.
secretaries, agents, investigators, auditors and other
oflBcers and employees, necessary for the proper adminis-
tration of chapter one hundred and fifty-one A. All persons
so appointed or employed shall be selected on a non-partisan
merit basis, subject to chapter thirty-one and the rules
and regulations made thereunder, and also subject to such
rules and regulations consistent therewith as may be
adopted by the commission. The commission shall not
appoint or employ any person who is serving as an officer
or committee member of any political party. The com-
mission shall fix the duties and powers of all persons ap-
pointed and employed by it, and may authorize any such
person to perform any of the functions of a commissioner
under this chapter. The commission may, in its discretion,
bond any person handling moneys or signing checks here-
under.

636

Acts, 1935. — Chap. 479.

Division of
public em-
ployment
offices.

Employment
districts.

State advisory
council.

Section 9L. There shall be in the department, subject
to the supervision and control of the commission, a division
of public employment offices. The commission may,
with the approval of the governor and council, appoint,
and fix the salary of, the director of said division, and
may, with like approval, remove him. The commission
may appoint or employ, and remove, such inspectors, in-
vestigators, clerks and other assistants as the work of said
division may require. Said division shall be the state
agency for co-operation with the United States Employ-
ment Service under chapter forty-nine of the acts of the
Seventy-third Congress, Session I, known as the Wagner-
Peyser Act, and shall have all the powers of such an agency
as specified in said act. It shall have exclusive control of
the establishment, maintenance and operation of free
public employment offices by the commonwealth.

SectioJi 9M. The commission shall divide the com-
monwealth into employment districts. Subject to appro-
priation, it may establish and maintain such additional
free public employment offices as it may find necessary
to provide at least one such office within the limits of each
such employment district, and may further establish such
branch or local offices within each district as it may find
necessary or convenient for the proper administration of
chapter one hundred and fifty-one A. Each district office
shall be in charge of a district superintendent. Each
branch or local office shall be in charge of a branch or local
manager. Said district and branch or local offices shall be
available for the payment of benefits, presentation of
claims, registration of the unemployed, placement of the
unemployed in available employment, and for the proper
administration of chapter one hundred and fifty-one A.

Section 9N. (a) There shall be a state advisory council
of nine members, to be appointed by the governor with the
advice and consent of the council. Three of said members
shall be persons who, because of their previous vocations,
employments, occupations or affiliations, can be classed as
employers; three shall be persons who, for like reasons,
can be classed as employees; and three shall be persons
representative of the public. Of the members originally
appointed, one of each of the aforesaid groups shall be
chosen for a term of two years; one of each group for a term
of four years; and one of each group for a term of six years;
and thereafter as their terms expire the governor, with the
advice and consent of the council, shall appoint or re-
appoint members for a term of six years. Not more than
five members of the state advisory council shall be members
of the same political party. Vacancies shall be filled by
appointment by the governor, with the advice and consent
of the council, for the unexpired term. All members shall
serve until the qualification of their respective successors.
The members shall serve without salary, but shall be
allowed actual and necessary traveling and other incidental
expenses.

Acts, 1935. — Chap. 479. 637

Section 5. The General Laws are hereby amended g. l. (Ter.
by inserting after chapter one hundred and fifty-one, the ^h^apt^-^rsiA,
following new chapter : — added.

Chapter 151A.

Unemployment Compensation.

definitions.

Section 1. The following words and phrases as used in Definitions,
this chapter shall have the following meanings, unless the
context clearly requires otherwise : —

(a) "Employment", any employment in which all or the
greater part of the employee's work is customarily per-
formed within the commonwealth, under any contract of
hire, oral or written, express or implied, whether such
employee was hired and paid directly by the employer or
through any other person employed by him, if the em-
ployer had actual or constructive knowledge of such con-
tract. Such employment shall include the employee's
entire employment. In the case of all other individuals
employed partly in the commonwealth and partly else-
where, the term "employment" shall include the employ-
ment of such persons to the extent prescribed by general
rules adopted by the commission.

The term employment, unless the context otherwise
requires, shall not apply to —

(1) Employment as a farm laborer;

(2) Employment in personal or domestic service in
private homes;

(3) Employment by the federal or state government or
any subdivision or agency thereof;

(4) Employment on a governmental relief project ap-
proved by the commission;

(5) Employment by any corporation, association or
group organized and operated exclusively for religious,
charitable, medical, scientific, Hterary or educational pur-
poses, no part of the net earnings of which inures to the
benefit of any shareholder or individual having a like
interest ;

(6) Employment, on a commission basis, by one or more
employers, where the employee is master of his own time
and efforts, and where his wages or compensation wholly
depend on the amount of effort he chooses to expend in his
occupation;

(7) Employment as a share fisherman wholly remuner-
ated by share;

(8) Employment at work, wholly or in major part done
at the worker's own home, whether done for himself or
others, such work being paid for in proportion to the piece
or part thereof completed;

(9) Employment as a short-time or casual worker for a
period of four weeks or less,

(6) "Employee", any individual employed for hire

638 Acts, 1935. — Chap. 479.

by any employer and in any employment subject to this
chapter, except any individual employed at a rate of
twenty-five hundred dollars a year, or more.

(c) "Employer", any individual, partnership, firm,
association, corporation, whether domestic or foreign, or
the legal representative, trustee in bankruptcy, receiver, or
trustee thereof, or the legal representative of a deceased
person, who or whose agent or predecessor in interest has
elected to become fully subject to this chapter as herein-
after provided, and whose election remains in force, or who
has employed at least eight individuals in employment
subject to this chapter on some day in each of twenty weeks
in the preceding calendar year; provided, that such em-
ployment in the calendar year nineteen hundred and
thirty-five shall make an employer subject to this chapter
on January first following, and that such employment in
any subsequent calendar year shall make an employer,
not previously subject to this chapter, subject thereto for
all purposes as of January first of the calendar year in
which such employment occurs.

In determining whether an employer of any individuals
in the commonwealth employs a sufficient number to be an
employer subject hereto, and in determining for what
contributions he is liable hereunder, he shall, whenever he
contracts with any contractor or subcontractor for any
work which is part of the employer's usual trade, occupa-
tion, profession or business, be deemed to employ all
individuals employed by such contractor or subcontractor
on such work, and the employer alone shall be liable for
the contributions measured by wages paid to such indi-
viduals for such work; but the foregoing provisions of this
paragraph shall not apply if any such contractor or sub-
contractor, who would in the absence of such provisions be
liable to pay said contributions, accepts exclusive liability
therefor under an agreement with such employer made
pursuant to general rules of the commission.

All individuals employed by an employer in all of his
several places of employment maintained within the
commonwealth shall be treated as employed by a single
employer for the purposes of tb's chapter; and where any
employer, either directly or through a holding company,
voting trust, trustees or otherwise, has a majority control
or ownership of otherwise separate business enterprises
employing individuals in the commonwealth, all such
enterprises shall be treated as a single employer for the
purposes of this chapter.

No employer subject to this chapter shall cease to be
subject hereto, except upon a written application therefor
by him and after a finding by the commission that he has
not within any week within the last completed calendar
year employed eight or more individuals in employment
subject hereto. Any employer of any individual within
the commonwealth not otherwise subject to this chapter

Acts, 1935. — Chap. 479. 639

shall become fully subject hereto, upon filing by such
employer with the commission of his election to become
fully subject hereto for not less than two calendar years,
and upon the written approval of such election by the
commission.

{d) "Commission", the unemployment compensation
commission established under section nine I of chapter
twenty-three, or its authorized representative.

(e) "Contributions", the money payments to the un-
employment compensation fund required by this chapter.

(/) "Fund", the unemployment compensation fund es-
tablished by this chapter.

(g) "Unemployment compensation administration ac-
count", the account set up for the purpose of meeting the
expenses of administration under this chapter.

(h) "Benefit", the money allowance payable to an
employee as compensation for his wage losses due to
unemployment as provided in this chapter.

(0 "Wages", every form of remuneration for employ-
ment received by an employee from his employer, whether
paid directly or indirectly, including salaries, commissions,
bonuses, and the reasonable value of board, rent, housing,
lodging, payments in kind and similar advantages.

(j) "Full-time weekly wage", the weekly earnings an
employee would receive from his employment if employed
at the hourly rate of earnings and for the full-time weekly
hours applicable to such employee. The commission shall
make such rules and adopt such methods of calculating
full-time weekly wages under this section as may be suit-
able and reasonable.

(1) "Hourly rate of earnings" means a rate per hour
to be determined by averaging the employee's actual
earnings from employment with the most recent employer
for whom he has worked for at least one hundred hours.

(2) "Full-time weekly hours" means the standard
weekly hours customarily worked by employees in the
employment in question. Where there are no such cus-
tomary standard weekly hours, the commission shall
determine the standard by averaging weekly hours for all
weeks, in at least the past three months, in which the
employee has worked thirty hours or more, or by such
other equitable method as the commission may by general
rule prescribe.

(fc) "Day of employment", any day during which an
employee performs more than half a day's work in an
employment and for an employer subject to this chapter.

(0 "Week", calendar week.

(m) "Week of employment'', employment for not less
than eighty per cent of full-time weekly hours or yielding
not less than eighty per cent of full-time weekly wages.

(n) "Pay roll", the total amount of all wages, salaries
and remunerations paid by an employer to his employees
entitled to benefits under this chapter.

640

Acts, 1935. — Chap. 479.

(o) "Unemployment". An employee shall be deemed
unemployed in any week in which he performs no wage-
earning service whatever, and in which he earns no wages
or other pay for personal services, including net earnings
from self-employment, and in which, though capable of
and available for employment, he is unable to obtain any
employment and cannot reasonably return to any self-
employment in which he is customarily engaged.

(p) "Employment office", the free pubHc employment
office operated by the commonwealth in the employment
district in which the employee resides or is employed, or
the branch or local office nearest to his place of residence or
employment, unless otherwise prescribed by general rule
of the commission.

Contributions.

Employers'
contributions.

Employees'
contributions.

Classification
of employees.

CONTRIBUTIONS.

Section 2. On and after January first, nineteen hundred
and thirty-six, contributions shall become due and payable
by each employer subject to this chapter on said date.
Contributions by any employer not then subject to this
chapter shall become due and payable on and after the date
on which he becomes subject hereto. The contributions
required hereunder shall be paid by each employer in such
manner and at such times as the commission may pre-
scribe, and shall be paid over by the commission to the
state treasurer, who shall credit the same to the fund.

Section 3. (a) Employers: Each employer shall con-
tribute in his own behalf for the calendar year nineteen
hundred and thirty-six an amount equal to one per cent
of his pay roll, less any amount not credited to him by
any federal law governing unemployment compensation
or the administration thereof, for the year nineteen hun-
dred and thirty-seven an amount equal to two per cent
of his pay roll, less any amount not so credited to him, and
for each year thereafter, an amount equal to three per cent
of his pay roll, less any amount not so credited to him.

(b) Employees: From January first to December thirty-
first, inclusive, nineteen hundred and thirty-seven, each
employee shall contribute to the fund one per cent of his
wages; and thereafter, he shall contribute an amount equal
to one half of the amount contributed by his employer for
him. Each employer shall withhold such contribution from
the wages of his employees, shall show such deduction on
his pay roll records, and shall transmit all such contribu-
tions to the fund, pursuant to general rules of the com-
mission.

Section 4- In nineteen hundred and forty-one the
commission shall classify, and at reasonable times there-
after shall reclassify, employers in accordance with the
actual experience with regard to the contributions which
they have paid in their own behalf and the approximate
benefits which have been paid from the fund to their em-
ployees, as computed from the employer's contribution

Acts, 1935. — Chap. 479.

641

records or otherwise, and the commission may fix contribu-
tion rates in accordance with such classifications, in the
case only of employers who have made contributions to the
fund for at least three years. No such rate shall be less
than one per cent of the employer's pay roll. Such rates
shall be known as merit ratings.

Section 5. The commission shall investigate and report investigations.
upon the approximate degree of unemployment hazard in
the various industries, occupations and employments and
their cost to the fund. It shall recommend to employers,
in industries, occupations or employments showing an
excessive cost to the fund, measures for stabilizing employ-
ment therein. It shall also, if it deems necessary, recom-
mend to the general court a higher rate of contribution
for any classification of industries, occupations or employ-
ments in which unemployment is excessive or chronic.

Section 6. If any employer, after due notice, fails to interest on
make when due any payments required of him under this plyments.
chapter, such overdue payments shall carry interest at the
rate of one per cent per month from such due date until
paid, and the commission shall collect such overdue pay-
ments, together with such interest, in an action of contract
in the name of the commonwealth. Any sums so collected
shall be paid to the state treasurer and credited by him to
the fund.

Section 7. Such overdue pa3niients to the fund, with Same subject.
interest thereon, shall, until collected, be a lien against
the assets of the employer, subordinate, however, to
claims for unpaid wages and prior recorded liens.

Section 8. In the event of an employer's dissolution, Priority.
bankruptcy, adjudicated insolvency, receivership, assign-
ment for benefit of creditors, judicially confirmed extension
proposals or composition, contribution payments then or
thereafter due under this chapter shall have priority over
all other claims, except taxes and wage claims.

UNEMPLOYMENT COMPENSATION FUND.

Section 9. There is hereby created a fund, to be known unempioy-
as the unemployment compensation fund, to be admin- ^eMltk>nfund.
istered by the commission without liability on the part of
the commonwealth beyond the amounts credited to and
earned by the fund. The fund shall consist of all con-
tributions and moneys paid into the treasury of the com-
monwealth and credited to the fund as provided in this
chapter, of property and securities acquired by and through
the use of moneys belonging to the fund, and of interest
earned thereon, less payments therefrom under this chapter.

Section 10. The fund shall be administered in trust
and used solely to pay benefits hereunder, upon vouchers
drawn thereon by the commission pursuant to its general
rules, and no other disbursements shall be made there-
from.

Section 11. The state treasurer shall be, ex officio, state

treasurer

Administration
of fund.

642

Acts, 1935. — Chap. 479.

otistodian
of fxind.

Investment
of fund.

Investment
board,
duties of.

the treasurer and custodian of the fund; and all disburse-
ments therefrom shall be paid by him upon vouchers duly
drawn in accordance with general rules of the commission.
He shall have custody of all moneys, securities and property
belonging to the fund and not otherwise held, deposited or
invested under this chapter. He shall give a separate and
additional bond, conditioned on the faithful performance
of his duties as treasurer and custodian of the fund, in an
amount recommended by the commission and approved
by the governor and council and with sureties satisfactory
to the attorney general. Such bond shall be deposited
with the state secretary. Premiums upon bonds required
pursuant to this section shall be paid from the unemploy-
ment compensation administration account.

Section 12. The state treasurer shall deposit or invest
the fund under the supervision and control of the com-
mission, subject to the provisions of this chapter; provided,
that upon the establishment by the United States govern-
ment or its authorized agency of an unemployment trust
fund, from which the state treasurer, as the state agency
which is custodian of the fund, may be entitled to requisi-
tion at any time such sums standing to his account therein
as may be required by the commission to carry out the
purposes of section ten, said treasurer shall, if required
by federal law, deposit or invest the fund therein and keep
it so deposited or invested, except sums requisitioned as
aforesaid, so long as such trust fund exists and remains
subject to such requisition.

Section IS. An investment board of three members
shall be responsible for directing how and to what extent
the fund shall from time to time be held, deposited and
invested under this chapter. Said board shall consist of
the state treasurer, the commissioner of banks and the
chairman of the commission, or their authorized repre-
sentatives, and may perform its duties by the recorded
vote of any two of its members and under rules to be adopted
by said board. During the first year of contribution pay-
ments under this chapter the board shall promptly direct
the investment of all moneys received by the fund, except
as otherwise provided in section twelve. Thereafter,
except as otherwise provided in said section, as deter-
mined from time to time by the board, not less than twenty
nor more than forty per cent of the fund shall either be
deposited with the federal reserve bank of Boston, if said
bank is authorized to receive and .to pay interest on such
deposits, or shall be deposited by the state treasurer in
the same manner and subject to all the provisions of law
applying to the deposit of other state funds, or shall at the
direction of the board be held in ear-marked cash either by
the state treasurer or by the federal reserve bank of Boston,
if said bank is authorized to hold such funds for the com-
monwealth, or in other safe depositories selected by said
board. Except as otherwise provided in section twelve,

Acts, 1935. — Chap. 479.

643

Classes of
securities in
which invest-
ment fund is
to be placed.

Benefits from
fund.

the balance of the fund shall at the direction of the board
be invested in any or all of the classes of securities referred
to in section fourteen. If the fund is so invested, the
board may purchase and sell such securities therefor at
current market prices, may invest and reinvest the fund
from time to time in its discretion, and may, in its discre-
tion, borrow against its investments for current payments.
To enable the board to perform its duties under this sec-
tion the commission shall furnish the board with any
necessary assistance duly requested by the board and
approved by the commission.

Section I4. All investments of the fund shall, as far
as practicable, be readily convertible into cash when
needed. To this end the board shall invest the fund,
except as provided in section twelve, only in the following
classes of securities: (a) United States treasury notes and
certificates; (b) other direct obligations of the United States
of America ; (c) securities which are the direct obligations of
the commonwealth; (d) bonds and other interest-bearing
obligations of any legally constituted governmental
subdivision of the commonwealth, if such subdivision
has never defaulted in the payment of the principal
or interest of any of its bonds or other interest-bearing
obligations.

Section 15. The fund shall be the sole and exclusive
source for the payment of benefits hereunder, and such
benefits shall be deemed to be due and payable only to the
extent that contributions, with increments thereon, are
actually collected and credited to the fund.

BENEFITS.

Section 16. After contributions by employers have when benefits
been due under this chapter for two years, benefits shall p^y*^'^*
become payable from the fund to any employee eligible
for benefits under this chapter, who thereafter is or be-
comes unemployed. Such benefits shall be paid through
the employment offices at such times and in such manner
as the commission may by general rule prescribe.

Section 17. Benefits shall be payable to an employee same subject.
for no more than his weeks of unemployment subsequent
to a waiting period, the duration of which shall be de-
termined as follows : —

(a) An employee who is unemployed shall be eligible for
benefits for unemployment subsequent to a waiting period
of four successive weeks, and no benefits shall be or be-
come payable during said required waiting period ; provided,
that no such waiting period shall be required of any em-
ployee more than once in any twelve months; and provided,
further, that any week of partial employment during
which an employee receives less than half of his full-time
weekly wage shall not interrupt the continuity of such
four weeks, and shall be counted toward said waiting
period as one half of one week.

644

Acts, 1935. — Chap. 479.

Payment of

benefits

limited.

PajTnent of
benefits upon
termination of
emplojTnent
regulated.

(6) The waiting period shall commence on the day an
unemployed employee registers as such at an employment
office or other place of registration maintained or desig-
nated by the commission or on the day that he has other-
wise given notice of his unemployment in accordance with
the rules of the commission.

(c) There shall not be counted towards an employee's
required waiting period any week in which under section
eighteen or nineteen he is ineligible for benefits.

Section IS. No employee shall be entitled to any
benefits under this chapter unless he —

(a) Has had not less than ninety days of employment
as defined in this chapter with an employer or employers
subject hereto within the fifty-two weeks immediately
preceding the date of his registration as unemployed, or
other notice as provided in paragraph (6) of section seven-
teen, or in the alternative unless he has had not less than
one hundred and thirty days of emplojTuent as defined in
this chapter, with an emploj'er or employers subject
hereto, within the one hundred and four weeks immediately
preceding the date of his registration as unemployed or
other notice as aforesaid.

(6) Is capable of and available for employment and is
unable to obtain work in his usual occupation or any other
occupation for which he is reasonably fitted, including em-
ployments not subject to this chapter.

(c) Has registered, as provided in paragraph (6) of
section seventeen, as unemployed and has registered for
work and filed claim for benefits at the emploj'ment office
designated by the commission for this purpose, within such
time limits and with such frequency and in such manner
as the commission may by general rule prescribe. No
employee shall be eligible for benefits for any week in
which he fails without good cause to comply with such
registration and filing requirements. The commission
shall furnish copies of its rules covering such requirements
to each employer, who shall notify his employees of the
terms thereof when they become unemployed.

Section 19. (a) No benefits shall be paid to an em-
ployee under this chapter for any week in which his unem-
ployment is directly due to a strike, lockout or other trade
dispute still in active progress in the establishment where
he was last employed.

(b) Any employee who has left his employment volun-
tarily without reasonable cause attributable to his em-
ployer, or has been discharged for misconduct, shall be
ineligible for benefits for four consecutive weeks additional
to the waiting period provided in section seventeen; and
the duration of benefits for unemployment to which the
employee may be entitled shall thereby be reduced by four
weeks.

Acts, 1935. — Chap. 479.

645

to do by the employment office, or to accept suitable em-
ployment when offered him, in each such instance he shall
become ineligible for benefits for the week in which such
failure occurred and for the four next following weeks; and
such weeks shall be charged, as if benefits for unemploy-
ment had been paid therefor, against the employee's most
recent weeks of employment against which benefits have
not previously been charged hereunder, and shall also be
counted against his maximum weeks of benefit per year;
provided, that the period thus charged shall not exceed the
period of actual unemployment.

"Suitable employment", as said words are used in the
preceding paragraph, shall mean any employment not
detrimental to the health, safety or morals of an employee,
for which he is reasonably fitted by training and experience,
including employment not subject to this chapter, which is
located within reasonable distance of his residence or last
employment, and which does not involve travel expenses
substantially greater than that required in his former
employment. No employment shall be deemed suitable,
and benefits shall not be denied under this chapter to any
otherwise eligible employee for refusing to accept new
work, under any of the following conditions: (1) if there
is a strike, lockout or other labor dispute in the establish-
ment in which the employment is offered; (2) if the wages,
hours and other conditions of the work offered are so sub-
stantially less favorable to the employee than those pre-
vailing for similar work in the locality as to depress unduly
wages or working conditions; (3) if acceptance of such em-
ployment would require the employee to join a company
union or would abridge or limit his right to join or retain
membership in any bona fide labor organization or asso-
ciation of workmen.

(d) No benefits shall be payable under this chapter to an
employee who becomes unemployed by reason of com-
mitment to any penal institution.

(e) No benefits shall be payable under this chapter to an
employee who is receiving compensation under chapter
one hundred and fifty-two; provided, that if he is receiving
only partial compensation under said chapter one hundred
and fifty-two, which is less than the benefits which would
otherwise be due him hereunder for unemployment, he
shall receive such unemployment benefits reduced by the
amount of such partial compensation.

Section 20. An employee unemployed and eUgible for Rate of
benefits shall be paid benefits for each week of unemploy- ^^"^^*-
ment after the specified waiting period at the rate of fifty
per cent of his full-time weekly wage, but such benefits
shall not exceed fifteen dollars per week or be less than five
dollars per week.

Section 21. The aggregate amount of benefits an em- Total benefit
ployee may receive shall be limited by the number of his re*gvSated.
past weeks of employment against which benefits have not

646

Acts, 1935. — Chap. 479.

Same subject.

Commission
may modify
scale of
payments.

Lump sum

benefit

payments.

been charged hereunder. Each employee shall receive
benefits in the ratio of one week of unemployment benefits
to each four weeks of his full-time employment or its
equivalent occurring within the one hundred and four
weeks preceding the close of his most recent week of em-
ployment; but in no case shall an eligible employee receive
more than sixteen weeks of unemployment benefits within
any fifty-two consecutive weeks, except as provided in
section twenty-two.

Section 22. An employee, who has received the maxi-
mum benefits permitted under section twenty-one, shall
receive, for the time during which he remains unemployed
and eligible, additional benefits in the ratio of one week of
unemployment benefit for each unit of eighteen weeks of
employment, for which he has paid the required employee
contribution, occurring within the six years preceding the
close of his most recent week of employment, and against
which benefits have not already been charged under this
chapter; and after such additional benefits have been
exhausted he shall receive, for the time during which he
remains unemployed and eligible, one week of unemploy-
ment benefit for each unit of twenty-six weeks of employ-
ment, for which he has paid the required employee con-
tribution provided herein and against which benefits have
not already been charged under this chapter.

Section 23. When an eligible employee has drawn
in any one year the maximum benefits to which he is
entitled under sections twenty-one and twenty-two, he
shall not be eligible for benefits in a subsequent year until
the payment in his behalf of eight full weekly contributions.

Section 24- If in any six months' period the amount
paid in benefits from the fund has exceeded the income,
or if, in the judgment of the commission, the reserves in
the fund are in serious danger of depletion, the commission
may declare an emergency and announce a modified scale
of benefits, an increased waiting period, or other changes
in the rules and regulations regarding eligibility for receipt
of benefits which it may deem necessary to maintain the
reserves of the fund.

If as a result of experience there should be found among
the employments subject to this chapter certain industries
or occupations normally providing individual workers
periods of employment of less than two weeks for any given
employer, or normally involving work for a number of
employers, the commission may place such industries or
occupations in categories having special rules regarding
eligibility for payment of benefits or reduced scale of
benefits.

Section 25. In lieu of paying to an eligible employee in
weekly or other installments the maximum amount of
benefits to which his past weeks of employment might entitle
him under this chapter in case he remained continuously
unemployed and eligible, the commission may discharge the

Acts, 1935. — Chap. 479.

647

fund's entire existing benefit liability to such employee by
paying him a lump sum equalHng not less than fifty per
cent nor more than eighty per cent of said maximum amount
of benefits; provided, that lump sum payments shall be
thus made only in unusual cases, as when an employee has
no prospect of securing further employment in the locality
but may secure employment elsewhere. The commission
shall by general rules determine on what percentage basis
and under what unusual conditions such lump sum pay-
ments shall be made, and each such case shall be subject
to specific approval by the commission.

Secdon 26. Wherever in any industry, employment or Seasonal
occupation, or branch thereof, because of its seasonal nature, °'"'"p**»°'"
it is customary to operate only during a regularly recurring
period or periods of less than one year in length, and when-
ever there are individuals employed in such industry, em-
ployment or occupation who are not ordinarily employed
during the year in any other employment for hire, whether
an employment subject to this chapter or not, the com-
mission shall ascertain and determine or redetermine, after
investigation and due notice, such seasonal period or periods
for each such seasonal industry, employment or occupation,
or branch thereof. When the commission has determined
such seasonal period or periods, it shall also fix the right to
benefits and the conditions required for the payment of
benefits to such individuals, and shall modify the require-
ments for eligibility to benefits and the conditions required
for payment thereof in such manner that such individuals
will receive benefits in reasonable proportion to the length
of time during which they have been employed in such
industry, employment or occupation. For the purposes of
this chapter, no industry, employment or occupation or
branch thereof shall be deemed seasonal, until the com-
mission has made such a determination.

Section 27. An employee who, for reasons personal to part time
himself, is unable or unwilling to work the usual full workers.
time, and who normally works less than the full time pre-
vailing in his place of employment and in the type of
employment in which he is engaged, shall register as a part-
time worker in such manner as the commission shall pre-
scribe. For the purposes of this chapter, the time which
such employee normally works in any week shall be deemed
his week of full-time employment, and the wages which he
earns in such week shall be deemed his full-time weekly
wages. The commissioner shall fix the proportionate num-
ber of days of employment required to qualify for benefits
in place of the provisions contained in paragraph (a) of
section eighteen, and proportionate maximum and minimum
benefits in place of the maximum and minimum amounts
provided in section twenty.

Section 28. An employer desirous of employing addi-
tional employees for short-time work only, without liability
for premiums and benefits for such employees, may obtain

Casual em-
ployment.

648

Acts, 1935. — Chap. 479.

Waiver of

benefits

prohibited.

Benefits not
assignable, etc.

Fees
prohibited.

express permission from the commission for such employ-
ment, which shall thereupon be deemed casual employment
and exempted from the provisions of this chapter for a
period of not more than four weeks. The commission shall
make and publish rules governing the exemption of such
casual employment, and distinguishing it from part-time
employment.

Section 29. No agreement by an employee to waive his
right to benefit or any other right under this chapter, or to
pay all or any portion of the contributions required here-
under from his employer, shall be valid. No employer shall
make or permit or require any deduction from wages ©r
salary of an employee to finance in whole or in part the con-
tributions required of the employer, or require any waiver
by an employee of any right hereunder. The commission
may make rules, regulations and orders for the enforcement
of this section, and shall cause any violations hereof to be
prosecuted.

Section 30. Benefits which are or may become due
under this chapter shall not be assigned, pledged, encum-
bered, released, commuted or trusteed before payment;
and when awarded, adjudged or paid shall, as long as they
are not mingled with other funds of the beneficiary, be
exempt from all claims of creditors, and from levy, execu-
tion and attachment or other remedy now or hereafter
provided for recovery or collection of debt, which exemption
may not be waived.

Section 31. (a) No fee shall be charged in any proceed-
ing under this chapter by the commission or its agents or
representatives.

(6) In any proceeding under this chapter a party may
be represented by an agent, but no fees for services ren-
dered by such agent shall be allowable or payable unless
the amount has been approved by the commission. Any
individual, firm, association or corporation who shall exact
or receive any remuneration or gratuity for any services
rendered on behalf of a claimant, except as allowed by this
section, or who shall soHcit the business of appearing on
behalf of a claimant, or who shall make it a business to
solicit employment for another in connection with any
claim for benefits under this chapter, shall be punished by a
fine of not more than one hundred dollars or by imprison-
ment for not more than six months, or both.

SETTLEMENTS OF CLAIMS AND DISPUTES.

Benefit daims. SccUon 32. Benefit claims shall be filed at the employ-
ment office at which the employee has registered as unem-
ployed, pursuant to general rules of the commission. Such
claims shall be filed in such form, at such time and in such
manner as the commission shall, by general rules, prescribe.
Notice of the claim so filed shall be given to the employee's
last employer. Every employee making a claim shall

Acts, 1935. — Chap. 479.

649

certify under the penalties of perjury that he has not re-
ceived wages or compensation for any employment, whether
subject to this chapter or not, otherwise than as specified
in his claim. Any failure accurately to state such amounts
so received shall disqualify the employee making such inac-
curate statement from receiving any benefits for one calen-
dar year from the time of such statement; but the com-
mission may cancel such penalty wholly or in part as it
deems proper and equitable if, after hearing the employee,
and such other investigation as it deems desirable, it de-
termines that any such misstatement was not intentional
and was made under such circumstances that it believes
the penalty should be lessened. Failure to make a claim
within the time fixed by the commission shall not bar pro-
ceedings under this chapter if it is found that such failure
was occasioned by mistake or other reasonable cause, or if
it is found that the employer or other interested parties
were not prejudiced by the delay.

Section S3. The commission shall make rules governing Rules.
the manner in which claims shall be presented, the reports
thereon required from the employee and from emploj^ers,
and the conduct of hearings and appeals. Such rules shall
be designed to ascertain the substantive rights of the parties
involved, without regard to common law or statutory rules
of evidence and other technical rules of procedure. A full
and complete record shall be kept of all proceedings in con-
nection with a disputed claim.

Section 34. The local or branch employment ofince
official designated by the commission shall promptly deter-
mine, in accordance with the rules and procedure estab-
lished by the commission, and after making such inquiries
and investigation as he deems necessary, whether or not the
claim is valid and the amount, if any, of the benefits pay-
able thereunder, and shall promptly give notice of such
decision to the employee, his most recent employer and such
other parties as the commission may by general rule pre-
scribe. In accordance with the rules of the commission
benefits shall be paid or denied accordingly, unless a hearing
is requested by a party affected within seven days after
such notification. If a hearing is so requested, said official,
after affording all parties interested reasonable opportun-
ity to be heard, shall render a decision as promptly as pos-
sible and shall notify the parties affected, and shall file with
the commission a statement of his findings and other mat-
ters pertinent to the questions arising before him, in ac-
cordance with the rules of the commission.

Section 35. Any party affected by such decision of the Appeal from
local or branch employment office official may file an ap- iJiu'roiiiciais
peal, in such manner and within such time as the commission
may require, with such appeal board as the commission may
by rule estabhsh for said purpose. The parties interested
shall be duly notified of the decision on appeal, and said
decision shall be final, except in cases where the commission

Local em-
ployment
offices, duties
in respect to
claims.

650

Acts, 1935. — Chap. 479.

Proceedings
before com-
mission, etc.

Jurisdiction
of supreme
judicial and
district courts.

Officials may

administer

oaths.

acts on its own motion, or, pursuant to the rules of the
commission, permits a proper party or proper parties to
apply for review by the commission, or where, in the absence
of such action or rule, appeal is taken to a district court
under section thirty-seven.

Where the commission does not act on its own motion
and no appeal is filed within the time provided by section
thirty-seven and no apphcation for review, if permitted
by rule of the commission, is made within the time provided
by rule therefor, the decision of the local employment office
official shall be final on all questions of fact and of law, and
the commission shall proceed to pay the benefits, if any,
found payable.

Section 36. The commission may remove or transfer the
proceedings on any claim pending before a local or branch
employment office official or appeal board; and, on its own
motion, or upon an application for review, if permitted
under its rules, may, within ten days after the date of any
decision by such official or appeal board, affirm, reverse,
change, modify or set aside any such decision on the basis
of the evidence previously submitted in such case, or upon
the taking of additional testimony.

Section 37. Any party aggrieved by any decision of
fact or of law in proceedings under this chapter, in which the
value in controversy exceeds one hundred dollars, may
after exhaustion of other appellate remedies provided in
section thirty-five and by the rules of the commission,
appeal within ten days after notice of such decision to the
district court in the judicial district of which the employee
lives or was employed, whereupon said court shall render
judgment in accordance with its determination and notify
the parties. The decision of the court shall be final and
conclusive upon the parties upon questions of fact. The
appeal board shall be represented by the attorney general
in any appeal hereunder.

On final determination of an appeal hereunder, the
appeal board shall enter an order in accordance with such
determination.

The supreme judicial court, upon bill in equity brought
by the commission against the claimant and all other inter-
ested parties, may determine any question of law arising
upon any claim filed under section thirty-two, and also
shall have general jurisdiction in equity, upon a bill brought
by the commission, to enforce the provisions of this chapter.
In all such cases the attorney general shall represent the
commission. Such cases, and petitions for writs of certi-
orari against district courts acting under this section, shall
have precedence over all other civil cases in said court,
except cases arising under chapter one hundred and fifty-
two.

Section 38. In the discharge of the duties prescribed
by this chapter any designated official, member of an appeal
board, commissioner, or duly authorized representative of

Acts, 1935. — Chap. 479.

651

the commission shall have power to administer oaths, take
depositions, certify to official acts, and require by summons
the attendance of witnesses and the production of books,
papers, documents and records, necessary or convenient to
be used in connection with any disputed claim. Wit-
nesses summoned shall be paid the same fees as witnesses
summoned to appear before the courts.

Section 39. No person shall be excused from testifying witnesses
or from producing any book, record, document or other testify!
paper, pertinent to the matter in question, in any investiga-
tion or inquiry by or upon any hearing before the commis-
sion, when ordered to do so by the commission, upon the
ground that the testimony or evidence, book, record, docu-
ment or other paper required of him may tend to incrimi-
nate him or subject him to a penalty or forfeiture; but no
person shall be prosecuted, punished or subjected to any
penalty or forfeiture for or on account of any act, trans-
action, matter or thing concerning which under oath, after
claiming his privilege, he shall by order have testified or
produced documentary evidence, except for perjury com-
mitted in giving such testimony or forgery committed by
him in such documentary evidence.

ADMINISTRATION.

Section 40. The commission, subject to the approval Law to be
of the commission on administration and finance, shall ^■'•"^'^t^'^-
cause to be printed in proper form for distribution to the
public the full text of this chapter, its general rules, its
annual reports, its regulations, classifications, rates and
rules of procedure, and any other material it deems relevant
and suitable, and shall furnish the same to any person upon
request. Unless the contrary is provided hereunder, or by
the rules or regulations of the commission, such printing
and availability on application shall be deemed a sufficient
publication of the same.

Section 4i • The state advisory council established under Duties of state
section nine N of chapter twenty-three shall perform all
the duties imposed on it by this chapter, and in addition it
shall consider and advise the commission upon all matters
connected with this chapter submitted to it by the com-
mission, and may recommend upon its own initiative such
changes in the administration of this chapter as it deems
necessary. It shall have full investigatory powers, and
shall have direct access to all sources of information. It
shall promote as far as possible the regularization of em-
ployment within the commonwealth. It shall so aid in the
formation of poUcies related to the administration of this
chapter as to insure a fair, impartial and neutral adminis-
tration hereof, free from political influences.

Section 4-^. The commission shall co-operate with the
appropriate agencies and departments of the federal
government in matters relating to the administration of this
chapter, and shall comply with all reasonable federal regu-

advisory
council.

Commission to
co-operate
with ottier '
departmenU.

652

Acts, 1935. — Chap. 479.

Employers to
keep records.

Information
not to be
made public.

Notice of
unemploy-
ment required.

lations governing the expenditures of sums allotted or
apportioned to the commonwealth for such administration
and accepted by the commonwealth.

Section 43. (a) Every employer, whether subject to
this chapter or not, shall keep true and accurate records
of all persons employed by him, showing the weekly hours
worked for him by each employee, the weekly wages paid
by him to each employee, the number of employees laid
off, and the reason and duration of such lay-off. Such
records shall be open to inspection by the commission or its
authorized representative at any reasonable time. The
commission may require from any employer such reports
on wages, hours, employment, unemployment and related
matters concerning his employees as the commission deems
necessary to the effective administration of this chapter,
and every employer shall fully, correctly and promptly
furnish the commission all information required by it to
carry out the purposes and provisions of this chapter. The
commission may require that such information be verified
under oath, which may be administered by the commis-
sion, any member thereof, or any person thereto authorized
by the commission.

{h) Information secured from employers or employees
pursuant to this chapter shall be confidential and for the
exclusive use and information of the commission in the dis-
charge of its duties hereunder, and shall not be open to the
pubhc nor be used in any court in any action or proceeding
pending therein unless the commission or the commonwealth
is a party to such action or proceeding. Any officer or
employee of the commission or of the commonwealth who,
except with authority of the commission or pursuant to its
regulations, or as otherwise required by law, shall disclose
the same, shall be punished by a fine of not more than one
hundred dollars or by imprisonment for not more than six
months, or both; provided, that nothing herein shall be
construed to prevent the commission from making, upon
request, full and complete reports to the federal social in-
surance board relating to the effect and administration of
this chapter, on forms to be prescribed by the board, and
from making available, upon request, to any agency of the
United States charged with the administration of public
works or other assistance through public employment, the
names, addresses and ordinary occupation of each recipient
of unemployment benefits and the date when such recipient
received the last regular payment of benefits to which he
was entitled under this chapter, or to prevent the commis-
sion from conducting any investigations it deems relevant
in connection herewith. The commission may publish in
statistical form the results of any such investigations with-
out disclosing the identity of the individuals involved.

Section 44- Every employee in order to qualify for
benefits under this chapter, shall give notice of his unem-
ployment, either by registering at a public employment

Acts, 1935. — Chap. 479.

653

Unemploy-
ment

compensation
administration
account.

ofl&ce or in such other manner, and within such time, as
the rules and regulations of the commission may pre-
scribe. Thereafter he shall give notice of the continuance
of his unemployment as frequently and in such manner as
the commission may prescribe.

UNEMPLOYMENT COMPENSATION ADMINISTRATION
ACCOUNT.

Section 45. There is hereby created the Unemploy-
ment Compensation Administration Account, to consist of
all moneys appropriated by the commonwealth for the
administration of this chapter and of all moneys received
under this chapter or federal law and designated for the
administration hereof or said account. The entire cost
of the administration hereof, including salaries, cost of
public employment offices, and other expenditures and
expenses required, shall be paid out of said account; pro-
vided, that in no case, except for the fiscal year during
which this chapter takes effect, shall the administrative
expenses exceed ten per cent of the annual contributions
of employers and employees. Said special account shall be
kept and accounted for by the state treasurer in the same
manner as other moneys of the commonwealth, except that
its annual balances shall be carried forward and shall remain
continuously available to the commission solely for the
purposes herein specified.

Section 46. All federal moneys allotted or apportioned
to the commonwealth by the federal social insurance board,
or other federal agency, for the administration of this
chapter, shall be paid into the unemployment compensa-
tion administration account.

Section 47. A special "employment service account"
shall be maintained as a part of said account, for the pur-
pose of segregating such money as may be made available
by the commonwealth for the public employment service,
together with such money as may be allotted to the com-
monwealth under the Wagner-Peyser Act, so-called.

EXEMPTION UNDER EMPLOYERS' PLANS,

Section 4S. Any employer or group of employers, and Exemptions.
his or their employees, may be exempted by the commis-
sion from all the contributions required hereunder, as long
as such employer or employers maintain in operation an
unemployment compensation plan, with provisions for
such compensation substantially equivalent to those of this
chapter, which was in effect on June first, nineteen hundred
and thirty-five. Any employer seeking such exemption
shall submit his plan to the commission for approval.

MISCELLANEOUS PROVISIONS.

Section 49. Contributions made by employers to the contributions
fund in accordance with this chapter shall be considered '^^^^'^^^ ^^
ordinary and necessary expenses of the business of the em-

Funds to be

paid into
account.

Employment

service

account.

654

Acts, 1935. — Chap. 479.

Penalties.

Chapter,
how cited.

Constitution-
ality, effect of.

ReaerTations.

ployer, and deductible from gross income from professions,
employments, trades or businesses returnable for taxation
under chapter sixty-two, or from corporate income under
chapter sixty-three. Contributions made by employees
shall be deductible from gross income from wages or salaries
returnable for taxation under chapter sixty-two.

Section 50. Whoever wilfully makes a false statement or
representation to obtain or increase any benefit or other
payment under this chapter, either for himself or for any
other person, shall be punished by a fine of not less than
twenty-five nor more than one hundred dollars, or by im-
prisonment for not more than thirty days, or both. Each
such false statement or representation shall constitute a
separate and distinct offence.

Any employer or agent of an employer who wilfully
makes a false statement or representation to avoid or reduce
any contribution or benefit payment required of such
employer under this chapter, or who wilfully fails or refuses
to pay any such benefit or contribution, or to furnish any
reports, audits or information duly required by the com-
mission under this chapter, or makes or requires any deduc-
tion from wages to pay any portion of the contributions
required from employers under this chapter, or attempts
by threats or coercion of any kind to induce any employee
to waive any rights under this chapter, shall be punished
by a fine of not less than one hundred nor more than five
hundred dollars, or by imprisonment for not more than
ninety days, or both; and each such false statement or
representation, and each day of such failure and neglect,
and each such deduction from wages, and each such at-
tempt to coerce, shall constitute a separate and distinct
offence. If such employer or the employer of such agent is
a corporation, the president, the secretary and the treasurer,
or officers exercising corresponding functions, shall each be
subject to the aforesaid penalties for any violation of any
provision of this section, of which they, respectively, had or,
in the proper exercise of their duties, ought to have had
knowledge.

The commission or its authorized representative may
make complaint against any person for a violation of any
provision of this chapter within three years after the date
thereof. All fines collected under this section shall be paid
to the state treasurer and credited to the unemployment
compensation administration account.

Section 61 . This chapter shall be known as and may be
cited as the Unemployment Compensation Law.

Section 52. If any part, section or subdivision of this
chapter, or the application thereof, shall be held invalid,
unconstitutional or inoperative as to any particular person,
persons or conditions, the remainder hereof, or the applica-
tion of any such part, section or subdivision to other per-
sons and conditions, shall not be affected thereby.

Section 53. The general court reserves the right to

Acts, 1935. — Chap. 480. 655

amend, alter or repeal any provision of this chapter, and
no person shall be or be deemed to be vested with any
property or other right by virtue of the enactment of this
chapter.

Section 6. Chapter forty-nine of the acts of the Acceptance
Seventy-third Congress of the United States, Session I, ° ^
known as the Wagner-Peyser Act, is hereby accepted by
the commonwealth. The existing division of public em-
ployment offices is hereby transferred to the jurisdiction of
the unemployment compensation commission established
by this act. So far as is consistent herewith, such transfer
shall be accomplished without removing any officer or
employee or displacing or disturbing any part, section or
branch of said division.

Section 7. This act shall take effect upon its passage; Effective date.
provided, that no appointments shall be made hereunder,
nor shall the provisions relating to contributions and the
payment of benefits become operative, until the effective
date of a federal law imposing a tax for unemployment com-
pensation upon substantially the same base as provided by
paragraph (a) of section three of chapter one hundred and
fifty-one A of the General Laws and until the federal
authorities charged with the enforcement of said law grant
to employers contributing to the fund established under
said chapter one hundred and fifty-one A the credits pro-
vided by said law, or until such time as the governor of this
commonwealth officially declares that eleven of the fol-
lowing states (Alabama, Connecticut, Delaware, Georgia,
Illinois, Indiana, Iowa, Maine, Maryland, Michigan,
Minnesota, Missouri, New Hampshire, New Jersey, New
York, North Carolina, Ohio, Rhode Island, South Carolina,
Tennessee, Vermont) have in operation unemployment
compensation laws which impose burdens on employers
substantially equivalent to those imposed by this act. But
in the event that such federal law, after its passage, is de-
clared unconstitutional, the operation of this act shall
cease, and the provisions hereof shall not again become
effective until such time as the governor officially declares
that eleven of the above named states have in operation
unemployment compensation laws which impose burdens
on employers substantially similar to those imposed by
this act. Approved August 12, 1935.

An Act providing for a temporary additional tax (7/iap.480

UPON PERSONAL INCOMES, CORPORATIONS, SUCCESSIONS
AND LEGACIES.

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

656

Acts, 1935. — Chap. 481.

Be it enacted, etc., as follows:

Section 1. There is hereby imposed, in addition to the
taxes levied under the provisions of chapter sixty-two of the
General Laws, as appearing in the Tercentenary Edition,
and all acts in amendment thereof and in addition thereto,
taxes levied under the provisions of section nine of chapter
three hundred and seven of the acts of nineteen hundred
and thirty-three, and taxes levied under the provisions
of sections thirty to sixty, inclusive, of chapter sixty-three
of the General Laws, as appearing in the Tercentenary Edi-
tion, and all acts in amendment thereof and in addition
thereto, an additional tax equal to ten per cent of the
taxes imposed under the provisions of said sections, acts
and chapters, and all provisions of law relative to the
assessment, payment, collection and abatement of the said
taxes shall apply to the taxes imposed bj'' this section;
provided, that no tax assessed under this section in or on
account of the calendar year nineteen hundred and thirty-
five shall bear interest prior to October first of said year.

Section 2. All property subject to a legacy and suc-
cession tax under the provisions of chapter sixty-five of the
General Laws, as appearing in the Tercentenary Edition,
and of any further amendments thereof or additions thereto,
shall be subject to an additional tax of ten per cent of all
taxes imposed by said provisions. All provisions of law
relative to the determination, certification, payment, collec-
tion and abatement of such legacy and succession taxes
shall apply to the additional tax imposed by this section.

Section 3. All the taxes provided by sections one and
two shall be retained by the commonwealth.

Section 4. Section one shall apply only to the assess-
ment of taxes in or on account of the calendar year nine-
teen hundred and thirty-five. Section two shall apply
only to property or interests therein passing or accruing
upon the death of persons who die in the calendar year
nineteen hundred and thirty-five.

Approved Augusb IS, 19S5.

ChapASl ^N ^^'^ relative to the taxation of the excess of

GAINS over losses ACCRUING FROM THE SALES OF CER-
TAIN SHARES OF STOCK.

Be it enacted, etc., as follow s:

Section 1. Section five of chapter sixty-two of the
General Laws is hereby amended by striking out sub-
section (c), as most recently amended by section one of
chapter three hundred and sixty-three of the acts of nine-
teen hundred and thirty-four, and inserting in place thereof
the following: — (c) The excess of the gains over the losses
received by the taxpayer from purchases or sales of in-
tangible personal property, whether or not said taxpayer is
engaged in the business of dealing in such property, shall

G. L. (Ter.
Ed.), 62, § 5,
etc., amended.

Tax on excess
of gains, etc.

Acts, 1935. — Chap. 482. 657

be taxed at the rate of three per cent per annum. When
shares of new stock of the company, or of a partnership,
association or trust the beneficial interest in which is
represented by transferable shares, issuing the same re-
ceived as a stock dividend, or shares of stock which were
the basis of such stock dividend are sold, the basis of de-
termination of the gain or loss shall be the cost, when ac-
quired by purchase, or value when acquired by gift, of the
stock which was the basis of such stock dividend, appor-
tioned over the old and the new shares held after the re-
ceipt of such stock dividend, except that when the new
stock received as a dividend has been taxed, under this
chapter or under chapter three hundred and seven of the
acts of nineteen hundred and thirty-three, to the seller as a
dividend, the cost of such new stock when sold shall be
the value at which such stock was taxed. For the purpose
of this subsection, the cost of rights to subscribe to corpo-
rate securities and similar rights issued by unincorporated
associations shall be taken as zero, except that when ac-
quired by actual purchase in the open market the amount
actually paid therefor shall be taken as their cost. Any
trustee or other fiduciary may charge any taxes paid under
this subsection against principal in any accounting which
he makes as such fiduciary. If, in any exchange of shares
upon the reorganization of one or more corporations or of
one or more partnerships, associations or trusts, the bene-
ficial interest in which is represented by transferable shares,
the new shares received in exchange for the shares surren-
dered represent the same interest in the same assets, no
gain or loss shall be deemed to accrue from the transaction
until a sale or further exchange of such new shares is made.

Section 2. This act shall apply to income received Application
from such sales during the calendar year nineteen hundred °^ *'^*-
and thirty-five and thereafter.

Approved August 13, 1935.

An Act making certain necessary changes in the elec- QJidj) 4g2

TION LAWS incident TO THE REDIVISION OF CITIES INTO
WARDS.

Be it enacted, etc., as follows:

Section 1. Section fifty-four of chapter fifty-three of o. l. (Ter.
the General Laws, as amended by section twenty-one of ^tt! amended.
chapter three hundred and ten of the acts of nineteen hun-
dred and thirty-two, is hereby further amended by insert-
ing after the word "governor" in the seventeenth line the
following two new sentences: — At the second party pri- Delegates to
mary following the redivision of a city into wards under the
provisions of section one of chapter fifty-four there shall
be elected one delegate from each ward as established by
such redivision and such additional delegates, if any,
from such city as would be elected from the wards thereof

pre-pnmary
conventions.

658

Acts, 1935. — Chap. 483.

G. L. (Ter.
Ed.). 54, § 4.
amended.

When new
division of
cities into
wards takes
effect.

if no such redivision had been made. The state com-
mittee shall apportion the number of said additional dele-
gates by wards and notify the state secretary of such appor-
tionment on or before March first preceding said party
primary.

Section 2. Chapter fifty-four of the General Laws is
hereby amended by striking out section four, as appearing
in the Tercentenary Edition, and inserting in place thereof
the following: — Section 4- For all elections and primaries
held prior to the second party primary following a re-
division of a city into wards, and for the assessment of
taxes in the year following such a redivision, the wards as
existing previous to such redivision shall continue, and for
such purposes the election officers shall be appointed and
hold office, and voting lists shall be prepared, and all other
things required by law shall be done, as if no such re-
division had been made; provided, that the city council of
a city may, for the purposes of any municipal election and
its antecedent primary, if any, held prior to said party
primary, order that the new wards shall be in effect and
thereupon the mayor of such city may make such adjust-
ments in the personnel and assignments of election officers
as may be necessary. Approved August 13, 1935.

G. L. (Ter.
Ed.), 223, new
section 2A,
added.

Consolidation
of certain
actions.

Chap.4S3 An Act providing for trial together of two or more

ACTIONS ARISING OUT OF THE SAME MOTOR VEHICLE ACCI-
DENT PENDING IN DISTRICT COURTS.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and twenty-three of
the General Laws is hereby amended by inserting after
section two, as most recently amended by section two of
chapter three hundred and eighty-seven of the acts of
nineteen hundred and thirty-four, the following new sec-
tion:— Section 2 A. The appellate division of a district
court, upon motion of any principal party in an action of
tort in such district court arising out of an accident in
which a motor vehicle or trailer is involved, in case it
appears that one or more actions arising out of the same
accident are pending in another district court or courts,
may order the consolidation of such actions for the purpose
of trial and their trial together in one such district court to
be designated in the order; provided, that if such motions
are filed in more than one appellate division in actions
arising out of the same accident, all such motions shall be
referred for decision to the appellate division in which the
first motion is filed; and provided, further, that if all the
principal parties to all said actions agree upon such con-
sohdation and trial together in one such district court,
they shall be ordered to be so consolidated and tried in the
court agreed upon. The party making such motion shall
give notice thereof to the clerks of the district courts in

Acts, 1935. — Chaps. 484, 485.

659

which said actions are pending and to all parties to such
actions, and thereafter none of said actions shall be placed
on the trial list until the disposition of said motion. This
section shall apply only to actions as to which the time
limit for removal to the superior court under sections one
hundred and two A and one hundred and four of chapter
two hundred and thirty-one has expired.

Section 2. The appellate divisions of the northern, Rules,
southern and western districts and the chief justice of the
municipal court of the city of Boston, acting jointly, shall
make rules to carry out the purpose of section one.

Section 3. Section one of this act shall become opera- Effective date.
tive on October first in the current year and the remainder
thereof on its passage. Approved August 13, 1935.

An Act relative to representation of the industrial nhnnj aqa

ACCIDENT BOARD IN WORKMEN'S COMPENSATION CASES IN ^'

COURT AND TO SPEEDY HEARINGS IN SUCH CASES IN THE
SUPERIOR COURT.

Be it enacted, etc., as follows:

Section eleven of chapter one hundred and fifty-two of g. l. (Ter.
the General Laws, as amended by section one of chapter ^Ulltc.',
one hundred and twenty-nine of the acts of nineteen hun- amended,
dred and thirty-two, is hereby further amended by adding
at the end thereof the following new paragraph : — In the Powers of
event of certification or appeal to the superior court in in^ertSn°'"*
accordance with this section, except in cases concerning ^J^j^^^^g^'^tion
employees of the commonwealth, the industrial accident cases.
board shall thereupon become a party to the proceedings
and the attorney general shall, if requested by the industrial
accident board, represent said board in any matter relating
thereto. The chief justice of the superior court shall, in all
counties, arrange hearings on workmen's compensation cases
so that they shall be heard more speedily than other matters
coming before the court sitting without a jury; and in the
county of Suffolk said chief justice shall assign at least one
day in each week, during which a justice shall devote his
time first to hearings on workmen's compensation cases, to
the end that there may be a speedy disposition thereof.

Approved August I4, 1935.

An Act further enlarging the powers of the state r<hn^ 485

BOARD OF housing AND OF LOCAL HOUSING AUTHORITIES. ^'

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and twenty-one of the g.l. (Ter.
General Laws is hereby amended by inserting after section section 24B,^''
twenty-four A, inserted by section two A of chapter four ^'^'^^-

660

Acts, 1935. — Chap. 485.

Powers of
state board of
houHinz and
of local hous-
ing authorities.

G. L. (Ter.
Ed.), 121,
§26Q, etc.,
amended.

Co-operation
with federal
authorities.

hundred and forty-nine of the acts of the current year, the
following new section: — Section 24B. For the purpose of
aiding and co-operating in the undertaking, construction or
operation by the United States of America or any agency
or instrumentality thereof of any project in the common-
wealth to relieve congestion of population and provide
dwelling accommodations for mechanics, laborers, wage
earners of any kind, or other citizens of the commonwealth,
the housing board may, with the consent of the governor
and council, take by eminent domain under chapter seventy-
nine or chapter eighty A any land or interest therein for
such project, but only in case said United States obligates
itself to save the commonwealth harmless from any expense
on account of any such taking; and the housing board, upon
such terms and conditions as it shall determine, may grant,
sell, convey, lease or deliver possession of property so taken
to the United States of America or such agency or instru-
mentality thereof; provided that such property shall not be
sold at less than the cost thereof. The purpose for which
such acquisition of property by the housing board is herein
authorized is hereby declared to be a public purpose for
which private property may be acquired by eminent domain.
Section 2. Section twenty-six Q of said chapter one
hundred and twenty-one, inserted by section five of said
chapter four hundred and forty-nine, is hereby amended
by inserting after subdivision (6) the following new sub-
division:— (c) For the purpose of aiding and co-operating
in the undertaking, construction or operation by the United
States of America or any agency or instrumentality thereof,
but only in case said United States obligates itself to save
the commonwealth and its pohtical subdivisions harmless
from any expense on account of any such taking of any
project located within the area in which it is empowered
to act, any housing authority may take by eminent domain
under chapter seventy-nine or chapter eighty A any prop-
erty, real or personal, or any interest therein, found by it
to be necessary or reasonably required for such project;
and the housing authority, upon such terms and conditions
as it shall determine, may grant, sell, convey, lease or
deUver possession of property so taken to the United States
of America or such agency or instrumentality thereof. The
purpose for which such acquisition of property by a hous-
ing authority is herein authorized is hereby declared to be
a public purpose for which private property may be ac-
quired by eminent domain. Any housing authority may
exercise the power of eminent domain for the purposes of
this subdivision without regard to any of the limitations
or restrictions provided in this chapter with respect to its
acquiring property for other purposes by eminent domain,
purchase or otherwise. Approved August I4, 1935.

Acts, 1935. — Chaps. 486, 487. 661

An Act authorizing the town of walpole to use cer- Chap. 4:86

TAIN PARK LAND FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. The town of Walpole is hereby authorized
to use for school and school yard purposes a portion of
Memorial Park, so called, located in said town and bounded
and described as follows : — Beginning at a cross-cut at the
southerly corner of said park at an angle point in the north-
westerly side line of School street; thence running N 48-40-
45 W two hundred and eighty-four and seventy one hun-
dredths feet along the side line of the present Stone School
lot to a point; thence N 41-54-15 E three hundred and
fifty feet to a point ; thence S 48-40-45 E one hundred and
seventy-nine and ninety-four one hundredths feet to a
point in the northwesterly side line of said School street;
thence turning and running S 25-14-30 W three hundred
and sixty-five and thirty-four one hundredths feet along
the side line of said School street to the point of beginning.
Said parcel contains eighty-one thousand square feet, more
or less, and is shown on a plan entitled "Plan of Portion
of Memorial Park, Walpole, Mass. to be transferred to
School Purposes," by F. F. Libby, town engineer, dated
August seventh, nineteen hundred and thirty-five.

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

Approved August 14, 1935.

An Act relative to the widening and reconstruction (7/^^7^.487
OF ocean avenue in the city of revere by the

DEPARTMENT OF PUBLIC WORKS.

Whereas, The deferred operation of this act would tend Emergency
to 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:

Section 1. Section two of chapter three hundred and
seventy-five of the acts of nineteen hundred and thirty-
four is hereby amended by striking out, in the seventh and
eighth lines, the words "five hundred and sixty" and insert-
ing in place thereof the words : — six hundred and ten, —
so as to read as follows: — Section 2. The cost of the work
provided for by section one, including any damages awarded
or paid on account of any taking of land or property there-
for, or for injury to the same, and any sums paid for lands
or rights purchased, and all other expenses incurred in
carrying out the provisions of this act, shall be deemed to
be the cost of the work; provided, such cost shall not ex-
ceed, in the aggregate, the sum of six hundred and ten
thousand dollars.

Section 2. Said chapter three hundred and seventy-

662 Acts, 1935. — Chap. 488.

five is hereby further amended by striking out section three
and inserting in place thereof the following : — Section 3.
The department may, on behalf of the commonwealth, take
by eminent domain under chapter seventy-nine of the Gen-
eral Laws, or acquire by purchase or otherwise, such public
or private lands, public parks or reservations, or parts
thereof or rights therein, or lands or rights therein under
the control of the metropolitan district commission, or pub-
lic ways, as it may deem necessary for carrying out the
provisions of section one, including such land or rights in
land as may be necessary for the construction of any neces-
sary drainage outlets; provided, that no damages shall be
paid for public lands, parks, parkways, reservations or
pubHc ways so taken.

Section 3. Section four of said chapter three hundred
and seventy-five is hereby repealed.

Section 4. Said chapter three hundred and seventy-
five is hereby further amended by striking out section five
and inserting in place thereof the following : — Section 6.
Of the total cost of the work provided for by section one,
one half shall be paid by the commonwealth from such
appropriations as may hereafter be made, not exceeding
two hundred thousand dollars being paid from the Highway
Fund of nineteen hundred and thirty-four, and the balance
not exceeding one hundred and five thousand dollars from
the Highway Fund of nineteen hundred and thirtj'^-five ; one
fourth by the city of Revere ; and one fourth by the muni-
cipalities of the metropolitan parks district, including the
city of Revere, in proportion to the respective taxable valu-
ations of the property of said municipalities as defined in
section fifty-nine of chapter ninety-two of the General Laws,
the same to be assessed on said municipalities in the year
nineteen hundred and thirty-six.

Section 5. Chapter three hundred and seventy-five is
hereby further amended by adding at the end thereof the
following new section: — Section 7. When the work herein
authorized shall have been completed, said Ocean avenue
shall be under the control of said city of Revere and shall be
kept in good condition and repair by it, except that any
portion thereof belonging to the metropolitan district com-
mission shall remain under the control of said commission.

Approved August I4, 1935.

Chav.4:8S -^^ ^^'^ reallocating the cost of the repair of the

blade's ferry bridge, so called, over the TAUNTON

river.

Emergency Whercas, 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.

Acts, 1935. — Chap. 488. 663

Be it enacted, etc., as follows:

Section 1. Section one of chapter three hundred and
sixty-seven of the acts of nineteen hundred and thirty-four
is hereby amended by striking out, in the fourteenth hne,
the word "forty" and inserting in place thereof the word: —
thirty, — so as to read as follows : — Section 1 . The de-
partment of pubhc works, hereinafter called the depart-
ment, is hereby authorized and directed to repair and
render safe and adequate for public travel and use for
highway purposes the bridge over the Taunton river be-
tween the city of Fall River and the town of Somerset,
commonly called the Slade's Ferry bridge; provided, that
the New York, New Haven and Hartford Railroad Com-
pany contributes and pays into the state treasury toward
the cost of said work such sum as will, when added to the
total of the sums expended by said company in removing
the damaged span and cylinders and other wreckage from
said bridge and in repairing, relaying and protecting cables,
wires and other property on account of the damage to the
bridge, amount to not exceeding thirty thousand dollars.
The draw in said bridge, if altered hereunder, shall be in
such location and of such width and construction as the
department may determine, subject to the approval of the
proper federal authorities.

Section 2. Section two of said chapter three hundred
and sixty-seven is hereby further amended by inserting
after the word "hundred" in the second line the words: —
and twenty-five, — and by striking out, in the twelfth hne,
the words "the current year" and inserting in place thereof
the words : — nineteen hundred and thirty-four and item
six hundred and forty-five of chapter two hundred and
forty-nine of the acts of nineteen hundred and thirty-
five, — so as to read as follows: — Section 2. The cost
of the work hereunder shall not exceed two hundred and
twenty-five thousand dollars. Fifty per cent of said cost
shall be paid by the commonwealth, and of the balance of
said cost over and above the amounts payable by the com-
monwealth and by said railroad as aforesaid, seventy-four
per cent shall be paid by the city of Fall River, fifteen per
cent by the town of Somerset and eleven per cent by the
town of Swansea. The share of the commonwealth in said
cost, and, in the first instance, the shares of said city and
towns therein, shall be paid by the commonwealth from
item five hundred and seventy-four of chapter one hundred
and sixty-two of the acts of nineteen hundred and thirty-
four and item six hundred and forty-five of chapter two
hundred and forty-nine of the acts of nineteen hundred
and thirty-five. Upon the completion of the work herein
authorized, the amounts payable by said city and towns
as aforesaid shall be added to their respective quotas of
the state tax, one half thereof in the year following the
year in which so completed and one half in the next succeed-
ing year.

664 Acts, 1935. — Chap. 489.

Section 3. This act shall take full effect upon its ac-
ceptance by the mayor and city council of the city of
Fall River, by the selectmen of the towns of Swansea and
Somerset and by the directors of the New York, New
Haven and Hartford Railroad Company, and the filing
of certified copies of such acceptances in the office of the
state secretary.

Section 4. Nothing contained in or done under the
authority of said chapter three hundred and sixty-seven
or of this act shall be construed to repeal, alter or amend
any provision of chapter forty-four of the acts of nineteen
hundred and thirty-one or to affect or modify in any way
any action taken under its provisions.

Approved August 14, 1936.

Chap.AS9 An Act kelative to the taxation of incomes and of

CERTAIN BUSINESS AND MANUFACTURING CORPORATIONS.

Be it enacted, etc., as follows:

Section 1. Section nine of chapter three hundred and
seven of the acts of nineteen hundred and thirty-three is
hereby amended by inserting after the word "banks" in
the eleventh line the words: — , and income received by
any inhabitant of the commonwealth during the year nine-
teen hundred and thirty-six from such dividends, other
than stock dividends paid in new stock of the company
issuing the same, — so as to read as follows : — Section 9.
Income received by any inhabitant of the commonwealth
during the years nineteen hundred and thirty-three, nine-
teen hundred and thirty-four and nineteen hundred and
thirty-five from dividends on shares in all corporations,
joint stock companies and banking associations, organized
under the laws of this commonwealth or under the laws of
any state or nation, except co-operative banks, building
and loan associations and credit unions chartered by the
commonwealth, and except savings and loan associations
under the supervision ©f the commissioner of banks, and
income received by any inhabitant of the commonwealth
during the year nineteen hundred and thirty-six from such
dividends, other than stock dividends paid in new stock of
the company issuing the same, shall be taxed at the rate
of six per cent per annum. Except as otherwise provided
in this section, the provisions of chapter sixty-two of the
General Laws, as amended, shall apply to the taxation of
income received by any such inhabitant during said years.
Subsection {h) of section one of said chapter sixty-two
shall not apply to income received during said years.

Section 2. Section nine A of said chapter three hundred
and seven is hereby amended by striking out, the third
time it appears in the ninth line, the word "and" and in-
serting in place thereof a comma, — and by inserting after
the word "thirty-five" in the tenth line the words: — and

Acts, 1935. — Chap. 489. 665

nineteen hundred and thirty-six, — so as to read as fol-
lows:— Section 9 A. The credit for dividends paid to in-
habitants of this commonwealth by foreign corporations
provided by section forty-three of chapter sixty-three of
the General Laws in determining the tax leviable on such
corporations under paragraph (2) of section thirty-nine of
said chapter sixty-three shall not be allowed to foreign
corporations or to foreign manufacturing corporations in
respect to dividends so paid in the years nineteen hundred
and thirty-three, nineteen hundred and thirty-four, nine-
teen hundred and thirty-five and nineteen hundred and
thirty-six.

Section 3. Said chapter three hundred and seven is
hereby amended by striking out section ten and inserting
in place thereof the following: — Section 10. Every cor-
poration organized under the laws of this commonwealth,
and every corporation doing business therein, including
every banking association organized under the laws of any
state or nation, and every partnership, association or trust
the beneficial interest in which is represented by transfer-
able shares, doing business in the commonwealth unless
the dividends paid on its shares are exempt from taxation
under said section one of said chapter sixty-two shall in
nineteen hundred and thirty-four, nineteen hundred and
thirty-five, nineteen hundred and thirty-six and nineteen
hundred and thirty-seven file with the commissioner of
corporations and taxation, hereinafter called the commis-
sioner, in such form as he shall prescribe, a complete list
of the names and addresses of its shareholders as of record
on December thirty-first next preceding, or on any other
date satisfactory to the commissioner, or in its discretion,
of such shareholders as are residents of the commonwealth,
together with the number and class of shares held by each
shareholder, and the rate of dividends paid on each class
of stock for said preceding year. The second paragraph
of section thirty-three of said chapter sixty-two shall not
apply to returns relative to shareholders receiving dividends
in the years nineteen hundred and thirty-three, nineteen
hundred and thirty-four, nineteen hundred and thirty-five
and nineteen hundred and thirty-six.

Section 3A. Section eleven of said chapter three hun-
dred and seven is hereby amended by striking out, in the
third and fourth lines, the words "and nineteen hundred and
thirty-six" and inserting in place thereof the words: — ,
nineteen hundred and thirty-six and nineteen hundred and
thirty-seven, — so as to read as follows: — Section 11.
The state treasurer shall, on or before November twentieth,
in the years nineteen hundred and thirty-four, nineteen
hundred and thirty-five, nineteen hundred and thirty-six
and nineteen hundred and thirty-seven, distribute to the
several cities and towns, in proportion to the amounts of
state tax imposed upon such cities and towns in said years,
respectively, the proceeds of the taxes collected by the com-

666

Acts, 1935. — Chap. 489.

G. L. (Ter.
Ed.). 62, § 1,
amended.

Taxation of
income from
trusts, etc.

monwealth under section nine of this act, after deducting a
sum sufficient to reimburse the commonwealth for the ex-
penses incurred in the collection and distribution of said
taxes, and for such of said taxes as have been refunded under
section twenty-seven of chapter fifty-eight of the General
Laws, as appearing in the Tercentenary Edition thereof,
during said years, together with any interest or costs paid
on account of refunds, which shall be retained by the com-
monwealth; provided, that the state treasurer may with-
hold out of the amount to which any city or town would
otherwise be entitled as aforesaid so much thereof as is
necessary to pay the principal or interest of any bonds or
notes issued by such city or town under section two and
then held by the commonwealth and remaining unpaid,
and thereafter interest shall be payable only on the balance
of such bonds or notes remaining unpaid. Any amount
payable to a city or town hereunder shall be included by
the assessors thereof as an estimated receipt, and be de-
ducted, in accordance with the provisions of section twenty-
three of chapter fifty-nine, from the amount required to
be raised by taxation to meet appropriations made in such
years for public welfare, soldiers' benefits and maturing
debts, in that order.

Section 4. Section one of chapter three hundred and
seventeen of the acts of nineteen hundred and thirty-four
is hereby amended by striking out, the second time it
appears in the second line, the word "and" and inserting
in place thereof a comma, — and by inserting after the
word "thirty-six" in the third line the words: — and nine-
teen hundred and thirty-seven, — so that the first para-
graph will read as follows : — During the years nineteen
hundred and thirty-four, nineteen hundred and thirty-five,
nineteen hundred and thirty-six and nineteen hundred and
thirty-seven, every corporation subject to the provisions
of section thirty-eight B of chapter sixty-three of the Gen-
eral Laws, as appearing in the Tercentenary Edition, shall,
except as provided in section fifty-six A of said chapter, as
amended by section three hereof, pay annually a minimum
excise of not less than the amount, if any, by which the sum
of (1), (2), (3) and (4) following exceeds six per cent of the
dividends paid by such corporation during the year cor-
responding to that in which the income is received : —

Section 5. Any reference in said chapter three hundred
and seventeen to section nine of chapter three hundred and
seven of the acts of nineteen hundred and thirty-three shall
be taken to refer to said section, as amended by section one
of this act.

Section 6. Subsection (c) of section one of chapter
sixty-two of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by inserting after
paragraph Second the following new paragraph: —

Third, Partnerships, associations or trusts, the beneficial
interest in which is represented by transferable shares, en-

Acts, 1935. — Chap. 490.

667

gaged principally in the ownership, management or opera-
tion of real estate, which file with the commissioner the
agreement hereinafter provided for.

Section 7. Subsection (e) of said section one of said
chapter sixty-two, as so appearing, is hereby amended by
striking out, in the second line, the word "and" and insert-
ing in place thereof a comma, — and by inserting after the
word "second" in the same hne the words: — and third, —
so as to read as follows: — (e) Dividends on shares of any
partnership, association or trust, of the classes designated
in paragraphs first, second and third of subsection (c), shall
be subject to taxation under this section unless the trustees
or managers thereof file with the commissioner, in such
form as he determines, its agreement to pay to the com-
monwealth annually the tax imposed by subsection (d) and
any tax imposed by section five. In case of any breach
of the terms of any such agreement, the same may be en-
forced by information in equity brought by the attorney
general at the relation of the commissioner in the supreme
judicial court for Suffolk county. This remedy shall be
in addition to all other means of collection provided by
this chapter, and to the penalties hereinafter imposed.

Section 8. Subsection (b) of section five of said chapter
sixty-two, as so appearing, is hereby amended by inserting
after the word "government" in the sixth and seventh lines
the words : — , so far as the taxation of such wages and
salaries is constitutionally prohibited, — so as to read as
follows : — (h) The excess over two thousand dollars of the
income, as defined in section six, derived from professions,
employments, trade or business shall be taxed at the rate
of one and one half per cent per annum. In determining
such income the rental value of living quarters furnished
any individual as part of his compensation shall be included.
The wages and salaries of employees and officers of the
United States government, so far as the taxation of such
wages and salaries is constitutionally prohibited, shall not
be taxed. Retirement allowances, however described, from
the commonwealth or any county, city, town or district
thereof, or from any person, if not exempt by law, and
interest received in the course of business by persons sub-
ject to the provisions of sections seventy to eighty-five,
inclusive, of chapter one hundred and forty, shall be taxed
under this subsection. Approved August 14, 1935.

G. L. (Ter.
Ed.). 62, § 1,
further
amended.

Taxation of

certain

dividends.

G. L. (Ter.
Ed.), 62. § 5,
amended.

Tax on income
from profes-
eions, etc.

An Act relative to the retirement of charles w.
parker, retired commandant of the soldiers* home.

Be it enacted, etc., as follows:

Section 1. For the purpose of determining the eligi-
bility of Charles W. Parker, for many years a faithful
employee, and until recently commandant, of the Soldiers'
Home in Massachusetts, to receive a pension under sec-

Chap. 4:90

668 Acts, 1935. — Chaps. 491, 492.

tions fifty-six to fifty-nine, inclusive, of chapter thirty-two
of the General Laws, the service of said Parker at said
home prior to December first, nineteen hundred and thirty-
four, shall be considered as service for the commonwealth.
Section 2. This act shall take effect as of January first
in the current year. Approved August 14, 19S5.

Chap.4Ql An Act relative to the construction of a new high

LEVEL BRIDGE OVER WEYMOUTH FORE RIVER TO REPLACE
THE FORE RIVER BRIDGE, SO CALLED.

Be it enacted, etc., as follows:

Section three of chapter three hundred and forty-eight
of the acts of nineteen hundred and thirty-three is hereby
amended by striking out the word "two" the second time
it occurs in the seventh line and inserting in place
thereof the word: — five, — so as to read as follows: —
Section 3. The cost of constructing said bridge and land
takings for the same, including any damages awarded or
paid on account of any taking of land or property therefor,
or any injury to the same, any sums paid for lands or rights
purchased, and all other expenses incurred in carrying out
the provisions of section one, shall not exceed, in the aggre-
gate, two million five hundred thousand dollars. The de-
partment may make a contract or contracts for said con-
struction involving the expenditure of funds not exceeding
the amount herein authorized to be expended, upon receipt
of assurance from the proper federal authorities that the
federal government will furnish by grant or loan, or both,
under the National Industrial Recovery Act, the funds
necessary to meet the cost of said construction, notwith-
standing the provisions of section twenty-seven of chapter
twenty-nine of the General Laws, as appearing in the Ter-
centenary Edition thereof. To meet expenses incurred, in
anticipation of the securing of funds under said act, in
carrying out said construction, expenditures may be made
from the appropriation made by item five hundred and
seventy-nine of chapter one hundred and seventy-four of
the acts of the current year. Approved August 14, 1935.

Chap.4Q2 An Act to provide for the construction of tunnels or

SUBWAYS IN THE CITY OF BOSTON AND THE PURCHASE AND
REMOVAL OF CERTAIN ELEVATED STRUCTURES IN SAID
CITY, WITH THE AID OF FEDERAL FUNDS.

Be it enacted, etc., as follows:

Section 1. The following words as used in this act
shall, unless the context otherwise requires, have the fol-
lowing meanings: —

"City" shall mean the city of Boston.

"Company" shall mean the Boston Elevated Railway
Company, its successors and assigns.

Acts, 1935. — Chap. 492. 669

"Department" shall mean the transit department of the
city of Boston, or such board or officers as may succeed
to its powers and duties.

"Board" shall mean the Emergency Finance Board,
established under section one of chapter forty-nine of the
acts of nineteen hundred and thirty-three.

"Premises" shall mean the property authorized to be
acquired or constructed by the department under the pro-
visions of sections two and five of this act, except equip-
ment and elevated structures.

"Equipment" shall mean the property which the depart-
ment is authorized to provide and furnish under the pro-
visions of section three of this act.

"Elevated structure" shall mean elevated structure of
the company including terminals, stations, shelters, en-
closed areas, yards and structures appurtenant thereto,
ballast, tracks, rails, fastenings, frogs, switches, switch
stands, ties, tie plates, wires, poles, signals, conduits, light-
ing and power distribution systems, fences, barriers, station
equipment and incidental apparatus and all land or rights
or interests therein whether acquired in connection with the
construction and use of said elevated structure or other-
wise, not including, however, any rolling stock.

Whenever any act is required or authorized to be done
or performed by the department, such action shall be in
the name of and on behalf of the city of Boston, and when-
ever any action is required or permitted to be taken by the
city, such act shall be performed by the department, unless
otherwise expressly provided.

Section 2. Provided the board and the governor ap-
prove any public works project as hereinafter authorized,
and provided the proper federal authorities approve a grant
therefor of federal money under section two hundred and
three of Title II of the National Industrial Recovery Act,
or under the joint resolution of congress known as the
Emergency Relief Appropriation, Act of 1935, and the con-
ditions hereinafter set forth are complied with, the depart-
ment may construct a tunnel or subway connecting with
the present Washington street tunnel at or near the northerly
end of the Union-Friend station and extending to a point
at or near the present Sullivan square terminal of the com-
pany in that part of the city known as Charlestown, and
a tunnel or subway connecting with said Washington street
tunnel at or near Kneeland street and extending to a point
at or near the Dudley street terminal of the company in
that part of the city known as Roxbury, or such other point
south of said Dudley street terminal as the mayor of the
city may determine, or either or any part of such tunnels
or subways, and may purchase of the company, in accord-
ance with the provisions of section ten, all its right, title
and interest in and to all or any part of the present elevated
structure, beginning at and connecting with said Washing-
ton street tunnel at its northerly terminus and extending

670 Acts, 1935. — Chap. 492.

to a point at or near said Sullivan square terminal, and
all or any part of the present elevated structure beginning
at and connecting with said Washington street tunnel at
its southerly terminus and extending to a point at or near
said Dudley street terminal or such other point determined
as aforesaid, and may remove all or any part of said ele-
vated structure so purchased by the city. The depart-
ment, in connection with the construction of any such
tunnel or subway, shall lay out and construct therefor
suitable terminals, stations, transfer areas, connections with
the remaining elevated structures of the company to be
operated by the company in connection with such tunnel
or subway and also any other structures deemed by the
department to be necessary for the safe and convenient
operation of such subway or tunnel. In connection with
the construction of any such tunnel or subway or other
work authorized by this act the department shall have all
the powers conferred upon the Boston transit commission
by chapter seven hundred and forty-one of the acts of
nineteen hundred and eleven and acts in amendment thereof
and in addition thereto. Any such project, so approved,
shall be carried out in all respects subject to the provisions
of said Title II or of said joint resolution, as the case may
be, and to such terms, conditions, rules and regulations
not inconsistent with applicable federal laws and regula-
tions, as the board may establish, with the approval of the
governor, to ensure the proper execution of said project.
The city may accept and use for carrying out any project,
so approved, any grant, or any grant and loan, of federal
funds under section two hundred and three of said Title II,
or under said joint resolution, as the case may be.

Section 3. The department shall provide, equip and
furnish any tunnel or subway or any part thereof con-
structed under the provisions of section two, including
terminals, stations, shelters, enclosed areas, yards and
structures appurtenant thereto with all necessary ballast,
tracks, rails, fastenings, frogs, switches, switch stands, ties,
tie plates, wires, poles, signals, conduits, lighting and power
distribution systems, fences, barriers, station equipment
and incidental apparatus, and in general shall completely
equip and furnish the same with all property, appliances,
apparatus, machinery, furniture and fixtures proper and
adapted thereto and necessary for the convenient mainte-
nance and operation of such a tunnel or subway or part
thereof, not including, however, any rolling stock.

Section 4. The department may make such prelimi-
nary investigations, surveys and plans as it may deem
expedient and to that end the department, its employees
or any other persons acting with its authority may enter
upon any lands, or places, without being liable in trespass,
in order to make surveys and investigations, and may place
and maintain marks and monuments thereon, and make
borings and excavations and do all other acts necessary

Acts, 1935. — Chap. 492. 671

for such investigations, surveys and the preparation of
plans. The department may expend such sum, not ex-
ceeding twenty thousand dollars, as it deems necessary
therefor, to be paid by the treasurer of the city of Boston,
but if construction is begun hereunder the amount so
expended shall be charged to and become part of the cost
of construction.

No taking, use, purchase, or acquisition under section
five shall be made and no work of construction shall be
begun unless and until plans for such construction shall be
approved by the mayor of the city, and unless and until a
contract between the city and the company shall be exe-
cuted for the sole and exclusive use by the company of
the premises and equipment, or such part thereof as is
shown on the plans so approved, and for the purchase by
the city of the whole or part of the elevated structures of
the company, in accordance with the provisions set forth
in section ten, and unless and until the approval of the
board, the governor and the proper federal authorities
provided for in section two shall be obtained. Any plans
so approved may be altered at any time by a new plan
approved in like manner except that after the execution
of said contract no such alteration shall be made without
the consent thereto of the company in writing.

Section 5. For the purpose of carrying out the pro-
visions of this act, the department may use, without com-
pensation therefor, public lands and ways, and may acquire
on behalf of the city by purchase or otherwise, and may
take by eminent domain, under chapter seventy-nine of
the General Laws or any alternative method now or here-
after provided by general law, lands in fee, including build-
ings thereon, and easements, estates and rights in land,
including the right to go under the surface thereof, or
through or under buildings or' parts of buildings thereon,
or any leasehold rights, or other rights therein or relative
thereto, including any and all lands, easements and rights
owned by any railroad company; such taking in fee or
otherwise may be made whether the land or other rights
taken or otherwise affected are held under or by title
derived by eminent domain or otherwise, and the depart-
ment may, for such purpose, acquire for the city by pur-
chase or otherwise, or may take, any property and rights
of any kind deemed by it essential to the construction of
said public works projects. Such taking in fee or other-
wise may be made for the purpose of providing locations
for pipes, wires, conduits and other structures, the reloca-
tion of which is made necessary or expedient by the con-
struction authorized by this act. A taking or purchase
under this section of an easement or other estate or right
in a given parcel of real estate or any right taken, whether
such parcel or other right taken consists of unimproved
land or of land and buildings or rights of any nature, may
be confined to a portion or section of such parcel or right

672 Acts, 1935. — Chap. 492.

fixed by planes of division, or otherwise, below or above or
at the surface of the soil, and in such case no taking need
be made of upper or lower portions, or other parts or
sections thereof, except of such easements therein, if any,
as the department may deem necessary. The department
shall, so far as may be practicable, notify all known owners
of such takings, but the validity thereof shall not be affected
by want of such notice. Any person sustaining damage by
reason of property or rights in property taken or injured
by the department under authority of this act, except
public lands and ways which may be taken and used with-
out compensation as hereinbefore provided, shall be en-
titled to recover the same from the city under said chapter
seventy-nine or under other provisions of law providing an
alternative method of taking by eminent domain, as the
case may be. The members of the department shall not
be liable personally for any such damage. For the purpose
of constructing the work authorized by this act the depart-
ment may enter upon and use the land of others. Any
person injured in his property by such entry or use of his
land by the department may recover his damages under
chapter seventy-nine of the General Laws. To such extent
and under such conditions as the mayor of the city may
from time to time determine, all action taken by the de-
partment under this section shall be with the written
approval of the mayor.

Section 6. The department may sell the buildings or
other structures upon any lands taken by it, or may remove
the same, and shall sell, if a sale be practicable, or if not,
shall lease, if a lease be practicable, any lands or rights or
interests in lands or other property taken or purchased for
the purposes of this act, whenever the same shall, in the
opinion of the department, cease to be needed for the said
purpose. The department may sell any or all of the ele-
vated structures purchased by the city as salvage or other-
wise. The proceeds of any such sale or lease shall be used
for the payment of costs of construction, or for the pay-
ment of interest on the bonds authorized to be issued under
section nine or for the payment or the retirement of such
bonds, as the department shall determine.

Section 7. The department may order the removal or
relocation of any surface tracks, and the removal or re-
location of any conduits, pipes, wires, poles, or other prop-
erty located in public ways or places, which it deems to
interfere with the laying out, construction or operation of
the public works projects authorized by this act, and shall
grant new locations for any such structures so removed or
relocated. Such orders, to the extent specified therein,
shall be deemed a revocation of the right or license to
maintain such tracks, pipes, conduits, wires, poles, or other
property in such public ways or places, and the owner of
any such structures in public ways or lands shall comply
with such orders without expense to the city. If any such

Acts, 1935. — Chap. 492. 673

owner shall fail to comply with the order of the department
within a reasonable time, to be fixed in the order, the
department may discontinue and remove such tracks, con-
duits, pipes, wires, poles or other property, and may re-
locate the same, and the cost of such discontinuance,
removal or relocation shall be repaid to the city by the
owner. No such discontinuance, removal or relocation
shall entitle the owner of the property thus affected to
any damages on account thereof. Any such structure in
or upon private lands may be removed and relocated by
the department, or, if removed and relocated by the owner
thereof, the reasonable expense shall be repaid to him by
the department. Any gas or electric lighting company
shall shut off the gas or current from any pipes or wires
affected by any acts done hereunder, so far and for such
time as may be necessary to prevent the escape or explosion
of gas, or other public danger. This section shall not
apply to facilities on property of the commonwealth under
the control of the department of public works or installed
under Ucenses or permits granted by said department,
except with its approval.

Section 8. All work done under this act, under or
near public streets and places, shall be conducted, so far
as may be practicable, in such manner as to leave such
streets and places or a reasonable part thereof, open for
traffic between the hours of seven in the forenoon and six
in the afternoon of each secular day, except legal hoHdays,
and as to permit the safe operation of service upon existing
elevated structures and connections until beginning of use
of the premises by the company.

Section 9. For the purpose of meeting the cost of any
public works project authorized by this act, the city may
borrow from the United States of America or other sources,
or both, such sums as may be fixed by the board; and the
treasurer of the city may, from time to time, on request of
the department, with the approval of the mayor of the
city, and without further authorization than herein con-
tained, issue and sell at pubHc or private sale bonds of the
city, registered or with interest coupons attached, as he
may deem best. Such bonds shall be designated on their
face "Tunnel Extension Bonds, City of Boston, Act of
1935". The board shall fix the terms of and maximum
rates of interest on such bonds, which terms and rates of
interest, in case of obligations to be issued to the United
States of America, shall be fixed in accordance with the
applicable federal laws and regulations and subject to the
approval of the proper federal authorities. AU indebted-
ness incurred by the city under the authority of this act
shall be outside the statutory limit of indebtedness of the
city and shall not in any way affect or limit the power of
the city to borrow under the provisions of section two of
Part I of chapter three hundred and sixty-six of the acts
of nineteen hundred and thirty-three, as most recently

674 Acts, 1935. — Chap. 492.

amended by chapter four hundred and four of the acts of
nineteen hundred and thirty-five, or to borrow under any
other provisions of law now or hereafter in force.

Section 10. The department may, with the approval
of the mayor, execute a contract with the company upon
the terms and conditions herein prescribed for the sole and
exclusive use of the premises and equipment, or any part
thereof, by the company for the running of trains and cars
therein and thereon, and for such other uses as the depart-
ment and the company may agree. Said contract shall
provide that the company shall convey to the city and the
city shall purchase of the company at such time as the
department and the company shall agree upon and set
forth in said contract all of the right, title and interest of
the company in and to the elevated structures described
in section two or such part thereof as the department and
the company shall agree upon and set forth in said contract
and that the company shall receive as full compensation
for such conveyance and for any loss or damage which may
result to the company by reason of the construction of the
premises and equipment, or any part thereof, or by reason
of the removal of the elevated structures conveyed as
aforesaid, the right to the sole and exclusive use of said
premises and equipment, or such part thereof as the de-
partment and the company shall agree upon and set forth
in said contract, without the payment of rental therefor,
for a term of forty years, beginning with the use thereof.
Said contract shall further provide that the existing con-
tract for the use of the Washington street tunnel shall not
be terminated by either party thereto prior to the expira-
tion of said term of forty years. The use of such premises
and equipment shall begin upon certification by the depart-
ment of pubhc utihties that such premises and equipment
are in safe and proper condition for operation. Said con-
tract shall not in any respect impair any right which the
commonwealth or any political subdivision thereof may
at any time have to take the railway properties of the
company or any right which the commonwealth or any
political subdivision thereof has under section sixteen of
chapter one hundred and fifty-nine of the Special Acts of
nineteen hundred and eighteen or under section seventeen
of chapter three hundred and thirty-three of the acts of
nineteen hundred and thirty-one.

Section 11. The provisions of chapter five hundred
and fifty of the acts of nineteen hundred and seven, as
amended, shall not apply to the work authorized by this act.

Section 12. In respect to the use and operation of the
premises and equipment, or any part thereof, the company
shall have all the powers and privileges, and be subject to
all the duties, liabilities, restrictions and provisions set
forth in general and special laws now or hereafter in force
applicable to it. To provide for proper connections with
the premises or any part thereof, the company may make

Acts, 1935. — Chaps. 493, 494. 675

such alterations or extensions of its tracks and locations
as the department may approve.

Section 13. Section four shall take effect upon its pas-
sage. The remaining provisions of this act shall take effect
upon their acceptance by vote of the city council of the
city, approved by the mayor, and by the Boston Elevated
Railway Company, by vote of its stockholders and by
vote of its board of directors, and upon the fihng of certifi-
cates of such acceptance with the secretary of the common-
wealth, provided that such acceptances, approval and filing
occur during the current year.

Approved August 14, 1935.

An Act providing for the making of certain improve- QJiq/y) 493
ments by the metropolitan district commission at
the nahant beach playground in the city of lynn.

Be it enacted, etc., as follows:

The metropolitan district commission is hereby author-
ized and directed to establish adequate equipment and
facilities at the playground at Nahant beach in the city
of Lynn for volley ball, baseball and other sports. Said
commission is hereby further authorized and directed to
fill in that portion of said playground that is now below
grade. The cost of the work required by this act shall be
paid from Item 707 of the current appropriation act.

Approved August I4, 1935.

An Act relative to the acceptance and expenditure (JJidj) 494

OF CERTAIN FEDERAL FUNDS UNDER THE SOCIAL SECURITY
ACT, so CALLED^ AND CHANGING THE RESIDENCE REQUIRE-
MENTS FOR mothers' aid AND OLD AGE ASSISTANCE SO
FAR AS NECESSARY TO OBTAIN SAID FUNDS.

Whereas, 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 health and convenience.

Be it enacted, etc., as follows:

Section 1. The departments of public welfare, public
health and education shall co-operate with the appropriate
federal authorities in the administration of the act of con-
gress approved in August in the current year, known as the
Social Security Act, and accept for the commonwealth the
benefits thereof, and the state treasurer shall be the cus-
todian of the funds allotted to the commonwealth under the
provisions of said act. The funds so allotted shall be ex-
pended without specific appropriation under the order of
the commissioner of public welfare in carrying out the pro-
visions of said act so far as they relate to mothers' aid, old
age assistance, care of homeless or neglected children and

676

Acts, 1935. — Chap. 494.

G. L. (Ter.
Ed.), 118, § 1,
amended.

Scope of
chapter.

G. L. (Ter.
Ed.), 118A,
§ 1, etc..
amended.

State

department of
public welfare
to supervise
rendering of
assistance to
aged persons.

the care of crippled children; under the order of the com-
missioner of public health in carrying out the provisions of
said act so far as they relate to maternal and child health
services and public health work, and under the order of the
commissioner of education in carrying out the provisions of
said act so far as they relate to vocational rehabilitation and
aid to the blind.

Section 2. Chapter one hundred and eighteen of the
General Laws is hereby amended by striking out section
one, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following: — Section 1. This chap-
ter shall apply to all mothers and their dependent children
under the age of sixteen, whether or not they or any of
them may have a settlement within the commonwealth,
who shall have resided therein not less than one year immedi-
ately preceding the date of apphcation for aid under this
chapter, and to mothers with dependent children born within
the commonwealth within one year immediately preceding
the date of such application if the mother has resided in
the commonwealth for one year immediately preceding the
birth. A mother shall not be disqualified from receiving aid
under this chapter because of having but one such child.

Section 3. Section one of chapter one hundred and
eighteen A of the General Laws, as most recently amended
by chapter three hundred and twenty-eight of the acts of
nineteen hundred and thirty-three, is hereby further
amended by striking out, in the fourth to the tenth lines,
the words "twenty years immediately preceding the date
of application for such assistance, 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 supervision of the department" and
inserting in place thereof the words : — five years during the
nine years immediately preceding the date of application
for such assistance and who shall have resided in the com-
monwealth continuously for one year immediately preced-
ing said date of application, shall be granted under the
supervision of the department of public welfare, in this
chapter called the department, — so as to read as follows : —
Section 1. Adequate 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 five
years during the nine years immediately preceding the date
of application for such assistance and who shall have re-
sided in the commonwealth continuously for one year
immediately preceding said date of application, shall be
granted under the supervision of the department of pubUc
welfare, in this chapter called the department. Financial
assistance granted hereunder shall be given from the date
of application therefor, but in no event before the applicant
reaches the age of seventy, and in determining the amount
of assistance to be given for any period preceding the date

Acts, 1935. — Chap. 495. 677

on which the appHcation was favorably passed upon, con-
sideration shall be given to the amount of welfare relief, if
any, given to such applicant during said period under any
other provision of law. 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 August I4, 1935.

An Act relative to the terms of certain bonds, notes Chav^^Q^

OR OTHER FORMS OF WRITTEN ACKNOWLEDGMENT OF DEBT
TO BE ISSUED BY THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. The term of the bonds which the state
treasurer is authorized to issue under chapter four hundred
and fifteen of the acts of the current year, providing for
the acquisition by the commonwealth of additional prop-
erty for the Salisbury Beach reservation and relative to the
maintenance of said reservation, shall not exceed ten years,
as recommended by the governor in a message to the general
court dated August fourteenth, nineteen hundred and
thirty-five, in pursuance of section three of Article LXII
of the amendments to the constitution.

Section 2. The term of the notes which the state
treasurer is authorized to issue under chapter four hun-
dred and seventy-four of the acts of the current year, pro-
viding for additional court house accommodations and
facilities for the courts and other officials in the county of
Suffolk by the use of federal, state and city of Boston funds,
shall not exceed ten years, as recommended by the governor
in a message to the general court dated August fourteenth,
nineteen hundred and thirty-five, in pursuance of section
three of Article LXII of the amendments to the constitution.

Section .3. The term of the bonds, notes and other
forms of written acknowledgment of debt which the state
treasurer is authorized to issue under chapter four hundred
and seventy-eight of the acts of the current year, providing
for the construction of additional sewers in the north metro-
politan sewerage district, shall not exceed twenty years,
as recommended by the governor in a message to the gen-
eral court dated August fourteenth, nineteen hundred and
thirty-five, in pursuance of section three of Article LXII of
the amendments to the constitution.

Approved August I4, 1936.

678

Acts, 1935. — Chaps. 496, 497.

ChapA96 Ak Act authorizing the establishment and mainte-
nance AT THE WESTFIELD STATE SANATORIUM OF A DIVI-
SION FOR THE CARE AND TREATMENT OF PERSONS SUFFER-
ING FROM CANCER,

Emergency
preamble.

Be it enacted, etc., as follows:

Section 1. The department of pubHc health is hereby
authorized to establish and maintain at the Westfield state
sanatorium a division for the care and treatment of persons
suffering from cancer.

Section 2. Patients may be admitted to said division
in the same manner and upon the same terms as to the
Pondville hospital under sections sixty-nine A to sixty-nine
D, inclusive, of chapter one hundred and eleven of the
General Laws, as appearing in the Tercentenary Edition
thereof, and the provisions of said sections shall, so far as
apt, apply to said division. Approved August 14, 1935.

Chap.4Q7 An Act in addition to the general appropriation act

MAKING APPROPRIATIONS TO SUPPLEMENT CERTAIN ITEMS
CONTAINED THEREIN, AND FOR CERTAIN NEW ACTIVITIES
AND PROJECTS.

Be it enacted, etc., as follows:

Section 1. To provide for supplementing certain items
in the general appropriation act, and for certain new activi-
ties and projects, the sums set forth in section two, for the
particular purposes and subject to the conditions stated
therein, are hereby appropriated from the general fund or
ordinary 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.

Appropriations
to supplement
certain itema
contained in
general appro-
priation act,
and for certain
activities and
projects.

Item
7

Service of the Legislative Department.

For such additional clerical assistance to, and with
the approval of, the clerk of the house of repre-
sentatives, as may be necessary for the proper
despatch of public business, and notwithstanding
the limitation contained in section thirteen of
chapter three of the General Laws, as appearing
in the Tercentenary Edition thereof, a sum not
exceeding fifteen hundred dollars, the same to be
in addition to any amount heretofore appro-
priated for the purpose .....

For the compensation for travel of doorkeepers,
assistant doorkeepers, general court officers, pages
and other employees of the sergeant-at-arms,

$1,500 00

Acts, 1935. — Chap, 497. 679

Item

authorized by law to receive the same, a sum not
exceeding forty-four dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... $44 00

13 For the salaries of assistant doorkeepers to the senate
and house of representatives and of general court
officers, with the approval of the sergeant-at-arms,
a sum not exceeding twenty-three hundred thirty-
three dollars and thirty-two cents, the same to be
in addition to any amount heretofore appropriated
for the purpose 2,333 32

20 For clerical and other assistance of the senate com-
mittee on rules, a sum not exceeding one hundred
and fifty dollars, the same to be in addition to any
amoimt heretofore appropriated for the purpose . 150 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 fifteen hundred dol-
lars, the same to be in addition to any amoimt
heretofore appropriated for the purpose . . 1,500 00

22a For traveling expenses of the recess committee on
public welfare, a sum not exceeding twenty-five
hundred dollars 2,500 00

22b For certain expenses in connection with the con-
tested election case of Cyrus C. Rounseville, Jr.,
in accordance with an order of the house of repre-
sentatives, a sum not exceeding two hundred fifty
dollars and sixty-five cents .... 250 65

25 For expenses in connection with the publication of
the bulletin of committee hearings and of the
daily list, with the approval of the joint committee
on rules, a sum not exceeding forty-seven hundred
and sixty dollars, the same to be in addition to any
amount heretofo-re appropriated for the purpose . 4,760 00

27 For office and other expenses of the committee on
rules on the part of the senate, a sum not exceed-
ing fifty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 50 00

30 For office and other expenses of the committee on

rules on the part of the house, a sum not exceed-
ing one hundred dollars, the same to be in addition
to any amoimt heretofore appropriated for the
purpose ........ 100 00

31 For office expenses of the counsel to the house of

representatives, a sum not exceeding one hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 100 00

32 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 fifteen hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,500 00

33 For telephone service, a sum not exceeding four thou-

sand dollars, the same to be in addition to any

amount heretofore appropriated for the purpose . 4,000 00

34 For the purchase of outline sketches of members of

the senate and house of representatives, a sum not
exceeding two hundred and fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 250 00

Total $19,037 97

680 Acts, 1935. — Chap. 497.

Service of the Legislative Investigations.
Item

35a For expenses of the commission on interstate com-
pacts affecting labor and industries, a sum not
exceeding fifteen hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose $1,500 00

35c For certain expenses in connection with the inter-
state legislative assembly and the commission on
conflicting taxation, as authorized by chapter
twelve of the resolves of the current year, a sum
not exceeding one thousand dollars . . . 1,000 00

35d For expenses of an investigation by a special com-
mission relative to the newspaper publication of
legal notices and citations, as authorized by chap-
ter thirty-five of the resolves of the current year,
a sum not exceeding one hundred dollars . . 100 00

35e For expenses of an investigation and study by a
special commission relative to municipal financing
in the city of Boston, as authorized by chapter
forty-eight of the resolves of the current year, a
sum not exceeding fifteen hundred dollars . . 1,500 00

35f For expenses of an investigation by a special com-
mission relative to the advisability of revising the
provisions of the General Laws relating to a con-
tributory retirement system for cities and towns,
as authorized by chapter fifty-three of the resolves
of the current year, a sum not exceeding thirty-
five hundred dollars 3,500 00

35g For expenses of an investigation and study by the
commissioner of banks relative to certain practices
in connection with foreclosure of real estate mort-
gages and relative to the limitation of actions on
certain promissory notes, as authorized by chapter
fifty-five of the resolves of the current year, a sum
not exceeding fifteen hundred dollars. . . 1,500 00

35h For expenses of a special commission to study and
revise the laws relating to public welfare, as
authorized by chapter fifty-six of the resolves of
the current year, a sum not exceeding twenty-five
hundred dollars 2,500 00

35i For expenses of an investigation by a special com-
mission relative to the advisability of providing
for the licensing and regulation of the business of
financing purchases of certain personal property,
as authorized by chapter fifty-one of the resolves
of the current year, a sum not exceeding one thou-
sand dollars 1,000 00

35j For expenses of a study by a special commission
relative to the sliding scale methods of rates for
use by public utility corporations engaged in the
distribution of gas and electricity, as authorized
by chapter fifty-eight of the resolves of the current
year, a sum not exceeding five thousand dollars . 5,000 00

35k For expenses of a study by a special commission
relative to the advisability of amending the con-
stitution of the commonwealth to provide for
biennial sessions of the general court and for a
biennial budget, as authorized by chapter fifty-
nine of the resolves of the current year, a sum not
exceeding three thousand dollars . . . 3,000 00

351 For expenses of an investigation by a special com-
mission of certain matters relating to district court
system of the commonwealth, the trial of civil
actions in district courts by juries of six, the ex-
tension of the rule-making power of the supreme

Acts, 1935. — Chap. 497. 681

lUm

judicial court, and increasing the number of jus-
tices of the superior court, as authorized by chap-
ter sixty-two of the resolves of the current year,
a sum not exceeding five thousand dollars . . $5,000 00

35m For expenses of an investigation and study by a
special commission relative to the taxation of
tangible and intangible property and related mat-
ters, as authorized by chapter sixty-three of the
resolves of the current year, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

Total $28,100 00

Service of the Judicial Department.
Supreme Judicial Court, as follows:
37a For the pensions of retired justices of the supreme
judicial court, a sum not exceeding six hundred
forty-five dollars and fifteen cents . . $645 15

Probate and Insolvency Courts, as follows:
58 For the salaries of judges of probate of the several
counties, a sum not exceeding eight hundred
twelve dollars and fifty cents, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 812 60

District Attorneys, as follows:

78 For the salaries of the district attorney and assistants

for the Suffolk district, a sum not exceeding two
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 2,000 00

79 For the salaries of the district attorney and assistants

for the northern district, a sum not exceeding
forty-seven hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 4,700 00

80 For the salaries of the district attorney and assistants

for the eastern district, a sum not exceeding eight
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 800 00

81 For the salaries of the district attorney, deputy dis-

trict attorney and assistants for the southeastern
district, a sum not exceeding one thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 1,000 00

84 For the salaries of the district attorney and assist-

ants for the western district, a sum not exceeding
six hundred sixty -six dollars and sixty-seven cents,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 666 67

85 For the salary of the district attorney for the north-

western district, a sum not exceeding three hun-
dred thirty-three dollars and thirty-three cents,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 333 33

Total $10,957 65

Service of the Executive Department.
107a For the payment of rewards for apprehension of per-
sons participating in murders at hold-up of Need-
ham Trust Company, with the approval of the
governor and council, a sum not exceeding twenty
thousand dollars $20,000 00

682 Acts, 1935. — Chap. 497.

Item

107b For installation of heat control apparatus at the
power plants of certain state institutions, with
the approval of the department heads and of the
governor and council, a sum not exceeding twenty
thousand dollars $20,000 00

Service of the Adjutant General.

Ill For expenses of the national guard convention and
for expenses not otherwise provided for in con-
nection with military matters and accounts, a sum
not exceeding twenty-five hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $2,500 00

Service of the Militia.

112a For the cost of materials and equipment and inci-
dental expenses of training persons in the use of
chemical gas, a sum not exceeding ten thousand
dollars $10,000 00

114 For pay and transportation of certain boards, a sum
not exceeding five hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ...... 500 00

120 For expenses of rifle practice, a sum not exceeding
four thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 4,000 00

128 For instruction in military authority, organization
and administration, and in the elements of miU-
tary art, a sum not exceeding eighteen hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,800 00

132 For personal services necessary for the operation of
the commonwealth depot and motor repair park,
a sum not exceeding six hundred dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 600 00

Total $16,900 00

Service of the Slate Quartermaster.

141 For the maintenance of armories of the first class,
including the purchase of certain furniture, a sum
not exceeding ten thousand dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... $10,000 00

144 For maintenance, other than personal services, of
the commonwealth depot and motor repair park,
a sum not exceeding five thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 5,000 00

Total $15,000 00

Service of the Commission on Administration and Finance.

150 For personal services of assistants and employees, a

sum not exceeding one thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $1,000 00

151 For other expenses incidental to the duties of the

commission, a sum not exceeding eleven hundred
and twenty-five dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 1,125 00

Total $2,125 00

Acts, 1935. — Chap. 497. 683

Service of the Armory Commissioners.

Item

153 For compensation of members, a sum not exceeding
five hundred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $500 00

156 For the purchase of land for a camp site, as author-
ized by chapter one hundred and ninety-six of the
acts of the current year, a sum not exceeding one
hundred thousand dollars 100,000 00

156a For the purchase of land for use for the state rifle
range, as authorized by chapter three hundred and
ninety-four of the acts of the current year, a sum
not exceeding thirteen thousand five hundred
dollars 13,500 00

Total $114,000 00

Service of the Commissioner of State Aid and Pensions.
158 For personal services of agents, clerks, stenographers
and other assistants, a sum not exceeding thirty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $30 00

For Expenses on Account of Wars.
162a For expenses of the Grand Army of the Republic,
Department of Massachusetts, as authorized by
chapter nine of the resolves of the current year, a
sum not exceeding fifteen hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $1,500 00

Service of the Massachusetts Soldiers' Home.

1 63 For the maintenance of the Soldiers' Home in Massa-

chusetts, with the approval of the trustees thereof,
a sum not exceeding twenty-four thousand three
hundred dollars,, the same to be in addition to cer-
tain receipts from the United States government
and to be in addition to any amount heretofore
appropriated for the purpose .... $24,300 00

Service of the Art Commission.

164 For expenses of the commission, a sum not exceed-

ing fifty dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $50 00

Service of the Alcoholic Beverages Control Commission.

167 For the administrative expenses of the alcoholic

beverages control commission, including salaries
of the commissioners and their employees, and
for all contingent expenses, including rent of
offices, travel, and office and incidental expenses,
a sum not exceeding eighty-three hundred and
forty dollars, which shall be payable from fees
collected under chapters one hundred and twenty
and two hundred and thirty-four, both of the acts
of nineteen hundred and thirty-three, and under
section twenty-seven of chapter one hundred and
thirty-eight of the General Laws, as most recently
amended, and which shall be in addition to any
amount heretofore appropriated for the purpose . $8,340 00

Service of the State Emergency Public Works Commission.

168 For expenses of the board appointed to formulate

projects or perform any act necessary to enable
the commonwealth to receive certain benefits pro-
vided by the National Industrial Recovery Act,

684 Acts, 1935. — Chap. 497.

Item

a sum not exceeding seventy-six hundred and
twenty-five dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $7,625 00

Service of the Superintendent of Buildings.
178 For other personal services incidental to the care
and maintenance of the state house, a sum not
exceeding fifty-two hundred dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... $5,200 00

183 For other services, supplies and equipment necessary

for the maintenance and care of the state house
and grounds, including repairs of furniture and
equipment, a sum not exceeding three thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 3,000 00

184 For office and other expenses of the central mailing

room, a sum not exceeding thirteen hundred and
fifty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,350 00

Total $9,550 00

Service of the State Racing Commission.
185 For the administrative expenses of the state racing
commission, including salaries of the commis-
sioners and their employees, and for all contingent
expenses, including rent of offices, travel, and
office and incidental expenses, a sum not exceed-
ing fifty-eight thousand four hundred and thirty
dollars, which shall be payable from fees collected
imder chapter one hundred and twenty-eight A of
the General Laws, inserted therein by section
three of chapter three hundred and seventy-four
of the acts of nineteen hundred and thirty-four
and which shall be in addition to any amount
heretofore appropriated for the purpose; provided,
that no salaries shall be paid under authority of
this item to employees who are not citizens of the
commonwealth $58,430 00

Service of the Secretary of the Commonwealth.
189 For services other than personal, traveling expenses,
ofiice 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 amended, a sum not exceeding
twenty-five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose $2,500 00

For printing laws, etc. :
201 For printing and binding public documents, a sum
not exceeding four hundred and fifty dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 450 00

For matters relating to elections:
204 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 cer-

Acts, 1935. — Chap. 497. 685

Item

tain registration facilities, a sum not exceeding
sixteen hundred and sixty dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ...... $1,660 00

Total $4,610 00

Service of the Treasurer and Receiver-General.
208 For services other than personal, traveling expenses,
office supplies and equipment, a sum not exceed-
ing five hundred dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose $500 00

State Board of Retirement:
213 For personal services in the administrative office of
the state board of retirement, a sum not exceeding
one hundred and fifty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 150 00

215 For requirements of annuity funds and pensions for

employees retired from the state service under
autnority of law, a sum not exceeding five thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 5,000 00

Board of Tax Appeals:

216 For personal services of the members of the board

and employees, a sum not exceeding sixteen hun-
dred and fifty dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 1,650 00

Total $7,300 00

Service of the Emergency Finance Board.
218 For administrative expenses of the emergency fi-
nance board, a sum not exceeding three thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $3,000 00

Service of the Auditor of the Commonwealth.
223 For services other than personal, traveling expenses,
office supplies and equipment, a sum not exceed-
ing twenty-five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... $2,500 00

Service of the Attorney General's Department.

225 For the compensation of assistants in his office, and

for such other legal and personal services as may
be required, a sum not exceeding eight thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $8,000 00

226 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceed-
ing three thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 3,000 00

227 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, the same to be in addition to any
amount heretofore appropriated for the purpose . 5,000 00

686 Acts, 1935. — Chap. 497.

Item

228 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 seventy-five hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . S7,500 00

Total $23,500 00

Service of the Department of Agriculture.

230 For personal services of clerks and stenographers, a
sum not exceeding three hundred and fifty dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . $350 00

Division of Dairjdng and Animal Husbandry:

235 For personal services, a sum not exceeding one thou-

sand dollars, the same to be in addition to any

amount heretofore appropriated for the purpose . 1,000 00

236 For other expenses, including the enforcement of the

dairy laws of the commonwealth, a sum not ex-
ceeding one thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,000 00

Division of Markets:
242 For other expenses, a sum not exceeding nine hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 900 00

Milk Control Board:
246 For administrative expenses of the milk control
board, including compensation and salaries of the
members of the board and their employees, and
for all contingent expenses, including rent of
offices, travel, office and incidental expenses, a
sum not exceeding thirty-four thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 34,000 00

State Reclamation Board:
252 For expenses of the board, a sum not exceeding three
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 3,000 00

Division of Livestock Disease Control:
260 For reimbursement of owners of tubercular cattle
killed, as authorized by section twelve A of chap-
ter 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 amended, during the present
and previous year, a sum not exceeding twenty
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose, and any unexpended balance remaining at
the end of the current fiscal year may be used in
the succeeding year ..... 20,000 00

Total $60,250 00

Acts, 1935. — Chap. 497. 687

Service of the Department of Conservation.
Itom

Division of Forestry:

266 For personal services of office assistants, a sum not
exceeding two hundred and fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $250 00

271a For the cost of instaUing certain radio equipment in
connection with the forest fire prevention service,
a sum not exceeding two thousand dollars . . 2,000 00

274 For the development of state forests, including the
cost of maintenance of such nurseries as may be
necessary for the growing of seedlings 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
appearing in the Tercentenary Edition thereof
or as amended, a sum not exceeding three thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose,
and any unexpended balance remaining at the
end of the current fiscal year may be used in the
succeeding year, and for the purchase of land in
connection with C. C. C. camps, fifty thousand
dollars 53,000 00

Division of Parks:
279 For other expenses, a sum not exceeding two thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 2,000 00

Salisbury Beach Reservation:

281 For the maintenance of Salisbury beach reservation,
a sum not exceeding five hundred dollars, the same
to be assessed upon the cities and towns of the
commonwealth, exclusive of those comprising the
metropolitan parks district, but including Co-
hasset, in the manner provided in section four of
chapter one hundred and thirty-two A of the Gen-
eral Laws, as appearing in the Tercentenary Edi-
tion thereof, and to be in addition to any amount
heretofore appropriated for the purpose . . 500 00

281b For improving the surface of certain parking spaces
at the Salisbury beach reservation, a sum not ex-
ceeding twenty-three himdred and fifty dollars . 2,350 00

Division of Fisheries and Game:
285 For expenses of exhibitions and other measures to
increase the interest of the public in the protec-
tion and propagation of fish and game, a sum not
exceeding one thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,000 00

Supervision of public fishing and hunting grounds:
293a For improvements at fish hatcheries and game farms
and for propagation and field work, as authorized
by chapter three hundred and thirty-eight of the
acts of the current year, a sum not exceeding
eighteen thousand dollars .... 18,000 00

Protection of wild life:
294 For expenses incurred in the protection of certain
wild life, a sum not exceeding five hundred dollars,
the same to be in addition to any amount here-
tofore appropriated for the purpose . . . 500 00

688 Acts, 1935. — Chap. 497.

Item

State Supervisor of Marine Fisheries:

296 For office and other expenses of the state supervisor

of marine fisheries, a sum not exceeding one thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $1,000 00

Enforcement of shellfish and other marine fishery
laws:

297 For personal services for the administration and en-

forcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding four hun-
dred and seventy-five dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 475 00

298a For the cost of assisting coastal towns in the propa-
gation of food fish and the suppression of enemies
thereof, as authorized by section three A of chap-
ter one hundred and thirty of the General Laws,
inserted therein by chapter three hundred and
twenty-four of the acts of the current year, a sum
not exceeding eighteen thousand dollars . . 18,000 00

299a For the payment, in compliance with a decree in
equity allowing the same, of fees and expenses of
certain apportionment commissioners, in accord-
ance with the provisions of section seventy-eight
of chapter one hundred and thirty of the General
Laws, as appearing in section two of chapter three
hundred and twenty-nine of the acts of nineteen
hundred and thirty-three, a sum not exceeding
twenty-two hundred thirty-four dollars and fifty-
four cents; provided, that the state treasurer shall
assess said sum upon the cities and towns of the
district affected, as a part of the state tax . . 2,234 54

Total $101,309 54

Service of the Department of Banking and Insurance.
Division of Banks:
302 For services of deputy, directors, examiners and
assistants, clerks, stenographers and experts, a
sum not exceeding five thousand one hundred dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $5,100 00

Supervisor of Loan Agencies :
305 For services other than personal, printing the annual
report, office supplies and equipment, a sum not
exceeding seven hundred fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 750 00

Division of Insurance:

307 For other personal services of the division, includ-

ing expenses of the board of appeal and certain
other costs of supervising motor vehicle liability
insurance, a sum not exceeding sixteen thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 16,000 00

308 For other services, including printing the annual

report, traveling expenses, necessary office sup-
plies and equipment, and rent of offices, a sum
not exceeding five hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose. The commissioner is nereby

Item

Acts, 1935. — Chap. 497. 689

authorized to provide for the cost of travel for
the board of appeal on motor vehicle liability
insurance out of this item .... $500 00

Total $22,350 00

Service of the Department of Corporations and Taxation.

Corporations and Tax Divisions:

313 For the salaries of certain positions filled by the

commissioner, with the approval of the governor
and council, and for additional clerical and other
assistance, a sum not exceeding one thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,000 00

314 For other services, necessary office supplies and

equipment, travel, and for printing the annual
report, other publications and valuation books,
a sum not exceeding four thousand five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 4,500 00

Income Tax Division (the two following appro-
priations are to be made from the receipts from
the income tax) :

315 For personal services of the director, assistant di-

rector, assessors, deputy assessors, clerks, stenog-
raphers and other necessary assistants, a sum not
exceeding eight thousand dollars, the same to be
in addition to any amount heretofore appro-
priated for the purpose ..... 8,000 00

316 For services other than personal, and for traveling

expenses, office supplies and equipment, a sum
not exceeding eight thousand five hundred dollars,
the same to be in addition to any amount here-
tofore appropriated for the purpose . . . 8,500 00

Division of Accounts:

321 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 accounts, a sum not exceeding two thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 2,000 00

Reimbursement of loss of taxes:

322 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-five, a sum not exceeding five thousand
three hundred and twenty-two dollars and twelve
cents, the same to be in addition to any amount
heretofore appropriated for the purpose . . 5,322 12

Total $29,322 12

Service of the Department of Education.

328 For expenses incidental to furnishing school com-
mittees with rules for testing the sight and hear-
ing of pupils, a sum not exceeding one hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose , . $100 00

690 Acts, 1935. — Chap. 497.

Item

329 For printing school registers and other school blanks
for cities and towns, a sum not exceeding two
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $200 00

329a For the administrative cost of carrying out the pro-
visions of chapter three hundred and seventy of
the acts of the current year relative to the oath
requirement for teachers, a sum not exceeding
seven hundred dollars ..... 700 00

339 For aid to certain pupils in state teachers' colleges,
under the direction of the department of educa-
tion, a sum not exceeding two thousand dollars,
the same to be in addition to any amount here-
tofore appropriated for the purpose . . . 2,000 00

Division of Immigration and Americanization:
346 For personal services, a sum not exceeding one thou-
sand four hundred and fifty dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... 1,450 00

Division of the Blind:

351 For the maintenance of local shops, a sum not ex-
ceeding six thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 6,000 00

353 For the maintenance of certain industries for men,
to be expended under the authority of said divi-
sion, a sum not exceeding twelve thousand dol-
lars, the same to be in addition to any amoimt
heretofore appropriated for the purpose . . 12,000 00

356 For aiding the adult blind, subject to the conditions
provided by law, a sum not exceeding two thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 2,000 00

For the maintenance of and for certain improve-
ments at the state teachers' colleges, and the
boarding halls attached thereto, with the ap-
proval of the commissioner of education, and
to be in addition to any amount heretofore
appropriated for the purpose, as follows:

365 State teachers' college at Bridgewater, a sum not

exceeding two thousand dollars .... 2,000 00

366 State teachers' college at Bridgewater, boarding hall,

a sum not exceeding two thousand three hundred

dollars 2,300 00

367 State teachers' college at Fitchburg, a sum not ex-

ceeding three thousand eight hundred and twenty-
five dollars 3,825 00

368 State teachers' college at Fitchburg, boarding hall,

a sum not exceeding four thousand seven hundred

dollars 4,700 00

372 State teachers' college at Framingham, a sum not

exceeding seven thousand one hundred dollars . 7,100 00

373 State teachers' college at Framingham, boarding

hall, a sum not exceeding three thousand seven

hundred dollars 3,700 00

374 State teachers* college at Hyannis, a sum not ex-

ceeding one thousand eight hundred and eighty

dollars 1,880 00

375 State teachers' college at Hyannis, boarding hall, a

sum not exceeding nine hundred and fifty dollars. 950 00

378 State teachers' college at. North Adams, a sum not

exceeding seven hundred and fifty dollars . . 750 00

Acts. 1935. — Chap. 497. 691

Item

380 State teachers' college at Salem, a sum not exceed-

ing one thousand three hundred and sixty-eight

dollars $1,368 00

381 State teachers' college at Westfield, a sum not ex-

ceeding one thousand two hundred dollars . . 1,200 00

383 State teachers' college at Worcester, a sum not ex-
ceeding one thousand three hvmdred dollars . 1,300 00

Textile Schools:

385 For the maintenance of the Bradford Durfee textile
school of Fall River, with the approval of the com-
missioner of education and the trustees, and to be
in addition to any amount heretofore appropriated
for the purpose, a sum not exceeding two thousand
dollars 2,000 00

386a For the cost of installing certain edgestones at the
Lowell textile institute, a sum not exceeding six
hundred dollars 600 00

Massachusetts State College:

388 For maintenance and current expenses of the Massa-
chusetts state college, with the approval of the
trustees, a sum not exceeding twenty-five hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 2,500 00

394c For the cost of reconstructing a certain coal hoist,

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

394d For laboratory and other expenses incidental to the
study and investigation of Dutch elm disease, a
sum not exceeding four thousand dollars, pro-
vided, that expenses incurred under this item may
be paid for the period beginning July first of the
current year ....... 4,000 00

394e For the cost of materials and trucking in connection
with the construction of tennis courts, a sum not
exceeding three thousand dollars . . $3,000 00

Total $77,623 00

Service of the Department of Civil Service and Registration.
Division of Civil Service:
398 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 four hundred and thirty-five
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $435 00

Division of Registration:

400 For clerical and certain other personal services of

the division, a sum not exceeding eight hundred
and ten dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 810 00

401 For services of the division other than personal,

printing the annual reports, office supplies and
equipment, except as otherwise provided, a sum
not exceeding eight hundred dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose; provided, that the ex-
penses of rent for certain offices outside of the
state house may be paid from this item; and there
is hereby transferred to this item from item four
hundred and twenty of chapter two hundred and
forty-nine of the acts of the current year the sum
of thirteen hundred and fifty dollars . . , 800 00

692 Acts, 1935. — Chap. 497.

Item

Board of Dental Examiners:
406 For traveling expenses, a sum not exceeding three
hundred and fifty dollars, the same to be in addi-
tion to any amount heretofore appropriated for the
purpose .$350 00

Board of Registration in Pharmacy :

409 lor personal services of an agent and assistants, a

sum not exceeding fifteen hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 1,500 00

410 For travehng expenses, a sum not exceeding eleven

hundred dollars, the same to be in addition to any

amount heretofore appropriated for the purpose . 1,100 00

State Examiners of Electricians:
419a For personal services of the members of the board,

a sum not exceeding one hundred and fifty dollars . 150 00

State Examiners of Plumbers:
424 For traveling expenses, a sum not exceeding two
hundred and eighty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 280 00

Board of Registration of Barbers:
The appropriation made by Item 426 of chapter
two hundred and forty-nine of the acts of the
current year is hereby made available for the
payment of rent of quarters outside of the state
house.

Board of Registration of Hairdressers :
426a For administrative expenses of the board of registra-
tion of hairdressers, as authorized by chapter four
hundred and twenty-eight of the acts of the cur-
rent year, a sum not exceeding fifteen hundred
dollars 1,500 00

Total 16,925 00

Service of the Department of Industrial Accidents.
428 For personal services of secretaries, medical adviser,
inspectors, clerks and office assistants, a sum not
exceeding fifteen hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose $1,500 00

Service of the Department of Labor and Industries.

436 For services other than personal, traveling expenses,

office and laboratory supplies and equipment, and
rent, for the division of occupational hygiene, a
sum not exceeding seven hundred and forty dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose $740 00

437 For personal services for the statistical service and

for services other than personal, printing report
and publications, traveling expenses and office
supplies and equipment for the statistical service,
a sum not exceeding two thousand five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 2,500 00

437a For the expenses of the investigation authorized by
chapter thirty-three of the resolves of the current
year, a sum not exceeding one thousand dollars . 1.000 00

Acts, 1935. — Chap. 497. 693

Item

440 For personal services for the division on necessaries

of life, a sum not exceeding two hundred dollars,
the same to be in addition to any amount here-
tofore appropriated for the purpose . . . $200 00

441 For services otner than personal, traveling expenses,

office supplies and equipment for the division on
necessaries of life, a sum not exceeding six hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 600 00

Total $5,040 00

Service of the Department of Mental Diseases.

450 For personal services of officers and employees, a
sum not exceeding eight hundred forty dollars,
the same to be in addition to any amount here-
tofore appropriated for the purpose . . $840 00

453 For other services, including printing the annual
report, traveling expenses and office supplies and
equipment, a sum not exceeding one thousand
four hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 1,400 00

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Mental Diseases,
the same to be in addition to any amount here-
tofore appropriated:
455 Boston psychopathic hospital, a sum not exceeding

two thousand three hundred dollars . . . 2,300 00

457 Boston state hospital, a sum not exceeding eleven

thousand dollars 11,000 00

461 Danvers state hospital, a sum not exceeding nine

thousand five hundred dollars .... 9,500 00

467 Foxborough state hospital, a sum not exceeding nine

thousand dollars 9,000 00

470 Gardner state hospital, a sum not exceeding twenty-
two thousand six hundred dollars . . . 22,600 00
473a For the cost of replacing a barn destroyed by fire at

the Gardner state hospital, a sum not exceeding

eight thousand dollars 8,000 00

474 Grafton state hospital, a sum not exceeding twelve

thousand three hundred dollars . , . 12,300 00

477 Medfield state hospital, a sum not exceeding sixteen

thousand dollars 16,000 00

482 Metropolitan state hospital, a sum not exceeding

twenty-two thousand six hundred and fifty dollars 22,650 00

483 Northampton state hospital, a sum not exceeding

seven thousand nine hundred and fifty dollars . 7,950 00

487 Taunton state hospital, a sum not exceeding eleven

thousand eight hundred dollars. . . . 11,800 00

491 Westborough state hospital, a sum not exceeding

ten thousand four hundred dollars . . . 10,400 00

496a For installation of coal saving equipment on boilers
at the Westborough state hospital, a sum not ex-
ceeding twelve thousand dollars . . . 12,000 00

497 Worcester state hospital, a sum not exceeding four-
teen thousand five hundred dollars . . . 14,500 00

502 Monson state hospital, a sum not exceeding thirteen

thousand five hundred dollars .... 13,500 00

505 Belchertown state school, a sum not exceeding four

thousand three hundred dollars . . . 4,300 00

508 Walter E. Fernald state school, a sum not exceeding

twenty thousand dollars 20,000 00

694 Acts, 1935. — Chap. 497.

Item

512 Wrentham state school, a sum not exceeding thir-
teen thousand three hundred dollars . . $13,300 00

Total $223,340 00

Service of the Department of Correction.

517 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 eighteen hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose $1,800 00

518 For services other than personal, including printing

the annual report, necessary office supplies and
equipment, a sum not exceeding three hundred
and fifty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose , 350 00

520 For the removal of prisoners, to and from state in-
stitutions, a sum not exceeding one thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,000 00

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Correction:

524 State farm, a sum not exceeding twelve thousand

three hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 12,300 00

The unexpended balance of the appropriation
made by Item 473 of chapter one hundred and
seventy-four of the acts of nineteen hundred
and thirty-three is hereby reappropriated.

525 State prison, a sum not exceeding ninety-seven hun-

dred eighty-seven dollars and ten cents, which
sum includes eighty-seven dollars and ten cents
for medical attendance and other expenses on
account of injuries received by officers Witham
and Freeman, and which is to be in addition to
any amount heretofore appropriated for the pur-
pose 9.787 10

526 Massachusetts reformatory, a sum not exceeding

seventeen thousand eight hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 17,800 00

527 Reformatory for women, a sum not exceeding nine

thousand and twenty-five dollars, the same to be
in addition to any amount heretofore appro-
priated for the purpose ..... 9,025 00

529 State prison colony, a sum not exceeding eight thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 8,000 00

53.5a For the cost of completing the dairy unit at the
state prison colony, a sum not exceeding twenty-
five hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 2,500 00

535b For the cost of completing the equipment for turbine
and generator at the state prison colony, a sum
not exceeding nine hundred dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... 900 00

535c For the cost of installation of certain equipment for
gas protection at the state prison colony, a sum

Item

Acts, 1935. — Chap. 497. 695

not exceeding twelve thousand five hundred

dollars $12,500 00

Total $75,962 10

Service of the Department of Public Welfare.
State Board of Housing:

539 For personal services, a sum not exceeding four thou-

sand eight hundred dollars, the same to be in addi-
tion to any amount heretofore appropriated for
this purpose $4,800 00

540 For expenses, as authorized by section eighteen of

chapter eighteen of the General Laws, inserted by
section one of chapter three hundred and sixty-
four of the acts of nineteen hundred and thirty-
three, a sum not exceeding nine hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for this purpose . . . 900 00

Division of Juvenile Training, Trustees of Massa-
chusetts Training Schools:
555 For services other than personal, including printing
the annual report, traveling and other expenses
of the members of the board and employees, office
supplies and equipment, a sum not exceeding five
hundred dollars, the same to be in addition to any
amount heretofore appropriated for this purpose . 500 00

Girls' Parole:
560 For traveling expenses of said agents for girls pa-
roled, for board, medical and other care of girls,
and for services other than personal, office sup-
plies and equipment, a sum not exceeding one
thousand two hundred dollars, the s^me to be in
addition to any amount heretofore appropriated
for this purpose ...... 1,200 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,
same to be in addition to any amount heretofore
appropriated:
562 Industrial school for boys, a sum not exceeding

seven thousand nine hundred dollars . . 7,900 00

564 Industrial school for girls, a sum not exceeding six

thousand one hundred dollars .... 6,100 00

565 Lyman school for boys, a sum not exceeding fifteen

thousand nine hundred dollars .... 15,900 00

Massachusetts Hospital School:

566 For the maintenance of the Massachusetts hospital

school, to be expended with the approval of the
trustees thereof, a sum not exceeding eleven thou-
sand two hundred dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 11,200 00

State Infirmary:

567 For the maintenance of the state infirmary, to be

expended with the approval of the trustees thereof,
a sum not exceeding sixty-six thousand two hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 66,200 00

Total $114,700 00

696 Acts, 1935. — Chap. 497.

Service of the Department of Public Health.
Item

Administration:

570 For services other than personal, including printing

the annual report, traveling expenses, office sup-
plies and equipment, a sum not exceeding five
hundred dollars, the same to be in addition to
any amount heretofore appropriated for the
purpose J500 00

Service of Adult Hygiene (cancer):

571 For personal services of the division, including can-

cer clinics, a sum not exceeding one thousand six
hundred and twenty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 1,620 00

572 For other expenses of the division, including cancer

clinics, a sum not exceeding four thousand eight
hundred and fifty dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose ....... 4,850 00

Service of Maternal and Child Hygiene:
576 For other expenses for extending the activities of
the division in the protection of mothers and con-
servation of the welfare of children, a sum not
exceeding one thousand seven hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 1,700 00

Division of Communicable Diseases:
578 For services other than personal, traveling expenses,
laboratory, office and other necessary supplies,
including the purchase of animals and equipment,
and rent of certain offices, a sum not exceeding
one thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 1,000 00

Wassermann Laboratory:
581 For personal services of the Wassermann laboratory,
a sum not exceeding two hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose . . . . 200 00

Inspection of Food and Drugs:

585 For personal services of the director, analysts, in-

spectors and other assistants, a sum not exceeding
four hundred and fifty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 450 00

586 For other services, including traveling expenses,

supplies, materials and equipment, a sum not
exceeding five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 500 00

Water Supply and Disposal of Sewage:

589 For personal services of directors, engineers, chem-

ists, clerks and other assistants in the division of
engineering and the division of laboratories, a sum
not exceeding three thousand seven hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 3,700 00

590 For other services, including traveling expenses,

supplies, materials and equipment, for the divi-
sion of engineering and the division of labora-
tories, a sum not exceeding three thousand five
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 3 500 00

Acts, 1935. — Chap. 497. 697

It«m

590a For laboratory and other expenses of sundry in-
vestigations required by legislation of the current
session, a sum not exceeding three thousand
dollars $3,000 00

Division of Tuberculosis:
591 For personal services of the director, stenographers,
clerks and other assistants, a sum not exceeding
one hundred and ten dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose . . . . . 110 00 ^

For the maintenance of and for certain improve-
ments at the sanatoria, and to be in addition to
any amount heretofore appropriated for the
purpose, as follows:

596 Lakeville state sanatorium, a sum not exceeding

eleven thousand six hundred and fifty dollars . 11,650 00

598 North Reading state sanatorium, a sum not exceed-
ing two thousand two hundred and eighty dollars . 2,280 00

600a For the purchase of land for the North Reading
state sanatorium, a sum not exceeding thirty-five
dollars 35 00

601 Rutland state sanatorium, a sum not exceeding five

thousand five hundred dollars .... 5,500 00

604 Westfield state sanatorium, a sum not exceeding five

thousand seven hundred dollars .... 5,700 00

607 Pondville cancer hospital, a sum not exceeding seven-
teen thousand dollars . . . 17,000 00

612a For improvements in equipment for the generation ,
and distribution of power at the Pondville cancer
hospital, a sum not exceeding eighteen thousand
five hundred dollars 18,500 00

Total $81,795 00

Service of the Department of Public Safety.
Administration:

614 For personal services of clerks and stenographers, a

sum not exceeding one thousand eight hundred
and seventy-five dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose ....... $1,875 00

615 For contingent expenses, including printing the an-

nual report, rent of district offices, suppHes 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
by the department of public safety, a sum not ex-
ceeding tnirteen thousand one hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . 13,100 00

Division of State Police:

617 For personal services of civilian employees, a sum

not exceeding seven hundred and fifty dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 750 00

618 For other necessary expenses of the uniformed divi-

sion, including traveling expenses of detectives, a
sum not exceeding thirteen thousand five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 13,500 00

698 Acts, 1935. — Chap. 497.

Item

619 For personal services, rent, supplies and equipment
necessary in the enforcement of provisions of law
relative to explosives and inflammable fluids and
compounds, a sum not exceeding three thousand
four hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $3,400 00

Fire Prevention Service:
629 For personal services of fire inspectors, a sum not
exceeding five hundred and sixty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 560 00
631 For other services, office rent and necessary office
supplies and equipment, a sum not exceeding two
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 200 00
The department is hereby authorized to make
transfers of money appropriated for the current
year as follows: — from Item 629 to Item. 616,
from Item 630 to Item 618, from Item 630 to
Item 631.

Total $33,385 00

Service of the Department of Public Works.
The appropriation made in the following item is to
be paid three quarters from the Highway Fund
and one quarter from the Port of Boston
receipts:
636 For personal services of clerks and assistants to the
commissioner, a sum not exceeding twelve hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $1,200 00

Functions of the department relating to highways
(the following appropriations, except as other-
wise provided, are made from the Highway
Fund):

639 For the maintenance and operation of the public

works building, a sum not exceeding twenty-five
thousand seven hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose 25,700 00

640 For the salaries of watchmen for the public works

building, a sum not exceeding sixty-five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 6,500 00

642 For personal services of the chief engineer, engineers
and office assistants, including certain clerks and
stenographers, a sum not exceeding fourteen hun-
dred and forty dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 1,440 00

643a For expense of membership of the department in
the American Association of State Highway Of-
ficials, a sum not exceeding three hundred and
fifty dollars 350 00

647 For the maintenance and repair of state highways,
including care of snow on highways, expenses of
traffic signs and lights; for payment 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
maintenance of a nursery for roadside planting,

Acts, 1935. — Chap. 497. 699

Item

a sum not exceeding four hundred ninety-seven
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . S497,000 00

Registration of Motor Vehicles:

650 For personal services, a sum not exceeding ten thou-

sand five hundred dollars, to be paid from the
Highway Fund and to be in addition to any
amount heretofore appropriated for the purpose. 10,500 00

651 For services other than personal, including traveling

expenses, purchase of necessary supplies 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 ve-
hicles, a sum not exceeding thirty-seven thousand
dollars, to be paid from the Highway Fund and
to be in addition to any amount heretofore appro-
priated for the purpose ..... 37,000 00

Specials:

653a For the payment of land damages incidental to the
road expenditures authorized by chapter four hun-
dred and twenty of the acts of nineteen hundred
and thirty, a sum not exceeding twenty-five thou-
sand dollars, to be paid from the Highway Fund.
Section twelve of said chapter four hundred and
twenty shall not apply to this item . . . 25,000 00

653b For the payment of land damages incidental to the
road expenditures authorized by chapter three
hundred and forty-one of the acts of nineteen hun-
dred and thirty-four, a sum not exceeding twenty-
five thousand dollars, to be paid from the Highway
Fund 25,000 00

Functions of the department relating to waterways
and public lands:
660 For expenses of surveying certain town boundaries,
by the department of public works, a sum not ex-
ceeding five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 500 00

665 For the operation and maintenance of the Cape Cod

Canal pier, a sum not exceeding one thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,000 00

666 For expenses of perambulating state boundary lines,

a sum not exceeding twenty-five hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 2,500 00

666b (This item omitted.)

666c For expenses of certain improvements at the New
Bedford pier, as authorized by chapter three hun-
dred and eighty-nine of the acts of the current
year, a sum not exceeding ten thousand dollars . 10,000 00

666d For expenses of certain improvements in the Salis-
bury reclamation district, as authorized by chap-
ter three hundred and ninety-nine of the acts of
the current vear, a sum not exceeding thirteen
thousand dollars 13,000 00

666e For expenditures for flood control of the Housatonic
river, as authorized by chapter four hundred and
thirteen of the acts of the current year, a sum not
exceeding twelve thousand five hundred dollars . 12,500 00

700 Acts, 1935. — Chap. 497.

Item

Functions of the department relating to Port of
Boston (the following items are to be paid from
the Port of Boston receipts):

668 For the supervision and operation of commonwealth

pier five, including the salaries or other compensa-
tion of employees, and for the repair and replace-
ment of equipment and other property, a sum not
exceeding sixty-two hundred and fifty dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $6,250 00
668a For deficiencies in appropriations of previous years
for the supervision and operation of common-
wealth pier five, including the salaries or other
compensation of employees, and for the repair
and replacement of equipment and other prop-
erty, a sum not exceeding four thousand sixty
dollars and six cents ..... 4,060 06

669 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
twenty thousand dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 20,000 00

670 For dredging channels and filling flats, a sum not

exceeding thirty-five thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 35,000 00
670a For the removal of certain abandoned hulks in Bos-
ton harbor, as authorized by chapter two hundred
and eighty-two of the acts of the current year, a
sum not exceeding five thousand dollars . . 5,000 00

Total $739,500 06

Service of the Department of Public Utilities.

675 For personal services of the telephone and telegraph
division, a sura not exceeding one thousand two
hundred and forty dollars, the same to be in addi-
tion to any amount heretofore appropriated for

the purpose $1,240 00

Special:

680 For the administration of chapter one hundred and
fifty-nine B of the General Laws, being the law
relative to the regulation of motor truck traffic,
a sum not exceeding eight thousand seven hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 8,700 00

Sale of Securities:
688 For personal services in administering the law rela-
tive to the sale of securities, a sum not exceeding
two thousand eighty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 2,080 00

Total $12,020 00

Miicellantous.
The following items are to be paid from the High-
waj' Fund, with the approval of the Metro-
politan District Commission:
691 For maintenance of boulevard.-? and parkways, a sum
not exceeding twenty-eight thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $28,000 00

Acts, 1935. — Chap. 497. 701

It«m

692a For the extension of the Mystic Valley Parkway, so-
called, as authorized by chapter three hundred
and seven of the acts of the current year, a sum
not exceeding ten thousand dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose $10,000 00

Total $38,000 00

Unclassified Accounts and Claims.

695 For the compensation of any veteran who may be

696 For the compensation of certain prison officers and

instructors formerly in the service of the common-
wealth, now retired, a sum not exceeding two
thousand three hundred dollars, the same to be
in addition to any amount heretofore appropriated

for the purpose 2,300 00

705 For the payment of claims authorized by certain
resolves of the current year, a sum not exceeding
thirty-six thousand eight hundred forty -seven
dollars and ninety-six cents of which sum twenty-
five himdred dollars shall be paid from the High-
way Fund: Said payments shall be certified by
the comptroller of the commonwealth only upon
the filing of satisfactory releases or other evidence
that the payments are accepted as full compensa-
tion on the part of the commonwealth in respect
thereto 36,847 96

Total . $44,147 96

Metropolitan District Commission.
The following items are to be assessed upon the
several districts in accordance with the methods
fixed by law, unless otherwise provided, and to
be expended under the direction and with the
approval of the metropolitan district commis-
sion:

706 For maintenance of the Charles River basin, a sum

not exceeding thirty-three hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $3,300 00

707 For maintenance of park reservations, a sum not ex-

ceeding sixty-nine thousand one hundred and

forty dollars, including retirement of soldiers

under the provisions of the General Laws, the

same to be in addition to any amount heretofore

appropriated for the purpose .... 69,140 00
707a For certain investigations authorized by chapter

fiifty of the resolves of the current year, a sum not

exceeding five thousand dollars, to be paid from

maintenance of park reservations . . . 5,000 00

708a For the extension of the Mystic Valley Parkway,

so-called, as authorized by chapter three hundred

and seven of the acts of the current year, a sum

not exceeding ten thousand dollars, to be paid

from maintenance of park reservations and to be

in addition to the amount appropriated in Item

692a 10,000 00

702 Acts, 1935. — Chap. 497.

Item

708b For certain improvements in the Old Colony Park-
way, as authorized by chapter four hundred and
twenty-two of the acts of the current year, a sum
not exceeding one hundred thousand dollars, to
be paid from maintenance of park reservations . $100,000 00
To carry out the provisions of chapter four hun-
dred and forty-eight of the acts of the current
year providing for the purchase of certain prop-
erty, including a dam on the Charles river in
the city of Waltham, the commission is hereby
authorized to anticipate an appropriation of
twenty-five thousand dollars, to be assessed
upon the metropolitan parks district in the year
nineteen hundred and thirty-six. Payment for
such property within the limits aforesaid may
be made at any time after December first, nine-
teen hundred and thirty-five.

712 For the maintenance and operation of a system of

sewage disposal for the north metropolitan sewer-
age district, a sum not exceeding five thousand
eight hundred and seventy dollars, including re-
tirement of soldiers under the provisions of the
General Laws, the same to be in addition to any
amount heretofore appropriated for the purpose . 5,870 00

713 For the maintenance and operation of a system of

sewage disposal for the south metropolitan sewer-
age district, a sum not exceeding six thousand six
hundred and eighty dollars, including retirement
of soldiers under the provisions of the General
Laws, the same to be in addition to any amount
heretofore appropriated for the purpose . . 6,680 00

714 For the maintenance and operation of the metro-

pohtan water system, a sum not exceeding one
thousand two hundred and fifty dollars, including
retirement of soldiers under the provisions of the
General Laws, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,250 00

716a For the investigation authorized by chapter forty-
two of the resolves of the current year relative to
the condition of certain water in Boston harbor,
a sum not exceeding fifteen thousand dollars; pro-
vided, that the limitation as to the time for mak-
ing the report under said resolve shall not affect
the expenditure of money in carrying out the pur-
pose of the investigation ..... 15,000 00

Total $216,240 00

Deficiencies.
For deficiencies in certain appropriations of pre-
vious years, in certain items, as follows:

Department of Education.

For maintenance of the state teachers' college at
Westfield, the sum of four hundred fifty-seven
dollars and fifty-one cents .... $457 51

For maintenance and current expenses of the Massa-
chusetts state college, the sum of one hundred
sixty-two dollars and ninety-two cents . . 162 92

Department of Correction.
For services other than personal, including printing
the annual report, necessary oflice supplies and
equipment, the sum of one hundred five dollars
and thirty cents . . . . . . $105 30

Item

Acts, 1935. — Chap. 497. 703

For maintenance of the reformatory for women, the
sum of fourteen hundred twenty-six dollars and
fifty-nine cents $1,426 59

For maintenance of the state prison colony, the sum
of one hundred ninety-five dollars and ninety-six
cents 195 96

Department of Public Works.

For services other than personal for functions of the
department relating to highways, including print-
ing pamphlet of laws and the annual report, and
necessary office supplies and equipment, the sum
of eight dollars, to be paid from the Highway Fund 8 00

For the maintenance and repair of state highways,
including care of snow on highways, expenses of
traffic signs and fights; for payment 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
maintenance of a nursery for roadside planting,
the sum of twenty dollars, to be paid from the
Highway Fund 20 00

For the maintenance and improvement of common-
wealth property under the control of the depart-
ment in connection with its functions relating to
waterways and public lauds, the sum of one hun-
dred forty-nine doUars and eighteen cents . . 149 18

Unclassified Accounts and Claims.
For reimbursing officials for premiums paid for pro-
curing sureties on their bonds, as provided by law,
the sum of forty dollars . . . . . 40 00

Total . . $2,565 46

Other Appropriations.

17 For the salaries of the chaplains of the senate and
house of representatives, a sum not exceeding two
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $200 00

19 For personal services of the counsel to the house of
representatives and assistants, a sum not exceed-
ing four thousand dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 4,000 00

21 For clerical and other assistance of the house com-
mittee on rules, a sum not exceeding seven hun-
dred and fifty dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 750 00

23 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 seventeen thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 17,000 00
680 For the administration of chapter one hundred and
fifty-nine B of the General Laws, being the law
relative to the regulation of motor truck traffic, a
sum not exceeding twenty-six hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 2,600 00

704 Acts, 1935. — Chap. 497.

It«m

695 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 ex-
ceeding two thousand and seventy dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $2,070 00
697 For the compensation of state police officers formerly
in the service of the commonwealth, and now re-
tired, a sum not exceeding one hundred and sixty
dollars, the same to be in addition to any amoimt
heretofore appropriated for the purpose . . 160 00
A transfer in the sum of five hundred dollars is here-
by made from Item 601 of chapter two hundred
and forty-nine of the acts of the current year, and
said sum is hereby added to Item 602a of said
chapter two hundred and forty-nine.
168a For administrative expenses of the state planning
board, as authorized by chapter four hundred and
seventy-five of the acts of the current year, a sum
not exceeding seven thousand dollars . . . 7,000 00
448a For administrative expenses of the unemployment
compensation commission, as authorized by chap-
ter four hundred and seventy-nine of the acts of
the current year, a sum not exceeding seven thou-
sand doUars 7,000 00

450 For personal services of officers and employees in
the department of mental diseases, a sum not ex-
ceeding fifteen hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,500 00

482 For maintenance of the Metropolitan state hospital,
a sum not exceeding one hundred dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose . . . . 100 00

2A For additional travel allowance for certain members
of the general court and additional compensation
to certain officers and employees of the general
court, in consideration of the extraordinary dura-
tion of the current session of the general court, in
accordance with the terms of a joint order of the
general court adopted August fourteenth of the
current year, a sum not exceeding twenty-six thou-
sand one hundred dollars ..... 26,100 00

168 For expenses of the board appointed to formulate
projects or perform any act necessary to enable
the commonwealth to receive certain benefits pro-
vided by the National Industrial Recovery Act,
a sum not exceeding eleven hundred and fifty dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,150 00

653 For the reconstruction of Ocean avenue in the city
of Revere, as authorized by chapter three hundred
and seventy-five of the acts of nineteen hundred
and thirty-four, as amended by chapter four hun-
dred and eighty-seven of the acts of the current
year, a sum not exceeding twenty-five thousand
dollars, to be paid from the Highway Fund and
to be in addition to any amount heretofore appro-
priated for the purpose; provided, that the depart-
ment of public works is hereby authorized to
contract forthwith for work and to incur any
other incidental expenses authorized up to the
amount of six hundred and ten thousand dollars,

Acts, 1935. — Chap. 497. 705

Item

as authorized by said chapter three hundred and
seventy-five, as amended, and the state treasurer,
for the purposes of this act, may borrow under
authority granted by section forty-seven of chap-
ter twenty-nine of the General Laws, as appearing
in the Tercentenary Edition thereof . . . $25,000 00

645 For the construction and repair of town and county
ways, a sum not exceeding twenty-five thousand
dollars, to be paid from the Highway Fund and to
be in addition to any amount heretofore appro-
priated for the purpose ..... 25,000 00
22c For traveling expenses of the joint committee on
ways and means during the recess, as authorized
by a joint order of the current year, a sum not
exceeding twenty-five hundred dollars . . 2,500 00

Section 3. To provide for the salaries and compensa-
tion of additional employees whose employment is made
necessary by reason of the provisions of chapter four hun-
dred and forty-four of the acts of the current year, there is
hereby appropriated from the general fund of the common-
wealth the sum of three hundred and fifty thousand dollars,
the same to be in addition to any appropriations heretofore
made for the salaries and compensation of employees of
departments and institutions affected by the provisions of
said chapter four hundred and forty-four. For the pur-
pose of apportioning the appropriation made by this section,
each sum expressed by section two of chapter two hundred
and forty-nine of the acts of the current year to be available
in whole or in part for personal services shall be increased
by such amount, if any, as will make available for salaries
and compensation covered thereby so much as is required
to provide for the salaries and compensation of additional
employees required by said chapter four hundred and forty-
four. The state comptroller, in setting up such items for
personal services on the appropriation ledger in his bureau,
shall take as the amounts appropriated therefor by said
section two of chapter two hundred and forty-nine and this
section, the sums so expressed as increased as aforesaid, and
he shall forthwith notify each officer having charge of any
department or institution which receives such an appropria-
tion 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 carrying out the provisions of this
section.

General and Highway Funds $2,541,220 86

Metropolitan District Commission .... 216,240 00

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

Approved August 15, 1935.

706

Acts, 1935. — Chap. 498.

Emergency
preamble.

Chap .4:98 An Act to apportion and assess a state tax of ten

MILLION DOLLARS.

Whereas, A delay in the taking effect of this act would
cause great inconvenience in the collection of the state tax,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 1. Each city and town in the commonwealth
shall be assessed and pay the sum with which it stands
charged in the following schedule, that is to say: —

Abington, ninety-two hundred dollars

Acton, six thousand dollars ....

Acushnet, fifty-six hundred dollars

Adams, sixteen thousand nine hundred dollars

Agawam, fourteen thousand two hundred dollars

Alford, five hundred dollars ....

Amesbury, fifteen thousand four hundred dollars

Amherst, fourteen thousand four hundred dollars

Andover, twenty-six thousand five hundred dollars

Arlington, eighty-nine thousand three hundred dollars

Ashburnham, twenty-nine hundred dollars .

Ashby, sixteen hundred dollars ....

Ashfield, nineteen hundred dollars

Ashland, forty-four hundred dollars .

Athol, seventeen thousand nine hundred dollars .

Attleboro, thirty -nine thousand four hundred dollars

Auburn, ninety-seven hundred dollars

Avon, thirty-two hundred dollars

Ayer, fifty-five hundred dollars ....

Barnstable, thirty-two thousand seven hundred dollars

Barre, fifty-one hundred dollars ....

Becket, fourteen hundred dollars

Bedford, forty-two hundred dollars

Belchertown, twenty-six hundred dollars

Bellingham, forty-one hundred dollars

Belmont, seventy thousand eight hundred dollars

Berkley, fourteen hundred dollars

Berlin, seventeen hundred dollars

Bemardston, fifteen hundred dollars .

Beverly, sixty-four thousand seven hundred dollars

Billerica, fourteen thousand three hundred dollars

Blackstone, forty-one hundred dollars

Blandford, twelve hundred dollars

Bolton, seventeen hundred dollars

Boston, two million five hundred thirty-seven thousand

two hundred dollars .....
Bourne, thirteen thousand five hundred dollars .
Boxborough, six hundred dollars
Boxford, twenty-one hundred dollars .
Boylston, sixteen hundred dollars
Brain tree, forty thousand five hundred dollars
Brewster, three thousand dollars
Bridgewater, ninety-four hundred dollars
Brimfield, fifteen hundred dollars
Brockton, one hundred eighteen thousand eight hun

dred dollars .......

Brookfield, twenty-two hundred dollars

Brookline, two hundred seventeen thousand six hundred

dollars

$9,200 00

6,000 00

5,600 00

16,900 00

14,200 00

500 00

15,400 00

14,400 00

26,500 00

89.300 00

2,900 00

1,600 00

1,900 00

4,400 00

17,900 00

39,400 00

9,700 00

3,200 00

5.500 00

32,700 00

5,100 00

1,400 00

4,200 00

2,600 00

4,100 00

70,800 00

1,400 00

1,700 00

1,500 00

64,700 00

14,300 00

4,100 00

1,200 00

1,700 00

2,537,200 00

13,500 00

600 00

2,100 00

1,600 00

40,500 00

3,000 00

9,400 00

1,500 00

118,800 00
2,200 00

217,600 00

Acts, 1935. — Chap. 498.

707

Buckland, forty-three hundred dollars

Burlington, thirty-seven hundred dollars

Cambridge, two hundred seventy-five thousand two hun
dred dollars .......

Canton, thirteen thousand one hundred dollars .

Carlisle, sixteen hundred dollars

Carver, forty-five hundred dollars

Charlemont, eighteen hundred dollars

Charlton, three thousand dollars

Chatham, eighty-two hundred dollars

Chelmsford, eleven thousand one hundred dollars

Chelsea, seventy-five thousand six hundred dollars

Cheshire, twenty-three hundred dollars

Chester, twenty-three hundred dollars

Chesterfield, one thousand dollars

Chieopee, sixty-three thousand seven hundred dollars

Chilmark, one thousand dollars ....

Clarksburg, fourteen hundred dollars .

Clinton, eighteen thousand one hundred dollars .

Cohasset, fourteen thousand two hundred dollars

Colrain, twenty-four hundred dollars .

Concord, fifteen thousand one hundred dollars

Conway, sixteen hundred dollars

Cummington, nine hundred dollars

Dalton, eleven thousand seven hundred dollars .

Dana, seven hundred dollars ....

Danvers, twenty thousand nine hundred dollars .

Dartmouth, seventeen thousand five hundred dollars
Dedham, thirty-seven thousand two hundred dollars
Deerfield, six thousand dollars .
Dennis, fifty-one hundred dollars
Dighton, fifty-six hundred dollars
Douglas, thirty-one hundred dollars
Dover, sixty-nine hundred dollars
Dracut, seven thousand dollars .
Dudley, fifty-five hundred dollars
Dunstable, seven hundred dollars
Duxbury, ninety-nine hundred dollars
East Bridgewater, seventy-eight hundred dollars
East Brookfield, seventeen hundred dollars .
East Longmeadow, six thousand dollars
Eastham, seventeen hundred dollars .
Easthampton, sixteen thousand one hundred dollars
Easton, eighty-eight hundred dollars
Edgartown, sixty-six hundred dollars
Egremont, fourteen hundred dollars
Enfield, seven hundred dollars .
Erving, thirty-two hundred dollars
Essex, three thousand dollars
Everett, one hundred seven thousand nine himdred dol
lars ........

Fairhaven, seventeen thousand seven hundred dollars
Fall River, one hundred seventy-five thousand three hun
dred dollars .......

Falmouth, twenty-nine thousand two hundred dollars
Fitchburg, seventy-eight thousand six hundred dollars
Florida, nineteen hundred dollars
Foxborough, eighty-nine hundred dollars
Framingham, fifty-two thou^-and six hundred dollars
Franklin, fourteen thousand one hundred dollars .
Freetown, twenty-four hundred dollars
Gardner, thirty-five thousand six hundred dollars
Gay Head, two hundred dollars ....

Georgetown, thirty-one hundred dollars

Gill, fifteen hundred dollars ....

Gloucester, fifty-eight thousand nine hundred dollars

$4,300 00
3,700 00

275,200 00

13,100 00

1,600 00

4,500 00

1,800 00

3,000 00

8,200 00

11,100 00

75,600 00

2,300 00

1,000 00

63,700 00

1,000 00

1,400 00

18,100 00

14,200 00

2,400 00

15,100 00

1,600 00

900 00

11,700 00

700 00

20,900 00

17,500 00

37,200 00

6,000 00

5,100 00

5,600 00

3,100 00

6,900 00

7,000 00

5,500 00

700 00

9,900 00

7,800 00

1,700 00

6,000 00

1,700 00

16,100 00

8,800 00

6,600 00

1,400 00

700 00

3,200 00

3,000 00

107,900 00
17,700 00

175,300 00

29,200 00

78,600 00

1,900 00

8,900 00

52,600 00

14,100 00

2,400 00

35,600 00

200 00

3,100 00

1.500 00

58,900 00

708

Acts, 1935. — Chap. 498.

Goshen, five hundred dollars

Gosnold, eighteen hundred dollars

Grafton, seventy-four hundred dollars

Granby, sixteen hundred dollars

Granville, twenty-seven hundred doUars

Great Barrington, thirteen thousand six hundred dollars

Greenfield, forty-one thousand eight hundred dollars

Greenwich, eight hundred dollars

Groton, seventy-eight hundred dollars

Groveland, twenty-eight hundred dollars

Hadley, forty -five hundred dollars

Halifax, twenty-one hundred dollars .

Hamilton, eighty-one hundred dollars

Hampden, twelve hundred dollars

Hancock, seven hundred dollars

Hanover, fifty-eight hundred dollars .

Hanson, forty-three hundred dollars .

Hardwick, three thousand dollars

Harvard, thirty-six hundred dollars .

Harwich, eighty-six hundred dollars .

Hatfield, forty-one hundred dollars

Haverhill, eighty-five thousand three hundred dollars

Hawley, four hundred dollars ....

Heath, six hundred dollars ....

Hingham, twenty-one thousand nine hundred doUars

Hinsdale, sixteen hundred dollars

Holbrook, fifty-four hundred dollars .

Holden, fifty-three hundred dollars

Holland, three hundred dollars ....

HoUiston, fifty-nine hundred dollars .

Holyoke, one hundred twenty-eight thousand six hun
dred dollars ......

Hopedale, eleven thousand five hundred dollars

Hopkinton, forty-six hundred dollars .

Hubbardston, thirteen hundred dollars

Hudson, eleven thousand five hundred dollars

Hull, twenty-four thousand dollars

Huntington, seventeen hundred dollars

Ipswich, ten thousand five hundred dollars .

Kingston, sixty-five hundred dollars .

Lakeville, twenty-three hundred dollars

Lancaster, five thousand dollars

Lancsborough, nineteen hundred dollars

Lawrence, one hundred fifty-six thousand eight hundred
dollars ........

Lee, seventy-seven hundred dollars

Leicester, fifty-five hundred dollars

Lenox, ninety-two hundred dollars

Leominster, forty-one thousand three hundred doUars

Leverett, eight hundred dollars ....

Lexington, thirty-two thousand dollars

Leyden, five hundred dollars ....

Lincoln, forty-eight hundred dollars .

Littleton, forty-three hundred dollars .

Longmeadow, seventeen thousand seven hundred dollars

Lowell, one hundred sixty-three thousand eight hundred
dollars .........

Ludlow, twelve thousand seven hundred dollars .

Lunenburg, thirty-five hundred dollars

Lj'nn, two hundred eleven thousand one hundred dollars

Lynnfield. fifty-six hundred dollars ....

Maiden, one hundred nine thousand dollars

Manchester, sixteen thousand dollars ....

Mansfield, eleven thousand six hundred dollars .

Marblehead, twenty-eight thousand eight hundred dol-
lars .........

$500 00
1,800 00
7,400 00
1,600 00
2,700 00
13,600 00
41,800 00

800 00
7,800 00
2,800 00
4,500 00
2,100 00
8,100 00
1,200 00

700 00
5,800 00
4,300 00
3,000 00
3,600 00
8,600 00
4,100 00
85,300 00

400 00

600 00

21,900 00

1,600 00

5,400 00

5,300 00

300 00
5,900 00

128,600 00

11,500 00

4,600 00

1,300 00

11,500 00

24,000 00

1,700 00

10,500 00

6,500 00

2,300 00

5,000 00

1,900 00

156,800 00

7,700 00

5,500 00

9,200 00

41,300 00

800 00

32,000 00

500 00

4,800 00

4,300 00

17,700 00

163,800 00

12.700 00

3,500 00

211,100 00

5,600 00

109,000 00

16,000 00

11,600 00

28.800 00

Acts, 1935. — Chap. 498.

709

Marion, seventy-two hundred dollars ....

Marlborough, twenty-five thousand seven hundred dol
lars ........

Marshfield, ten thousand four hundred dollars

Mashpee, thirteen hundred dollars

Mattapoisett, fifty-five hundred dollars

Maynard, eleven thousand dollars

Medfield, forty-one hundred dollars

Medford, one hundred twenty-one thousand three hun
dred dollars .......

Medway, fifty-three hundred dollars .

Melrose, fifty-six thousand dollars

Mendon, twenty-one hundred dollars .

Merrimac, twenty-seven hundred dollars

Methuen, thirty-one thousand five hundred doUars

Middleborough, fourteen thousand four hundred dollars

Middlefield, five hundred dollars

Middleton, thirty-one hundred dollars

Milford, twenty-three thousand nine hundred dollars

Millbury, ninety-eight hundred dollars

Millis, forty-nine hundred dollars

Millville, nineteen hundred dollars

Milton, fifty-three thousand two hundred dollars .

Monroe, seventeen hundred dollars

Monson, fifty-six hundred dollars

Montague, fifteen thousand one hundred dollars .

Monterey, twelve hundred dollars

Montgomery, four hundred dollars

Mount Washington, three hundred dollars .

Nahant, eighty-four hundred dollars .

Nantucket, seventeen thousand four hundred dollars

Natick, thirty thousand seven hundred dollars

Needbam, thirty-five thousand six hundred dollars

New Ashford, two hundred dollars

New Bedford, one hundred eighty-eight thousand dollars

New Braintree, eight hundred dollars .

New Marlborough, two thousand dollars

New Salem, seven hundred dollars

Newbury, thirty-three hundred dollars

Newburyport, twenty thousand nine hundred dollars

Newton, two hundred twenty-five thousand nine hundred
dollars ........

Norfolk, twenty-five hundred dollars .

North Adams, thirty-six thousand eight hundred dollars

North Andover, thirteen thousand nine hundred dollars

North Attleborough, sixteen thousand one hundred dol-
lars ........

North Brookfield, four thousand dollars

North Reading, thirty-nine hundred dollars

Northampton, forty-one thousand dollars .

Northborough, thirty-three hundred dollars

Northbridge, fifteen thousand five hundred dollars

Northfield, thirty-one hundred dollars

Norton, thirty-eight hundred dollars .

Norwell, thirty-two hundred dollars .

Norwood, thirty-eight thousand three hundred dollars

Oak Bluffs, seventy-one hundred dollars

Oakham, seven hundred dollars ....

Orange, eighty-three hundred dollars .

Orleans, fifty-two hundred dollars

Otis, nine hundred dollars .....

Oxford, fifty-two hundred dollars

Palmer, thirteen thousand two hundred dollars .

Paxton, fourteen hundred dollars

Peabody, thirty-seven thousand two hundred dollars

Pelham, eleven hundred dollars ....

$7,200 00

25,700 00

10,400 00

1,300 00

5,500 00

11,000 00

4,100 00

121,300 00

5,300 00

56,000 00

2,100 00

2,700 00

31,500 00

14,400 00

500 00

3,100 00

23,900 00

9,800 00

4,900 00

1,900 00

53,200 00

1,700 00

5,600 00

15,100 00

1,200 00

400 00

300 00

8,400 00

17,400 00

30,700 00

35,600 00

200 00

188,000 00

800 00

2,000 00

700 00

3,300 00

20,900 00

225,900 00

2,500 00

36,800 00

13,900 00

16,100 00
4,000 00
3,900 00

41,000 00
3,300 00

15,500 00
3,100 00
3,800 00
3,200 00

38,300 00
7,100 00
700 00
8,300 00
5,200 00
900 00
5,200 00

13,200 00
1,400 00

37,200 00
1,100 00

710

Acts, 1935. — Chap. 498.

Pembroke, forty-two hundred dollars .

Pepperell, forty-eight hundred dollars

Peru, four hundred dollars ....

Petersham, twenty-one hundred dollars

Phillipston, six hundred dollars ....

Pittsfield, ninety-four thousand four hundred dollars

Plainfield, five hundred dollars ....

Plainville, twenty-six hundred dollars

Plymouth, thirtj'-six thousand six hundred dollars

Plympton, eleven hundred dollars

Prescott, one hundred dollars ....

Princeton, nineteen hundred dollars .

Provincetown, sixty-seven hundred dollars .

Quincy, one hundred eighty-four thousand six hundred

dollars ........

Randolph, ninety-five hundred dollars

Raynham, twenty-nine hundred dollars

Reading, twenty-four thousand three hundred dollars

Rehoboth, four thousand dollars

Revere, fifty-six thousand eight hundred dollars .

Richmond, twelve hundred dollars ' .

Rochester, twenty-one hundred dollars

Rockland, thirteen thousand one hundred dollars

Rockport, eighty-eight hundred dollars

Rowe, eleven hundred dollars ....

Rowley, twenty-three hundred dollars

Royalston, thirteen hundred dollars .

Russell, fifty-nine hundred dollars

Rutland, twenty-two hundred dollars .

Salem, eighty-seven thousand nine hundred dollars

Salisbury, fifty-two hundred dollars .

Sandisfield, one thousand dollars

Sandwich, thirty-nine hundred dollars

Saugus, twenty-four thousand two hundred dollars

Savoy, four hundred dollars ....

Scituate, seventeen thousand six hundred dollars .

Seekonk, seventy-seven hundred dollars

Sharon, ninety-two hundred dollars

Sheffield, twenty-four hundred dollars

Shelburne, forty-three hundred dollars

Sherborn, thirty-four hundred dollars .

Shirley, thirty-two hundred dollars

Shrewsbury, thirteen thousand seven hundred dollars

Shutesbury, six hundred dollars ....

Somerset, seventeen thousand seven hundred dollars
Somerville, one hundred eighty-one thousand seven hun

dred dollars .......

South Hadley, thirteen thousand one hundred dollars

Southampton, fifteen hundred dollars .

Southborough, fifty-four hundred dollars

Southbridge, eighteen thousand one hundred dollars

Southwick, thirty-two hundred dollars

Spencer, seventy-seven hundred dollars

Springfield, four hundred twenty-two thousand three

hundred dollars ......

Sterling, three thousand dollars ....

Stockbridge, seventy-five hundred dollars .
Stoneham, twenty-two thousand dollars
Stoughton, fourteen thousand four hundred dollars
Stow, twenty-two hundred dollars
Sturbridge, twenty-four hundred dollars
Sudbury, forty-two hundred dollars .
Sunderland, eighteen hundred dollars .
Sutton, twenty-nine hundred dollars .
Swampscott, thirty-six thousand nine hundred dollars
Swansea, seventy-one hundred dollars

$4,200 00

4,800 00

400 00

2,100 00

600 00

94,400 00

500 00

2,600 00

36,600 00

1,100 00

100 00

1,900 00

6,700 00

184,600 00
9,500 00
2,900 00

24,300 00
4,000 00

56,800 00
1,200 00
2,100 00

13,100 00
8,800 00
1,100 00
2,300 00
1,300 00
5,900 00
2,200 00

87,900 00
6,200 00
1,000 00
3,900 00

24,200 00
400 00

17,600 00
7,700 00
9,200 00
2,400 00
4,300 00
3,400 00
3,200 00

13,700 00
600 00

17,700 00

181,700 00
13,100 00
1,500 00
5,400 00
18,100 00
3,200 00
7,700 00

422,300 00

3,000 00

7,600 00

22,000 00

14,400 00

2,200 00

2,400 00

4,200 00

1,800 00

2,900 00

36,900 00

7,100 00

Acts, 1935. — Chap. 498.

711

Taunton, fifty-seven thousand six hundred dollars

Templeton, fifty-three hundred dollars

Tewksbury, sixty-six hundred dollars .

Tisbury, seventy-five hundred dollars

Tolland, five hundred dollars

Topsfield, fifty-three hundred dollars .

Townsend, thirty-nine hundred dollars

Truro, twenty-one hundred dollars

Tyngsborough, twenty-five hundred dollars

Tyringham, seven hundred dollars

Upton, twenty-five hundred dollars

Uxbridge, twelve thousand three hundred dollars

Wakefield, thirty -two thousand five hundred dollars

Wales, six hundred dollars ....

Walpole, twenty-one thousand four hundred dollars
Waltham, eighty-five thousand two hundred dollars
Ware, ninety-one hundred dollars
Wareham, eighteen thousand six hundred dollars
Warren, forty-three hundred dollars .
Warwick, six hundred dollars ....

Washington, four hundred dollars
Watertown, eighty thousand two hundred dollars
Wayland, eighty-seven hundred dollars
Webster, seventeen thousand seven hundred dollars
Wellesley, fifty-three thousand five hundred dollars
Wellfleet, twenty-nine hundred dollars
Wendell, fourteen hundred dollars
Wenham, fifty-three hundred dollars .
West Boylston, thirty-five hundred dollars .
West Bridgewater, forty-nine hundred dollars
West Brookfield, twenty-two hundred dollars
West Newbury, twenty-three hundred dollars
West Springfield, thirty-seven thousand five hundred dol
lars ........

West Stockbridge, two thousand dollars
West Tisbury, twelve hundred dollars
Westborough, seventy-three hundred dollars
Westfield, thirty thousand two hundred dollars .
Westford, sixty-six hundred dollars
Westhampton, six hundred dollars
Westminster, twenty-seven hundred dollars
Weston, fourteen thousand four hundred dollars .
Westport, eighty-six hundred dollars .
Westwood, seventy-four hundred dollars
Weymouth, sixty-eight thousand one hundred dollars
Whately, eighteen hundred dollars
Whitman, thirteen thousand two hundred dollars
Wilbraham, forty-seven hundred dollars
Williamsbiu-g, twenty-one hundred dollars .
Williamstown, eleven thousand four hundred dollars
Wilmington, sixty-seven hundred dollars
Winchendon, ninety-one hundred dollars
Winchester, forty-four thousand four hundred dollars
Windsor, seven hundred dollars ....

Winthrop, thirty-seven thousand dollars
Woburn, thirty-two thousand nine hundred dollars
Worcester, four hundred sixty thousand dollars .
Worthington, one thousand dollars
Wrentham, fifty-five hundred dollars .
Yarmouth, sixty-eight hundred dollars

$10,000,000 00

Section 2. The state treasurer shall forthwith send his
warrants to the selectmen or assessors of each city and
town taxed as aforesaid, requiring them respectively to

$57,600 00

5,300

6,600

7,500

500

5,300

3,900

2,100

2,500

700 00

2,500

12,300

32,500

600

21,400 00

85,200

9,J00

18,600

4,300

600

400

80,200

8,700

17,700

53,500

2,900

1,400

5,300

3,500

4,900

2,200

2,300

37,500 00

2,000

1,200

7,300

30,200

6,600

600

2.700

14,400

8,600

7,400

68,100

1,800

13,200

4,700

2,100

11,400

6,700

9,100

44,400

700

37,000

32,900

460,000

1,000

5,500

6,800

712 Acts, 1935. — Chap. 498.

assess in the manner provided in section twenty-one of
chapter fifty-nine of the General Laws the sum so charged,
and any other taxes or charges which may be due and
payable to the commonwealth as specifically provided by
law or as certified to him by the proper state board, depart-
ment or commission, and to add the amount of such taxes
and charges to the amount of city, town and county taxes
to be assessed by them respectively on each city and town.

Section 3. The state treasurer in his warrant shall
require the selectmen or assessors to pay, or issue severally
their warrant or warrants requiring the treasurers of their
several cities and towns to pay to the state treasurer, on
or before November twentieth in the year nineteen hun-
dred and thirty-five, the sums set against said cities and
towns in the schedule aforesaid; and the selectmen or
assessors, respectively, shall return a certificate of the names
of the treasurers of their several cities and towns, with the
sum which each may be required to collect, to the state
treasurer at some time before September first in the year
nineteen hundred and thirty-five.

Section 4. If the amount due from any city or town,
as provided in this act, is not paid to the state treasurer
within the time specified, then the state treasurer shall
notify the treasurer of such delinquent city or town, who
shall pay into the treasury of the commonwealth, in addi-
tion to the tax, such further sum as would be equal to one
per cent per month during the delinquency from and after
November twentieth in the year nineteen hundred and
thirty-five ; and if the same remains unpaid after December
first in the year nineteen hundred and thirty-five, an in-
formation may be filed by the state treasurer in the supreme
judicial court, or before any justice thereof, against such
delinquent city or town; and upon notice to such city or
town, and a summary hearing thereon, a warrant of distress
may issue against such city or town to enforce the payment
of said taxes under such penalties as the court, or the justice
thereof before whom the hearing is had shall order. The
state treasurer may deduct at any time from any moneys
which may be due from the commonwealth to any city or
town the whole or any part of the tax herein apportioned
or any other tax or charge which may be due to the com-
monwealth from such city or town, with the interest accrued
thereon. Approved August 15, 1935.

RESOLVES

Resolve validating the acts of frank h. stewart of Qjiap. 1

NEWTON AS A NOTARY PUBLIC.

Resolved, That the acts of Frank H. Stewart of Newton
as a notary public, between January ninth, nineteen hun-
dred and thirty-one, and October first, nineteen hundred
and thirty-four, both dates inclusive, are hereby confirmed
and made vaHd to the same extent as if during said time
he had been quahfied to discharge the duties of said office.

Approved February 14, 1935.

Resolve validating the acts or harry b. fry of great (Jfiap, 2

BARRINGTON AS A NOTARY PUBLIC.

Resolved, That the acts of Harry B. Fry of Great Bar-
rington as a notary pubHc, between September fourteenth,
nineteen hundred and thirty-four, and December eight-
eenth, nineteen hundred and thirty-four, both dates in-
clusive, are hereby confirmed and made valid to the same
extent as if during said time he had been quahfied to dis-
charge the duties of said office.

Approved February 14, 1936.

Resolve validating the acts of helen tighe lindblad (Jj^j) 3

OF SPRINGFIELD AS A NOTARY PUBLIC.

Resolved, That the acts of Helen Tighe Lindblad of
Springfield as a notary pubfic, between August seventeenth,
nineteen hundred and thirty-four, and January fifth,
nineteen hundred and thirty-five, both dates inclusive, are
hereby confirmed and made valid to the same extent as if
during said time she had been qualified to discharge the
duties of said ofiice. Approved February I4, 1935.

Resolve directing the commission on interstate com- (^/j^^j 4

PACTS affecting LABOR AND INDUSTRIES TO CONSIDER A ^'

CERTAIN PROBLEM AFFECTING THE EMPLOYMENT OF
PERSONS IN EARLY MIDDLE LIFE AND TO SEEK THE CO-
OPERATION OF THE INTERSTATE CONFERENCE ON LABOR
COMPACTS IN THE SOLUTION THEREOF.

Whereas, There exists at present a difficult problem
as to discrimination in employment because of age, which
is of common concern to this commonwealth and its sister
industrial states, and the solution of which problem is
highly desirable; and

714 Resolves, 1935. — Chaps. 5, 6.

Whereas, This problem was referred for investigation
and study to a special recess commission which was not
able to give due consideration to the relative effect of pos-
sible solutions thereof upon this and other industrial states,
owing to the inadequacy of time available to dispose of
this matter in addition to the other contentious matters
referred to it ; therefore, be it

Resolved, That the commission on interstate compacts
affecting labor and industries is hereby directed to con-
sider so much of the subject matter referred for investiga-
tion and study to a special commission under chapter
thirty-nine of the resolves of nineteen hundred and thirty-
four as relates to discrimination by industry and business
against persons in employment who have reached a certain
age in early middle life and also to seek the co-operation of
the interstate conference on labor compacts in abolishing
such discrimination and in eventually placing this class of
persons again in employment in industry and business to
the end that they may be self-supporting, thereby prevent-
ing the possibility of their becoming public charges with
the consequent problem of providing additional taxation.

Approved April 1, 1935.

Chav. 5 Resolve providing for the indexing of the special

LAWS OF THE COMMONWEALTH.

Resolved, That, for the purpose of expediting and pro-
moting accuracy in the work of the general court, and of
the several state departments, the counsel to the senate
and the counsel to the house of representatives are hereby
authorized and directed to cause to be indexed the special
laws passed by the general court during such years as the
said counsel, with the approval of the president of the senate
and the speaker of the house of representatives, may from
time to time determine, and to expend for such purpose
such sums as may be appropriated. For such purpose
there may be expended in the current fiscal year a sum not
exceeding three thousand dollars.

Approved April 3, 1935.

Chap. 6 Resolve validating the acts of willis benjamin

FELLOWS OF NEWTON AS A NOTARY PUBLIC.

Resolved, That the acts of Willis Benjamin Fellows of
Newton as a notary public, between December seventeenth,
nineteen hundred and thirty-one, and February twenty-
eighth, nineteen hundred and thirty-five, both dates inclu-
sive, are hereby confirmed and made valid to the same
extent as if during said time he had been qualified to dis-
charge the duties of said oflfice. Approved April 8, 1935.

Resolves, 1935. — Chaps. 7, 8, 9, 10. 715

Resolve providing for an investigation by the judicial Chav. 7

COUNCIL relative TO AUTHORIZING THE MAKING BY
attorneys at law of CERTAIN CONTINGENT FEE AGREE-
MENTS WITH THEIR CLIENTS.

Resolved, That the judicial council be requested to
investigate the subject matter of current house document
numbered nine hundred and ninety, relative to authoriz-
ing the making by attorneys at law of certain contingent
fee agreements with their clients, and to include its conclu-
sions and recommendations in relation thereto, with drafts
of such legislation as may be necessary to give effect to the
same, in its annual report for the current year.

Approved April 15, 1935.

Resolve relative to sundry accounts of the registrar (Jhd'n g

OF MOTOR VEHICLES WITH THE COMMONWEALTH.

Resolved, That the registrar of motor vehicles, or his
authorized agent, is hereby relieved from accounting to the
state treasurer for the sum of eight hundred and thirty-six
dollars and forty-one cents, the same being the sum of
various deficits appearing in his account with the common-
wealth on November thirtieth, nineteen hundred and thirty-
three, and in his cash account on February first, nineteen
hundred and thirty-four, all as set forth in the report of the
state auditor on his examination of the accounts of the
registry of motor vehicles completed April twenty-fourth,
nineteen hundred and thirty-four.

Approved April 18, 1935.

Resolve in aid of the grand army of the republic, Qhav 9

DEPARTMENT OF MASSACHUSETTS. ^'

Resolved, That, subject to appropriation, there be
allowed and paid from the treasury of the commonwealth
a sum not exceeding fifteen hundred dollars, in addition
to any unexpended balance remaining from any amount
heretofore appropriated for the same purpose, to aid in
defraying the expenses of the Grand Army of the Repub-
lic, Department of Massachusetts. Payments for such
aid shall be made upon the presentation to the comptroller
of vouchers therefor, approved by the assistant adjutant
general and the commander of said department.

Approved April 26, 1936.

Resolve validating the acts of Joseph w. daley of nhnq^ in

BELMONT AS A NOTARY PUBLIC. ^'

Resolved, That the acts of Joseph W. Daley of Belmont
as a notary public, between July twentieth, nineteen
hundred and thirty-four, and April first, nineteen hundred
and thirty-five, both dates inclusive, are hereby confirmed

716 Resolves, 1935. — Chaps. 11, 12, 13.

and made valid to the same extent as if during said time
he had been quaUfied to discharge the duties of said office.

Approved April 26, 1935.

Chap. 11 A Resolve PROVIDING FOR AN INVESTIGATION BY A SPECIAL
UNPAID COMMISSION OF THE PUBLIC HEALTH LAWS AND
POLICIES IN THE COMMONWEALTH.

Resolved, That an unpaid special commission, consisting
of the commissioner of public health and the commissioner
of mental diseases, ex officiis, and ten other members to be
appointed by the governor, is hereby established for the
purpose of studying and investigating the public health
laws and policies of the commonwealth. After complet-
ing said study and investigation, but not later than the
first Wednesday in December in the current year, said
commission shall report to the general court by filing with
the clerk of the house of representatives, the results of its
study and investigation, with its recommendations, if any,
as to what changes it deems necessary in such laws and
policies, together with drafts of such legislation as may be
necessary to carry such recommendations into effect.

Approved May 10, 1935.

Chap. 12 Resolve relative to certain expenses in connection

WITH THE interstate LEGISLATIVE ASSEMBLY AND THE
COMMISSION ON CONFLICTING TAXATION.

Resolved, That, subject to appropriation, there may be
paid out of the state treasury a sum not exceeding one
thousand dollars for defraying the expenses of delegates
representing the general court in attendance upon sessions
of the interstate legislative assembly held during the cur-
rent year and for promoting the purposes of the commis-
sion on conflicting taxation authorized and created by the
interstate legislative assembly. Such delegates shall not
exceed three in number and shall represent both political
parties. Approved May 10, 1935.

Chap. 13 Resolve providing for an investigation by the depart-
ment OF CONSERVATION RELATIVE TO THE ACQUISITION
BY THE COMMONWEALTH OF PROPERTY IN THE CITY OF
SALEM KNOWN AS OLD DERBY WHARF AND THE USE THERE-
OF AS A MEMORIAL PARK AND PLAYGROUND.

Resolved, That the department of conservation is hereby
authorized and directed to investigate the subject matter
of current house document numbered three hundred and
twenty-five, relative to the acquisition by the common-
wealth of the property in the city of Salem, known as Old
Derby wharf, and the use thereof as a memorial park and
playground. Said department shall report to the general
court the results of its investigation and its recommenda-

Resolves, 1935. — Chaps. 14, 15. 717

tions, if any, together with estimates of cost and drafts of
legislation necessary to carry such recommendations into
effect, by filing the same with the clerk of the house of
representatives on or before the first Wednesday of Decem-
ber in the current year. Approved May 21, 1935.

Resolve providing for an investigation by the divi- nhn^ 14

SIGN OF metropolitan PLANNING RELATIVE TO THE "'

advisability of ELECTRIFYING THE SAUGUS BRANCH OF
THE BOSTON AND MAINE RAILROAD.

Resolved, That the division of metropolitan planning
of the metropolitan district commission is hereby authorized
and directed to investigate as to the advisability and
feasibility of electrifying the Saugus branch of the Boston
and Maine railroad between the cities of Boston and Lynn,
so that rapid transit facilities may be provided for the dis-
tricts served by said branch of said railroad. Said division
shall report to the general court the results of its investiga-
tion and estimates of cost, and its recommendations, if
any, together with drafts of legislation necessary for carry-
ing said recommendations into effect, by filing the same
with the clerk of the house of representatives on or before
December first in the current year.

Approved May 21, 1935.

Resolve reviving and continuing the special com- QfiQ/n^ 15

MISSION relative TO UNEMPLOYMENT INSURANCE, RE-
SERVES AND BENEFITS.

Whereas, A majority of the special commission on un-
employment insurance, reserves and benefits, established
by chapter forty-two of the resolves of nineteen hundred
and thirty-four, has reached definite conclusions as to the
principles that should be followed in this commonwealth
in providing unemployment insurance; and

Whereas, There is reason to believe that the Congress
of the United States will, at its present session, and while
the general court of this commonwealth is in session, enact
a law providing for federal co-operation with the several
states in providing unemployment insurance; and

Whereas, Under the circumstances, better results will be
obtained and with no material delay if said special com-
mission formulates unemployment insurance laws for this
commonwealth after the attitude of the federal government
on this matter is known; therefore be it

Resolved, That the said special commission is hereby
revived and continued, and its final report, together with
drafts of legislation necessary to carry its recommenda-
tions into effect, shall be filed with the clerk of the house of
representatives on or before June fifteenth in the current
year.

For the purpose of this resolve, said special commission

718 Resolves, 1935. — Chaps. 16, 17, 18.

may expend such sum, not exceeding fifteen hundred dollars,
as may be hereafter appropriated therefor, in addition to
any unexpended balance of the amount appropriated by or
included in item thirty-two h of chapter three hundred and
eighty-four of the acts of nineteen hundred and thirty-four.

Approved May 24, 1935.

Chap. 16 Resolve providing for an investigation relative to

THE STANDARDIZATION OF CALIPERS USED IN MEASURING
WOOD.

Resolved, That the director of standards and the state
forester, acting jointly, are hereby authorized and directed
to investigate the matter of standardizing calipers used in
measuring wood for the purpose of recommending proper
standards and specifications to be established therefor.
They shall report to the general court the results of their
investigation, and their recommendations, if any, together
with drafts of legislation necessary for carrying said recom-
mendations into effect, by filing the same with the clerk of
the house of representatives on or before the first Wednes-
day of December in the current year.

Approved May 21, 1985.

Chap. 17 Resolve providing for adding the names of certain

CHAPLAINS TO THE MEMORIAL TABLET IN THE STATE HOUSE
erected in RECOGNITION OF SERVICE OF CHAPLAINS IN
THE WORLD WAR.

Resolved, That the art commission be authorized to add
to the memorial tablet erected in the state house in recogni-
tion of the service of certain chaplains in the American
Expeditionary Forces during the world war the names of
Reverend William Joseph Farrell, first lieutenant of the
one hundred and third United States field artillery and
of the one hundred and fourth United States im^antry,
Reverend Lyman Rollins, first Heutenant of the one hun-
dred and first United States infantry, and such other chap-
lains who served in said forces as the said commission may
from time to time deem proper. The commission is hereby
authorized to make such provision as may be deemed by
them to be necessary for changes in or additions to said
tablet for the purposes of this resolve.

Approved May 29, 1935.

Chap. 18 Resolve providing for the distribution of the tercen-
tenary EDITION OF THE GENERAL LAWS TO CERTAIN MEM-
BERS OF THE PRESENT GENERAL COURT.

Resolved, That the state secretary, in distributing the
Tercentenary Edition of the General Laws to members of
the general court in accordance with chapter fifty-three of
the resolves of nineteen hundred and thirty-two, shall also
distribute, upon written request, one copy thereof, and of

Resolves, 1935. — Chaps. 19, 20, 21. 719

the index thereto, to each member of the present general
court who was not a member of the general court of the
years nineteen hundred and thirty-one and nineteen hun-
dred and thirty-two or the years nineteen hundred and
thirty-three and nineteen hundred and thirty-four.

Approved May 29, 1935.

Resolve in favor of laura m. hammond of Springfield, nhnqy i o

Resolved, That if Laura M. Hammond of Springfield,
a member of the Massachusetts teachers' retirement asso-
ciation enrolled as number twenty-two thousand, three
hundred and sixty-six, makes formal appHcation for a
refund of the amount to her credit in the said association
before she attains the age of seventy on August twenty-
seventh, nineteen hundred and thirty-five, the refund shall
be made by the retirement board, irrespective of the provi-
sions of paragraph (1) section eleven, chapter thirty-two of
the Tercentenary Edition of the General Laws, and by
accepting said refund she shall waive for herself, her heirs,
legal representatives or any designated beneficiary, any
and all claims to any pension or annuity to which she would
otherwise be entitled under the provisions of section ten of
said chapter thirty-two. Approved June S, 1935.

Resolve signifying the commonwealth's acceptance (Jhay 20

OF A mural painting REPRESENTING THE OFFICIAL IN- ^'

SIGNIA OF THE DISABLED AMERICAN VETERANS OF THE
WORLD WAR, AND AUTHORIZING ITS LOCATION IN THE
STATE HOUSE.

Resolved, That a mural painting representing the official
insignia of the Disabled American Veterans of the World
War, which painting is proposed to be presented to the
commonwealth by the department of Massachusetts of
said organization, be accepted, subject to the approval of
the art commission of the commonwealth, the same to be
placed, with like approval, in some appropriate location
within the state house. Approved June 5, 1935.

Resolve validating the acts of blanche m. morin of (7/^qt) 21
holyoke as a notary public. "*

Resolved, That the acts of Blanche M. Morin of Holyoke
as a notary public, between December twelfth, nineteen
hundred and thirty-four, and March twenty-second, nine-
teen hundred and thirty-five, both dates inclusive, are
hereby confirmed and made valid to the same extent as if
during said time she had been qualified to discharge the
duties of said office. Approved June 5, 1935.

720 Resolves, 1935. — Chaps. 22, 23.

Chap. 22 Resolve providing for the payment from the state

TREASURY OF THE BALANCES OF THE ESTATES OF CERTAIN
DECEASED PERSONS WHICH HAVE ESCHEATED TO THE COM-
MONWEALTH.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth, under the
direction of the attorney general, to the heirs at law or next
of kin, or their legal representatives, of each of the deceased
persons hereinafter named, such sum as may be found by
the attorney general to have been paid into said treasury
as the balance of the assets belonging to the estate of said
deceased person, under the provisions of section ten of
chapter one hundred and ninety-four of the General Laws,
or corresponding provisions of earlier laws, notwithstanding
the expiration of the time limited by said section for the
recovery of such sum:

Name of Deceased Person Date and Place of Death

Carl Adolph Scharlan . December 22, 1904, in Boston, Mass.

Anna Hlastawa .... October 4, 1919, in Wilbraham, Mass.
Sarah A. Dolan . . . .In 1920, in Southbridge, Mass.
Martha E. Chadwick . . November 18, 1919, in Worcester, Mass.

Approved June 20, 1935.

Chap. 23 Resolve IN FAVOR OF LOUIS BERRETT AND CLEMENT F. MOL-

WAY, BOTH OF BOSTON.

Whereas, A robbery and murder of great atrocity occurred
at the Paramount theatre in Lynn during the year nineteen
hundred and thirty-three; and

Whereas, Louis Berrett and Clement F. Molway, both of
Boston, were arrested, indicted and placed on trial upon
charges of having committed said atrocious crimes, and at
said trial were positively but mistakenly identified as the
persons who committed the same, and were saved from con-
viction thereof only by the confession, near the end of their
trial, of one of the persons guilty of said robbery and mur-
der, as a result of which confession it became absolutely
certain that said Berrett and said Molway were in no way
implicated in said crimes; and

Whereas, During a considerable period following their
arrest and up to the time of their acquittal, said Louis
Berrett and Clement F. Molway suffered imprisonment;
and

Whereas, As the result of said arrest, indictment, trial
and imprisonment said Berrett and said Molway suffered
greatly both in body and in mind, were put in great fear for
their lives and were put to great expense, prevented from
attending to their usual occupations for a long period and
greatly damaged in their reputations and hampered in their
opportunities of obtaining employment after their acquittal;
now, therefore, be it

Resolves, 1935. — Chaps. 24, 25, 26. 721

Resolved, That, subject to appropriation, there be paid
out of the treasury of the commonwealth, as compensation
for their said undeserved suffering and damage, the sum of
twenty-five hundred dollars to said Louis Berrett and the
sum of twenty-five hundred dollars to said Clement F.
Molway. Approved June 20, 1935.

Resolve providing for an investigation relative to Qhav 24

THE advisability OF EXTENDING THE RAPID TRANSIT
SYSTEM OF THE BOSTON ELEVATED RAILWAY COMPANY IN
THE CITY OF BOSTON FROM MATTAPAN SQUARE TO THE
FOREST HILLS DISTRICT OF SAID CITY BY WAY OF THE HYDE
PARK DISTRICT THEREOF.

Resolved, That the division of metropolitan planning of
the metropolitan district commission is hereby authorized
and directed to investigate the advisability of extending the
rapid transit system of the Boston Elevated Railway Com-
pany in the city of Boston from Mattapan square to the
Forest Hills district of said city by way of the Hyde Park
district thereof. Said division shall report to the general
court the results of its investigation, including estimates
• of cost, and also its recommendations, if any, together with
drafts of legislation necessary for carrying its recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives on or before the first Wednesday
of December in the current year.

Approved June 20, 1936.

Resolve in favor of Elizabeth r. smith of boston. Chav 25
Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth to Eliza-
beth R. Smith of Boston the sum of one hundred and ninety
dollars to reimburse her for expenses incurred by her in the
burial of Hannah Holland, wife of James Holland, an
absentee the balance of whose estate was paid into the state
treasury in the year nineteen hundred and twenty-seven.

Approved June 21, 1935.

Resolve in favor of albert keefe of belmont.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth, under
the direction of the attorney general, to Albert Keefe, of
Belmont, such sum, not exceeding seventy-five dollars, as
may be found by the attorney general to be the unexpended
balance, including accrued interest, of a deposit made by
said Keefe as security for the payment of fees in an insol-
vency case, numbered two thousand nine hundred and
eighty-three, in the year eighteen hundred and ninety-four,
in the Suffolk county insolvency court, which balance was
paid into said treasury on January fifth, nineteen hundred
and eleven, under the corresponding earlier provisions of

Chap. 26

722 Resolves, 1935. — Chaps. 27, 28, 29.

section one hundred and twenty-three of chapter two hun-
dred and sixteen of the General Laws, notwithstanding the
expiration of the time Hmited by said section for the re-
covery of such sum. Approved June 21, 1935.

Chap. 27 Resolve providing for an investigation by the metro-
politan DISTRICT COMMISSION RELATIVE TO THE ACQUISI-
TION BY SAID COMMISSION OF CERTAIN LAND IN THE CITY
OF REVERE AND THE MAINTENANCE THEREOF AS A MOTOR
VEHICLE PARKING AREA AND AS A PART OF THE REVERE
BEACH RESERVATION.

Resolved, That the metropoUtan district commission is
hereby authorized and directed to investigate the subject
matter of current house document numbered sixteen hun-
dred and thirty-five, relative to the acquisition by said com-
mission of certain land in the city of Revere and the mainte-
nance thereof as a motor vehicle parking area and as a part
of the Revere Beach reservation. Said commission shall
report to the general court the results of its investigation
and its recommendations, if any, together with drafts of
legislation necessary to carry said recommendations into
effect, by filing the same with the clerk of the house of
representatives on or before the first Wednesday of Decem-
ber in the current year. Approved June 21, 1935.

Chap. 28 Resolve providing for an investigation relative to

THE development OF CEDAR SWAMP POND AND ADJACENT
TERRITORY IN THE TOWN OF MILFORD FOR RECREATIONAL
AND OTHER PURPOSES.

Resolved, That the commissioner of conservation and the
commissioner of pubHc health, acting jointly, are hereby
authorized and directed to investigate the desirability,
feasibility and probable cost of developing Cedar Swamp
pond and adjacent territory in the town of Milford, with a
view to establishing the same as a state reservation or other-
wise making the same available to the public for recreational
purposes, and to promoting the public health. Said com-
missioners shall report to the general court the results of
their investigation, and their recommendations, if any,
together with drafts of legislation necessary to carry said
recommendations into effect, by fihng the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved June 26, 1935.

Chav. 29 Resolve providing for an investigation by the depart-

MENT OF PUBLIC WORKS RELATIVE TO THE ADVISABILITY
OF DREDGING THE WESTPORT RIVER IN THE TOWN OF
WESTPORT.

Resolved, That the department of public works is hereby
authorized and directed to investigate the subject matter of
current senate document numbered three hundred and

Resolves, 1935. — Chaps. 30, 31. 723

forty, relative to the dredging of the Westport river in the
town of Westport. Said department shall report to the
general court the results of its investigation and its recom-
mendations, if any, together with estimates of cost and
drafts of legislation necessary to carry such recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives on or before the first Wednesday
of December in the current year.

Approved June 26, 1935.

Chap. 30

Resolve providing for an investigation relative to

THE acquisition BY THE COMMONWEALTH OF CERTAIN
islands IN SALEM BAY AND VICINITY AND THE USE
THEREOF FOR CERTAIN PUBLIC PURPOSES.

Resolved, That the commissioner of conservation and
the commissioner of public health, acting jointly, are
hereby authorized and directed to investigate the subject
matter of current house document numbered three hun-
dred and twenty-six, relative to the acquisition by the
commonwealth of certain islands in Salem bay and vicinity
and the use thereof for public purposes. Said commis-
sioners shall report to the general court the results of their
investigation and their recommendations, if any, together
with estimates of cost and drafts of legislation necessary
to carry such recommendations into effect, by filing the
same with the clerk of the house of representatives on or
before the first Wednesday of December in the current year.

Approved June 26, 1986.

Resolve authorizing the abatement by the metro- Qfidj) 3]

POLITAN district COMMISSION OF CERTAIN BETTERMENTS
ASSESSED IN CONNECTION WITH THE LAYING OUT AND
CONSTRUCTION OF THE WEST ROXBURY PARKWAY IN THE
CITY OF BOSTON.

Resolved, That the metropolitan district commission
may, notwithstanding the provisions of section five of
chapter eighty of the General Laws, abate in full all better-
ments assessed by it on account of the laying out and con-
struction of the West Roxbury parkway, together with any
accrued interest, on property located in the West Roxbury
district of the city of Boston, and shown as lots numbered
347, 348, 349, 382, 383, 384, 385 and 386 on a plan numbered
19373 of said commission, entitled "West Roxbury Park-
way Extension", dated August 14, 1930, and on file in the
office of said commission. The amounts of betterments to
be abated hereunder shall not exceed, in the aggregate, the
sum of six hundred and forty-seven dollars and twenty
cents. Approved June 26, 1935.

724 Resolves, 1935. — Chaps. 32, 33.

Chap. 32 Resolve providing for an investigation by a special

COMMISSION relative TO THE ADVISABILITY OF ESTAB-
LISHING A SYSTEM OF PUBLIC CLINICS, HOSPITALS OR
OTHER ESTABLISHMENTS FOR THE TREATMENT OF PERSONS
ADDICTED TO GROSS AND CONFIRMED HABITS OF INTOXI-
CATION.

Resolved, That a special commission to consist of the
commissioner of correction, the commissioner of mental
diseases and the commissioner of public health, is hereby
established to investigate the advisability of establishing
public clinics, hospitals or other estabhshments where
persons addicted to gross and confirmed habits of intoxica-
tion may be treated. Any of said commissioners, if he so
elects, may designate an officer or employee in his depart-
ment to serve in his place on said commission. Said com-
mission shall report to the general court the results of its
investigation and its recommendations, if any, together
with drafts of legislation necessary to carry said recom-
mendations into effect, by filing the same with the clerk
of the house of representatives on or before the first Wed-
nesday of December in the current year.

Approved June 26, 1935.

Chap, 33 Resolve providing for further investigation by the

DEPARTMENT OF LABOR AND INDUSTRIES RELATIVE TO
THE MATTER OF PREVENTING DISCRIMINATION AGAINST
CERTAIN PERSONS IN EMPLOYMENT ON ACCOUNT OF THEIR
AGE.

Resolved, That the department of labor and industries
is hereby authorized and directed to continue the investiga-
tion and study, heretofore conducted under chapter thirty-
nine of the resolves of nineteen hundred and thirty-four,
of the causes of the tendency toward discrimination by
industry and business against persons in employment who
have reached a certain age in early middle life, and to
make such studies within the spirit of this resolve as shall be
helpful in abolishing such discrimination and in eventually
placing this class of persons again in employment in industry
and business to the end that they may be self supporting,
thereby preventing the possibility of their becoming public
charges with the consequent problem of providing addi-
tional taxation. Said department shall hold hearings and
shall have the power to summon witnesses, require the
production of books, records, contracts and papers, and
require the giving of testimony under oath. Said depart-
ment shall include in its annual report for the current year
to the general court its findings and recommendations with
relation to the subject matter of this resolve, together with
drafts of legislation necessary to carry said recommenda-
tions into effect. Approved June 26, 1935.

Resolves, 1935. — Chaps. 34, 35, 36. 725

Resolve authorizing the conveyance or release by Qhav. 34

THE commonwealth TO JOHN F. CORRERIA OF ANY RIGHT,
TITLE OR INTEREST IT MAY HAVE IN CERTAIN PROPERTY
LOCATED IN THE TOWN OF OAK BLUFFS.

Resolved, That the attorney general, in the name and on
behalf of the commonwealth, is hereby authorized to con-
vey or release to John F. Correria of the town of Oak Bluffs,
by proper instrument or instruments and without payment
of compensation by said Correria, all the right, title and
interest the commonwealth may have in the following par-
cels of land located in said town, — viz.: — Lots numbered
one hundred and fifty-eight, one hundred and fifty-nine,
one hundred and sixty and one hundred and sixty-one
shown on a plan of Forest Hills, recorded in the registry of
deeds for Dukes County, book fifty, page five hundred and
eighty-one. Approved June 26, 1935.

Resolve providing for an investigation relative to Chav- 35

THE NEWSPAPER PUBLICATION OF LEGAL NOTICES AND
CITATIONS.

Resolved, That a special unpaid commission, to consist of the
state secretary, or a deputy state secretary to be designated
by the state secretary, the attorney general or an assistant
attorney general to be designated by the attorney general,
and a third person, who shall be a newspaper publisher, to
be appointed by the governor, with the advice and con-
sent of the council, is hereby established for the purpose of
further defining the word "newspaper" as used in the laws
requiring publication of legal notices and citations, and
especially of investigating the subject matter of current
house document number fifteen hundred and thirty-three.
The commission may expend such sums, not exceeding,
in the aggregate, one hundred dollars, as may be appro-
priated therefor, and shall report to the general court its
findings and recommendations, if any, together with drafts
of such legislation as may be necessary to carry its recom-
mendations into effect, by filing the same with the clerk of
the senate not later than the first Wednesday of December
in the current year. Approved June 29, 1936.

Resolve providing for an investigation by the metro- QJiqj) 36
politan district commission relative to the advisa-
bility of dredging the ponds in the saint moritz
section of the blue hills reservation.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the advisa-
bility and probable cost of dredging the ponds located in
that part of the Blue Hills reservation known as the Saint
Moritz section. Said commission shall report to the gen-
eral court the results of its investigation and its recom-

726 Resolves, 1935. — Chaps. 37, 38, 39.

mendations, if any, together with drafts of legislation neces-
sary to carry said recommendations into effect, by filing
the same with the clerk of the house of representatives on
or before the first Wednesday of December in the current
year. Approved June 29, 1985.

Chap. 37 Resolve providing for an investigation by the com-
missioner OF insurance relative to the payment by
instalments of premiums on policies and bonds under

THE compulsory MOTOR VEHICLE LIABILITY INSURANCE
LAW, so CALLED.

Resolved, That the commissioner of insurance is hereby
authorized and directed to investigate the subject matter
of current senate document numbered two hundred and
fifty-two and current house documents numbered twelve
hundred and one and twelve hundred and fifty-six, relative
to the payment by instalments of premiums on policies
and bonds under the compulsory motor vehicle liability
insurance law, so called. Said commissioner shall report
to the general court the results of his investigation, and his
recommendations, if any, together with drafts of legisla-
tion necessary to carry said recommendations into effect,
by filing the same with the clerk of the house of repre-
sentatives on or before the first Wednesday in December
in the current year. Approved June 29, 1935.

Chap. 38 Resolve authorizing the construction by the depart-
ment OF PUBLIC WORKS BY THE USE OF FEDERAL FUNDS
OF A NEW BRIDGE OVER THE NASHUA RIVER TO REPLACE
THE PRESENT LANCASTER MILLS BRIDGE IN THE TOWN OF
CLINTON.

Resolved, That, if and when funds sufficient to meet the
cost of the work hereinafter referred to have been allotted
under the provisions of the National Industrial Recovery
Act or any other appropriate federal statute, the depart-
ment of public works is hereby authorized and directed to
construct a new bridge, together with the necessary ap-
proaches thereto, over the Nashua river to replace the exist-
ing Lancaster Mills bridge, so called, in the town of Clin-
ton; provided, that the entire cost of such work shall be
met solely out of such federal funds.

Approved July 1, 1935.

Chap. 39 Resolve authorizing the transfer of the control of

CERTAIN STATE LAND IN THE CITY OF WORCESTER FROM
THE DEPARTMENT OF MENTAL DISEASES TO THE ARMORY
COMMISSIONERS.

Resolved, That the commissioner of mental diseases is
hereby authorized, with the approval of the governor and
council, to transfer to the armory commissioners so much

Resolves, 1935. — Chaps. 40, 41, 42. 727

of the land in the city of Worcester now belonging to the
Summer Street department of the Worcester state hospital
as, in the opinion of said commissioner, the armory com-
missioners and the chairman of the commission on adminis-
tration and finance, may be more advantageously used by
the commonwealth for military purposes.

Approved July S, 1935.

Resolve in favor of the heirs of ann kelliher. Chap. 40

Resolved, That, subject to appropriation, there be
allowed and paid from the treasury of the commonwealth,
under the direction of the attorney general, to the heirs at
law or next of kin of Ann Kelliher, who died in the city of
Springfield on December seventeenth, nineteen hundred and
twenty-three, or to their lawful representatives, such sum
as may be found by the attorney general to have been paid
into said treasury as the balance of the assets belonging to
the estate of said Ann Kelliher, under the provisions of sec-
tion ten of chapter one hundred and ninety-four of the Gen-
eral Laws, notwithstanding the expiration of the time lim-
ited by said section for the recovery of such sum.

Approved July 12, 1935.

Resolve in favor of the parents of thomas f. con- Qjidj) 4]^

NOLLY, JR., and THE MOTHER OF WALTER LIPKIND, BOTH ^'

OF BOSTON.

Resolved, That, for the purpose of discharging moral
obligation of the commonwealth in the premises, there shall
be allowed and paid out of the treasury thereof to the par-
ents of Thomas F. Connolly, Jr., late of Boston, the sum of
two thousand dollars and to the mother of Walter Lipkind,
late of said Boston, the sum of two thousand dollars, on
account of the death of said Thomas F. Connolly, Jr. and
of Walter Lipkind, respectively, caused by the negligent
administering of medicine to them while inmates of the
Boston State hospital. Approved Jidy 12, 1935.

Resolve providing for an investigation relative to fhr,^ 40

THE discharge OF SEWAGE FROM THE METROPOLITAN ""

sewer district into boston harbor and ITS TRIBUTARY
WATERS AND RELATIVE TO CERTAIN RELATED MATTERS.

Resolved, That a special unpaid commission, to consist of
the commissioner of public works or an associate commis-
sioner designated by him, the commissioner of public health
or a representative of his department designated by him,
the commissioner of the metropolitan district commission
or a representative of his commission designated by him,
the health commissioner of the city of Boston and the com-
missioner of public works of the city of Boston, is hereby
authorized and directed to investigate relative to the dis-

728 Resolves, 1935. — Chap. 43.

charge of sewage from the metropohtan sewerage district
into Boston harbor and into the rivers and estuaries trib-
utary thereto and to consider what changes, if any, may be
necessary in any of the present systems of sewerage or sew-
age disposal in territory tributary to said harbor, rivers or
estuaries, in order to prevent nuisances or to remove objec-
tionable conditions. In making said investigation said
commission shall consider the subject matter of current
senate documents numbered one hundred and forty-one,
one hundred and forty-two, one hundred and forty-three,
one hundred and forty-four and current house document
numbered eight hundred and eighty-one. Said commission
may employ such engineering and other assistance, and
may incur such expenses, as may be necessary to carry out
the purposes of this resolve, and for said purposes may
expend such sums, not exceeding, in the aggregate, fifteen
thousand dollars, as may hereafter be appropriated there-
for. The cost of this investigation shall be paid one third
each by the cities and towns in the metropolitan sewerage
district, north system, metropolitan sewerage district,
south system, and the city of Boston, and the state treasurer
is hereby directed to assess the same in accordance with the
provisions of law relative to assessments upon said districts
and assessments for the state tax. Said commission shall
report to the general court the results of its investigations
and its recommendations relative thereto, together with
maps, plans and estimates of the cost of any changes in
existing sewer systems or outlets or sewage disposal works
that it may deem necessary or desirable, and drafts of
legislation necessary to carry its recommendations into
effect, by filing the same with the clerk of the house of repre-
sentatives on or before the first Wednesday of December in
the current year. Approved July 12, 1935.

Chap. 43 Resolve providing for an investigation by the metro-
politan DISTRICT COMMISSION RELATIVE TO THE CON-
STRUCTION OF AN EXTENSION OF THE MYSTIC VALLEY
PARKWAY AND A TRAFFIC CIRCLE IN CONNECTION THERE-
WITH IN THE CITY OF MEDFORD.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current senate document numbered three hundred
and sixty-nine, relative to the construction of an extension
of the Mystic Valley parkway in the city of Medford and
the construction of a traffic circle in said city at the junction
of Mystic avenue. Harvard street and said Mystic Valley
parkway as so extended. Said commission shall report to
the general court the results of its investigation and its
recommendations, together with estimates of cost and drafts
of legislation necessary to carry its recommendations into
effect, by filing the same with the clerk of the house of repre-
sentatives on or before the first Wednesday of December in
the current year. Approved July 12, 1935.

Resolves, 1935. — Chaps. 44, 45, 46. 729

Resolve in favor of Virginia allen of boston. Chav. 44

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises and after
an appropriation has been made, there be allowed and paid
out of the treasury thereof to Paul C. Allen of Boston,
father and duly appointed guardian of Virginia Allen, a
minor, the sum of twenty-five hundred dollars in full com-
pensation for injuries sustained by her on November seven-
teenth, nineteen hundred and thirty, by reason of being
struck by a motor vehicle owned by the commonwealth and
operated by an employee of the state department of public
works. Approved July 12, 1936.

Resolve in favor of emma v. meegan op ware. Chav 45

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises, and after
an appropriation has been made therefor, there shall be
allowed and paid out of the treasury thereof to Emma V.
Meegan of Ware, the sum of six hundred and twenty-seven
dollars and thirty-one cents to reimburse her for expenses
incurred by her for the hospital care and burial of her
father, James Spellman, who sustained fatal injuries by
reason of being struck by a motor vehicle operated by an
employee of the state department of mental diseases.

Approved July 12, 1935.

Resolve providing for an investigation by the division (Jfidj) 4.Q
OF metropolitan planning relative to the extension

OF RAPID transit FACILITIES IN THE EAST BOSTON DIS-
TRICT OF THE CITY OF BOSTON AND THE ACQUISITION BY
THE BOSTON METROPOLITAN DISTRICT OF THE BOSTON,
REVERE BEACH AND LYNN RAILROAD AND THE OPERATION
THEREOF BY THE BOSTON ELEVATED RAILWAY COMPANY.

Resolved, That the division of metropolitan planning of
the metropolitan district commission is hereby authorized
and directed to investigate the subject matter of current
house document numbered eighteen hundred and fifty-nine,
relative to an extension of rapid transit facilities in the East
Boston district of the city of Boston and to the acquisition
by the Boston metropolitan district of all or a part of the
Boston, Revere Beach and Lynn railroad and the operation
thereof by the Boston Elevated Railway Company. Said
division shall report to the general court the results of its
investigation, and its recommendations, if any, together
with drafts of legislation necessary to carry its recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives on or before the first Wednesday
of December in the current year.

Approved July 16, 1936.

730 Resolves, 1935. — Chaps. 47, 48.

Chap. 47 Resolve providing for the payment of compensation by

THE commonwealth TO CERTAIN PERSONS ON ACCOUNT OF
MEDICAL AND NURSING SERVICES RENDERED BY THEM TO
JOSEPH MURPHY OF HOLYOKE, A FORMER MEMBER OF THE
STATE POLICE.

Resolved, That for the purpose of discharging the moral
obligation of the commonwealth in the premises, and after
an appropriation has been made therefor, there shall be
allowed and paid out of the treasury thereof to Ernest A.
Mandeville of Holyoke, the sum of five hundred and forty-
six dollars, to Bridget Haley of West Springfield the sum of
one hundred and eight dollars and to Nora I.Thompson of
Holyoke the sum of one hundred and two dollars, on account
of medical services furnished by said Mandeville and nurs-
ing services furnished by said Haley and Thompson to
Joseph Murphy of Holyoke, a former member of the state
police. Approved July 16, 19S5.

Chap. 48 Resolve providing for an investigation and study by a

SPECIAL COMMISSION RELATIVE TO MUNICIPAL FINANCING
IN THE CITY OF BOSTON.

Resolved, That a special unpaid commission, to consist of
one member of the senate to be designated by the president
thereof, three members of the house of representatives to be
designated by the speaker thereof, and one person to be
appointed by the governor, with the advice and consent of
the council, one person to be appointed by the mayor of the
city of Boston and one person to be appointed by the school
committee of said city, is hereby established for the pur-
pose of making an investigation and study of the laws and
ordinances effective in said city relative to its financing,
with a view to determining the advisability of makhig said
city further subject to the laws regulating municipal financ-
ing in other municipalities. Said commission shall be
provided with quarters in the state house or elsewhere, shall
hold hearings and may expend, after an appropriation has
been made, for clerical and other services and expenses, such
sums, not exceeding, in the aggregate, fifteen hundred dol-
lars, as may be approved by the governor and council. Said
commission shall report to the general court the results of
its investigation and its recommendations, if any, together
with drafts of legislation necessary to carry its recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives not later than the first Wednesday
of December in the current year.

Approved July 18, 1936.

Resolves, 1935. — Chaps. 49, 50. 731

Resolve providing for an investigation by the at- (JJiap. 49

TORNEY general RELATIVE TO A CERTAIN CLAIM OF FRANK
B. CURRIER OF WINTHROP AGAINST THE COMMONWEALTH.

Resolved, That the attorney general is hereby requested
to investigate the claim of Frank B. Currier of Winthrop
against the commonwealth referred to in house document
numbered sixteen hundred and sixty-four of the current
year, and to examine the law and facts in relation thereto.
For the purpose of the investigation herein requested, the
attorney general, or an assistant attorney general desig-
nated by him, shall hold one or more public hearings, of
which the claimant and the state reclamation board shall be
notified, and may take evidence, administer oaths and issue
subpoenas. The attorney general is hereby further re-
quested to make a report of such investigation and examina-
tion to the general court by filing such report with the clerk
of the house of representatives not later than the first Wed-
nesday in December in the current year.

Approved July 19, 1935.

Resolve providing for an investigation by the metro- (JJiav 50

POLITAN DISTRICT COMMISSION AND THE DEPARTMENT OF
PUBLIC WORKS RELATIVE TO CERTAIN WAYS, BRIDGES,
BEACHES AND RECREATIONAL FACILITIES.

Resolved, That the metropolitan district commission and
the department of public works, acting as a joint board, are
hereby authorized and directed to investigate the subject
matter of current house document numbered two thousand
and twenty-one, relative to the widening, reconstructing
and extending, and the better lighting, of Woburn park-
way, in Woburn, of current house document numbered
twenty-one hundred and six, relative to the widening and
reconstruction of a certain highway in Medford and Stone-
ham, of current house document numbered twenty-one hun-
dred and eight, relative to the laying out and construction
of a boulevard in said Medford, of current house documents
numbered seventeen hundred and eighty-eight and twenty-
one hundred and nine, relative to the construction of a
bridge over the Charles river in Watertown, of current
senate documents numbered twenty-three, one hundred and
thirty-nine, two hundred and seventy-five and two hundred
and seventy-nine and current house documents numbered
six hundred and thirteen, eleven hundred and forty-three,
seventeen hundred and eighteen, nineteen hundred and
twenty, nineteen hundred and forty-seven and twenty-one
hundred and twenty-seven, relative to the construction of
certain beaches and the construction and maintenance of
bath houses thereat and to providing certain other recrea-
tional facilities on the shores of the Neponset river in Bos-
ton and Milton, of the Charles river in Waltham, Cam-

732 Resolves, 1935. — Chaps. 51, 52.

bridge and Watertown, of the Mystic river in Somerville
and Arlington, of Dark Hollow pond in Stoneham and of
Houghton's pond in Milton, and of current house document
numbered twenty-one hundred and sixty-eight, relative to
the acquisition, for reservation purposes, of all the real
estate, not already owned by the commonwealth, abutting
on the easterly side of a portion of Endicott avenue in
Revere, and the advisability, feasibility and probable cost
of the several projects therein referred to. Said board may
expend for the purposes of this resolve such sum, not exceed-
ing five thousand dollars, as may hereafter be appropriated
therefor, and shall report to the general court the results of
its investigations and its recommendations, including esti-
mates of cost, together with drafts of legislation necessary
to carry said recommendations into effect, by filing the same
with the clerk of the senate on or before the first Wednesday
of December in the current year.

Approved July 19, 1935.

Chap. 51 Resolve providing for an investigation by a special

COMMISSION RELATIVE TO THE ADVISABILITY OF PROVIDING
FOR THE LICENSING AND REGULATION OF THE BUSINESS OF
FINANCING PURCHASES OF CERTAIN PERSONAL PROPERTY.

Resolved, That the attorney general or an assistant to be
designated by the attorney general, the commissioner of
corporations and taxation and the commissioner of banks or
an assistant to be designated by each of said commissioners,
acting as a special commission, are hereby authorized and
directed to investigate the subject matter of current senate
document numbered four and house document numbered
eight hundred and five, relative to providing for the licens-
ing and regulation of the business of financing purchases of
certain personal property. Said commission shall be pro-
vided with quarters in the state house or elsewhere, shall
hold hearings and may expend, after an appropriation has
been made, for clerical and other services and expenses,
such sums, not exceeding, in the aggregate, one thousand
dollars, as may be approved by the governor and council.
Said commission shall report to the general court the results
of its investigation and its recommendations, if any, to-
gether with drafts of legislation necessary to carry its rec-
ommendations into effect, by filing the same with the clerk
of the house of representatives not later than the first
Wednesday of December in the current year.

Approved July 19, 1935.

Chap. 52 Resolve in favor of napoleon benoit of belchertown.

Resolved, That, after an appropriation has been made,
there be allowed and paid out of the state treasury to Na-
poleon Benoit, of Belchertown, the sum of nine hundred
dollars, in full compensation and satisfaction for all claims

Resolves, 1935. — Chap. 53. 733

and demands whatsoever against the commonwealth which
he ever had, now has, or which he or his heirs, executors, ad-
ministrators or assigns, hereafter can, shall or may have for
all damages to his property or business by reason of sewage
escaping or released from the Belchertown state school or
sewage or treated sewage which may escape or be released
from the sewage disposal beds erected on the grounds of
said school, as now maintained and operated, into the
brook flowing down through the farm of the said Benoit.
The said amount shall be certified by the comptroller of the
commonwealth only upon the filing of a release, in form ap-
proved by the attorney general, duly executed by the said
Napoleon Benoit, agreeing that the said sum is received in
full satisfaction of any and all claims against the common-
wealth and against any oflScer, agent or employee of the com-
monwealth on account of such damages.

Approved July 19, 1935.

Resolve providing for an investigation by a special QJiap. 53

COMMISSION relative TO THE ADVISABILITY OF REVISING
THE PROVISIONS OF THE GENERAL LAWS RELATING TO A
CONTRIBUTORY RETIREMENT SYSTEM FOR CITIES AND
TOWNS.

Resolved, That the commissioner of insurance or an as-
sistant to be designated by said commissioner, the director
of the division of accounts in the department of corporations
and taxation or an assistant to be designated by said direc-
tor, and the executive secretary of the state board of retire-
ment, acting as a special commission, are hereby authorized
and directed to make a survey and study of the provisions
of the General Laws providing for a contributory retire-
ment system for cities and towns that may be accepted by
them, with a view to the revision and improvement of said
provisions so as to make them more acceptable to cities and
towns desirous of establishing therein contributory retire-
ment systems, and thus avoid the existing practice of enact-
ing special legislation for the purpose of establishing such
retirement systems in the various cities and towns. Said
commission shall, in the course of its survey and study here-
under, consult with the mayor and city council of the city of
Maiden and obtain their views and recommendations as to
the revision and improvement of said provisions, with espe-
cial reference to the needs of said city. Said commission
may expend, with the approval of the governor and council,
for expenses and expert actuarial, clerical and other assis-
tance such sums, not exceeding, in the aggregate, thirty-five
hundred dollars, as may hereafter be appropriated. Said
commission shall report to the general court its findings
and its recommendations, if any, together with drafts of
legislation necessary to carry its recommendations into
effect, by filing the same with the clerk of the house of
representatives on or before the first Wednesday of Decem-
ber in the current year. Approved July 19, 1936.

734 Resolves, 1935. — Chaps. 54, 55, 56.

Chap. 54 Resolve in favor of john j. o'connor of Worcester.

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises, and after
an appropriation has been made, there be allowed and paid
out of the treasury thereof to John J, O'Connor of Worces-
ter, the sum of sixty-five hundred fifty-four dollars and
thirty-seven cents, in consideration of the expense to him of
performing certain work in connection with the erection of
the female ward buildings at the Foxborough state hospital,
at the request of the department of mental diseases.

Approved July 19, 1935.

Chap. 55 Resolve providing for an investigation and study by a

SPECIAL commission RELATIVE TO CERTAIN PRACTICES IN

connection with foreclosure of real estate mort-
gages AND RELATIVE TO THE LIMITATION OF ACTIONS ON

certain promissory notes.

Resolved, That the commissioner of banks is hereby au-
thorized and directed to make an investigation and study
relative to practices of mortgagees in foreclosures of mort-
gages on real estate whereby mortgagors are sued for the
balance of the amounts due on their mortgage notes in cases
where the amount realized from the sale of the property in
such foreclosure proceedings is less than the amount of such
note, with a view to recommending such legislation as he
may deem necessary or desirable to protect the interests of
mortgagors in such cases by providing for a judicial de-
termination of the value of the real estate at the time of the
foreclosure proceedings, placing a minimum price at which
the real estate may be sold in such proceedings, or otherwise,
and relative to the subject matter of current house docu-
ments numbered four hundred and ninety-five and six hun-
dred and fifty-three, relative to limitation of actions on
certain promissory notes. The commissioner shall report
to the general court his findings and his recommendations,
if any, together with drafts of legislation necessary to carry
such recommendations into effect, by filing the same with
the clerk of the house of representatives on or before the
first Wednesday in December of the current year.

Approved July 19, 1935.

Chap. 56 Resolve establishing a special commission to study

AND REVISE THE LAWS RELATING TO PUBLIC WELFARE.

Resolves, 1935. — Chaps. 57, 58. 735

sistance, with a view to the revision and codification of
said laws and to the recommending of such changes therein
and additions thereto as may appear necessary or desirable.
In making said survey and study, said commission shall
consider the subject matter of current senate document
numbered forty-four and current house documents num-
bered two hundred and seven, two hundred and forty-six,
five hundred and thirty-one and ten hundred and twenty-
four. Said commission shall hold hearings, shall be pro-
vided with quarters in the state house or elsewhere and may
expend, with the approval of the governor and council, for
expenses and legal, clerical and other assistance such sums,
not exceeding, in the aggregate, twenty-five hundred dol-
lars, as may hereafter be appropriated. Said commission
shall report to the general court the results of its investiga-
tions and its recommendations, if any, together with drafts
of legislation necessary to carry said recommendations into
effect, by filing the same with the clerk of the house of
representatives not later than the first Wednesday of De-
cember in the current year. Approved July 22, 1935.

Resolve in favor of anna b. noseworthy. Chav. 57

Resolved, That for the purpose of discharging the moral
obligation of the commonwealth in the premises, there be
allowed and paid out of the treasury of the commonwealth,
after an appropriation has been made therefor, the sum of
one hundred and thirteen dollars to Anna B. Noseworthy
to reimburse her for the expense of hospital and medical
care necessarily incurred by her on account of injuries sus-
tained at Camp Devens as a result of the negligence of
certain members of the Massachusetts national guard.

Approved July 25, 1935.

Resolve providing for a study by a special commission Chap. 58

RELATIVE TO THE SLIDING SCALE METHOD OF RATES FOR
USE BY PUBLIC UTILITY CORPORATIONS ENGAGED IN THE
DISTRIBUTION OF GAS AND ELECTRICITY.

Resolved, That a special unpaid commission be estab-
lished, to consist of two persons to be appointed by the
governor, together with the chairman of the commission
of the department of public utilities or a commissioner to
be designated by said chairman, to investigate and study
the sliding scale method of rates and its practicability for
use by public utility corporations engaged in the business
of the distribution of gas and electricity within the common-
wealth. Said special commission shall hold hearings, shall
be provided with quarters in the state house or elsewhere,
may avail itself of such services of state departments,
boards and commissions as it may need in the course of its
investigation, and may expend, with the approval of the
governor and council, for clerical and other assistance and

736 Resolves, 1935. — Chap. 59.

expenses such sums, not exceeding, in the aggregate, five
thousand dollars, as may hereafter be appropriated. The
special commission is further authorized to receive and to
utiUze in carrying out its duties hereby imposed such aid as
may be rendered to it through the co-operation of the fed-
eral government. Said special commission shall report to
the general court the results of its investigation and its
recommendations, if any, together with drafts of legisla-
tion necessary to carry said recommendations into effect,
by filing the same with the clerk of the house of repre-
sentatives not later than the first Wednesday of December
in the current year. Approved July 26, 1935.

Chap. 59 Resolve providing for a study by a special commission

RELATIVE TO THE ADVISABILITY OF AMENDING THE CON-
STITUTION OF THE COMMONWEALTH TO PROVIDE FOR
BIENNIAL SESSIONS OF THE GENERAL COURT AND FOR A
BIENNIAL BUDGET.

Resolved, That a special unpaid commission, to consist of
two members of the senate to be designated by the presi-
dent thereof, five members of the house of representatives
to be designated by the speaker thereof, and four citizens
of the commonwealth, at least one of whom shall be a
member of the State Grange, so called, to be appointed by
the governor, is hereby established for the purpose of mak-
ing a study relative to the advisability of amending the con-
stitution of the commonwealth to provide for biennial
sessions of the general court and for a biennial budget.
The commission shall hold hearings, shall be provided with
quarters in the state house or elsewhere, and may expend,
with the approval of the governor and council, for clerical
and other assistance and expenses, such sums, not exceed-
ing, in the aggregate, three thousand dollars, as may here-
after be appropriated. The commission shall report to the
general court the results of its study and its recommenda-
tions, if any, together with drafts of such amendments to
the constitution as may be necessary to carry its recom-
mendations into effect, by filing the same, not later than the
first Wednesday of December in the current year, with the
clerk of the senate, for presentation by him to the first
joint session of the two houses to be called in the year nine-
teen hundred and thirty-six to consider the proposal for an
initiative amendment of the constitution providing for bien-
nial sessions of the general court and for a biennial budget
(printed in house document numbered three hundred and
five of the year nineteen hundred and thirty-five), intro-
duced into the general court by the initiative petition of
Anna C. Bird and others. Approved July 26, 1935.

Resolves, 1935. — Chaps. 60, 61, 62. 737

Resolve increasing the scope of the investigation to Chap. 60

BE MADE BY THE SPECIAL COMMISSION ESTABLISHED TO
STUDY AND REVISE THE LAWS RELATING TO PUBLIC WEL-
FARE.

Resolved, That the special commission estabhshed by
chapter fifty-six of the resolves of the current year to study
and revise the laws relating to public welfare shall, in carry-
ing out its work under such resolve, consider the subject
matter of current house document numbered twenty-one
hundred and forty-four, relative to the old age assistance
laws, so called. Approved July 26, 1935.

Resolve providing for an investigation by the com- Chav. 61

MISSIONER OF LABOR AND INDUSTRIES RELATIVE TO THE
SALE WITHIN THE COMMONWEALTH OF FOREIGN-MADE
GOODS, WARES AND MERCHANDISE.

Resolved, That the commissioner of labor and industries,
or a representative of his department designated by him,
be authorized and directed to make an investigation of the
sale within the commonwealth of goods, wares and mer-
chandise manufactured or produced in a foreign country,
for the purpose of determining the advisability, necessity
and feasibility of regulating such sale by way of safeguard-
ing the interests and well-being of the citizens and industries
of the United States, as affecting their activities within the
commonwealth. The commissioner shall report to the
general court the results of such investigation and his recom-
mendations, if any, together with drafts of such legislation
as may be necessary to carry such recommendations into
effect, by filing the same with the clerk of the senate not
later than the first Wednesday of December in the current
year. Approved July 26, 1935.

Resolve providing for an investigation by a special z^/,^^ ao
commission of certain matters relating to the dis- ^'

trict court system of the commonwealth, the trial
of civil actions in district courts by juries of six,
the extension of the rule-making power of the su-
preme judicial court and increasing the number of
justices of the superior court.

Resolved, That a special unpaid commission, consisting
of two members of the senate to be designated by the presi-
dent thereof, five members of the house of representatives
to be designated by the speaker thereof, and three persons to
be appointed by the governor, with the advice and consent
of the council, of whom one shall be a justice of the superior
court, is hereby estabhshed to investigate so much of the
governor's address, printed as current senate document
numbered one, as relates to full time service by special

738 Resolves, 1935. — Chap. 63.

justices of district courts and to adequate compensation for
such service, and so much thereof as relates to the estab-
Ushment of district courts on the circuit or rotating basis,
so much of the tenth annual report of the judicial council as
relates to adequate salary with full time service for the
standing justices of said district courts and so much thereof
as relates to an entire revision of salary schedules for jus-
tices, special justices, clerks and assistant clerks of district
courts, the subject matter of current house documents num-
bered one hundred and fifteen, one hundred and twenty-five,
one hundred and twenty-six, one hundred and twenty-nine,
sixteen hundred and seventeen and twelve hundred and
sixty-nine, relative to changes in the district court system
of the commonwealth and certain related matters, the sub-
ject matter of current senate document numbered fifteen,
relative to the trial of civil actions in district courts by
juries of six, the subject matter of current house document
numbered nine hundred and eighty-three, relative to extend-
ing the rule-making power of the supreme judicial court,
and the subject matter of current house document numbered
fifteen hundred and twenty-seven, relative to increasing
the number of justices of the superior court. The com-
mission shall be provided with quarters in the state house,
may hold hearings therein and elsewhere, and may expend
for the employment of clerical and other assistance and to
meet such expenditures as the performance of its duties
may require, such sums, not exceeding, in the aggregate,
five thousand dollars, as may hereafter be appropriated
therefor. Said commission shall report to the general court
the results of its inquiry and its recommendations, together
with drafts of legislation necessary to carry its recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives not later than the first Wednes-
day of December in the current year.

Approved July SO, 1935.

Chap, 63 Resolve providing for an investigation and study by a

SPECIAL COMMISSION RELATIVE TO THE TAXATION OF TAN-
GIBLE AND INTANGIBLE PROPERTY, AND RELATED MATTERS.

Resolved, That an unpaid special commission, consisting
of one member of the senate to be designated by the presi-
dent thereof, three members of the house of representatives
to be designated by the speaker thereof, and three persons
to be appointed by the governor, shall make an investiga-
tion and study of the subject matter of that portion of the
governor's address, printed as current senate document
numbered one, that relates to increasing the rate of taxa-
tion on income so as to bring it into balance with the in-
creased rate of taxation on real estate, and of the subject
matter of current senate documents numbered three hun-
dred and eighty-six, three hundred and eighty-seven, three
hundred and eighty-nine, three hundred and ninety, three

Resolves, 1935. — Chap. 64. 739

hundred and ninety-one, and three hundred and ninety-
two, and current house documents numbered one hundred
and seventy-eight, two hundred and fifty-one, two hundred
and fifty-eight, seven hundred and seventy-three, seven
hundred and seventy-nine, ten hundred and thirty-three
and ten hundred and thirty-six, relating to taxation. Said
commission may also make a study with respect to any
other proposals relative to the taxation of intangibles upon
their capital value, or upon the income thereof, or to the
taxation of business income, or to the taxation of tangible
personal property, or relating to exemptions from property
taxes, or limiting the rate of taxation of real estate, or rela-
tive to any other phase or branch of taxation which in the
opinion of the commission should be given consideration.
Said commission shall hold hearings and may call upon the
commissioner of corporations and taxation and other de-
partments, commissions and officers of the commonwealth
and of the several counties and municipalities for such in-
formation as may be needed in the course of its investiga-
tion. Said commission shall be provided with quarters in
the state house or elsewhere, and may expend, with the
approval of the governor and council, for expert, clerical
and other services and expenses such sums, not exceeding,
in the aggregate, twenty-five hundred dollars, as may here-
after be appropriated. Said commission shall make its
report to the general court, with its recommendations and
drafts of legislation necessary to carry such recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives on or before the first Wednesday
of December in the current year.

Approved August 2, 1935.

Resolve in favor of the widow of the late albert

PIERCE.

Resolved, That, for the purpose of promoting the public
good and in consideration of his meritorious service in the
general court of this commonwealth, there be allowed and
paid out of the treasury of the commonwealth to the widow
of the late Albert Pierce, who died while a member of the
present senate, the balance of the salary to which he would
have been entitled had he lived and served until the end
of the current session.

{This resolve, returned by the governor to the Senate, the
branch in which it originated, with his objections thereto, was
passed by the Senate, August 14, 1936, and, in concurrence,
by the House of Representatives, August 14, 1936, the objec-
tions of the governor notwithstanding, in the manner pre-
scribed by the constitution; and thereby has "the force of a
law".)

Chap. 64

740 Acts and Resolves Approved, etc.

Number of acts and resolves approved, approval
withheld, and list of acts vetoed by the gover-
nor and passed over his veto.

The general court, during its first annual session held in
1935, passed 494 Acts and 63 Resolves, which received ex-
ecutive approval, and 3 Acts from which executive approval
was withheld but have become law by virtue of chapter 1,
section 1, Article 2 of the Constitution of the Common-
wealth.

The governor returned 10 Acts and 4 Resolves with his
objections thereto in writing. Upon 9 of said Acts and 3
of said Resolves his objections were sustained.

Three (3) Acts entitled, respectively, "An Act removing
certain restrictions relative to the sale of alcoholic beverages
near the Nantasket Beach reservation" (Chapter 41); "An
Act relative to the retirement allowance of Harriet Alice
Smith under the state retirement system" (Chapter 400)
and "An Act increasing the number of assistant district
attorneys in the Suffolk and southeastern districts and
establishing the salaries of the district attorneys for the
northwestern and western districts and of certain assistant
district attorneys" (Chapter 458) were passed, but failed
to receive executive approval; as, however, they were not
returned, with objections thereto, within five days after
they had been received in the executive department, the
general court not having been prorogued in the meantime,
said acts have the force of law, under the provisions of the
Constitution governing such cases, and have been so
certified.

Nine (9) Acts entitled, respectively, "An Act increasing
the membership of the board of health of the city of Re-
vere"; "An Act exempting veterans of the Spanish War,
the Philippine Insurrection or the China Relief Expedition
from certain requirements of the civil service laws"; "An
Act authorizing preliminary proceedings to simplify and
render more effective the administration of constitutional
provisions for the retirement and removal of certain judicial
officers"; "An Act authorizing the appointment of an
additional court officer for the municipal court of the Rox-
bury district and for the district court of Chelsea"; "An
Act placing under civil service the offices of deputy superin-
tendents of police of the city of Boston"; "An Act placing
the office of superintendent of police of the city of Boston
under the civil service laws"; "An Act providing for reim-
bursement to cities and towns by the commonwealth for
loss of taxes on certain land used for purposes of state
parks"; "An Act regulating and restricting the erection,
alteration and use of buildings and structures and of adver-
tising signs and devices upon a certain state highway known
as the Concord turnpike"; "An Act relative to the redivi-
sion of the city of Boston into wards and to the enumeration

Acts and Resolves Approved, etc. 741

of the legal voters therein" and three (3) resolves entitled,
respectively, "Resolve in favor of Clara Dumas of Leices-
ter"; "Resolve in favor of Sebastian Sarna of Amherst"
and "Resolve in favor of John E. Sullivan of Springfield"
were passed and laid before the governor for his approval;
were returned by him with his objections thereto, to the
branch in which they respectively originated; were recon-
sidered, and the vote being taken on their passage, the objec-
tions of the governor thereto notwithstanding, they were
rejected, and said acts and resolves thereby became void.

One (1) Act entitled "An Act authorizing the city of
Somerville to appropriate money for the use of the school
savings bank of the city of Somerville" (Chapter 130) and
one (1) Resolve entitled "Resolve in favor of the widow of
the late Albert Pierce" (Chapter 64) were passed and laid
before the governor for his approval ; were returned by him
with his objections thereto, to the branch in which they
respectively originated ; were reconsidered, agreeably to the
provisions of the constitution, and the vote being taken on
their passage, the objections of the governor thereto not-
withstanding, they were passed, and said act and resolve
have thereby the force of law.

The general court was prorogued on Thursday, August
15, 1935, at twenty-three minutes past four o'clock a.m.,
the session having occupied 226 days.

742 Return of Votes, etc.

Return of votes on question submitted under the provisions
OF article xlviii of the amendments to the constitution to

THE voters of THE COMMONWEALTH AT THE STATE ELECTION HELD
NOVEMBER 6, 1934.

Votes on Question No. 1 {Referendum) — '^Law Submitted Upon Refer-
endum After Passage."

Shall a law described as follows: —

This law amends General Laws, chapter 131, as previously amended,
by repealing section 105A thereof and adding thereto three new sections,
105B, 105C, and II4A.

Section 10 5B provides that whoever uses any trap or other device for
capture of fur bearing animals, which is not designed to kill such animal
at once or to take it unhurt and which is likely to cause continued suffering
to an animal caught therein, shall be fined fifty dollars, but traps or other
devices for protection of property, set not more than fifty yards from any
building, cultivated plot, or enclosures used for rearing poultry or game
birds, to the use of which the presence of vermin may be detrimental, are
excluded from the application of this section.

Section 105C provides for the submission to the voters at a municipal
election in any city or town upon petition, of the question of whether the
operation of section 105 B shall be suspended or if it has been already
suspended, of the question whether it shall again be operative in such city
or town.

Section 11 4 A provides that the Commissioner of Conservation may sus-
pend the operation of section 105 B for a period not exceeding thirty days
within any specified territory under the control of his department.

The law also provides for the submission, by the selectmen to the voters
at a special town meeting in the current year, upon petition, of the ques-
tion as to whether the provisions of section 105B shall be suspended in
any town; and which was approved by both branches of the General
Court by vote not recorded, be approved?

County of Barnstable.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Barnstable .

1,067

480

1.428

2,975

Bourne

410

210

425

1,045

Brewster

178

137

370

Chatham

339

117

304

760

Dennis

333

154

357

844

Eastham

134

110

298

Falmouth .

883

319

747

1.949

Harwich

372

161

317

850

Mashpee

150

Orleans

262

111

221

694

Provincetown

276

177

653

1.106

Sandwich

257

106

235

598

Truro

116

221

Wellfleet .

180

211

470

Yarmouth .

329

211

256

796

Totals

5.195

County of Berkshire.

2.274

5.557

13,026

Adams

Atford

Becket

Cheshire

Clarksburg

Dalton

Eeremont

Florida

1,763 516 1,619 3,898

44 8 40 92

125 29 70 224

405 56 194 655

216 67 207 490

781 299 696 1,776

128 50 90 268

51 19 44 114

Return of Votes, etc.

County of Berkshire — Concluded.

743

Total

Cities and Towns. Yea.

No.

Blanks.

Ballots.

Great Barrington 1,087

252

833

2,172

Hancock

109

Hinsdale

190

168

411

Lanesborough

214

148

432

Lee

718

169

474

1,361

Lenox

589

148

398

1,136

Monterey .

144

Mount Washington

New Ashford

New Marlborough

171

123

323

North Adams

. 2,702

1,011

3,266

6,979

Otis .

143

Peru .

PlTTSFIELD

. 6,593

2,164

5,804

14,561

Richmond

198

Sandisfield

102

Savoy

106

Sheffield

295

135

524

Stockbridge

324

189

604

Tyringham .

Washington

West Stockbridge

198

113

354

Williamstown

696

237

566

1,399

Windsor

111

Totals

. 17,837

5,649

15,500

38,986

County of Bristol.

Acushnet 399

154

472

1.025

Attleboro

2,962

1,484

2,926

7.372

Berkley

101

106

243

Dartmouth .

703

428

943

2,074

Dighton

281

161

406

847

Easton

891

504

937

2,332

Fairhaven .

994

716

1.560

3,270

Fall River

8,927

8,530

16,896

34,353

Freetown

149

124

226

499

Mansfield .

1.045

456

825

2,326

New Bedford

9,566

5,999

14,884

30,449

North Attleborough

1,614

637

1.648

3,899

Norton

385

197

290

872

Raynham

232

159

256

647

Rehoboth .

327

130

390

847

Seekonk

532

169

493

1,194

Somerset

506

382

762

1,650

Swansea

421

288

578

1,287

Taunton .

4,074

2,517

6,146

12,737

Westport .

382

239

556

1,177

Totals .

34,491

23,310

61,299

109,100

County of Dukes County.

Chilmark 41

130

Edgartown 120

237

412

Gay Head 7

Gosnold 13

Oak BluflEs 142

112

276

529

Tisbury 181

121

301

603

West Tisbury 39

114

Totals 643

333

1,005

1,881

County of Essex.

Amesbury 999

875

2,132

4.006

Andover

1,370

1,188

2,139

4,697

Beverly

2,620

2,638

4,844

10.002

Boxford

124

298

Danvere

1,243

1.138

2,162

4.643

Essex .

165

142

349

656

Georgetown

251

202

447

900

Gloi cester

2,209

1,605

4.360

8.174

Groveland .

265

181

516

962

Hamilton

260

278

389

927

Haverhill

4,611

2,979

9,346

16.936

Ipswich

682

420

1,038

2,140

Lawrence .

7,970

4,660

17.345

29,865

Lynn ....

11,126

7.776

16.391

35,292

Lynnfield .

288

263

414

965

Manchester

455

253

627

1.235

Marblehead

1,278

1,298

2.230

4,806

Merrimac

242

221

573

1,036

Methuen

2.170

1,359

4,386

7,915

Middleton .

206

132

362

700

744

Return of Votes, etc.

County of Esses — Concluded.

■ Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Nahant 249

221

467

937

Newbury

272

167

325

764

Newburtport

1,718

1,254

3,005

5,977

North Andover .

774

616

1,689

3,079

Peabody

1,936

1,392

3,679

7.007

Rockport .

483

388

890

1,761

Rowley

210

116

341

667

Salem

4,699

3,603

8,283

16.585

Salisbury

261

153

647

1.061

Saugus

1,815

1,294

2.711

5.820

Swampscott

1,568

1,384

1,745

4.697

Topsfield .

176

175

186

537

Wenham

191

173

200

564

West Newbury

141

118

311

570

Totals

53.027

38,528

94,526

186,081

County of Franklin.

Ashfield 131

115

296

Bernardston

185

146

382

Buckland

240

111

304

655

Charlemont

148

117

309

Colrain

218

187

490

Conway

147

145

345

Deerfield

385

147

379

911

Erving

186

168

404

Gill .

110

162

319

Greenfield

2,653

1,058

2,641

6,352

Hawley

Heath

Leverett

169

Leyden

100

Monroe

Montague .

1,037

331

1,434

2.802

New Salem .

181

Northfield .

282

172

245

699

Orange

938

355

857

2,150

Rowe .

Shelburne .

365

116

329

810

Shutesbury .

Sunderland .

154

274

Warwick

144

Wendell

127

Whately

122

123

277

Totals

7,760

2,925

7,888

18,573

County of Hampden.

Agawam ........ 917

479

872

2,268

Blandford

175

Brimfield

214

102

366

Chester

188

156

427

Chicopee .

. 3.911

3,119

6,651

13,681

East Longmeadov

554

311

326

1.191

Granville

126

228

Hampden .

162

109

354

Holland

HOLYOKE .

. 5,893

3,841

11,117

20,851

Longmeadow
Ludlow

839

793

482

2,114

772

409

752

1,933

Monson

552

260

669

1,481

Montgomery

Palmer

. 1.229

436

1,357

3,022

Russell

178

101

182

461

Southwick .

173

156

397

SPRINOrlELD

. 16,625

14,123

18,577

49,325

Tolland

Wales

149

West Springfield

. 2,549

1,475

2,017

6.041

Westfield .

. 2,222

1,251

2,548

6.021

Wilbraham .

340

240

262

842

Totals

. 37,623

27,239

46,642

111,504

County of Hampshire.

Amherst 1.172

643

743

2,558

Belchertown

289

199

257

745

Chesterfield

205

Cummington

149

271

Easthampton

. 1,554

656

1,527

3,737

Enfield

161

Goshen

120

Granby

159

101

351

Return of Votes, etc.

745

County of Hampshire — Concluded.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Greenwich ........ 37

Hadley

295

120

181

596

Hatfield

292

204

572

Huntington

225

242

550

Middlefield .

Northampton

3,456

2,005

2.744

8,205

Pelham

148

Plainfield .

113

Preecott

—

South Hadley

1,123

589

1.038

2,750

Southampton

131

114

108

353

Ware .

832

334

1,207

2,373

Westhampton

131

Williamsburg

336

164

300

800

Worthington

158

Totals

10,588

5,310

9,155

25,053

County of Middlesex.

Acton 405

276

476

1,157

Arlington

4,299

4,512

7,265

16,076

Ashby

103

101

274

Ashland

334

329

460

1,123

Ayer .

460

260

565

1,285

Bedford

237

235

390

862

Belmont

3,045

3,086

4,281

10,412

Billerica

836

578

1,145

2,559

Boxborough

158

Burlington .

256

142

351

749

Cambridge

11,033

8,349

18,763

38,145

Carlisle

106

268

Chelmsford

864

660

1,296

2,820

Concord

1,048

744

1,063

2,855

Dracut

617

315

1,222

2,154

Dunstable .

187

Everett

4,334

3,222

7,394

14,950

Framingham

2,646

2,045

3,531

8,222

Groton

423

314

448

1,185

HoUiston

455

363

581

1,399

Hopkinton .

394

287

493

1,174

Hudson

936

565

1,319

2,820

Lexington .

1,501

1,183

1,586

4,270

Lincoln

282

189

226

697

Littleton

198

236

208

642

Lowell

11,451

6,513

19,162

37,126

Malden

5,143

4,718

9,241

19,102

Marlborough

2,160

1,080

3,335

6,575

Maynard

773

451

1,192

2,416

Medford

6,959

5,202

10,741

22,902

Melrose .

2,977

3,573

4,329

10,879

Natick

1,939

1,590

2,638

6,167

Newton

9,229

8,482

11,114

28,825

North Reading

252

171

393

816

Pepperell

425

216

517

1,158

Reading

1,376

1,458

1,757

4,591

Sherborn

145

118

162

425

Shirley

263

160

407

830

SOMERVILLE

. 10,214

7,932

16,262

34,408

Stoneham .

1,200

1,032

2,013

4,245

Stow .

187

125

123

435

Sudbury

255

174

231

660

Tewksbury .

360

195

506

1,061

Townsend .

194

178

337

709

Tyngsborough

163

116

236

515

Wakefield .

1,975

1,570

3,043

6,588

Waltham .

4,652

3,834

5,903

14,389

Watertown .

4,382

3,062

5,262

12,706

Wayland

426

344

491

1,261

Westford

365

248

547

1,160

Weston

608

570

414

1,592

Wilmington

417

322

679

1,418

Winchester .

1,797

2,057

2,282

6,136

WOBURN

2,472

1.772

3,464

7,708

Totals

107.673

85,366

160,207

353,246

County of Nantucket.

Nantucket 312

147

770

1,229

County of Norfolk.

Avon 299

216

450

965

Bellingham 366

123

470

965

Braintree .

2,211

1,550

2,950

6,711

746

Return of Votes, etc.

County of Norfolk — Concluded.

Total

Cities and Towns. Yea.

No.

Blanks.

Ballots.

Brookline . . . . . ... 5,999

5,512

7,916

19,427

Canton

931

686

859

2,476

Cohasset

560

331

557

1,448

Dedham

. 1,855

1,426

2,521

5,802

Dover

187

171

178

536

Foxborough

704

370

627

1.701

Franklin

. 1,162

397

1,021

2,580

Holbrook

415

295

693

1,403

Medfield

341

209

319

869

Med way

509

229

477

1,215

Millis

339

152

340

831

Milton

. 2,822

2,233

3,349

8,404

Needham

. 1,572

1.446

1,847

4,865

Norfolk

220

175

183

578

Norwood

. 2,243

1,238

2,133

5,614

Plainville

259

111

231

601

QUINCT

. 9,272

6,224

13,089

28.585

Randolph

949

575

1.554

3,078

Sharon

616

538

433

1,587

Stoughton

1,144

643

1.251

3,038

Walpole

982

623

965

2,570

Wellesley .

1.587

2,103

1.543

5,233

Westwood .

409

319

456

1,184

Weymouth .

2,981

1,892

3,787

8,660

Wrentham .

356

245

335

936

Totals

41,290

30,032

50,540

121,862

County of Plymouth.

Abington 975

524

1,035

2,534

Bridgewater

897

426

961

2,284

Brockton .

8,621

5,056

10,146

23,823

Carver

166

329

Duxbury

454

269

311

1,034

East Bridgewater

478

267

601

1,346

Halifax

122

119

309

Hanover

399

230

331

960

Hanson

379

170

369

918

Hingham

1.294

653

905

2,852

Hull .

341

219

547

1,107

Kingston

344

158

393

895

LakeviUe

172

137

398

Marion

239

151

261

651

Marshfield .

415

251

335

1,001

Mattapoisett

172

258

528

Middleborough .

1.079

660

1,471

3,210

Nor well

284

184

246

714

Pembroke .

230

112

168

610

Plymouth .

1,391

681

2,063

4,135

Plympton .

101

221

Rochester .

128

100

264

Rockland

1,365

503

1.632

3,500

Scituate

743

433

698

1,874

Wareham .

722

417

903

2,042

West Bridgewater

509

256

485

1,250

Whitman .

1,159

683

1.534

3.376

Totals

23,080

12.709

26.276

62.066

County of Suffolk.

Boston 71,699

47.625

146.935

266,259

Chelsea 2,909

1.287

7,424

11,620

Revere 4,456

1.865

4,752

11.073

Winthrop 2,353

2.060

2,849

7,262

Totals 81.417

52.837

161,960

296,214

County of Worcester.

Ashburnham 193 193 216 601

Athol 1,402 618 1,567 3,587

Auburn 1,027 426 880 2,333

Barre 512 234 353 1.099

Berlin 202 87 168 457

Blackstone 656 167 683 1,506

Bolton 136 80 95 311

Boylston 159 109 160 428

Brookfield 294 108 167 569

Charlton 247 168 316 731

Clinton 1.644 917 2.440 6,001

Dana 78 19 69 166

Douglas 325 187 272 784

Dudley 503 172 735 1.410

East Brookfield 110 76 141 327

FiTCHBDRG 4,214 4,663 5.134 14,011

Return of Votes, etc.

County of Worcester — Concluded.

747

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Gardner 2,176

1,051

2,863

6.090

Grafton

847

410

1,047

2,304

Hard wick .

375

321

795

Harvard

203

177

491

Holden

664

303

442

1.409

Hopedale .

487

334

414

1,235

Hubbardston

123

109

307

Lancaster .

372

229

359

960

Leicester

628

403

750

1,781

Leominster

. 2,489

1,789

2,900

7,178

Lunenburg .

276

243

296

815

Mendon

194

122

144

460

Milford

. 1,913

784

2,419

5,116

Milibury

920

421

1,160

2,501

Millville

209

117

451

777

Njew Braintree

111

North Brookfield

432

221

472

1,125

Northborough

395

235

261

891

Northbridge

. 1,596

742

1,126

3.464

Oakham

166

Oxford

581

263

698

1,542

Paxton

110

249

Petersham .

183

306

Phillipston .

150

Princeton .

102

'248

Royalston .

103

220

Rutland

284

132

198

614

Shrewsbury

976

478

838

2.292

Southborough

296

248

298

842

Southbridge

1,812

557

2.578

4,947

Spencer

803

448

1,184

2,435

Sterling

303

155

230

688

Sturbridge .

209

266

563

Sutton

347

162

265

774

Templeton .

554

189

506

1,249

Upton

355

203

369

927

Uxbridge

957

384

1,045

2,386

Warren

524

186

578

1.288

Webster

1,747

615

2,358

4,720

West Boylston

258

211

299

768

West Brookfield

264

177

526

Westborough

905

417

642

1,964

Westminster

202

163

154

519

Winchendon

736

351

910

1,997

Worcester

24,524

12,308

28,511

65,343

Totals

63,336

33,884

71,634

168.854

Aggregate of Votes.

Counties. Yes.

No.

Blanks.

Total
BaUots.

Barnstable ....... 5,195

2,274

5,557

13,026

Berkshire .

17,837

5,649

15,500

38,986

Bristol

34,491

23,310

51,299

109,100

Dukes County .

543

333

1,005

1,881

Essex

53,027

38,528

94,526

186,081

Franklin .

7,760

2,925

7,888

18,573

Hampden .

37,623

27,239

46.642

111,504

Hampshire

10,588

5,310

9,155

25,053

Middlesex

107,673

85,366

160,207

353.246

Nantucket

312

147

770

1.229

Norfolk .

41,290

30,032

50,540

121,862

Plymouth .

23,080

12,709

26,276

62,065

Suffolk

81,417

52,837

161,960

296,214

Worcester

63,336

33,884

71,634

168,854

Totals

484,172

320,543

702,959

1,507.674

748

Return of Votes, etc.

Returns of votes on questions submitted under the provisions
OF the acts of 1934, chapter 374, to the voters of the common-
wealth AT the state election HELD NOVEMBER 6, 1934.

Votes on Question.
"Shall the pari-mutuel system of betting on licensed horse races he per-
mitted in this county?"

County of Barnstable.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Barnstable 1,439

760

776

2,975

Bourne 502

301

242

1,045

Brewster 140

147

370

Chatham 367

227

166

760

Dennis 326

300

218

844

Eastham ........ 118

298

Falmouth 1,084

458

407

1.949

Harwich 383

266

201

850

Mashpee 58

150

Orleans 249

193

152

594

Provincetown 410

212

484

1,106

Sandwich 261

165

172

598

Truro 105

221

Wellfleet 168

160

142

470

Yarmouth 397

239

160

796

Totals 6,007

3,583

3,436

13,026

County of Berkshire.

Adams 2,186

564

1,148

3.898

Alford

Becket

110

224

Cheshire

380

115

160

655

Clarksburg .

247

105

138

490

Dalton

807

523

446

1,776

Egremont .

114

268

Florida

114

Great Barrington

. 1.166

464

542

2.172

Hancock

109

Hinsdale

208

100

103

411

Lanesborough

216

120

432

Lee .

768

339

254

1,361

Lenox

685

182

268

1,135

Monterey .

144

Mount Washington

New Ashford

New Marlborough

121

109

323

North Adams

3,691

1.182

2,106

6.979

Otis .

143

Peru .

PiTTSFIELD .

8.120

3,122

3,319

14,561

Richmond .

198

Sandisfield .

102

Savoy

106

ShefiHeld

228

172

124

524

Stockbridge

301

176

127

604

Tyringham .

Washington

West Stockbridge

179

354

Williamstown

604

424

371

1.399

Windsor

111

Totals .

20,768

8,353

9,865

38,986

168

240

1,025

Attlebobo ....... 3,266

2,930

1.176

7,372

Berkley 95

243

Dartmouth 1 ,207

449

418

2,074

Dighton 320

282

245

847

Easton 1,129

719

484

2,332

Fairhaven 1,898

665

707

3,270

Fall Riveb 10,963

13,941

9,449

34,353

Freetown ........ 191

199

109

499

Mansfield 1,219

673

434

2,326

New Bedford 19,488

4,224

6,737

30,449

North Attleborough 1,873

1,171

855

3,899

Norton 428

299

145

872

Raynham 333

Rehoboth 370

166

148

647

261

216

847

Seekonk

555

412

227

1,194

Return of Votes, etc.

749

County of Bristol — Concluded.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Somerset ........ 468

811

371

1,650

Swansea ........ 387

663

237

1,287

Taunton ........ 6,672

2,634

3,431

12,737

Westport 491

456

230

1,177

Totals 51,970

31,204

25,926

109,100

County of Dulles County.

Chilmark 32

130

Edgartown .

174

142

412

Gay Head .

Gosnold

Oak Bluffs .

221

151

157

529

Tisbury

226

188

189

603

West Tisbury

114

Totals

705

543

652

1,881

County of Essex.

Amesbury ........ 2,057

987

962

4,006

Andover

2,010

1,895

792

4,697

Beverly

5,011

3,166

1,825

10,002

Boxford

124

137

298

Danvers

2,154

1,450

939

4,543

Essex

277

219

160

656

Georgetown

441

277

182

900

Gloucester

3,929

2,207

2,038

8,174

Groveland .

465

234

263

962

Hamilton

534

258

135

927

Haverhill

8,912

4,477

3,547

16,936

Ipswich

1,120

560

460

2,140

Lawrence .

14,460

7,739

7,666

29,865

Lynn .

21,546

8,133

5,613

35,292

Lynnfield

523

308

134

965

Manchester

668

337

230

1,235

Marblehead

2,448

1,527

831

4,806

Merrimac .

447

362

227

1,036

Methuen

3,608

2,654

1,653

7,915

Middleton .

357

186

157

700

Nahant

547

236

154

937

Newbury

334

240

190

764

Nbwburyport

2,840

1,580

1,557

5,977

North Andover

1,403

1,050

626

3,079

Peabody

3,468

1,906

1,633

7,007

Rockport

674

598

489

1,761

Rowley

315

183

169

667

Salem

8,587

4,589

3,409

16,585

Salisbury

464

299

298

1,061

Saugus

3,478

1,384

958

5,820

Swampscott

2,394

1,688

615

4,697

Topsfield .

281

184

537

Wenham

242

227

564

West Newbury

216

208

146

570

Totals

96,334

51,485

38,262

186,081

County of Franklin.

Ashfield 72

131

296

Bernardston

150

126

106

382

Buckland

230

196

229

655

Charlemont

126

101

309

Colrain

193

ISO

117

490

Conway

113

122

110

345

Deerfield

405

236

270

911

Erving

225

125

404

Gill .

103

115

101

319

Greenfield .

3,355

1,581

1,416

6,352

Hawley

Heath

Leverett

169

Leyden

100

Monroe

Montague .

1,490

442

870

2,802

New Salem

181

Northfield .

205

333

161

699

Orange

928

634

588

2,150

Rowe

Shelburne .

255

325

230

810

Shutesbury

Sunderland .

110

274

Warwick

144

Wendell

127

Whately
TotalB

116

105

277

8,431

5.092

5,050

18.573

750

Return of Votes, etc.

County of Hampden.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Agawam 1,249

451

568

2,268

Blandford .

175

Brimfield

143

120

103

366

Chester

205

100

122

427

Chicopeb .

. 7,189

1,895

4,597

13,681

East Longmeado\

613

415

163

1,191

Granville

228

Hampden .

166

114

354

Holland

HOLYOKE .

. 9.680

2,952

8,219

20.851

Longmeadow

. 1,062

739

313

2,114

Ludlow

. 1,109

409

415

1,933

Monson

659

345

477

1,481

Montgomery

Palmer

. 1,489

507

1,026

3.022

Russell

210

130

121

461

South wick .

172

131

397

Springfield

. 27,632

10,369

11,324

49,325

Tolland

Wales

149

West Springfield

. 3,588

1,329

1,124

6.041

Westfield .

. 3.196

1,244

1,581

6,021

Wilbraham .

365

321

156

842

Totals .

58.987

21.754

30,763

111.504

County of Hampshire.

Amherst ........ 1,009

1,006

543

2,558

Belchertown

341

203

201

745

Chesterfield

102

205

Cummint'ton

271

Easthampton

1,886

673

1,178

3,737

Enfield

161

Goshen

120

Granby

125

123

103

351

Greenwich .

Hadley

280

153

163

596

Hatfield

294

179

572

Huntington

240

115

195

550

Middlefield .

Northampton

4,213

1,654

2,338

8,205

Pelham

148

Plainfield .

113

Prescott

South Hadley

1,258

673

819

2.750

Southampton

140

114

353

Ware .

1,170

382

821

2,373

Westhampton

131

Williamsburg

316

238

246

800

Worthington

158

Totals

11,751

5,998

7,304

25,053

County of Middlesex.

Acton 592

328

237

1,157

Arlington .

7,645

6,426

2,005

16,076

Ashby

102

274

Ashland

603

311

209

1,123

Ayer .

700

311

274

1,285

Bedford

469

266

127

862

Belmont

4,961

4,032

1,419

10,412

Billerica

1.525

591

443

2,559

Boxborough

158

Burlington .

457

150

142

749

Cambridge

21,506

8.374

8.265

38,145

Carlisle

106

115

268

Chelmsford

1,297

888

635

2,820

Concord

1,455

897

503

2,855

Dracut

1.188

439

527

2,154

Dunstable .

187

Everett

8.445

3,668

2,837

14,950

Framingham

4,741

2,155

1,326

8,222

Groton

488

459

238

1.185

Holliston

637

496

266

1.399

Hopkinton .

637

321

216

1,174

Hudson

1,626

567

627

2,820

Lexington .

2.274

1,404

592

4,270

Lincoln

322

254

121

697

Littleton

292

253

642

Lowell

21,062

7.343

8.721

37.126

Malden

10,240

5,837

3,025

19.102

Marlborough

3,587

1.384

1,604

6.576

Maynard

1.352

626

639

2,416

Return of Votes, etc.

County of Middlesex — Concluded.

751

Cities and Towns.

Medford .

Melrose

Natick

Newton

North Reading

Pepperell

Reading

Siierborn

Shirley

SOMERVILLE

Stoneham .
Stow .
Sudbury
Tewksbury .
Townsend .
Tyngeborough
Wakefield .
Waltham .
Watertown .
Wayland
Westford
Weston
Wilmington
Winchester .

WOBURN

Totals

Total

Yes.

No.

Blanks.

Ballots.

13,305

5.558

4.039

22,902

4,935

4,475

1.469

10.879

3,975

1,349

843

6.167

15,031

10,114

3.680

28.825

435

242

139

816

556

349

253

1,158

2,066

1,929

596

4.591

237

124

425

409

182

239

830

19.587

8,790

6.031

34,408

2.064

1.549

632

4,245

198

165

435

339

215

106

660

554

308

199

1,061

281

263

165

709

283

130

102

515

3,644

2,011

933

6.588

8,547

3,761

2,081

14,389

7.378

3,624

1,704

12.706

779

301

181

1,261

628

272

260

1,160

703

651

238

1,592

784

356

278

1.418

2,792

2.361

983

6.136

4,704

1,834

1.170

7.708

192.657

98,916

61,673

353,246

County of Nantucket.

Nantucket ........ 546

County of Norfolk.

Avon 519

Bellingham 489

Braintree ........ 3.896

Brookline 10,486

Canton ........ 1,636

Cohasset ........ 828

Dedham 3.596

Dover ........ 335

Foxborough ....... 869

Franklin 1.231

Holbrook . . . ' 671

Medfield .530

Medway ........ 663

Millis 485

Milton 4,233

Needham 2.411

Norfolk 299

Norwood ........ 3,584

Plainville 292

QuiNCY 17.080

Randolph 1,789

Sharon 843

Stoughton 1,844

Walpole 1.235

Wellesley 2,140

Westwood ........ 692

Weymouth 5,005

Wrentham . . . . . . . .517

Totals 68,198

County of Plymouth.

Abington ........ 1.218

Bridgewater ....... 1.170

Brockton ........ 12.889

Carver . . . . . . . . 113

Duxbury ........ 525

East Bridgewater 574

Halifax 153

Hanover ........ 487

Hanson 456

Hingham 1,592

Hull 675

Kingston 462

Lakeville .....••• 183

Marion ........ 327

Marshfield 621

Mattapoisctt .....•• 272

Middleborough It640

231

452

1,229

222

224

965

195

281

965

1,764

1,051

6.711

5.879

3,062

19.427

572

268

2,476

358

262

1.448

1,330

876

5,802

147

536

549

283

1,701

789

560

2,580

382

350

1,403

207

132

869

306

246

1,215

183

163

831

2,836

1,335

8,404

1,850

604

4.865

207

578

1,459

571

6.614

202

107

601

6,903

4,602

28.585

617

672

3,078

588

156

1,587

729

465

3.038

840

495

2.570

2.407

686

5.233

310

182

1.184

2,278

1,377

8.660

281

138

936

34,390

19,274

121.862

716

600

2.534

602

512

2,284

6,789

4,145

23.823

130

329

314

195

1.034

467

305

1,346

103

309

287

186

960

245

217

918

811

449

2.852

172

260

1,107

217

216

895

129

398

209

115

651

311

169

1.001

133

123

628

1,437

233

3,210

752

Return of Votes, etc.

County of Plymouth — Concluded.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Norwell 369

209

136

714

Pembroke 275

155

510

Plymouth 2,121

1,011

1.003

4.135

Plympton 89

221

Rochester 129

264

Rockland 1,967

777

756

3,500

Scituate 995

518

361

1,874

Wareham 1,035

532

475

2,042

West Bridgewater 567

428

255

1,250

Whitman 1,652

1,087

637

3,376

Totals 32,356

17,951

11,758

62.065

County of Suffolk.

Boston 163,601

42,352

60,306

266,259

Chelsea ........ 6,108

1,689

3,823

11,620

Revere . . ". 7,330

1,496

2,247

11,073

Winthrop 3,980

2,066

1,216

7,262

Totals 181,019

47,603

67,592

296,214

County of Worcester.

Ashburnham ....... 274

194

133

601

Athol .

1,687

1,016

884

3,587

Auburn

1,252

518

563

2.333

Barre .

516

318

265

1,099

Berlin

154

191

112

457

Blackstone .

912

200

394

1,506

Bolton

124

128

311

Boylston

194

113

121

428

Brookfield .

276

154

139

569

Charlton

344

154

233

731

Clinton

2,417

955

1,629

5,001

Dana .

166

Douglas

371

237

176

784

Dudley

652

236

522

1,410

East Brookfield

163

327

FlTCHBUKG .

7,285

3,610

3,116

14,011

Gardner .

2,916

1,360

1,814

6,090

Grafton

1,170

496

638

2,304

Hardwick .

408

146

241

795

Harvard

193

210

491

Holden

656

479

274

1,409

Hopedale .

458

496

281

1,235

Hubbardston

141

307

Lancaster .

368

382

210

960

Leicester

922

411

448

1,781

Leominster

. 3,904

1,734

1,540

7,178

Lunenburg .

332

335

148

815

Mendon

184

197

460

Milford

. 2,556

1,042

1,518

5,116

Millbury

1,268

522

711

2,501

MiUville .

321

156

300

777

New Braintree

111

North Brookfield

551

233

341

1,125

Northborough

398

320

173

891

Northbridge

1,637

1,179

648

3,464

Oakham

166

Oxford

810

285

447

1,542

Paxton

122

249

Petersham

111

115

306

Phillipston

150

Princeton

248

Royalston

220

Rutland

332

170

112

614

Shrewsbury

1,189

617

486

2,292

Southborough

417

253

172

842

Southbridge

2,429

702

1,816

4,947

Spencer

1,216

480

739

2,435

Sterling

307

233

148

688

Sturbridge

255

215

563

Sutton

348

252

174

774

Templeton

532

359

358

1,249

Upton

342

329

256

927

Uxbridge

. 1,147

638

601

2,386

Warren

604

274

410

1,288

Webster

2,414

642

1,664

4,720

West Boylston

264

330

174

768

West Brookfield

252

149

125

526

Westborough

965

674

325

1,964

Westminster

198

212

109

519

Winchendon

. 1,048

467

482

1.997

Worcester

. 34,816

13,438

17,089

65,343

Totals

. 85.491

39,080

44,283

168,854

Return of Votes, etc.

753

Aggregate of Votes.

Cities and Towns.

Yes.

No.

Blanks.

Barnstable ....... 6,007

3,583

3,436

Berkshibe .

. 20,768

8,353

9,865

Bristol

. 51,970

31,204

25,926

Dukes County

705

543

652

Essex

. 96,334

51,485

38,262

Franklin .

. 8,431

5,092

5,050

Hampden .

. 58,987

21,754

30,763

Hampshire

. 11,751

5,998

7,304

Middlesex

. 192,657

98,916

61,673

Nantucket

546

231

452

Norfolk .

. 68,198

34,390

19,274

Plymouth .

. 32,356

17,951

11.758

Suffolk

. 181,019

47,603

67,592

Worcester

. 85,491

39,080

44,283

Totals

. 815,220

366,183

326,271

Total
Ballots.

13.026

38,986

109,100

1,881

186,081

18,573
111,504

25,053

353,246

1,229

121,862

62,065

296.214

168,854

1,507,674

Votes on Question.

'Shall the yari-mutuel system of betting on licensed dog races he 'permitted

i7i this county?"

County of Barnstable.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Barnstable 1,029

937

1,009

2,975

Bourne 365

371

309

1,045

Brewster 100

161

109

370

Chatham 258

281

. 221

760

Dennis 236

348

260

844

Eastham 83

100

115

298

Falmouth 760

604

585

1,949

Harwich 256

321

273

850

Mashpee ........ 39

150

Orleans 180

210

204

594

Provincetown ....... 283

245

578

1,106

Sandwich 189

183

226

598

Truro 83

221

WeUfleet 115

179

176

470

Yarmouth 291

290

215

796

Totals 4,267

4,321

4,438

13,026

County of Berkshire.

Adams 1.618

686

1,594

3,898

Alford

Backet

224

Cheshire

297

128

230

655

Clarksburg .

200

109

181

490

Dalton

646

586

544

1,776

Egremont .

268

Florida

114

Great Barrington

926

504

742

2,172

Hancock

109

Hinsdale

179

107

125

411

Lanesborough

188

123

121

432

Lee .

723

290

348

1,361

Lenox

580

184

371

1,135

Monterey .

144

Mount Washington

New Ashford

New Marlborough

133

323

North Adams

2,824

1,494

2,661

6,979

Otis .

143

Peru .

PiTTSFIELD .

6,413

3,556

4,592

14,561

Richmond .

198

Sandisfield .

102

Savoy

106

Sheflield

178

188

158

524

Stockbridge

228

193

183

604

Tyringham .

Washington

West Stockbridge

132

125

354

Williamatown

425

486

488

1,399

Windsor

111

Totals

16,321

9,470

13,195

38,986

754

Return of Votes, etc.

County of Bristol.

Cities and Towns

Acushnet
Attleboro
Berkley
Dartmouth
Digbton
Easton
Fairhaven .
Fall River
Freetown
Mansfield .
New Bedford
North Attleborough
Norton
Raynham
Rehoboth
Seekonk
Somerset
Swansea
Taunton
Westport
Totala

Total

Yes. No. Blanks. Ballots.

644 196 285 1,025

2,561 3,276 1.535 7,372

79 83 81 243

959 559 556 2,074

262 327 258 847

897 842 593 2.332

1,514 851 905 3,270

8,910 14,277 11,166 34,353

159 199 141 499

897 814 615 2,326

16,508 5,436 8.505 30,449

1,128 1,710 1,061 3,899

335 345 192 872

253 204 190 647

295 285 267 847

460 472 262 1,194

374 830 446 1,650

311 680 296 1,287

5,015 3.040 4,682 12,737

413 498 266 1,177

41,874 34,924 32,302 109,100

County of Dukes County.

Chilmark
Edgartown
Gay Head
Gosnold
Oak Bluffs
Tisbury
West Tisbury
Totals

137

10
177
164

18
538

County of Essex.

112

10
168
215

50
611

59
163

16
184
224

46
732

130

412

529

603

114

1,881

Amesbury
And over
Beverly
Boxford
Danvers
Essex

Georgetown
Gloccesteb
Groveland .
Hamilton
Haverhili.
Ipswich
Lawrence .
Lynn .
Lynnfield
Alanchester
Marblehead
Merrimac
Methuen
Middleton
Nahant
Newbury
Newburyport
North Andover
Peabody
Rockport
Rowley
Salem
Salisbury
Saugus
Swampscott
Topsfield
Wenham
West Newbury
Totala

1,401

1,440

3,452

1,628

192

296

2,776

322

403

6,238

852

11,342

16,094

385

450

1,697

301

2,710

258

402

214

2,092

1,046

2,778

462

208

6,681

346

2,644

1,580

196

171

147

71,280

County of Franklin.

1,241

2,224

3,786

166

1,706

254

342

2,859

322

345

5,592

692

8,965

10,341

384

465

2,024

424

3,062

248

318

312

1,894

1,247

2,182

736

228

5,412

303

1,877

2,300

242

271

244

63,008

1,364

1,033

2,764
56

1,209
210
262

2,539
318
179

5,106
596

9,558

8,857
196
320

1,085
311

2,143
194
217
238

1,991
786

2,047
563
231

4,492
412

1,299

817

122

179

51,793

4,006

4,697

10,002

298

4,543

656

900

8,174

962

927

16,936

2,140

29.865

35.292

965

1.235

4,806

1,036

7,915

700

937

764

5,977

3,079

7,007

1,761

667

16,585

1,061

5.820

4,697

537

564

570

186,081

Ashfield

Bernardston

Buckland

Charlemont

Colrain

Conway

Deerfield

Erving

Gill .

Greenfield .

44
106
167

76
132

85
292
169

77
2,410

139
142
199
131
190
120
285
83
126
1.985

113
134
289
102
168
140
334
152
117
1,957

296
382
655
309
490
345
911
404
319
6,352

Return of Votes, etc.

County of Franklin — Concluded.

755

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Hawley 12

Heath

Leverett

169

Leyden

100

Monroe

Montague

. 1,184

552

1,066

2,802

New Salem .

181

North field .

143

362

194

699

Orange

696

736

718

2,150

Rowe .

Shelburne .

177

352

281

810

Shutesbury .

Sunderland

108

274

Warwick .

144

Wendell

127

Whately
TotaU .

125

277

. 6,207

5,967

6,399

18.573

County of Hampden.

Agawam . . . . . . . . 1,001

580

687

2.268

Blandford " .

176

Brimfield .

111

132

123

366

Chester

167

116

144

427

Chicopeb .

. 6.614

2,434

6,633

13,681

East LongmeadoT

613

479

199

1,191

Granville

110

228

Hampden .

120

135

354

Holland

HOLYOKE

7,732

3,593

9,526

20,851

Longmeadow

767

992

355

2,114

Ludlow

933

507

493

1,933

Monson

546

392

643

1,481

Montgomery

Palmer

1,241

604

1,177

3,022

Russell

180

149

132

461

Southwick .

146

111

140

397

Springfield

20,236

14,334

14,755

49,325

Tolland

Wales

149

West Springfield

2,775

1,851

1,415

6,041

Wbstfield .

2,627

1,463

1,931

6,021

Wilbraham .

284

368

190

842

Totals .

45,199

28,473

37,832

111,604

County of Hampshire.

Amherst ........ 741

1,146

671

2,568

Belchertown

276

236

233

746

Chesterfield

100

206

Cummington

110

271

Easthampton

1,552

804

1,381

3,737

Enfield

161

Goshen

120

Granby

127

130

351

Greenwich .

Hadley

196

182

218

596

Hatfield

201

121

250

572

Huntington

198

126

226

550

Middlefield .

Northampton

3,197

1,964

3,044

8.205

Peiham

148

Plainfield .

113

Prescott

South Hadley

993

725

1,032

2,750

Southampton

110

114

129

353

Ware .

957

457

959

2,373

Westhampton

131

Williamsburg

251

276

274

800

Worthington

158

Totals .

9,143

6,895

9,015

25,053

County of Middlesex.

Acton 404

449

304

1,157

Arlington

5,539

7,980

2,557

16.076

Ashby

107

274

Ashland

426

405

292

1,123

Ayer .

504

374

407

•1.285

Bedford

343

340

179

862

Belmont

3,391

6,247

1.774

10.412

Billerica

1,194

760

605

2,559

Boxborough

168

756

Return of Votes, etc.

County of Middlesex — Concluded.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Burlington ........ 368

188

193

749

Cambridge

16,194

11,296

10,655

38,145

Carlisle

136

268

Chelmsford

1,066

1,021

733

2.820

Concord

976

1,213

666

2.855

Dracut

987

514

653

2,154

Dunstable .

187

Everett

6,522

4.922

3,506

14.950

Framingham

3,626

2,828

1,768

8,222

Groton

352

524

309

1.185

Hoiliston

482

581

336

1.399

Hopkinton .

510

392

272

1.174

Hudson

1,225

766

829

2,820

Lexington .

1,604

1,866

800

4,270

Lincoln

225

318

154

697

Littleton

224

284

134

642

Lowell

17,966

8.986

10.174

37,126

Malden

7,390

7.103

4.609

19,102

Marlborough

2,791

1.739

2,045

6,575

Maynard

992

701

723

2.416

Medford .

10,137

7,693

5.072

22.902

Melrose

3,189

5,608

2.082

10,879

Natick

3,002

1,869

1.296

6.167

Newton

9,698

13.541

5.586

28.825

North Reading

314

311

191

816

PeppereU

372

392

394

1.158

Reading

1,439

2.397

755

4.591

Sherborn

157

180

425

Shirley

309

211

310

830

Somerville

14,499

11.503

8.406

34,408

Stoneham .

1,536

1,825

884

4,245

Stow .

143

199

435

Sudbury

221

284

155

660

Tewksbury .

437

366

258

1,061

Townsend .

175

306

228

709

Tyngsborough

233

157

125

515

Wakefield .

2,726

2.551

1.311

6,588

Waltham

. 6,537

5,010

2,842

14,389

Watertown .

5,505

4.923

2.278

12.706

Wayland

579

433

249

1.261

Westford .

506

338

316

1.160

Weston

436

886

270

1,592

Wilmington

600

470

348

1.418

Winchester .

. 1,827

3.020

1.289

6,136

WOBURN

. 3,694

2,406

1,608

7.708

Totals

. 143,825

128.048

81,373

353,246

County of Nantucket.

Nantucket 411

274

544

1,229

County of Norfolk.

Avon .

BeUingham

Braintree

Brookline

Canton

Cohasset

Dedham

Dover

Foxborough

Franklin

Holbrook

Medfield

Medway

Millis

Milton

Needham

Norfolk

Norwood

Plainville

QUINCY

Randolph
Sharon
Stoughton
Walpole
Wellesley
Westwood
Weymouth
Wrentham
Totals

362

272

331

965

387

221

357

965

2,939

2,390

1,382

6,711

6,124

8.725

4.578

19,427

1,291

763

422

2,476

621

491

336

1,448

2,317

2.001

1.484

6,802

223

229

536

578

690

433

1,701

865

921

794

2,580

491

461

451

1,403

387

299

183

869

492

385

338

1,215

366

241

224

831

2,621

3.854

1,929

8.404

1,633

2.409

823

4.865

207

258

113

578

2,664

1.979

971

5.614

160

298

143

601

13.152

8.825

6.608

28.585

1.329

814

935

3.078

568

786

233

1,587

1.464

935

639

3.038

940

1,081

549

2.570

1.386

3,013

834

5.233

478

458

248

1,184

3,747

2.860

2,053

8,660

366

349

221

936

48,158

46,008

27,696

121,862

Return of Votes, etc.

757

County of Plymouth.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Abington 984

806

744

2,534

Bridgewater

850

738

696

2,284

Brockton .

9,977

7.756

6,090

23,823

Carver

144

102

329

Duxbxiry

363

437

234

1,034

East Bridgewater

424

499

423

1,346

Halifax

118

135

309

Hanover

337

386

237

960

Hanson

376

290

252

918

Hingham

1,101

1,172

579

2.852

Hull .

545

240

322

1,107

Kingston

348

279

268

895

Lakeville

143

153

102

398

Marion

243

257

151

651

Marshfield .

350

417

234

1,001

Mattapoisett

213

173

142

528

Middleborough

1,563

1,317

330

3,210

Norwell

256

276

182

714

Pembroke .

200

209

101

510

Plymouth .

1,608

1,217

1,310

4,135

Plympton .

221

Rochester .

108

264

Rockland .

1,533

936

1,031

3,500

Scituate

742

665

467

1,874

Wareham .

810

649

583

2,042

West Bridgewater

413

487

350

1,250

Whitman

1,267

1,266

843

3.376

Totals

25,014

21,084

15,967

62,065

County of Suffolk.

Boston 123,463

61,355

81,441

266,259

Chelsea

5,455

1,887

4.278

11,620

Reverb

5,921

2,031

3,121

11,073

Winthrop .

2,698

2,730

1,834

7,262

Totals .

'. 137,537

68,003

90.674

296,214

County of Worcester.

Ashburnham ....... 202

238

161

601

Athol .

1,215

1,161

1,211

3,587

Auburn

993

631

709

2,333

Barre .

401

327

371

1,099

Berlin

212

147

457

Blackstone .

796

230

480

1,506

Bolton

138

311

Boylston

129

146

153

428

Brookfield .

196

188

185

569

Charlton

256

174

301

731

Clinton

1,803

1,136

2,062

5,001

Dana .

166

Douglas

276

296

212

784

Dudley

518

289

603

1,410

East Brookfield

124

125

327

FlTCHBURG .

5,526

4,343

4,142

14,011

Gaimjner .

2,255

1,665

2,170

6,090

Grafton

935

578

791

2.304

Hardwick .

329

180

286

795

Harvard

123

257

111

491

Holden

474

544

391

1,409

Hopedale

321

576

338

1,235

Hubbardston

104

121

307

Lancaster .

254

440

266

960

Leicester

754

486

541

1,781

Leominster

3,062

2,159

1,957

7.178

Lunenburg .

263

364

188

815

Mendon

132

218

110

460

Milford

2,153

1,253

1,710

5.116

Millbury

988

628

885

2,501

MiUville

250

174

353

777

New Braintree

111

North Brookfield

404

299

422

1.125

Northborough

294

385

212

891

Northbridge

1,344

1,313

807

3,464

Oakham

166

Oxford

661

365

516

1.542

Paxton

249

Petersham .

127

306

Phillipston .

. 150

Princeton .

106

248

Royalston .

220

Rutland

236

224

164

614

Shrawibury

916

763

613

2,202

758

Return of Votes, etc.

County of Worcester — Concluded.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Southborough . . . . . . .301

328

213

842

South bridge

1,916

852

2,179

4,947

Spencer

960

568

907

2,435

Sterling

223

250

215

688

Sturbndge

195

106

262

563

Sutton

284

281

209

774

Templeton

409

418

422

1,249

Upton

249

365

313

927

Uxbridge

925

702

759

2,386

Warren

434

336

518

1.288

Webster

2,036

785

1,899

4,720

West Boylston

180

362

226

768

West Brookfield

191

172

163

526

Westborough

718

803

443

1,964

Westminster

159

237

123

519

Winchendon

824

578

595

1,997

Worcester

27,134

16,686

21,523

65,343

Totals

66,458

47,049

55,347

168,854

Aggregate of Votes.

Total

Cities and Towns. Yes.

No.

Blanks.

Ballots.

Barnstable ....... 4,267

4,321

4,438

13.026

Berkshire

16.321

9,470

13,195

38.986

Bristol

41,874

34,924

32,302

109,100

Dukes Countt

538

611

732

1,881

Essex

71.280

63,008

61,793

180,081

Franklin .

6,207

5,967

6,399

18,573

Hampden .

45,199

28,473

37,832

111,504

Hampshire

9,143

6,895

9,015

25,053

Middlesex

143,825

128,048

81,373

353,246

Nantucket

411

274

544

1,229

Norfolk

48,158

46,008

27,696

121,862

Plymouth .

25,014

21,084

15,967

62,065

Suffolk

137,537

68,003

90,674

296,214

Worcester

66.458

47,049

55,347

168,854

Totals ,

616,232

464,135

427,307

1.507,674

APPENDIX

The following table and the index to the Acts and Resolves of the
current year have been prepared by William E. Dorman, Esq., and
Henry D. Wiggin, Esq., counsel, respectively, to the Senate and
House of Representatives, in accordance with General Laws, Ter-
centenary Edition, chapter three, section fifty-one.

TABLE

SHOWING

TO WHAT EXTENT THE GENERAL LAWS OF THE
COMMONWEALTH, AS APPEARING IN THE TER-
CENTENARY EDITION, HAVE BEEN AFFECT-
ED BY LEGISLATION ENACTED BY THE
GENERAL COURT SINCE JANUARY
FIRST, NINETEEN HUNDRED
AND THIRTY-TWO.* t

Chapter 1. — Jurisdiction of the Commonwealth and of the United States.

Act granting to United States all rights of the commonwealth in
and to great ponds within Fort Devens Military Reservation, and
ceding jurisdiction over such ponds and certain other lands, 1933, 290.

Sect. 3 revised, 1933, 278 § 1.

Chapter 3. — The General Court.

Sects. 12 and 13. For legislation establishing the salaries of the
present clerk and assistant clerk of the senate, see 1932, 181.
Sect. 19 amended, 1935, 210.

Chapter 4. — Statutes.

Sect. 5 revised, 1935, 69.

Sect. 7, clause Eighteenth amended, 1934, 283; sentence added at
end of same clause, 1935, 26.

Chapter 5. — Printing and Distribution of Laws and Public Documents.

As to the distribution of the Tercentenary Edition of the General
Laws, see 1932, Resolve 53; 1933, Resolve 19; 1935, Resolve 18.
Sect. 1, last paragraph revised, 1932, 254.
Sect. 9 amended, 1933, 245 § 1.
Sect. 18 amended, 1935, 226 § 1.

Chapter 6. — The Governor, Lieutenant Governor and Council, Certain
Officers under the Governor and Council, and State Library.

For temporary legislation establishing an emergency finance board,
and defining its powers and duties, see 1933, 49, 104.

For temporary legislation establishing the emergency public works
commission, and defining its powers and duties, see 1933, 365, as
affected by 1933, 368.

Sect. 12B added, 1932, 14 (relative to the observance of the anni-
versary of the death of Brigadier General Casimir Pulaski).

* For table showing changes in legislation made during the years 1921 to 1931,
inclusive, see Table of Changes contained in pages 485-597 of the Acts and Resolves
of 1932.

t References in this table are to the Tercentenary Edition of the General Laws,
as most recently amended, unless otherwise specified.

762 Changes in the [Chaps. 7-9.

Sect. 12C added, 1932, 153 (relative to the observance of the
anniversary of the battle of Bunker Hill). (See 1935, 26.)

Sect. 12D added, 1932, 242 (relative to the observance of the
anniversary of the Boston Massacre, etc.).

Sect. 12E added, 1934, 191 (relative to the observance of the anni-
versary of the death of Commodore John Barry).

Sect. 12F added, 1935, 23 (relative to the observance of the anni-
versary of the battle of New Orleans).

Sect. 12G added, 1935, 96 (providing for an annual proclamation
by the governor relative to American Education Week).

Sect. 12H added, 1935, 148 (relative to the observance of the anni-
versary of the death of General Marquis de Lafayette).

Sect. 121 added, 1935, 184 (relative to the annual osbervance of
Indian Day).

Sect. 17 amended, 1932, 305 § 1; 1933, 120 § 1; 336§ 1; 1934, 374
§ 1; 1935, 475 § 1. (See 1933, 336 § 3.)

Sect. 28A amended, 1934, 208 § 1.

Sect. 28E added, 1934, 208 § 2 (relative to the dissemination of
information concerning the public bequest fund).

Sect. 42 added, under caption "milk regulation board", 1932,
305 § 2.

Sects. 43-45 added, 1933, 120 § 2 (relative to the alcoholic bever-
ages control commission).

Sect. 43 amended, 1933, 375 § 1.

Sect. 44, first paragraph revised, 1933, 376 § 1.

Sects. 46 and 47 added, 1933, 336 § 2 (relative to the Greylock
reservation commission). (See 1933, 336 § 3.)

Sect. 48 added, under caption ''state racing commission", 1934,
374 § 2.

Sects. 49-52 added, under caption "state planning board", 1935,
475 § 2.

Chapter 7. — Commission on Administration and Finance.

Sect. 22, clause (17) revised, 1933, 353 § 1.

Sect. 23A added, 1933, 353 § 2 (providing a preference in the pur-
chase of supplies and materials by contractors for certain state work in
favor of domestic supplies and materials).

Chapter 8. — Superintendent of Buildings, and State House.

Sects. 1-12 affected, 1935, 327.

Sect. 4 amended, 1935, 251.

Sect. 5 revised, 1935, 460 § 1. (See 1935, 460 § 2.)

Sect. lOA revised, 1933, 170.

Sect. 17 amended, 1932, 188 § 1; 1933, 199 § 1.

Sect. 18 amended, 1932, 188 § 2; 1933, 199 § 2.

Chapter 9. — Department of the State Secretary.

Sect. 2 revised, 1935, 416.
Sect. 6 amended, 1934, 25 § 1.
Sect. 7 amended, 1934, 25 § 2.
Sect. 9 amended, 1934, 127.
Sect. 15 amended, 1934, 19.

Chaps. 10-18.] GENERAL LaWS. 763

Sect. 17 amended, 1934, 37.

Sect. 20 added, 1935, 402 (regulating the publication and sale of
the Massachusetts Reports and of the advance sheets of the opinions
and decisions of the Supreme Judicial Court).

Chapter 10. — Department of the State Treasurer.

For temporary legislation establishing an emergency finance board,
and defining its powers and duties, see 1933, 49, 104.

For temporary legislation establishing the emergency pubhc works
commission, and defining its powers and duties, see 1933, 365, as
affected by 1933, 368.

Sect. 8 amended, 1932, 180 § 1.

Chapter 12. — Department of the Attorney General, and the District

Attorneys.

Sect. 2 amended, 1934, 133 § 1. (See 1934, 133 § 2.)

Sect. 3, last sentence amended, 1932, 180 § 2.

Sect. 3B amended, 1933, 318 § 1; 1934, 291 § 1. (See 1933, 318
§ 9; 1934, 291 § 6.)

Sect. 14, paragraph in Hnes 5 and 6 revised, 1935, 209; paragraph
in lines 7 and 8 revised, 1935, 433 § 1; section revised, 1935, 458 § 1.

Sect. 15 revised, 1935, 458 § 2.

Sect. 16, paragraph in lines 9-11 revised, 1935, 433 § 2; section
revised, 1935, 458 § 3.

Chapter 13. — Department of Civil Service and Registration.

Sect. 3 amended, 1932, 180 § 3.

Sect. 8 amended, 1934, 329.

Sect. 10 amended, 1932, 8.

Sect. 17 revised, 1934, 339 § 1.

Sect. 32 revised, 1935, 420 § 1. (See 1935, 420 § 2.)

Sect. 40 amended, 1933, 149 § 1; two sentences added at end, 1934,
299 § 1. (See 1934, 299 § 2.)

Sects. 42-44 added, under caption "board of registration of
hairdressers", 1935, 428 § 1 (establishing a board of registration of
hairdressers). (See 1935, 428 §§5, 7.)

Chapter 15. — Department of Education.

Sect. 12 revised, 1935, 367.

Chapter 16. — Department of Public Works.

Sect. 6 amended, 1935, 418 § 1.

Chapter 18. — Department of Public Welfare.

Sect. 7 amended, 1935, 311 § 1.

Sects. 17 and 18 added, under caption "state board of housing",
1933, 364 § 1 (establishing within the department a state board of
housing).

Sect. 17 amended, 1935, 449 § 1.

Sect. 18 amended, 1935, 449 § lA.

764 Changes in the [Chaps. 19-23.

Chapter 19. — Department of Mental Diseases.

Division of examination of prisoners abolished, 1933, 77 § 4.
Sect. 5 amended, 1935, 314 § 2; 421 § 3. (See 1935, 421 §§ 5, 6.)
Sect. 6. See 1935, 314 § 1.

Chapter 20. — Department of Agriculture.

For temporary legislation establishing within the department a milk
control board, and defining its powers and duties, see 1934, 376.

Sect. 4 amended, 1933, 74 § 1; revised, 1934, 340 § 1. (See 1934,
340 § 18.)

Sect, 6 added, 1934, 340 § 2 (experts and assistants in division of
livestock disease control). (See 1934, 340 § 18.)

Chapter 21. — Department of Conservation.

Sect. 1 amended, 1934, 340 § 3. (See 1934, 340 § 18.)

Sect. 3 revised, 1933, 75 § 1; amended, 1934, 340 § 4. (See 1934,
340 § 18.)

Sects. 3A and 3B repealed, 1932, 180 § 4.

Sect. 7 revised, 1933, 329 § 3.

Sect. 7A added, 1934, 173 § 1 (establishing the office of state orni-
thologist in the division of fisheries and game). (See 1934, 173 § 2.)

Sect. 8A revised, 1933, 329 § 4.

Sects. 9 and 10 repealed, 1934, 340 § 5. (See 1934, 340 § 18.)

Sect. 11 revised, 1933, 75 § 2.

Sect. 12 revised, 1933, 75 § 3.

Chapter 22. — Department of Public Safety.

Sect. 9C added, 1933, 239 (relative to the uniform of members of the
state police).

Chapter 23. — Department of Labor and Industries.

Sect. 3 amended, 1934, 331 § 1; two sentences revised, 1935, 479
§ 1. (See 1935, 479 § 7.)
Sect. 4 amended, 1934, 331 § 2; 1935, 479 § 2. (See 1935, 479 § 7.)
Sect. 5 amended, 1935, 479 § 3. (See 1935, 479 § 7.)
Sect. 9 revised, 1935, 60 § 1.
Caption before sects. 9A-9C changed to "the Massachusetts

INDUSTRIAL AND DEVELOPMENT COMMISSION", 1932, 99.

Sect. 9A revised, 1932, 99; repealed, 1933, 73.

Sect. 9B repealed, 1933, 73.

Sect. 9C revised, 1932, 187; repealed, 1933, 73.

Sect. 9H revised, 1933, 362.

Sects. 9I-9N added, 1935, 479 § 4 (establishing the Unemploy-
ment Compensation Commission, and defining its powers and duties).
(See 1935, 479 §§ 6, 7.)

Sect. IIA (and caption) added, 1934, 331 § 3 (Division of occupa-
tional hygiene).

Chaps. 25-31.] GENERAL LaWS. 765

Chapter 25. — Department of Public Utilities.

Sect. 9A added, 1933, 76 § 2 (providing for certain employees serv-
ing directly under the commission of the department to perform its
duties relative to smoke abatement in Boston and vicinity) ; repealed,
1934, 352 § 2.

Sect. 10 amended, 1933, 76 § 3; 1934, 352 § 3.

Sect. lOA added, 1933, 76 § 4 (providing for the apportionment of
expenses incurred by the department in the performance of its duties
relative to smoke abatement in Boston and vicinity) ; repealed, 1934,
352 § 4.

Sects. 11 and 12 repealed, 1935, 411 § 1. (See 1935, 411 § 2.)

Sect. 12B revised, 1932, 290 § 2.

Sects. 12C-12F repealed, 1933, 76 § 1; new sections 12C-12E
added, under caption "division of smoke inspection ', 1934, 352 § 1.

Sect. 12F added, 1935, 405 § 1 (establishing in the department
a commercial motor vehicle division, under the charge of a director
thereof) ; phrase added at end, 1935, 477 § 2.

Chapter 26. — Department of Banking and Insurance.

Sect. 8 A revised, 1934, 2; amended, 1935, 419.

Chapter 27. — Department of Correction.

Sect. 5 revised, 1934, 350 § 1. (See 1934, 350 §§ 2-4.)

Chapter 29. — State Finance.

For temporary legislation as to emergency state financing, see 1933,
49, 104, 307, 341, 365, 367, 368; 1934, 41, 66, 313, 335; 1935, 221, 300,
380, 392, 456.

For legislation relative to the collection of certain taxes and other
charges due the commonwealth, see 1935, 498 §§ 2, 3, 4.

Sect. 31, last sentence amended, 1932, 127 § 2.

Sect. 38, subdivision {h) added, 1934, 356.

Chapter 30. — General Provisions Relative to State Departments, Com-
missions, Officers and Employees.

For temporary act reducing the salary or other compensation of
state officers and employees, see 1933, 105, as affected by 1933, 296.
For temporary acts providing for restoration of one-third of reduction
in salary or other compensation under 1933, 105, as so affected, see
1934, 194; 213 § 1.

Provisions relative to expenses incurred for midday meals by state
employees, 1933, 174 § 8; 1934, 162 § 6; 1935, 249 § 7.

Sect. 39 revised, 1934, 351; amended, 1935, 217 § 1; revised, 1935,
472 § 1.

Chapter 31. — Civil Service.

For acts, extending to May 15th, 1935, the existing preference in the
classified labor service to persons with dependents, see 1932, 183;
1933, 194; 1934,243. [For prior legislation, see 1930, 111; 1931,316.]

Sect. 4, sixth paragraph revised, 1932, 282 § 1. (See 1932, 282 § 4.)

766 Changes in the [Chap. 32.

Sect. 5 amended, 1935, 405 § 2.

Sect. 6, sentence added at end, 1932, 260.

Sect. 6A added, 1935, 228 (dispensing with educational require-
ments as a condition of taking certain civil service examinations).

Sect. 15A added, 1933, 267 (restricting the appointment of persons
for temporary employment under the civil service laws); amended,
1934, 105.

Sect. 17 amended, 1934, 94.

Sect. 19A added, 1932, 146 (relative to appointments to the regular
fire forces in certain cities having reserve fire forces).

Sect. 21 amended, 1932, 89; revised, 1933, 137.

Sect. 45 amended, 1934, 249 § 2.

Sect. 45A added, 1934, 190 (providing a method of avoiding multi-
plicity of petitions for judicial review to determine seniority rights in
the classified labor service).

Sect. 46 amended, 1932, 282 § 2; revised, 1934, 249 § 1.

Sects. 46C and 46D added, 1933, 320 (providing for the reinstate-
ment of certain municipal officers and employees).

Sect. 46C amended, 1934, 84.

Sect. 46E added, 1934, 207 (providing that a leave of absence of less
than six months shall not be deemed a separation from the classified
civil service in certain cases).

Sect. 46F added, 1935, 337 (providing for the reinstatement of
members of the police force of the Metropolitan district commission
in certain cases).

Sect. 46G added, 1935, 408 (relative to seniority rights in respect to
the suspension and re-employment of persons in the classified civil
service in certain cases).

Chapter 32. — Retirement Systems and Pensions.

Sect. 1, new paragraph added, 1934, 360 § 1. (See 1934, 360 § 5.)

Sect. 2, paragraphs (10) and (11) revised, 1935, 390.

Sect. 3, paragraph (4) revised, 1932, 268.

Sect. 4, sentence added at end of paragraph (2) A (c), 1934, 360 § 2.
(See 1934, 360 § 5.)

Sect, 5, paragraph added at end of paragraph (S) C (c), 1934, 360
§ 3; paragraph H added at end, 1934, 360 § 4. (See 1934, 360 § 5.)

Sect. 7, paragraph (4) amended, 1932, 127 § 18.

Sect. 10, paragraph (2) revised, 1932, 255.

Sect. 20, paragraph added, 1934, 258 § 1.

Sect. 23, paragraph (5) revised, 1934, 258 § 2.

Sect. 24, paragraph (2)A amended, 1935, 243.

Sect. 44 revised, 1934, 135; paragraph added at end, 1934, 285 § 1.

Sect. 52 amended, 1932, 114 § 1.

Sect. 53 amended, 1932, 114 § 2.

Sect. 60, paragraph added at end, 1934, 285 § 2.

Sect. 60A, paragraph added at end, 1934, 285 § 3.

Sect. 66, paragraph added at end, 1934, 285 § 4.

Sect. 70, paragraph added at end, 1934, 285 § 5.

Sect. 75, paragraph added at end, 1934, 285 § 6.

Sect. 78A added, 1934, 285 § 7 (providing for the ultimate abolition
of non-contributory pensions under general law for laborers).

Chaps. 33-35.] GENERAL LawS 767

Sect. 80, paragraph added at end, 1934, 285 § 8.

Sect. 81 amended, 1933, 103.

Sect. 85A revised, 1935, 31 § 1. (See 1935, 31 § 2.)

Sect. 85B added, 1932, 253 (regulating the retirement and pension-
ing of certain members of the pohce forces of park boards of cities and
towns).

Sect. 85C added, 1934, 285 § 9 (providing for the ultimate abolition
of non-contributory pensions under certain provisions of general law
for policemen and firemen).

Sect. 89 revised, 1932, 276; amended, 1933, 340 § 1; 1934, 843;
revised, 1935, 466. (See 1933, 340 § 2.)

Chapter 33. — Militia.

Act establishing a special military reservation commission, and
authorizing the acquisition by the commonwealth for military pur-
poses of certain properties in Sandwich, Bourne, Falmouth and Mash-
pee, 1935, 196.

Sect. 6 revised, 1933, 254 § 1. (See 1933, 254 § 66.)

Sect. 18 amended, 1932, 15.

Sect. 25A added, 1935, 295 § 1 (further regulating the calling out
of the militia as an aid to the civil power of the commonwealth).

Sect. 26 amended, 1935, 295 § 2.

Sect. 31 amended, 1935, 295 § 3.

Sect. 32 revised, 1935, 295 § 4.

Sect. 33 revised, 1935, 295 § 5.

Sect. 34 amended, 1935, 295 § 6.

Sect. 48, subsection (a) revised, 1932, 161; same subsection
amended, 1933, 166.

Sect. 60 amended, 1933, 153 § 1; 1934, 120.

Sect. 67 revised, 1935, 205.

Sect. 90, paragraph in lines 63-65 revised, 1934, 106; last sentence
of paragraph (k) revised, 1933, 17.

Sect. 98, sentence added at end, 1933, 6.

Chapter 34. — Counties and County Commissioners.

Sect. 1 revised, 1933, 278 § 2.

Sect. 4 amended, 1935, 257 § 1. (See 1935, 257 § 12.)
Sect. 7 amended, 1935, 257 § 2. (See 1935, 257 § 12.)
Sect. 12 revised, 1935, 257 § 3. (See 1935, 257 § 12.)
Sect. 17 revised 1932 74.

Sect! 19 amended, 1935, 257 § 4. (See 1935, 257 § 12.)
Sect. 23 added, 1932, 297 (authorizing counties to receive certain
gifts).

Chapter 35. — County Treasurers, State Supervision of County Accounts

and County Finances.

For temporary legislation relative to salary reductions in the several
counties, see 1933, 121, 186; 1934, 228, 276, 289. (See also 1933,
322 § 3.)

For emergency legislation incident to the National Industrial Re-
covery Act and the Emergency Relief Appropriation Act of 1935, see
1933, 366, as amended by 1934, 21 and 1935, 404.

768 Changes in the [Chaps. 37-40.

Provisions relative to travel allowance of county officials and em-
ployees using their own cars on official business, 1933, 322 § 4.
Sect. 3 revised, 1932, 56.
Sect. 25 amended, 1933, 175 § 1.
Sect. 27 amended, 1933, 175 § 2.
Sect. 28 amended, 1933, 318 § 2; 1934, 291 § 2. (See 1933, 318 § 9;

1934, 291 § 6.)

Sect. 37 amended, 1933, 28.

Sect. 37A amended, 1933, 29.

Sect. 49 amended, 1935, 182 § 1. (See 1935, 182 § 6.)

Chapter 37. — Sheriffs.

Sect. 22 amended, 1932, 180 § 5.

Chapter 38. — Medical Examiners.

Sect. 8 revised, 1932, 118 § 1.

Chapter 39. — Municipal Government.

Sect. 10 amended, 1935, 403 § 1. (See 1935, 403 § 2.)
Sect. 19 repealed, 1934, 39 § 1.
Sect. 20 amended, 1934, 39 § 2.
Sect. 23 amended, 1934, 39 § 3.

Chapter 40. — Powers and Duties of Cities and Towns.

Sect. 4, third paragraph revised, 1932, 271 § 6. (See 1932, 271 § 7.)
Sect. 5, clause (1) amended, 1933, 318 § 3; 1935, 106; revised,

1935, 179; (see 1933, 318 § 9); clause (12) amended, 1932, 114 § 3;
1933, 153 § 2; 245 § 2; clause (38) added, 1934, 154 § 1 (authorizing
appropriations for protection of interests in real estate held under tax
title or taking); clause (39) added, 1935, 28 (authorizing appropria-
tions for the purpose of co-operating with the federal government in
certain unemployment relief and other projects).

Sects. 5, 6. Temporary act, effective during 1935 and 1936,
authorizing appropriations for a general unemployment rehef fund,
1935, 90.

Sect. 9 amended, 1933, 245 § 3; 1935, 305.

Sect. 14 revised, 1933, 283 § 1.

Sect. 17 amended, 1933, 254 § 2. (See 1933, 254 § 66.)

Sects. 25-33. See 1932, 143; 1933, 204; 1934, 210; for special
zoning provisions for Boston.

Sects. 25-30A stricken out, and new sections 25-30A (municipal
zoning laws) inserted, 1933, 269 § 1. (See 1933, 269 § 4.)

Sect. 30, paragraph in lines 61-70 (as appearing in 1933, 269 § 1)
amended, 1935, 388 § 1; paragraph in Unes 80-90 (as appearing in
1933, 269 § 1) amended, 1935, 388 § 2.

Sect. 32 revised, 1933, 185 § 1. (See 1933, 185 § 2.)

Sect. 40 revised, 1933, 314.

Sect. 42A revised, 1932, 197 § 2. (See 1932, 197 § 3.)

Sect. 42B amended, 1935, 56 § 1. (See 1935, 56 § 2.)

Sect. 42C amended, 1935, 248 § 1.

Sect. 42D, last sentence revised, 1935, 248 § 2.

Sect. 42E, last sentence amended, 1932, 180 § 6.

Geaps. 41-44.] General Laws. 769

Chapter 41. — Officers and Employees of Cities, Towns and Districts.

For temporary legislation relative to salary reductions in Boston,
see 1933, 121; 1934, 228, 289.

Sect. 1, paragraph in line 10 revised, 1934, 155 § 1.

Sect. 5 amended, 1934, 39 § 4.

Sect. 13A added, 1932, 289 § 5 (provisions relative to bonds of city
clerks). [For prior legislation, see G. L. chapter 140 § 148, repealed
by 1932, 289 § 6.]

Sect. 19A added, 1933, 70 § 1 (requiring the filing with the state
secretary of certificates of appointment or election of clerks or assist-
ant or temporary clerks of cities or towns, and granting authority to
said secretary to authenticate attestations of any such officer). (See
1933, 70 § 2.)

Sect. 21, last paragraph revised, 1934, 155 § 2. (See 1934, 155 § 4.)

Sect. 26A added, 1935, 149 (relative to employment of counsel by
boards of assessors in certain cases).

Sect. 37 revised, 1933, 82 § 2; amended, 1934, 259 § 2.

Sect. 66 revised, 1934, 155 § 3.

Sect. 91B added, 1933, 128 (further regulating the appointment of
constables).

Sect. 99 amended, 1932, 124.

Sect. 100, sentence added at end, 1933, 324 § 3.

Sect. lOOA amended, 1933, 318 § 4; 1934, 291 § 3. (See 1933, 318
§§ 8, 9; 1934, 291 § 6.)

Sect. Ill revised, 1932, 109.

Sect. lllA amended, 1934, 107.

Chapter 42. — Boundaries of Cities and Towns.

Boundary line between Saugus and Wakefield (portion) established,
1933, 298; between Woburn and Reading (portion) estabhshed, 1934,
177; between Oak Bluffs and Tisbury (portion) estabhshed, 1935,
145; between Brewster and Orleans (portion) established, 1935, 356.

Sect. 1 revised, 1933, 278 § 3.

Chapter 43. — City Charters.

Sect. 15 amended, 1933, 313 § 7.
Sect. 23 amended, 1935, 68 § 1.
Sect. 42 amended, 1935, 68 § 2.

Sect. 44A amended, 1933, 313 § 8; last two sentences stricken out,
and paragraph added at end, 1934, 30.
Sect. 44H amended, 1932, 180 § 7.

Chapter 43A. — Standard Form of Representative Town Meeting

Government.

Act relative to Wellesley, 1932, 202; to Needham, 1932, 279; to
Webster, 1933, 13; to South Hadley, 1933, 45; to Easthampton, 1933,
178; to Milford, 1933, 271; to Adams, 1935, 235; to Falmouth, 1935, 349.

Chapter 44. — Municipal Finance.

For temporary legislation establishing an emergency finance board
in the department of the state treasurer, and providing for the borrow-

770 Changes in the [Chaps. 46, 48.

ing of money by cities and towns against certain tax titles, see 1933,
49, 104; 1935, 221, 300, 456.

For temporary act authorizing cities and towns to borrow on account
of public welfare and soldiers' benefits from the commonwealth and
elsewhere, and authorizing the commonwealth to issue bonds or notes
to provide funds therefor, see 1933, 307 (as changed by 1933, 344
§§ 3, 4; 1934, 335; and as affected by 1933, 367 § 1).

For temporary acts relative to funds granted under the federal
emergency relief act of 1933, see 1933, 344; 1934, 163.

For emergency legislation incident to the National Industrial
Recovery Act and the Emergency Relief Appropriation Act of 1935,
see 1933, 366; 1934,21; 1935,404.

For temporary legislation in aid of the town of Millville, see 1933,
341; 1935,470.

For legislation authorizing the renewal by cities and towns of certain
temporary revenue loans, see 1935, 12.

For legislation relative to the collection of certain taxes and other
charges due the commonwealth, see 1935, 498 §§ 2, 3, 4.

For legislation authorizing cities, towns and districts to borrow,
during 1935, on account of public welfare and soldiers' benefits and
their share of the cost of Emergency Relief Administration projects,
see 1935, 188. (See 1935, 456.)

For legislation authorizing temporary borrowings by cities, towns
and districts in anticipation of receipts from federal grants for emer-
gency public works, see 1935, 213.

Sect. 4 amended, 1934, 11 § 1; affected, 1934, 11 §§ 2, 3.

Sect, 4A added, 1935, 68 § 3 (temporary loans by cities in antici-
pation of revenue exempted from charter provisions relative to
publication and referendum).

Sect. 5A amended, 1935, 68 § 4.

Sect. 29. As to tax limit of Boston, see 1932, 125; 1933, 159; 1934,
201; 1935, 284.

Sect. 46A added, 1932, 155 (making permanent certain provisions
of law relative to investigations of municipal accounts and financial
transactions by the director of accounts). [For prior temporary
legislation, see 1926, 210; 1929, 335.]

Sect. 51 amended, 1934, 355.

Sect. 54 amended, 1933, 200.

Sect. 56A added, 1934, 229 § 1 (relative to the financial year of
cities). (See 1934, 229 §§ 2, 3.)

Chapter 46. — Return and Registry of Births, Marriages and Deaths.

Sect. 1, third sentence of second paragraph revised, 1933, 280 § 1.
Sect. 2A added, 1933, 279 (regulating the impounding of birth
records of children born out of wedlock).

Sect. 13, second paragraph amended, 1933, 280 § 2.
Sect. 17 revised, 1932, 12.

Chapter 48. — Fires, Fire Departments and Fire Districts.

For emergency legislation incident to the National Industrial Re-
covery Act and the Emergency ReUef Appropriation Act of 1935, see
1933, 366, as amended by 1934, 21 and 1935, 404.

Chaps. 50-53.] GENERAL LaWS. 771

For legislation authorizing cities, towns and districts to borrow,
during 1935, on account of public welfare and soldiers' benefits and
their share of the cost of Emergency Rehef Administration projects,
see 1935, 188. (See 1935, 456.)

For legislation authorizing temporary borrowings by cities, towns
and districts in anticipation of receipts from federal grants for emer-
gency public works, see 1935, 213.

Sect. 15 amended, 1932, 180 § 8.

Chapter 50. — General Provisions relative to Primaries, Caucuses and

Elections.

Sect. 2 amended, 1932, 141 § 1.

Chapter 51. — Voters.

Sect. 1, paragraph added at end, 1932, 206.

Sect. 2 amended, 1933, 254 § 3. (See 1933, 254 § 66.)

Sect. 3 amended, 1933, 254 § 4. (See 1933, 254 § 66.)

Sect. 4 amended, 1933, 254 § 5; first paragraph revised, 1935,

345 § 1. (See 1933, 254 §§ 65, 66.)
Sect. 7 amended, 1933, 254 § 6; revised, 1935, 345 § 2. (See 1933,

254 §§ 65, 66.)

Sect. 8 amended, 1933, 254 § 7. (See 1933, 254 § 66.)
Sect. 9 amended, 1933, 254 § 8. (See 1933, 254 § 66.)
Sect. 14B added, 1933, 254 § 9 (amending special acts relative to

the listing of voters in certain municipalities so as to conform to the

change in taxing date from April 1 to January 1.) (See 1933, 254

§§ 65, 66.)
Sect. 26 amended, 1932, 48 § 1; 1935, 37 § 1.
Sect. 27 revised, 1932, 48 § 2; amended, 1935, 37 § 2.
Sect. 32 amended, 1933, 254 § 10. (See 1933, 254 § 66.)
Sect. 34 amended, 1933, 254 § 11. (See 1933, 254 § 66.)
Sect. 36 amended, 1933, 254 § 12. (See 1933, 254 § 66.)
Sect. 37 amended, 1933, 254 § 13. (See 1933, 254 § 66.)
Sect. 43 amended, 1933, 254 § 14. (See 1933, 254 § 66.)
Sect. 55 amended, 1933, 254 § 15. (See 1933, 254 § 66.)

Chapter 52. — Political Committees.

Sect. 1 amended, 1932, 310 § 1; revised, 1934, 288 § 1. (See 1934,
288 § 5.)

Sect. 2 amended, 1932, 310 § 2; revised, 1934, 288 § 2. (See 1934,
288 § 5.)

Sect. 4 amended, 1934, 288 § 3. (See 1934, 288 § 5.)

Sect. 7 amended, 1934, 118; first paragraph stricken out, 1934, 288
§ 4. (See 1934, 288 § 5.)

Sect. 9 amended, 1932, 310 § 3.

Chapter 53. — Nominations, Questions to be submitted to the Voters,
Primaries and Caucuses.

Sect. 2 amended, 1932, 310 § 4; last sentence revised, 1934, 32 § 1.
Sect. 7 amended, 1933, 254 § 16. (See 1933, 254 § 66.)
Sect. 8, first paragraph amended, 1932, 135 § 4; section amended,
1933, 35 § 1.

772 Changes in the [Chap. 54.

Sect. 10, first paragraph amended, 1934, 111; second paragraph
revised, 1933, 313 § 2.

Sect. 11, sentence added at end, 1933, 313 § 3.

Sect. 12A added, 1933, 305 (to prevent certain fraudulent nomina-
tions).

Sect. 13, sentence added at end, 1933, 313 § 4.

Sect. 18 revised, 1934, 282.

Sect. 22A amended, 1932, 80.

Sect. 28 amended, 1932, 310 § 5; revised, 1933, 313 § 5; amended,

1934, 32 § 2; affected (during 1934), 1934, 89.
Sect. 32 amended, 1932, 310 § 6.

Sect. 34 revised, 1932, 310 § 7.

Sect. 35 amended, 1932, 310 § 8.

Sect. 40 revised, 1932, 30.

Sect. 41 revised, 1932, 310 § 9.

Sect. 42 amended, 1932, 310 § 10.

Sect. 43 amended, 1932, 310 § 11.

Sect. 44 revised, 1932, 310 § 12; amended, 1935, 38.

Sect. 45 amended, 1932, 310 § 13.

Sect. 47 amended, 1932, 310 § 14.

Sect. 48 amended, 1932, 310 § 15. (Temporarily affected, 1934,
165.)

Sect. 49 revised, 1932, 310 § 16.

Sect. 51 amended, 1932, 310 § 17.

Sect. 52 amended, 1932, 310 § 18.

Sect. 53 revised, 1932, 310 § 19.

Sect. 53A amended, 1932, 310 § 20.

Sect. 54 revised, 1932, 310 § 21; two sentences added, 1935, 482 § 1.

Sects. 54A and 54B added, 1932, 310 § 22 (relative to proceedings
at pre-primary conventions, to the form of certificates of nomination
of candidates thereat, and to the acceptance of such nominations).

Sects. 65-70 (and caption) repealed, 1932, 310 § 23.

Sect. 72 A added, 1933, 313 § 6 (relative to caucuses before regular
city elections in cities having absent voting).

Sect. 112 amended, 1935, 59 § 2.

Sect. 117 amended, 1932, 141 § 2.

Sect. 121 added, 1932, 141 § 3 (authorizing the nomination by
caucuses other than those of political or municipal parties of two
candidates for each town office).

Chapter 54. — Elections.

Sect. 4 revised, 1935, 482 § 2.
Sect. 11 amended, 1932, 76 § 1; 1934, 158 § 1.
Sect. IIA added, 1932, 76 § 2 (dispensing with the appointment of
deputy election officers in certain cities).
Sect. 12 amended, 1934, 158 § 2.
Sect. 13 amended, 1934, 158 § 3.
Sect. 19 amended, 1934, 158 § 4.
Sect. 21 amended, 1934, 158 § 5.
Sect. 33, last sentence stricken out, and paragraph inserted at end,

1935, 238 § 1.

Sect. 41, third paragraph amended, 1933, 35 § 2.

Chaps. 56-58A.] GENERAL LawS. 773

Sect. 42 amended, 1932, 135 § 5; first paragraph amended, 1935,
238 § 2.

Sect. 43 revised, 1932, 135 § 1.

Sect. 62 amended, 1935, 257 § 5. (See 1935, 257 § 12.)

Sect. 64, last paragraph amended, 1934, 39 § 5.

Sect. 65 revised, 1933, 289 § 1.

Sect. 78 revised, 1932, 135 § 2.

Sect. 103A added, 1933, 313 § 1 (providing for absent voting at
regular city elections).

Sect. 104 amended, 1934, 39 § 6.

Sect. 112 amended, 1935, 257 § 6. (See 1935, 257 § 12.)

Sect. 122 amended, 1935, 257 § 7. (See 1935, 257 § 12.)

Sect. 132 amended, 1932, 33.

Sect. 135, first paragraph amended, 1933, 254 § 17; section revised,
1933, 270; first paragraph revised, 1935, 59 § 1. (See 1933, 254 § 66.)

Sect. 137 amended, 1935, 55.

Sect. 144 revised, 1935, 257 § 8. (See 1935, 257 § 12.)

Sect. 146 amended, 1935, 257 § 9. (See 1935, 257 § 12.)

Sect. 151 amended, 1932, 135 § 3.

Sect. 158 amended, 1935, 257 § 10. (See 1935, 257 § 12.)

Sect. 161 (except last paragraph) amended, 1934, 265.

Chapter 56. — Violations of Election Laws.

Sect. 39 revised, 1933, 289 § 2.

Chapter 58. — General Provisions relative to Taxation.

For legislation relative to the collection of certain taxes and other

charges due the commonwealth, see 1935, 498 §§ 2, 3, 4.
Sect. 1, fifth sentence amended, 1932, 180 § 9.
Sect. 2 amended, 1933, 254 § 18. (See 1933, 254 § 66.)
Sect. 3 amended, 1933, 254 § 19. (See 1933, 254 § 66.)
Sect. 8 revised, 1935, 322 § 1.

Sect. 10 amended, 1934, 323 § 9. (See 1934, 323 § 11.)
Sect. 13 amended, 1933, 254 § 20. (See 1933, 254 § 66.)
Sect. 15 amended, 1933, 254 § 21. (See 1933, 254 § 66.)
Sect. 18 revised, 1933, 350 § 7; amended 1935, 438 § 2; affected,

1933, 357 § 4. (See 1933, 307 § 11; 350 § 9.)
Sect. 21 amended, 1933, 254 § 22; repealed, 1934, 323 § 1. (See

1933, 254 § 66; 1934, 323 § 11.)

Sects. 22 and 23 repealed, 1934, 323 § 1. (See 1934, 323 § 11.)

Sect. 24 amended, 1933, 254 § 23. (See 1933, 254 § 66.)

Sect. 24A revised, 1934, 323 § 2. (See 1934, 323 § 11.)

Sect. 25 revised, 1934, 323 § 3. (See 1934, 323 § 11.)

Sect. 25A revised, 1934, 323 § 4. (See 1934, 323 § 11.)

Sect. 26 amended, 1933, 254 § 24; repealed, 1934, 323 § 1. (See

1933, 254 § 66; 1934, 323 § 11.)

Chapter 58A. — Board of Tax Appeals.

For legislation temporarily increasing the membership of the board
of tax appeals, see 1933, 321 § 1.

Sect. 6 amended 1932, 180 § 10; revised, 1933, 167 § 4; one word
stricken out, 1934, 323 § 10. (See 1933, 167 § 5; 1934, 323 § 11.)

774 Changes in the [Chap. 59.

* Sect. 7 revised 1933, 321 § 2. (See 1933, 321 § 9.)
Sect. 7A added, 1933, 321 § 3 (providing for the establishment of

informal procedure before the board of tax appeals) : revised, 1935,

447. (See 1933, 321 §§ 8, 9.)

Sect. 8 revised, 1933, 321 § 4. (See 1933, 321 § 9.)

Sect. 8A added, 1935, 276 § 1 (providing for adequate discovery in

tax appeal cases).

Sect. 10 revised, 1933, 321 § 5. (See 1933, 321 § 9.)

Sect. 12 amended, 1933, 321 § 6. (See 1933, 321 § 9.)

Sect. 13 revised, 1933, 321 § 7; one sentence revised, 1933, 350 § 8;

same sentence amended, 1935, 218 § 1. (See 1933, 321 § 9; 350 § 9.)

Chapter 59. — Assessment of Local Taxes.

For temporary provisions relative to old age assistance taxes and

state reimbursement of cities and towns for old age assistance given

by them, see 1932, 259 §§ 1, 2. (For prior legislation, see 1931, 398.)

For legislation relative to the collection of certain taxes and other

charges due the commonwealth, see 1935, 498 §§ 2, 3, 4.

As to Boston taxes, see 1932, 125; 1933,159; 1934,201; 1935,284.
Sect. 5, clause Third, subsection (c) amended, 1933, 198 § 1. (See
1933, 198 § 2); clause Seventeenth revised, 1935,294; clause Twenty-
third amended, 1932, 114 § 4.

Sect. 6 amended, 1933, 254 § 25. (See 1933, 254 § 66.)
Sects. 6 and 7. See 1934, 307.

Sect. 8 amended, 1933, 80; 254 § 26; paragraph added at end,
1935, 119 § 1. ^See 1933, 254 § 66; 1935, 119 § 2.)
Sect. 9 amended, 1933, 254 § 27. (See 1933, 254 § 66.)
Sect. 10 amended, 1933, 254 § 28. (See 1933, 254 § 66.)
Sect. 11 amended, 1933, 254 § 29. (See 1933, 254 § 66.)
Sect. 18, opening paragraph and paragraphs First and Second
amended, 1933, 254 § 30. (See 1933, 254 § 66.)

Sect. 19 amended, 1933, 254 § 31. (See 1933, 254 § 66.)
Sect. 20 revised, 1933, 254 § 32. (See 1933, 254 § 66.)
Sect. 21 revised, 1933, 254 § 33. (See 1933, 254 § 66.)
Sect. 29, last three sentences revised, 1933, 254 § 34. (See 1933,
254 § 66.)

^ Sect. 33 amended, 1933, 254 § 35. (See 1933, 254 § 66.)
i Sect. 39 amended, 1933, 254 § 36. (See 1933, 254 § 66.)
* Sect. 41 amended, 1933, 254 § 37. (See 1933, 254 § 66.)
P Sect. 45 amended, 1933, 254 § 38; form appended to section
amended, 1933, 254 § 39. (See 1933, 254 § 66.)

Sect. 47 amended, 1933, 254 § 40. (See 1933, 254 § 66.)
Sect. 49 amended, 1933, 254 § 41. (See 1933, 254 § 66.)
Sect. 57 amended, 1933, 151 § 1; revised, 1933, 254 § 42; 1935,
158 § 1. (See 1933, 151 § 2; 254 § 66; 1935, 158 § 2.)

Sect. 59, sentence added at end, 1933, 165 § 1; section revised, 1933,
254 § 43; 266 § 1; 1934, 136 § 2; amended, 1935, 187 § 1. (See 1933,
254 § 66; 266 § 2; 1934, 136 § 3; 1935, 187 § 2.)
Sect. 61, last sentence revised, 1933, 165 § 2.

Sect. 61A added, 1935, 276 § 2 (providing for adequate discovery
in proceedings for tax abatement).

Sect. 64, first paragraph amended, 1933, 130 § 1 ; second paragraph
amended, 1935, 218 § 2.

Chap. 60.] GENERAL LaWS. 775

Sect. 65 amended, 1933, 130 § 2; 167 § 1.

Sect. 65A added, 1932, 218 § 1 (providing that the sale or taking of
real property for payment of unpaid taxes thereon shall not prejudice
proceedings for the abatement of such taxes) ; revised, 1933, 325 § 18.
(See 1932, 218 § 2; 1933, 325 § 19.)
Sect. 69 amended, 1935, 218 § 3.

Sect. 73 amended, 1933, 254 § 44. (See 1933, 254 § 66.)
Sect. 74 amended, 1933, 254 § 45. (See 1933, 254 § 66.)
Sect. 75 amended, 1934, 104.

Sect. 83 amended, 1933, 254 § 46. (See 1933, 254 § 66.)
Sect. 84 amended, 1933, 254 § 47. (See 1933, 254 § 66.)
Sect. 85 amended, 1933, 254 § 48. (See 1933, 254 § 66.)
Sect. 86 amended, 1933, 254 § 49. (See 1933, 254 § 66.)

Chapter 60. — Collection of Local Taxes.

Temporary acts providing for advance payments on account of
taxes (for 1932, 1933 and 1934) in certain cities and towns, 1932, 94;

1933, 99.

Sect. 1, third paragraph revised, 1933, 164 § 1.
Sect. 3 revised, 1933, 254 § 50. (See 1933, 254 § 66.)
Sect. 3A added, 1934, 136 § 1 (requiring that certain information
relative to abatement or exemptions be included in tax bills). (See

1934, 136 § 3.)

Sect. 3B added, 1935, 322 § 2 (relative to the suspension of payment
of certain assessments payable by certain persons entitled to exemp-
tion from local taxes.)

Sect. 5 revised, 1933, 168 § 2.

Sect. 15, first paragraph amended, 1934, 151 § 2; 1935, 252 § 1.

Sect. 15A added, 1935, 252 § 2 (further regulating charges and fees
for the collection of poll taxes).

Sect. 16 revised, 1933, 168 § 1; amended, 1933, 254 § 51. (See

1933, 168 § 4; 254 § 66.)

Sect. 18 repealed, 1932, 54 § 1.

Sect. 22 revised, 1933, 254 § 52; affected, 1933, 308. (See 1933,
254 § 66.)

Sect. 23 revised 1932 197 5 1.

Sect! 37 amended, 1933, 254 §53; 325 § 1; 1934, 131 § 2; revised,

1934, 169; amended, 1935, 269. (See 1933, 254 § 66: 1934, 131 § 3.)
Sect. 38 amended, 1933, 254 § 54; 325 § 2. (See 1933, 254 § 66;

325 § 21.)

Sect. 39 amended, 1933, 325 § 3.

Sect. 42 revised, 1933, 164 § 2.

Sect. 43, last sentence revised, 1932, 54 § 2; section amended, 1935,
183 236

Sect. *45 amended, 1933, 325 § 4.

Sect. 46, paragraph added at end, 1934, 131 § 1.

Sect. 48 amended, 1933, 325 § 5. (See 1933, 325 § 20.)

Sect. 50 revised, 1933, 325 § 6; amended, 1935, 414 § 1. (See 1935,
414 § 4.)

Sect. 50A added, 1934, 154 § 2 (providing for protection of interests
in real estate held under tax title or taking).

Sect. 51 amended, 1933, 254 § 55. (See 1933, 254 § 66.)

776 Changes in the [Chaps. 61, 62.

Sect. 53 revised, 1933, 164 § 3. (See 1933, 325 § 20.)

Sect. 54 amended, 1933, 325 § 7.

Sect. 55 amended, 1933, 325 § 8.

Sect 58 revised 1932 2.

Sect.' 59 amended, 1933, 254 § 56. (See 1933, 254 § 66.)

Sect. 61 revised, 1933, 325 § 9; amended, 1934, 48. (See 1933, 325
§20.)

Sect. 62 revised, 1933, 325 § 10; j&rst paragraph amended, 1934,
218; same paragraph revised, 1935, 414 § 2; second paragraph re-
vised, 1935, 278. (See 1935, 414 § 4.)

Sect. 63 amended, 1933, 325 § 11.

Sect. 65 amended, 1933, 325 § 12.

Sect. 66 amended, 1935, 224 § 1. (See 1935, 224 § 6.)

Sect. 67 amended, 1935, 224 § 2. (See 1935, 224 § 6.)

Sect. 68 amended, 1935, 224 § 3; paragraph added at end, 1935,
354 § 1; section amended, 1935, 414 § 3. (See 1935, 224 § 6; 354 § 3;
414 § 4.)

Sect. 69 amended, 1935, 224 § 4. (See 1935, 224 § 6.)

Sect. 70 amended, 1935, 224 § 5. (See 1935, 224 § 6.)

Sect. 76 revised, 1935, 318 § 1. (See 1935, 318 §§ 2, 8.)

Sect. 76A added, 1935, 354 § 2 (providing for redemption in part
from tax sales in certain cases). (See 1935, 354 § 3.)

Sect. 78 amended, 1933, 325 § 13. (See 1933, 325 § 20.)

Sect. 79, second paragraph amended, 1933, 325 § 14; 1935, 173 § 1.

Sect. 80 amended, 1933, 325 § 15; revised, 1935, 173 § 2.

Sect. 84 revised, 1935, 260.

Sect. 84A revised, 1933, 325 § 16; 1935, 181 § 1. (See 1935, 181 § 2.)

Sect. 92 revised, 1933, 82 § 1; amended, 1934, 259 § 1.

Sect. 95 revised, 1933, 325 § 17; amended, 1934, 315 § 2; revised,
1935, 248 § 3. (See 1934, 315 § 3.)

Sect. 97 revised, 1934, 151 § 1.

Sect. 105 revised, 1933, 168 § 3.

Form 2 in schedule at end of chapter repealed, 1932, 54 § 1; schedule
of forms at end of chapter stricken out, 1933, 168 § 3.

Chapter 61. — Taxation of Forest Products and Classification and Taxation

of Forest Lands.

Sect. 3 amended, 1933, 254 § 57. (See 1933, 254 § 66.)

Chapter 62. — Taxation of Incomes.

For temporary legislation, discontinuing the income tax exemption
as to dividends of certain corporations, see 1933, 307, 357; 1935, 489.

For legislation, providing for a temporary additional tax upon per-
sonal incomes, see 1935, 480.

Sect. 1, subsection (c), paragraph Third added, 1935, 489 § 6; sub-
section (e) amended, 1935, 489 § 7,

Sect. 5, paragraph (6) amended, 1935, 489 § 8; paragraph (c) re-
vised, 1934, 363 § 1; 1935, 481 § 1. (See 1934, 363 § 2; 1935, 481 § 2.)

Sect. 6, clause (g) revised, 1935, 436 § 1. (See 1935, 436 § 2.)

Sects. 7A and 7B added, 1935, 438 § 1 (relative to income taxation
of gains from certain transactions in real property).

Sect. 18. See Sect. 18 of Chapter 58 in this Table.

Chap. 63.] GENERAL LaWS. 777

Sect. 25A added, 1935, 438 § 3 (relative to returns of taxable gains
from certain transactions in real property).
Sect. 30 amended, 1935, 152.
Sect. 33, paragraph added, 1932, 186.
Sect. 36 amended, 1933, 167 § 2.
Sect. 37 revised, 1933, 350 § 1. (See 1933, 350 § 9.)
Sect. 37A added, 1933, 350 § 2 (providing for the payment of in-
come taxes in two installments). (See 1933, 350 § 9.)

Sect. 39, first sentence revised, 1933, 350 § 3. (See 1933, 350 § 9.)
Sect. 41 revised, 1932, 152; 1933, 350 § 4. (See 1933, 350 § 9.)
Sect. 43 amended, 1933, 350 § 5. (See 1933, 350 § 9.)
Sect. 46 revised, 1933, 350 § 6. (See 1933, 350 § 9.)

Chapter 63. — Taxation of Corporations.

Sect. 1, paragraph defining "Net income" revised, 1933, 327 § 1.
(See 1933, 327 § 7.)

Sect. 2 amended, 1933, 327 § 2. (See 1933, 327 § 7.)

Sect. 3 amended, 1933, 254 § 58; 1934, 323 § 5. (See 1933, 254 § 66;
1934, 323 § 11.)

Sect. 5 amended, 1933, 254 § 59; repealed, 1934, 323 § 1. (See
1933, 254 § 66; 1934, 323 § 11.)

Sect. 6 repealed, 1934, 323 § 1. (See 1934, 323 § 11.)

Sect. 12, paragraph (h) added at end, 1934, 362.

Sects. 30-51. See 1934, 317 § 2.

Sects. 30-60. For legislation, providing for a temporary additional
tax levied under these sections, see 1935, 480.

Sect. 30 paragraph contained in lines 48-51 amended, 1933, 58 § 3;
paragraph contained in lines 70-74 amended, 1933, 58 § 4; paragraph
5 revised, 1933, 327 § 3; paragraphs contained in lines 52-69, and
paragraph amended by 1933, 58 § 4, revised, 1934, 237 § 1. (See 1933
58 § 5; 327 § 7; 1934, 237 § 2.)

Sect. 32 revised, 1933, 342 § 1. (See 1933, 342 § 6.)

Sect. 32A amended, 1933, 342 § 2. (See 1933, 342 § 6.)

Sect. 33 revised, 1933, 303 § 1. (See 1933, 303 § 3.)

Sect. 34 amended, 1933, 327 § 4. (See 1933, 327 § 7.)

Sect. 35 revised, 1933, 58 § 1.

Sect. 36 revised, 1933, 327 § 5; amended, 1935, 473 § 2. (See 1933,
327 § 7; 1935, 473 § 7.)

Sect. 38, paragraph 10 added at end, 1933, 342 § 3. (See 1933,
342 § 6.)

Sect. 38B, last paragraph amended, 1935, 473 § 3. (For temporary
legislation affecting the taxation, during 1934, 1935 and 1936, of cor-
porations subject to this section, see 1934, 317 § 1. See 1935, 473 § 7;
489 § 4.)

Sect. 39, last paragraph amended, 1933, 327 § 6; new paragraph
added at end, 1933, 342 § 4. (See 1933, 327 § 7; 342 § 6.)

Sect. 39 A revised, 1933, 303 § 2, first paragraph amended, 1934,
134. (See 1933, 303 § 3.)

Sect. 40 revised, 1933, 58 § 2.

Sect. 42, last sentence amended, 1932, 180 § 11; section revised,
1933, 342 § 5. (See 1933, 342 § 6.)

Sect. 43. See 1933, 307 § 9A, 357; 1935, 489.

778 Changes in the [Chaps. 64A-71.

Sect. 44 amended, 1935, 473 § 4. (See 1935, 473 § 7.)

Sect. 45 amended, 1933, 195 § 1; revised, 1935, 473 § 5. (See 1933,

195 § 2; 1935, 473 § 7.)
Sect. 48 revised, 1935, 473 § 1. (See 1935, 473 § 7.)
Sect. 53, first paragraph amended, 1933, 254 § 60; clause Fourth

revised, 1934, 323 § 6. (See 1933, 254 § 66; 1934, 323 § 11.)

Sect. 54, paragraph in Unes 9-17 amended, 1933, 254 § 61; same

paragraph revised, 1934, 323 § 7; last paragraph amended, 1934, 323

§ 7A. (See 1933, 254 § 66; 1934, 323 § 11.)
Sect. 56A revised, 1934, 317 § 3. (See 1934, 317 § 4.)
Sect. 59 amended, 1934, 323 § 8. (See 1934, 323 § 11.)
Sect. 70 revised, 1935, 473 § 6. (See 1935, 473 § 7.)
Sect. 71 amended, 1933, 167 § 3.
Sect. 71A amended, 1935, 150.

Chapter 64A. — Taxation of Sales of Gasoline and Certain Other Motor

Vehicle Fuel.

Chapter affected, 1932, 248; 1935, 336.

Chapter~65. — Taxation of Legacies and Successions.

For legislation, providing for a temporary additional tax upon suc-
cessions and legacies, see 1935, 480.

Sect. 1, table revised, 1933, 293.

Sects. 24A-24F added, 1933, 319 (providing reciprocal relations in
respect to death taxes upon estates of non-resident decedents).

Chapter 65A. — Taxation of Transfers of Certain Estates.

Sect. 1, paragraph added at end, 1932, 284; second paragraph re-
vised, 1933, 316 § 1. (See 1933, 316 § 2.)

Chapter 68. — Donations and Conveyances for Pious and Charitable Uses.

Sect. 10, sentence added at end, 1934, 238.

Chapter 69. — Powers and Duties of the Department of Education.

Sect. 6 amended, 1932, 127 § 3.
Sect. 7 amended, 1935, 275.
Sect. 8 amended, 1932, 127 § 4.
I Sect. 25 revised, 1935, 397.

Sect. 26, paragraph added at end, 1935, 286.

Chapter 70. — School Funds and Other State Aid for Public Schools.

Sect. 2 amended, 1932, 127 § 5.

Sect. 4, last paragraph amended, 1934, 143.

Sect. 6 amended, 1932, 127 § 6.

Sect. 18 amended, 1932, 127 § 7.

Chapter 71. — Public Schools.

Sect. 30A added, 1935, 370 § 1 (requiring that an oath or affirma-
tion be taken and subscribed to by certain professors, instructors and
teachers in the colleges, universities and schools of the commonwealth).
(See 1935, 370 §§ 2, 2A, 3.)

Chaps. 73-80.] GENERAL LawS. 779

Sect. 42 revised, 1934, 123.

Sect. 46A amended, 1932, 159.

Sect. 47 revised, 1935, 199.

Sect. 48A amended, 1935, 47.

Sect. 52 amended, 1932, 90.

Sect. 58 amended, 1932, 127 § 8; revised, 1935, 287.

Sect. 68 revised, 1934, 97 § 1. (See 1934, 97 § 2.)

Sect. 69 revised, 1935, 258.

Sect. 71 amended, 1935, 193.

Chapter j73. — State Teachers Colleges (former title, State Normal Schools).

Title changed, 1932, 127 § 9.
Sect. 1 amended, 1932, 127 § 10.
Sect. 2 amended, 1932, 127 § 11.
Sect. 3 amended, 1932, 127 § 12.
Sect. 4 amended, 1932, 127 § 13.
Sect. 4A amended, 1932, 127 § 14.

Sect. 5 amended, 1932, 127 § 15. (Temporarily affected, 1933, 233;
1934, 130; 1935, 277.)
Sect. 6 amended, 1932, 127 § 16.
Sect. 7 amended, 1932, 127 § 17; revised, 1935, 21.

Chapter 74. — Vocational Education.

Sect. 11 amended, 1933, 102 § 2. (See 1933, 102 § 4.)

Sect. 23 repealed, 1933, 102 § 3. (See 1933, 102 § 4.)

Sect. 31 A added, 1934, 65 (authorizing the trustees of the Essex

county agricultural school to pay transportation costs of certain pupils

attending said school).

Sect. 47E, new paragraph added at end, 1935, 22.

Chapter 75. — Massachusetts State College.

Sect. 5 revised, 1935, 288.

Sect. 6 amended, 1935, 462 § 2. (See 1935, 462 § 1.)

Chapter 77. — School Offenders and County Training Schools.

For legislation requiring the closing of the Norfolk, Bristol and
Plymouth union training school, see 1933, 295 § 2.
Sect. 1 revised, 1933, 295 § 1.

Chapter 78. — Libraries.

Sect. 4 revised, 1935, 202.

Chapter 79. — Eminent Domain.

Sect. 44A added, 1935, 189 (relative to certain tax liens upon real
estate taken by right of eminent domain).

Chapter 80. — Betterments.

Sect. 1 amended, 1933, 254 § 62. (See 1933, 254 § 66.)
Sect. 4 revised, 1933, 63 § 1.

Sect. 5 amended, 1933, 157 § 2. (See 1933, 157 § 3.)
Sect. 10 revised, 1933, 147.

780 Changes in the [Chaps. 81-90.

Sect, lOA added, 1933, 157 § 1 (providing that failure of a board
of oflScers to take action upon a petition for abatement of a better-
ment assessment shall, for the purposes of appeal, be equivalent to
refusal to abate the assessment). (See 1933, 157 § 3.)

Sect. 13 amended, 1933, 63 § 2; 254 § 63; revised, 1934, 315 § 1.
(See 1933, 254 § 66; 1934, 315 § 3.)

Chapter 81. — State Highways.

Sect. 19, last four sentences stricken out, 1933, 187 § 1. (See 1933,
187 § 2.)
Sect. 26 amended, 1934, 366.

Chapter 82. — The Laying Out, Alteration, Relocation and Discontinuance
of Public Ways, and Specific Repairs Thereon.

Sect. 7 amended, 1933, 283 § 2.

Sect. 32B added, 1933, 283 § 3 (authorizing the taking of easements
of slope, so called, by county, city or town officers in connection with
the laying out, widening, altering or relocating of public ways).

Sect. 34 amended, 1935, 309.

Chapter 84. — Repair of Ways and Bridges.

Sect. 18 revised, 1933, 114 § 1.

Sect. 19 amended, 1933, 114 § 2.

Sect. 20 revised, 1933, 114 § 3.

Sect. 25. Temporarily affected, 1934, 163.

Chapter 85. — Regulations and By-Laws relative to Ways and Bridges.

Sect. 17B added, 1933, 43 (prohibiting riding upon the rear or on
the side of street railway cars or motor buses without the consent of
the persons in charge thereof).

Sect. 30 amended, 1935, 30.

Chapter 89. — Law of the Road.

Sect. 2 revised, 1933, 301.

Sect. 7B added, 1934, 382 (relative to the application of traffic laws
and regulations to fire apparatus and other emergency vehicles).

Chapter 90. — Motor Vehicles and Aircraft.

Sect. 1, paragraph defining "motor vehicles" amended, 1932, 182;
paragraph in fines 41-45 (defining "register number") revised, 1935,
43; paragraph (defining "school bus") added, 1932, 271 § 1; two para-
graphs (defining "semi-trailer" and "semi-trailer unit") added, 1933,
332 § 1; paragraph in lines 52-56 stricken out, and two paragraphs
(defining "tractor ' and "trailer") inserted, 1933, 332 § 2. (See 1932,
271 § 7; 1933, 332 § 5.)

Sect. 1A amended, 1933, 372 § 3; 1934, 264 § 2.

Sect. 2, fourth paragraph revised, 1932, 5; last paragraph revised,
1933, 54.

Sect. 3, first sentence revised, 1933, 188.

Sect. 7 amended, 1932, 123 § 1; 1933, 51; second sentence amended,
1933, 109. (See 1932, 123 § 2.)

Sect. 7A revised, 1932, 41, 271 § 2. (See 1932, 271 § 7.)

Chap. 90.] GENERAL LaWS. 781

Sect. 7B added, 1932, 271 § 3 (prerequisites to operation of school
bus). (See 1932, 271 § 7.)

Sect. 8 amended, 1934, 103.

Sect. 9 amended, 1934, 361.

Sect. 9A revised, 1932, 168 § 1; 1935, 393 § 1. (See 1932, 168
§§2,3; 1935,393 §2.)

Sect. 10 amended, 1935, 219.

Sect. 15 amended, 1932, 271 § 5; 1933, 26 § 1. (See 1932, 271 § 7.)

Sect. 17, sentence added at end, 1932, 271 § 4. (See 1932, 271 § 7.)

Sect. 19, last sentence revised, 1933, 332 § 3; 1935, 223 § 1; section
revised, 1935, 326 (but see 1935, 465). (See 1933, 332 § 5: 1935,
223 § 2.)

Sect. 20A added, 1934, 368 § 1 (providing for the non-criminal dis-
position of charges for violation of motor vehicle parking rules, regula-
tions, orders, ordinances and by-laws) ; revised, 1935, 176. (See

1934, 368 § 2.)

Sect. 22, two paragraphs added at end, 1933, 191.

Sect. 22A added, 1932, 304 § 1 (requiring the suspension of licenses
to operate motor vehicles issued to persons who do not satisfy judg-
ments in motor vehicle accident cases involving property damage).
(See 1932, 304 § 2.)

Sect. 23, new paragraph added at end, 1933, 69.

Sect. 24 amended, 1932, 26 § 1; sentence contained in lines 65-97
amended, 1935, 360.

Sect. 29, last sentence amended, 1932, 26 § 2; section amended,

1935, 477 § 1.

Sect. 32B repealed, 1934, 209 § 2. (See 1934, 209 § 3.)

Sects. 32C-32F added, 1934, 209 § 1 (further regulating the business
of leasing motor vehicles upon a mileage basis). (See 1934, 209 § 3.)

Sect. 33, paragraph in Unes 21-41 amended, 1932, 180 § 12; same
paragraph stricken out, and two paragraphs inserted, 1933, 332 § 4;
two paragraphs so inserted stricken out, and new paragraph inserted,
1935, 409 § 1 ; first four paragraphs stricken out, and five new para-
graphs inserted, 1932, 249 § 1; fourth paragraph (as appearing in 1932,
249 § 1) amended, 1933, 183 § 1. (See 1932, 249 § 2; 1933, 183 § 2;
332 § 5; 1935, 409 § 2.)

Sect. 34, four words stricken out, 1933, 197 § 3; first paragraph
amended, 1934, 364 § 1. (See 1934, 364 § 3.)

Sect. 34A, new paragraph (defining "guest occupant") added, 1935,
459 § 1; paragraphs defining "motor vehicle liability bond" and
"motor vehicle liabiHty pohcy" revised, 1935, 459 § 2. (See 1935,
459 § 5.)

Sect. 34B, second paragraph revised, 1933, 83 § 1; 1935, 302; fourth
paragraph revised, 1933, 83 § 2. (See 1933, 83 § 3.)

Sect. 34C amended, 1932, 180 § 13.

Sect. 34D revised, 1935, 459 § 3. (See 1935, 459 § 5.)

Sect. 34H, first paragraph amended, 1933, 119 § 4; new paragraph
inserted, 1933, 119 § 5. (See 1933, 119 § 6.)

Sects. 35-60 stricken out, and new sections 35-50 (uniform aero-
nautical code) inserted, 1935, 418 § 2.

Sect. 53, last sentence amended, 1932, 180 § 14. [See notation
next above.!

782 Changes in the [Chaps. 91-94.

Chapter 91. — Waterways.

Sect. 46A added, 1935, 362 § 1 (penalizing the unlicensed breaking
up or altering of vessels, scows, lighters or certain other structures).
Sect. 49 revised, 1935, 362 § 2.

Chapter 92. — Metropolitan Sewers, Water and Parks.

For legislation including a certain portion of Lexington in the north
metropolitan sewerage system, see 1934, 225.

Sect. 48 amended, 1934, 266 § 1. (See 1934, 266 § 4.)

Sect. 56 revised, 1933, 197 § 1.

Sect. 57 amended, 1933, 197 § 2.

Sect. 93 amended, 1934, 266 § 2. (See 1934, 266 § 4.)

Sect. 94 amended, 1934, 266 § 3. (See 1934, 266 § 4.)

Chapter 94. — Inspection and Sale of Food, Drugs and Various Articles.

Sect. 1, paragraph in lines 128-132 (defining "pasteurized milk")
revised, 1932, 158; section amended in part, 1933, 67 §§ 1-5; para-
graph (defining "milk plant" and "manufactory") added, 1933,
338 § 1.

Sects. lOA-lOE stricken out, and new sections lOA-lOG (regu-
lating the manufacture, bottling and sale of certain non-alcoholic
beverages) inserted, 1935, 441.

Sects. 12-48A. For temporary legislation estabHshing within the
department of agriculture a milk control board, and defining its powers
and duties, see 1934, 376.

Sects. 13, 14, 14A and 15 stricken out, and new sections 13-13E
(relative to the grading of milk) inserted, 1933, 263 § 1. (See 1933,
263 § 3.)

Sect. 16 stricken out and sections 16-161 (regulating the produc-
tion, sale and distribution of milk) inserted, 1932, 305 § 3. (See 1932,
305 §§ 5, 6.)

Sect. 17A amended, 1933, 124.

Sect. 18 revised, 1933, 263 § 2. (See 1933, 263 § 3.)

Sect. 29A revised, 1933, 253.

Sect. 30 revised, 1933, 253.

Sect. 31 revised, 1933, 253.

Sect. 42A stricken out, and new sections 42A-42K (requiring dealers
in milk or cream to be Ucensed and bonded) inserted, 1933, 338 § 2.

Sect. 42A amended, 1935, 126.

Sect. 42F revised, 1934, 180 § 1.

Sect. 42H, paragraph 2 revised, 1934, 180 § 2.

Sect. 43 revised, 1932, 305 § 4; amended, 1935, 88. (See 1932,
305 §§ 5, 6.)

Sect. 45 revised, 1935, 317.

Sect. 48B added, 1935, 259 (requiring institutions supported wholly
or in part by funds of the commonwealth to use milk, other than
cream and certified milk, produced within the commonwealth.

Sect. 60 revised, 1934, 373 § 2.

Sects. 64, 64A, 65, 65A, 65B, 65E and 65F, and the caption of said
section 64, stricken out, and sections 65Cj-65S inserted, under caption

Chap. 94.] General Laws. 783

"frozen desserts and ice cream mix", 1934, 373 § 1. (See 1934, 373
§8.)

Sect. 74 revised, 1933, 329 § 5.

Sect. 74A added, 1933, 329 § 6 (definition of "fish").

Sects. 75 and 76 repealed, 1933, 329 § 7.

Sect. 77, first sentence stricken out, 1933, 329 § 8.

Sect. 77A added, 1934, 216 (regulating the importation of fresh
swordfish).

Sect. 78 revised, 1933, 329 § 9.

Sect. 78A added, 1933, 329 § 10 (prohibiting certain misrepresen-
tations in the sale of lobsters).

Sect. 79 repealed, 1933, 329 § 7.

Sect. 81 revised, 1933, 329 § 11.

Sect. 83 revised, 1933, 329 § 12.

Sect. 88A revised, 1933, 329 § 13.

Sect. 90A added, 1935, 369 (relative to the sale and distribution of
eggs).

Sect. 92B added, under caption "meats and poultry", 1935, 97
(requiring the retail sale of meats and poultry to be by weight).

Sect. 123 amended, 1932, 180 § 15.

Sect. 146, first paragraph amended, 1934, 340 § 6. (See 1934, 340
§18.)

Sect. 148, second paragraph amended, 1934, 340 § 6A. (See 1934,
340 § 18.)

Sects. 152A-152C added, 1934, 296 (relative to the sale and trans-
portation of poultry).

Sect. 152A amended, 1935, 157 § 1.

Sect. 152B revised, 1935, 157 § 2.

Sect. 153A added, 1933, 116 (relative to the sale of meat and meat
products containing certain preservatives); revised, 1933, 311.

Sect. 197, paragraph in lines 10-15 revised, 1935, 412 § 1.

Sect. 198 amended, 1935, 412 § 2.

Sects. 198A and 198B added, 1935, 412 § 3 (relative to the licensing
of certain dealings in narcotic drugs).

Sect. 201 amended, 1935, 412 § 4.

Sect. 203 amended, 1935, 412 § 5.

Sect. 206 amended, 1935, 412 § 6.

Sect. 211 amended, 1935, 412 § 7.

Sect. 214 amended, 1935, 412 § 8.

Sect. 215 amended, 1935, 412 § 9.

Sect. 217 amended, 1935, 412 § 10.

Sect. 245 revised, 1933, 94 § 2.

Sect. 248 amended, 1934, 184.

Sect. 249G added, under caption "material for road construc-
tion", 1933, 94 § 1 (authorizing certain ofl&cers to direct the weighing
of material for road construction).

Sect. 250 revised, 1933, 67 § 6.

Sect. 252 amended, 1933, 67 § 7.

Sect. 254 amended, 1933, 67 § 8.

Sect. 255 amended, 1933, 67 § 9.

Sect. 256 revised, 1933, 67 § 10.

Sect. 257 revised, 1933, 67 | 11,

784 Changes in the [Chaps. 98-108A.

Sect. 258 revised, 1933, 67 § 12.

Sects. 270A and 270B added, 1935, 439 (providing for the steriliza-
tion of feathers, down and second-hand material intended for use in
the manufacture of any article of bedding or of upholstered furniture).

Sect. 295A added, under heading "petroleum products", 1933,
228 (relative to prevention of fraud and misrepresentation in the sale
of gasoline, lubricating oils and other motor fuels, and to prevention
of the adulteration thereof).

Sect. 298 amended, 1934, 109 § 1.

Sect. 299 amended, 1934, 109 § 2.

Sects. 303A-303E added, under caption "methyl or wood
alcohol", 1934, 372 § 3 (relative to such alcohol and to certain prepa-
rations containing such alcohol).

Sect. 303A amended, 1935, 342.

Sect. 303F added, under caption "fuel oils", 1935, 95 (regulating
the sale of fuel oils) .

Chapter 98. — Weights and Measures.

Sect. 20 amended, 1934, 373 § 3.
Sect. 21 amended, 1934, 373 § 4.
Sect. 30 repealed, 1935, 60 § 2.
Sect. 32 amended, 1935, 60 § 3.

Sect. 56, paragraph (63^) added, 1934, 98 (estabhshing fees for seal-
ing certain liquid-measuring meters).

Chapter 100. — Auctioneers.

Sect. 5 amended, 1932, 156 § 1.
Sect. 14 revised, 1932, 156 § 2.
Sect. 16 revised, 1932, 156 § 3.

Chapter 101. — Transient Vendors, Hawkers and Pedlers.

Sect. 5 amended, 1933, 254 § 64. (See 1933, 254 § 66.)
Sect. 16 revised, 1935, 42.
Sect. 19 amended, 1934, 114.
Sect. 30 amended, 1934, 77.

Chapter 102. — Shipping and Seamen, Harbors and Harbor Masters.

Sect. 15 revised, 1932, 232 § 1.

Sect. 15A added, 1932, 232 § 2 (penalty for improper operation of
motor and other boats).
Sect. 17 revised, 1932, 57.

Chapter 105. — Public Warehouses.

Sect. 1 amended, 1935, 310 § 1.

Sects. 2A and 2B added, 1935, 122 § 1 (relative to the termination
of liability of sureties on bonds furnished by public warehousemen).
(See 1935, 122 § 3.)

Sect. 6 revised, 1935, 122 § 2. (See 1935, 122 § 3.)

Sect. 9, clause (h) revised, 1935, 310 § 2.

Chapter 108A. — Partnerships.

Sect. 34, first paragraph amended, 1932, 180 § 16.

Chaps. 110-112.] GENERAL LawS. 785

Chapter 110. — Labels, Trade Marks, Names and Registration Thereof.

Sect. 21 amended, 1934, 373 § 5.

Chapter 110 A. — Promotion and Sale of Securities.

Chapter repealed and superseded by 1932, 290 § 1. (See 1932, 290
§§ 3, 4.)

Chapter 111. —Public Health.

Sect. 11 revised, 1934, 328 § 1.

Sect. 15 amended, 1934, 340 § 7. (See 1934, 340 § 18.)

Sect. 16 amended, 1934, 340 § 8. (See 1934, 340 § 18.)

Sect. 27A revised, 1932, 209.

Sect. 66 amended, 1934, 219.

Sects. 78-90 affected (as to district of Chelsea, Revere and
Winthrop), 1934, 78.

Sect. 78. See 1935, 52.

Sect. 83A added, 1933, 318 § 6 (relative to the indemnification or
protection of officers and employees of tuberculosis hospital districts
in connection with actions for personal injuries arising out of the
operation of vehicles owned by such districts); amended, 1934, 291
§ 5. (See 1933, 318 § 9; 1934, 291 § 6.)

Sect. 85A revised, 1932, 65.

Sect. 110, second sentence amended, 1932, 180 § 17.

Sect. 117 revised, 1935, 155.

Sect. 118 amended, 1933, 44.

Sect. 143 revised, 1933, 269 § 2.

Sect. 154 amended, 1934, 340 § 9. (See 1934, 340 § 18.)

Chapter 112. — Registration of Certain Professions and Occupations.

Sect. 2, second sentence revised, 1933, 171 § 1. (See 1933, 171 § 2.)

Sect. 9 revised, 1933, 152.

Sect. 24 amended, 1932, 227; 1933, 126.

Sect. 27 revised, 1934, 328 § 2.

Sect. 32 amended, 1934, 328 § 3.

Sect. 34 amended, 1934, 328 § 4.

Sect. 35 amended, 1934, 328 § 5; 1935, 306.

Sect. 36 revised, 1934, 328 § 6.

Sect. 38 revised, 1934, 236.

Sect. 40 amended, 1934, 328 § 6A.

Sect. 45, second sentence amended, 1932, 180 § 18.

Sect. 46, clause Third amended, 1934, 108.

Sect. 50 amended, 1935, 344.

Sects. 52 A and 52B added, 1934, 281 (relative to methods and prac-
tices of dentists and dental hygienists).

Sects. 66-73 stricken out, and new sections 66-73 inserted, 1934,
339 § 2.

Sect. 87F, paragraph contained in lines 4-9 revised, 1934, 260 § 1.

Sect. 87H, four sentences added at end, 1934, 260 § 2.

Sect. 870 amended, 1933, 149 § 2. (See 1933, 149 § 3.)

Sect. 87P amended, 1934, 260 § 3.

Sects. 87T-87JJ added, under caption "registration of hair-

786 Changes in the [Chaps. 114-119.

dressers'", 1935, 428 § 2 (regulating the registration of hairdressers).
(See 1935, 428 §§ 6, 7.)

Chapter 114. — Cemeteries and Burials.

Sect. 25 amended, 1934, 85 § 1. (See 1934, 85 § 2.)

Chapter 115. — State and Military Aid, Soldiers* Relief, etc.

Sect. 2 A added, 1932, 113 (requiring the furnishing of information
to the commissioner of state aid and pensions by certain banks and
other depositories relative to certain deposits therein).

Sect. 12A added, 1933, 363 (making certain Massachusetts veterans
receiving hospital treatment outside the commonwealth eHgible to
receive military aid).

Sect. 15 amended, 1932, 106.

Sect. 17, paragraph added, 1932, 63.

Sect. 18, sentence added at end of first paragraph, 1933, 323; para-
graph added at end, 1932, 270.

Sect. 19 amended, 1932, 250; 1934, 336 § 1.

Sect. 20 amended, 1932, 251; 1934, 336 § 2.

Chapter 116. — Settlement.

Sect. 2 revised, 1933, 213.

Chapter 117. — Support by Cities and Towns.

Sect. 1 amended, 1934, 124.

Sect. 2A added, 1933, 181 (authorizing local boards of public wel-
fare to aid needy persons in the cultivation of vegetable gardens).
Sect. 18 amended, 1934, 45.
Sect. 24 revised, 1935, 164.
Sect. 35 amended, 1932, 180 § 19.

Chapter 118. — Aid to Mothers with Dependent Children.

Sect. 1 revised, 1935, 494 § 2. (See 1935, 494 § 1.)

Chapter 118A. — Adequate Assistance to Certain Aged Citizens.

For temporary provisions relative to old age assistance taxes and
state reimbursement of cities and towns for old age assistance given
by them, see 1932, 259 §§ 1, 2. (For prior legislation, see 1931, 398.)

Sect. 1 amended, 1933, 219; revised, 1933, 328; amended, 1935,
494 § 3. (See 1934, 374 § 3 subsection 15; 1935, 494 § 1.)

Sect. 2A added, 1933, 285 (providing for appeals by persons
aggrieved by failure of cities and towns to render old age assistance).

Sect. 3 revised, 1932, 259 § 3.

Chapter 119. — Protection and Care of Children, and Proceedings against

Them.

Sect. 12 revised, 1932, 180 § 20.
Sect. 63 revised, 1932, 95 § 1.
Sect. 65 amended, 1932, 95 § 2.
Sect. 74 amended, 1933, 196 § 1.
Sect. 75 amended, 1933, 196 § 2.

Chaps. 120-123.] GENERAL LaWS. 787

Chapter 120. — Massachusetts Training Schools.

Sect. 21, first sentence amended, 1932, 180 § 21.

Chapter 121. — Powers and Duties of the Department of Public Welfare,
and the Massachusetts Hospital School.

Sect. 8 A added, 1935, 311 § 2 (relative to funds received by the
director of the division of aid and reHef for the benefit of persons under
the care and supervision of the department).

Sect. 9A added, 1934, 167 (relative to the interstate transportation
of poor and indigent persons).

Sect. 23 (and caption) amended, 1933, 364 § 2; section amended,
1935, 449 § 2; revised, 1935, 475 § 3. (See 1933, 364 § 8.)

Sect. 24 amended, 1933, 364 § 3. (See 1933, 364 § 8.)

Sect. 24A added, 1935, 449 § 2A (authorizing the acceptance and
use by the state board of housing of grants of federal funds) .

Sect. 24B added, 1935, 485 § 1 (authorizing the state board of
housing to take land by eminent domain in order to aid or co-operate
with the United States with respect to federal housing projects).

Sect. 25 revised, 1933, 364 § 4. (See 1933, 364 § 8.)

Sect. 26 amended, 1933, 364 § 5; revised, 1935, 475 § 4. (See 1933,
364 § 8.)

Sects. 26A-26H added, 1933, 364 § 6 (relative to the powers and
duties of the state board of housing, and to limited dividend corpora-
tions under its control.) (See 1933, 364 § 8.)

Sect. 26H revised, 1935, 449 § 3.

Sects 26I-26BB, under caption "housing authorities", added,
1935, 449 § 5 (relative to the establishment, powers and duties, and
discontinuance, of local housing authorities).

Sect. 26Q, subsection (c) added, 1935, 485 § 2 (authorizing local
housing authorities to take land by eminent domain in order to aid or
co-operate with the United States with respect to federal housing
projects).

Sect. 27 repealed, 1933, 364 § 7.

Sect. 42 amended, 1932, 180 § 22.

Chapter 122. — State Infirmary.

Sect. 6 amended, 1933, 345.

Chapter 123. — Commitment and Care of the Insane and Other Mental

Defectives.

For legislation relative to the establishment of the Norfolk state
hospital for the care of the criminal insane, see 1935, 421.

Sect. 8A added, 1935, 301 (providing for co-operation between the
departments of mental diseases and public works relative to roads at
state hospitals).

Sect. 19 repealed, 1935, 163.

Sect. 25 amended, 1935, 314 § 3; 421 § 4. (See 1935, 421 § 6.)

Sect. 32 revised, 1933, 115.

Sect. 39B added, 1932, 204 (relative to the disposition of unclaimed
belongings at certain state hospitals, known as "patients' valuables").

Sect. 39C added, 1933, 256 (relative to the disposition of moneys

788 Changes in the [Chaps. 124-128.

represented by certain bank books belonging to former patients of
certain state hospitals).

Sect. 50 revised, 1935, 314 § 4.

Sect. 52 amended, 1932, 85.

Sect. 77, first sentence amended, 1935, 314 § 5.

Sect. 78, first sentence revised, 1935, 314 § 6.

Sect. 79, first sentence revised, 1935, 314 § 7.

Sect. 86 amended, 1935, 314 § 8.

Sect. 90, first sentence amended, 1932, 180 § 23.

Sect. 102 revised, 1934, 15.

Chapter 124. — Powers and Duties of the Department of Correction.

Sect. 8 amended, 1935, 48 § 1. (See 1935, 48 § 2.)

Chapter 125. — Penal and Reformatory Institutions of the Commonwealth.

Sect. 4 amended, 1932, 282 § 3.

Sect. 11 amended, 1935, 437 § 1. (See 1935, 437 § 8.)

Sect. 30 amended, 1932, 180 § 24.

Chapter 127. — Officers and Inmates of Penal and Reformatory Institutions,

Paroles and Pardons.

For legislation providing for the disposition of certain prisoners
confined in the prison camp and hospital prior to its discontinuance,
see 1935, 111.

Sect. 16, last sentence stricken out, 1933, 77 § 1.

Sect. 17 revised, 1933, 77 § 2.

Sect. 18 amended, 1933, 77 § 3.

Sect. 67A added, 1932, 252 § 1 (regulating the sale of prison made
goods). (See 1932, 252 § 2.)

Sect. 109B added, 1935, 113 § 1 (relative to the transfer of certain
prisoners from the Massachusetts Reformatory to the State Prison).
(See 1935, 113 § 2.)

Sect. 11 1A added, 1933, 169 (relative to transfers of defective de-
linquents and drug addicts from one institution to another under the
department of correction).

Sect. 133 revised, 1933, 134 § 1. (See 1933, 134 § 2.)

Sect. 146 revised, 1932, 221 § 1.

Sect. 151, last sentence amended, 1932, 180 § 25.

Sect. 154A added, 1935, 225 (requiring consideration by the ad-
visory board of pardons of the cases of certain life prisoners on the
question of extending clemency).

Chapter 128. — Agriculture.

Sect. 2, paragraph (g) added, 1933, 291 § 1.

Sect. 6 amended, 1933, 291 § 2.

Sect. 10 amended, 1934, 340 § 10. (See 1934, 340 § 18.)

Sect. 13 amended, 1934, 340 § 11. (See 1934, 340 § 18.)

Sect. 39 repealed, 1933, 74 § 2.

Sect. 42 revised, 1932, 166.

Chaps. 128A-130.] GENERAL LaWS. 789

Chapter 128A. — Horse and Dog Racing Meetings.

Chapter added, 1934, 374 § 3.

Sect. 3, first paragraph revised, 1935, 454 § 2; clause (/) amended,
1935, 454 § 3; clause {h) amended, 1935, 454 § 4; clause {n) added,
1935, 239 (forbidding the licensed racing of horses and dogs under the
pari-mutuel system of betting, on publicly owned premises); clause
(n) added, 1935, 471 § 1 (forbidding the licensed racing of dogs under
such system, in certain residential neighborhoods). (See 1935, 471
§2.)

Sect. 5, first paragraph revised, 1935, 454 § 1.

Sect. 9, last paragraph revised, 1935, 454 § 5.

Sect. 9A added, 1935, 454 § 6 (relative to rules, regulations and
conditions to be prescribed by the racing commission).

Sect. 13 amended, 1935, 454 § 7.

Sect. 13A added, 1935, 454 § 8 (relative to the appHcation of certain
laws as to betting and certain local requirements as to race tracks and
public amusements, in the case of racing meetings under this chapter).
(See 1935, 471 § 2.)

Sect. 14 revised, 1935, 279 § 2. (See 1935, 279 § 3.)

Sect. 14A added, 1935, 279 § 1 (providing for the resubmission to
the voters of the several counties of the question of licensing dog
races at which the pari-mutuel system of betting shall be permitted).
(See 1935, 279 § 3.)

Chapter 129. — Animal Industry.

Sect. 1 revised, 1934, 340 § 12; paragraph (defining "Domestic
animals") added, 1935, 70. (See 1934, 340 § 18.)

Sect. 10 amended, 1934, 340 § 13. (See 1934, 340 § 18.)

Sect. 33 amended, 1934, 272.

Sect. 33B revised, 1934, 96.

Sect. 36A added, 1935, 426 (providing for the licensing of certain
dealers in bovine animals).

Sect. 38 revised, 1934, 340 § 14. (See 1934, 340 § 18.)

Chapter 129A. — Marine Fish and Fisheries, Inland Fish and Fisheries,
Birds and Mammals. General Provisions.

Chapter added, 1933, 329 § 1.

Chapter*130. — Marine Fish and Fisheries, including Crustacea and Shell-
fish (former title, Powers and Duties of the Division
of Fisheries and Game. Fisheries).

Entire chapter repealed, and new chapter 130 (with new title) inserted,
1933, 329 § 2.

The following reference is to the original chapter 130:

Sect. 48A added, 1933, 118 (prohibiting the taking of certain herring
or alewives from the waters of Plymouth harbor, Kingston bay, Dux-
bury bay and certain waters of Plymouth bay).

The following references are to the new chapter 130:

Sect. 3A added, 1935, 324 (providing for state aid to coastal cities
and towns in conserving and increasing the supply of shellfish and in
exterminating the enemies thereof).

Sect. 6B added, 1934, 115 § 1 (providing for the filing with the

790 Changes in the [Chap. 131.

supervisor of marine fisheries of copies of rules and regulations made
by cities and towns under the marine fisheries laws, and for notifying
him of permits and licenses issued under said laws). (See 1934,
115 § 2.)

Sect. 48, first paragraph amended, 1935, 110.

Sect. 73 amended, 1935, 117.

Sect. 84A added, 1934, 129 (regulating the disposition of starfish
caught in or taken from the coastal waters of the commonwealth) .

Chapter 131. — Game and Inland Fisheries (former title, Powers and Duties
of the Division of Fisheries and Game. Game and Inland Fisheries).

Title amended, 1933, 329 § 14.

Sects. 1-4 repealed, 1933, 329 § 20.

Sect. 5 amended, 1932, 272 § 1; 1933, 214 § 1.

Sect. 6 revised, 1932, 272 § 2.

Sect. 7 revised, 1932, 272 § 3.

Sect, 8 revised, 1932, 272 § 4; new paragraph added (summer three-
day fishing license), 1934, 156.

Sect. 8A added, 1933, 214 § 2 (establishing special fox hunting
licenses for non-resident members and guests of clubs or associations
conducting fox hunts).

Sects. 9-11 repealed, 1933, 329 § 20.

Sect. 12 amended, 1932, 272 § 5; revised, 1933, 214 § 3.

Sect. 13 revised, 1933, 329 § 15.

Sects. 14-24 repealed, 1933, 329 § 20.

Sect. 24A added, 1932, 78 (relative to the establishment in certain
brooks and streams of breeding areas for fish).

Sect. 25, paragraph added at end, 1934, 33.

Sects. 27-34 repealed, 1933, 329 § 20.

Sect. 42 repealed, 1933, 329 § 20.

Sect. 44 revised, 1933, 329 § 16.

Sect. 45, sentence added at end, 1932, 77.

Sect. 49 amended, 1933, 329 § 17.

Sects. 52-55 repealed, 1933, 329 § 20.

Sect. 56 amended, 1934, 51.

Sect. 57 amended 1934 149.

Sect. 61A added, 'l933, 329 § 18 (regulating the taking of smelt in
great ponds).

Sect. 66 amended, 1934, 40.

Sect. 68 revised, 1935, 120.

Sect. 73A added, 1935, 98 (authorizing the use of certain traps for
the purpose of catching fish bait in the inland waters of the common-
wealth) .

Sect. 74 revised, 1932, 272 § 6.

Sect. 77 revised, 1933, 154.

Sect. 83 revised, 1935, 107.

Sect. 85 amended, 1932, 28; 1935, 13.

Sect. 86A added, 1932, 60 (authorizing the director of fisheries and
game to suspend or modify the open season or bag limit as to ruffed
grouse and quail).

Sect. 87A added, 1933, 122 (relative to the taking or killing of water-
fowl and other migratory birds in certain cases) .
Sect. 92 amended, 1932, 52.

Chaps. 132-138,] GENERAL LawS. 791

Sect. 94 amended, 1934, 183.

Sect. 97 revised, 1934, 70.

Sect. 99 amended, 1932, 180 § 26.

Sect. lOOA added, 1932, 82 (prohibiting the hunting of beavers).

Sect. 104 revised, 1933, 192 § 1.

Sect. 105A revised, 1933, 203; repealed, 1934, 275 § 2.

Sects. 105B and 105C added, 1934, 275 § 1 (regulating the use of
traps and other devices for the capture of fur-bearing animals and
providing for local option thereon). (See 1934, 275 § 4.)

Sect. 109 revised, 1932, 264; 1933, 192 § 2; amended, 1935, 5 § 1.

Sect. 112 revised, 1933, 192 § 3; amended, 1935, 5 § 2.

Sect. 114A added, 1934, 275 § 3 (authorizing the commissioner of
conservation to temporarily suspend, within certain specified territory,
the provisions of section 105B).

Sect. 135 revised, 1932, 81; 272 § 7.

Sect. 137 added, 1933, 329 § 19 (relative to the protection of salmon
fry in the Merrimack river) .

Chapter 132. — Forestry.

Sect. 5 repealed, 1932, 180 § 27.

Sect. 13 revised, 1935, 87.

Sect. 33 amended, 1935, 373.

Sect. 34, new paragraph added at end, 1935, 233.

Chapter 132A. — State Parks and Reservations Outside of the Metropolitan

Parks District.

Sect. 9 amended, 1933, 75 § 4.

Chapter 136. — Observance of the Lord's Day.

Sect. 2 amended, 1933, 150 § 1; 1934, 63; 1935, 78.

Sect. 4 A added, 1933, 150 § 2 (relative to the licensing of certain
enterprises to be held on the Lord's day at amusement parks and
beach resorts); revised, 1933, 309 § 1. (See 1933, 309 § 2.)

Sect. 6, second and third paragraphs amended, 1934, 328 § 7;
fourth paragraph amended, 1932, 96; same paragraph amended, 1934,
354; paragraph added at end, 1933, 150 § 3; section revised, 1934,
373 § 6.

Sect. 7 amended, 1934, 328 § 8; revised, 1934, 373 § 7.

Sect. 13 amended, 1932, 105.

Sect. 17, sentence added at end, 1933, 150 § 4; section amended,
1934, 55.

Sect. 21 revised, 1935, 104, 169.

Sect. 22. See 1933, 136; 1935, 49.

Chapter 138. — Alcoholic Liquors (Old Title, Intoxicating Liquors and Cer-
tain Non-Intoxicating Beverages).

Beer bill, so called, 1933, 120 (amended by 1933, 216; 234; 346).
(See also 1933, Res. 47.)

Act providing for a convention to act upon a proposed amendment
to the constitution of the United States relative to the repeal of the
eighteenth amendment, 1933, 132.

792 Changes in the [Chap. 138.

The following references are to chapter 138, as appearing in the Tercen-
tenary Edition:

Sect. 1, paragraph in lines 4-7 amended, 1933, 97 § 1. (See 1933,
97 § 3; 346 § 9.)

Sect. 2 affected, 1933, 120 § 53.

Sect. 3 amended, 1933, 97 § 2. (See 1933, 97 § 3; 346 § 9.)

Chapter stricken out, and new chapter 138 inserted, 1933, 376 § 2.
The following references are to the new chapter 138:

Sect. 1, sentence in lines 78-82 amended, 1934, 121 § 1 ; eighth para-
graph (definition of "Club") revised, 1934, 385 § 1; definition of "Tav-
ern" amended, 1935, 253 § 1; new paragraph (definition of "Alcohol")
added 1935 440 § 1.

Sect. 2 revised, 1934, 305; 372 § 4; 1935, 440 § 2.

Sect. 3 amended, 1935, 440 § 3.

Sect. 4 amended, 1934, 385 § 2.

Sect. 7 amended, 1935, 440 § 4.

Sect. 10 amended, 1935, 440 § 5.

Sect. lOB added, 1934, 370 § 11 (authorizing the alcoholic beverages
control commission to remove a member of a local licensing board
under certain conditions).

Sect. 11. See 1935, 281.

Sect. IIA revised (in part), 1934, 142 § 1; paragraph added, 1934,
142 § 2; paragraph added at end, 1934, 142 § 3; section revised, 1934,
211 § 1 ; last paragraph stricken out, 1935, 440 § 6. (See 1934, 142 § 4;
211 § 2.)

Sect. 12, first and second paragraphs amended, 1934, 121 § 2; last
sentence of first paragraph revised, 1934, 370 § 1 ; sentence contained
in lines 42-53 revised, 1934, 370 § 2; section revised, 1934, 385 § 3;
first paragraph amended, 1935, 253 § 2; revised 1935, 440 § 7; new
paragraph inserted after first paragraph, 1935, 253 § 3; proviso con-
tained in lines 46-48 stricken out, 1935, 253 § 4; third paragraph re-
vised, 1935, 440 § 8; next to last paragraph stricken out, 1935, 440 § 9;
section revised, 1935, 468 § 1.

Sect. 13, last two sentences stricken out, 1934, 385 § 4; section
revised, 1935, 440 § 10.

Sect. 14 amended, 1934, 370 § 3; paragraph added at end, 1935,
440 § 11.

Sect. 15, last paragraph revised, 1934, 370 § 4; section further
revised, 1934, 385 § 5; first paragraph revised, 1935, 440 § 12.

Sect. 15A added, 1934, 370 § 5 (relative to the publication of appli-
cations for original licenses) ; revised, 1935, 440 § 13.

Sect. 16A revised, 1934, 385 § 6.

Sect. 16B revised, 1935, 440 § 14.

Sect. 17, last paragraph revised, 1934, 83; second proviso amended,

1934, 385 § 7; first paragraph amended, 1935, 81; section revised,

1935, 440 § 15.

Sect. 18, two paragraphs added, 1934, 385 § 8; first paragraph
revised, 1935, 440 § 16.

Sect. 18A added, under caption "selling agents of foreign
importers and manufacturers", 1934, 312; first paragraph revised,
1935, 440 § 17.

Sect. 19, second paragraph amended, 1934, 385 § 9; last paragraph
amended, 1934, 385 § 10; 1935, 440 § 19; first paragraph revised, 1935,
440 § 18.

Chap. 138.] GENERAL LaWS. 793

Sect. 19A added, 1934, 385 § 11 (relative to the licensing of sales-
men for manufacturers and for wholesalers and importers); revised,
1935, 440 § 20.

Sect. 20 revised, 1934, 385 § 12.

Sect. 21 revised, 1934, 385 § 13; first paragraph amended, 1935,
440 § 21.

Sect. 22 revised, 1934, 385 § 14; 1935, 440 § 22.

Sect. 22A added, 1934, 385 § 15 (providing for the granting by the
alcoholic beverages control commission in certain cases of permits to
sell alcoholic beverages).

Sect. 23, last paragraph amended, 1934, 245; sentence added at end
of fourth paragraph, 1934, 370 § 6; section revised, 1934, 385 § 16;
fifth paragraph amended, 1935, 253 § 5; last four paragraphs stricken
out, and five new paragraphs inserted, 1935, 440 § 23.

Sect. 24, first sentence amended, 1934, 232.

Sect. 26, first paragraph amended, 1935, 440 § 24.

Sect. 27 revised, 1934, 301 § 1 amended, 1934, 385 § 23; revised,
1935, 442.

Sect. 28 amended, 1934, 112.

Sect. 29 revised, 1935, 440 § 25.

Sect. 30 amended, 1935, 83 § 1. (See 1935, 83 § 2).

Sect. 30A revised, 1934, 370 § 7; 1935, 440 § 26.

Sect. 30B amended, 1935, 440 § 27.

Sect. 30D amended, 1935, 440 § 28.

Sect. 30E, first paragraph amended, 1935, 440 § 29.

Sect. 30F revised, 1935, 440 § 30.

Sect. 30G amended, 1935, 440 § 31.

Sect. 30H added, 1935, 440 § 32 (possession or transportation of
alcoholic beverages or alcohol under certain circumstances deemed
prima facie evidence of violation of law) .

Sect. 31 amended, 1935, 440 § 33.

Sect. 32 amended, 1934, 370 § 8.

Sect. 33 revised, 1934, 370 § 9; amended, 1935, 468 § 2.

Sect. 34 amended, 1935, 440 § 34.

Sect. 34A added, 1935, 146 (relative to procuring by false repre-
sentation sales or dehvery of alcoholic beverages to minors) ; revised,
1935, 440 § 35.

Sect. 36 amended, 1934, 385 § 17.

Sect. 37 revised, 1934, 385 § 18.

Sects. 42-55 affected, 1935, 440 § 36.

Sect. 42, paragraph added at end, 1935, 440 § 36.

Sect. 46 amended, 1934, 370 § 10; 1935, 440 § 37.

Sect. 56 revised, 1935, 440 § 38.

Sect. 62 amended, 1935, 440 § 39.

Sect. 63, first sentence revised, 1934, 385 § 19; section revised,
1935, 440 § 40.

Sect. 63A revised, 1935, 440 § 41.

Sect. 64 revised, 1934, 385 § 20.

Sect. 67 amended, 1934, 385 § 21; revised, 1935, 440 § 42.

Sect. 70 revised, 1934, 301 § 2.

Sects. 72-75 repealed, 1934, 372 § 1.

Sect. 76 revised, 1934, 372 § 2 ; next to last sentence revised, 1934,
385 § 22; section revised, 1935, 440 § 43.

794 Changes in the [Chaps. 139, 140.

Chapter 139. — Connnion Nuisances.

Sect. 14, caption amended, 1934, 328 § 9; section amended, 1934,
328 § 10.

Sect. 16 amended, 1934, 328 § 11.
Sect. 16A amended, 1934, 328 § 12.
Sect. 17 repealed, 1934, 328 § 13.
Sect. 19 amended, 1934, 328 § 14.
Sect. 20 amended, 1934, 328 § 15.

Chapter 140. — Licenses.

Sect. 4 amended, 1934, 171 § 1.
Sect. 10 amended, 1935, 167.
Sect. 12 revised, 1932, 86; 1933, 92.

Sects. 21E and 21F added, under caption "organizations dis-
pensing FOOD OR beverages TO MEMBERS AND GUESTS", 1933, 284

(providing for the regulation of such organizations). Sect. 21E, last

sentence revised, 1934, 328 § 16; affected, 1934, 328 § 17.

Sect. 51 amended, 1932, 275; 1935, 428 § 3. (See 1935, 428 §§ 6, 7.)
Sect. 52 amended, 1935, 428 § 4. (See 1935, 428 § 7.)
Sect. 59 amended, 1934, 254 § 1. (See 1934, 254 § 2.)
Sect. 90, three sentences added at end, 1934, 179 § 1.
Sect. 96 sentence added at end, 1934, 179 § 2.
Sect. 121 amended, 1934, 359 § 1.

Sect. 13 IC added, 1934, 246 (prohibiting persons licensed to carry-
pistols and revolvers from carrying the same in vehicles unless said

weapons 'are under their control 'therein).

Sect. 136A, under caption "dogs", added, 1934, 320 § 1 (definitions

of certain words and phrases in sections 137-175). (See 1934, 320

§34.)
Sect. 137 amended, 1932, 289 § 1; revised (and caption stricken

out) 1934, 320 § 2. (See 1934, 320 § 34.)

Sects. 137A-137C added, 1934, 320 § 3 (relative to kennel licenses

and regulating holders of such licenses). (See 1934, 320 § 34.)
Sect. 138 revised, 1934, 320 § 4. (See 1934, 320 § 34.)
Sect. 139 amended, 1934, 320 § 5. (See 1934, 320 § 34.)
Sect. 140 repealed, 1934, 320 § 6. (See 1934, 320 § 34.)
Sect. 141 revised, 1934, 320 § 7. (See 1934, 320 § 34.)
Sects. 142-144 repealed, 1934, 320 § 8. (See 1934, 320 § 34.)
Sect. 145 amended, 1932, 289 § 2.
Sect. 145A added, 1932, 289 § 3 (relative to the furnishing of anti-

rabic vaccine) ; revised, 1934, 320 § 9. (See 1934, 320 § 34.)
Sect. 146 revised, 1934, 320 § 10. (See 1934, 320 § 34.)
Sect. 147 revised, 1932, 289 § 4; 1934, 320 § 11. (See 1934, 320

§34.)
Sect. 148 repealed, 1932, 289 § 6. (See G. L. chapter 41 § 13A,

inserted by 1932, 289 § 5.)

Sect. 150 revised, 1934, 320 § 12. (See 1934, 320 § 34.)
Sect. 151 revised, 1934, 320 § 13. (See 1934, 320 § 34.)
Sect. 151A added, 1934, 320 § 14 (powers and duties of dog officers

under annual warrants from mayors or selectmen). (See 1934, 320

§34.)

Chaps. 141-146.] GENERAL LawS. 795

Sect. 152 revised, 1934, 320 § 15. (See 1934, 320 § 34.)
Sect. 153 revised, 1934, 320 § 16. (See 1934, 320 § 34.)
Sect. 154 repealed, 1934, 320 § 17. (See 1934, 320 § 34.)
Sect. 155 revised, 1934, 320 § 18. (See 1934, 320 § 34.)
Sect. 156 revised, 1934, 320 § 19. (See 1934, 320 § 34.)
Sect. 157 revised, 1934, 320 § 20. (See 1934, 320 § 34.)
Sect. 158 revised, 1934, 320 § 21. (See 1934, 320 § 34.)
Sect. 159 revised, 1934, 320 § 22. (See 1934, 320 § 34.)
Sect. 160 revised, 1934, 320 § 23. (See 1934, 320 § 34.)
Sect. 161, first two sentences amended, 1932, 289 § 7; section
amended, 1934, 320 § 24. (See 1934, 320 § 34.)

Sect. 161A added, 1934, 320 § 25 (reimbursement for damages by
dogs regulated). (See 1934, 320 § 34.)

Sect. 162 revised, 1934, 320 § 26. (See 1934, 320 § 34.)
Sect. 163 amended, 1934, 320 § 27. (See 1934, 320 § 34.)
Sect. 164 amended, 1934, 320 § 28. (See 1934, 320 § 34.)
Sect. 165 revised, 1934, 320 § 29. (See 1934, 320 § 34.)
Sect. 166 amended, 1934, 320 § 30. (See 1934, 320 § 34.)
Sect. 170 amended, 1934, 320 § 31. (See 1934, 320 § 34.)
Sect. 171 revised, 1934, 320 § 32. (See 1934, 320 § 34.)
Sect. 172 revised, 1932, 289 § 8.

Sect. 175 revised, 1932, 289 § 9; 1934, 320 § 33. (See 1934, 320
§34.)

Sects. 180A-180D added, under caption "theatrical booking
agents, personal agents and managers", 1935, 378 (providing for
the licensing and bonding of certain theatrical booking agents, per-
sonal agents and managers).

Sect. 181. Affected by 1935, 454 § 8.

Sect. 183A amended, 1935, 102 § 1. (See 1935, 102 § 2.)

Sect. 184 amended, 1934, 328 § 18.

Chapter 141. — Supervision of Electricians.

Sect. 3, clause (4) amended, 1934, 347 § 1.

Chapter 142. — Supervision of Plumbing.

Sect, 6 revised, 1934, 347 § 2.
Sect. 13 amended, 1934, 284.

Chapter 143. — Inspection and Regulation of, and Licenses for, Buildings,
Elevators and Cinematographs.

Boston building laws, see 1934, 271.

Chapter 145. — Tenement Houses in Towns.

Sect. 17A added, 1934, 168 (relative to the erection of garages in
the yards of certain tenement houses).

Chapter 146. — Inspection of Boilers, Air Tanks, etc., Licenses of Engineers,
Firemen, and Operators of Hoisting Machinery.

Sect. 16 revised, 1932, 180 § 28.
Sect. SO^amended, 1935, 67.

796 Changes in the [Chaps. 147-149.

Chapter 147. — State and Other Police, and Certain Powers and Duties of
the Department of Public Safety.

Sect. 10 amended, 1934, 23.
Sect. 32 revised, 1935, 262 § 1.
Sect. 33 amended, 1935, 262 § 2.
Sect. 35 revised, 1934, 69.
Sect. 36 revised, 1932, 79.

Chapter 148. — Fire Prevention.

Sect. 1, definition of "local licensing authority" amended, 1932,
102.

Sect. lOA added, 1932, 75 (relative to the granting of certain per-
mits and the making of certain inspections by municipal officers desig-
nated by the state fire marshal).

Sect. 13, first paragraph amended, 1932, 22 § 1; section amended,
1935, 123 § 1. (See 1932, 22 § 2.)

Sect. 18 repealed, 1934, 182 § 2.

Sect. 23 amended, 1935, 123 § 2.

Sect. 27A added, 1932, 283 (relative to the protection of life and
property from fire hazards incident to the present industrial emer-
gency).

Sect. 49A added, 1934, 182 § 1 (relative to the inspection of kerosene
or any product thereof kept for sale for illuminating, heating or cook-
ing purposes).

Chapter 149. — Labor and Industries.

For legislation relative to interstate compacts affecting labor and
industry, see 1933, Res. 44; 1934, 383; Res. 25; 1935, 315 §§ 1-3.

Sect. 6 amended, 1934, 132 § 1. (See 1934, 132 § 2.)

Sect. 11 amended, 1935, 328.

Sect. 20A added, 1933, 351 § 1 (relative to the judicial enforcement
of certain contracts relative to membership in labor or employers'
organizations). (See 1933, 351 § 2.)

Sects. 20B and 20C added, 1935, 407 § 1 (regulating the liability
of labor unions and others involved in labor disputes, and defining
labor disputes and other terms used in connection therewith. (See
1935, 407 § 6.)

Sect. 23 amended, 1935, 114.

Sect. 23A added, 1934, 233 (regulating the employment of armed
guards in connection with strikes, lockouts and other labor troubles).

Sect. 24 amended, 1933, 272.

Sects. 26 and 27 stricken out, and new sections 26-27D added,
1935, 461 (relative to preference and minimum wages of veterans and
others in certain employments on certain public works).)

Sect. 29 amended, 1935, 217 § 2; revised, 1935, 472 § 2.

Sect. 39 revised, 1935, 444 § 1. (See 1935, 444 § 2.)

Sect. 48 revised, 1935, 185; 423 § 3.

Sect. 50 revised, 1933, 225; amended, 1935, 423 § 1.

Sect. 50A added, 1935, 423 § 2 (making one day's rest in seven law
applicable to watchmen and employees maintaining fires in certain
establishments) ,

Chaps. 151-152.] GENERAL LaWS. 797

Sect. 56 amended, 1932, 110 § 1; revised, 1935, 200.

Sect. 57 amended, 1932, 110 § 2.

Sect. 59 amended, 1933, 193 § 1. (For temporary act, authorizing
the commissioner of labor and industries to suspend certain provi-
sions relative to the hours of employment of women in the textile and
leather industries, see 1933, 347; time for suspension as to the textile
industry extended, 1935, 429.)

Sect. 60 revised, 1935, 203.

Sect. 62, clause (13) amended, 1934, 328 § 19.

Sect. 66 amended, 1933, 193 § 2.

Sects. 69-73. See 1934, 114.

Sect. 78 amended, 1934, 292 § 1.

Sect. 84 amended, 1932, 180 § 29.

Sect. 104 amended, 1932, 27.

Sect. 113 revised, 1934, 255.

Sect. 117 revised, 1935, 208.

Sect. 135 amended, 1933, 64.

Sects. 142A-142F added, under caption "benzol and mixtures
CONTAINING benzol", 1933, 304 (regulating the sale, distribution,
storage and use of benzol and its compounds).

Sect. 142A amended, 1935, 463 § 1.

Sect. 142B revised, 1935, 463 § 2.

Sect. 147A added, 1932, 234 (requiring the furnishing of certain
information to the department of labor and industries with respect
to the performance of certain industrial work in tenements and dwelling
houses).

Sect. 148, last sentence amended, 1932, 101 § 1; section revised,
1935, 350.

Sect. 150, sentence added at end, 1932, 101 § 2.

Sect. 156 amended, 1935, 363 § 1. (See 1935, 363 § 2.)

Sect. 157A added, 1933, 268 (insuring to piece or job workers in
factories and workshops information relative to their compensation).

Sect. 178A added, 1932, 175 (authorizing the payment of small
amounts of wages or salary of intestate employees to certain next of
kin without administration).

Chapter 151. — The Minimum Wage.

Sect. 8 amended, 1933, 110.

Sects. IIA-IID added, 1933, 220 § 1 (relative to the more effective
enforcement of decrees of the minimum wage commission). (See

1933, 220 § 2.)

Chapter stricken out, and new chapter 151 inserted, 1934, 308 § 1. (See

1934, 308 §§ 2, 3; 1935, 267.) (See also 1933, Res. 44; 1934, 383; Res. 25.)

Chapter 151A. — Unemployment Compensation.

Chapter added, 1935, 479 § 5. (See 1935, 479 §§ 6, 7.)

Chapter 152. — Workmen's Compensation.

Sect. 1, two sentences added at end of paragraph (1), 1935, 332 § 1;
paragraph (4) revised, 1935, 406.

Sect. 9B added, 1935, 424 (providing for the reference of certain
cases under the workmen's compensation law to industrial disease
referees).

798 Changes in the [Chaps. 153-156.

Sect. 11 amended, 1932, 129 § 1; paragraph added at end, 1935,
484.

Sect. 12, last paragraph amended, 1932, 117 § 1. (See 1932, 117
§ 2; 1935, 351.)

Sect. 13, sentence added at end, 1933, 68.

Sect. 15A amended, 1934, 252.

Sect._ 19, paragraph in hnes 17 and 18 revised, 1935, 339.

Sect. 19A added, 1935, 359 (requiring certain notices from employers
not insured under the workmen's compensation law).

Sect. 20 revised, 1935, 340.

Sect. 27 revised, 1935, 331.

Sect. 28 amended, 1934, 292 § 2.

Sect. 29 revised, 1935, 372.

Sect. 31, first paragraph amended, 1934, 250.

Sect. 32, new paragraph added, 1935, 361 (relative to payments
under the workmen's compensation law to dependents of deceased
minor employees).

Sect. 34 revised, 1935, 332 § 2.

Sect. 34A added, 1935, 364 (providing for payments for total and
permanent disability under the workmen's compensation law, and
establishing methods of determining the same).

Sect. 36, paragraph (j) revised, 1933, 257; revised, 1935, 333.

Sect. 54A added, 1935, 425 (relative to safeguarding and extend-
ing the workmen's compensation law by making void certain contracts
or agreements in the nature of insurance which do not insure the pay-
ment of the compensation provided for by said law).

Sect. 55, second paragraph revised, 1934, 137 § 1.

Sect. 65 amended, 1935, 395.

Sect. 69 revised, 1933, 318 § 7.

Sect. 69 A added, 1933, 315 (regulating workmen's compensation
payments by the commonwealth).

Sect. 75 revised, 1932, 19.

Chapter 153. — Liability of Employers to Employees for Injuries not
resulting in Death.

Sect. 6 amended, 1935, 387.

Chapter 154. — Assignment of Wages.

Sect. 8 added, 1933, 96 (exempting orders for payment of labor or
trade union or craft dues or obligations from the operation of the laws
regulating assignments of wages).

Chapter 155. — General Provisions relative to Corporations.

Sect. 1 revised, 1935, 297 § 1. (See 1935, 297 § 3.)

Sect. 10 amended, 1933, 11.

Sect. 23A added, 1935, 297 § 2 (regulating sales of stocks, bonds
and other securities of corporations to their employees). (See 1935,
297 § 3.)

Sect. 50 amended, 1933, 66.

Chapter 156. — Business Corporations.

Sect. 12, form of certificate revised, 1932, 67.
Sect. 41 revised, 1932, 136.
Sect. 54 amended, 1932, 180 § 30.

Chaps. 157-163.] GENERAL LaWS. 799

Chapter 157. — Co-operative Corporations.

Sect. 16, last sentence amended, 1932, 180 § 31.

Chapter 159. — Common Carriers.

Sect. 59 revised, 1933, 326 § 1.
Sect. 60 amended, 1933, 326 § 2.
Sect. 61 amended, 1933, 326 § 3.
Sect. 62 amended, 1933, 326 § 4.
Sect. 70 revised, 1934, 357 § 1.
Sect. 80 amended, 1934, 357 § 2.
Sect. 103 amended, 1933, 10.

Chapter 159A. — Common Carriers of Passengers by Motor Vehicle.

[Title amended, and headings, "part i", "carriers of passen-
gers BY MOTOR vehicle", inserted before section 1, 1933, 372 § 1].

[Sects. 17-30 added, under headings, "part ii", "carriers of
PROPERTY BY MOTOR VEHICLE", 1933, 372 § 2 (regulating carriers of
property by motor vehicle)].

NOTE:— 1933, 372 repealed by 1934, 264 § 5.

Chapter 159B. — Carriers of Property by Motor Vehicle.

New chapter added by 1934, 264 § 1.
Sect. 8 affected, 1935, 24.

Chapter 160. — Railroads.

Sect. 70 amended, 1932, 238.

Sect. 70A revised, 1932, 236; amended, 1934, 264 § 3.

Sect. 104 revised, 1933, 176.

Chapter 161. — Street Railways.

Name of metropolitan transit district changed to Boston IVIetro-
politan District, and authority to issue notes and bonds defined, 1932,
147.

Temporary act, extending to January 15th, 1939, the period of
public control and management of the Eastern IVIassachusetts Street
Railway Company, 1933, 108.

Temporary acts relative to the purchase of bonds of the Boston
Elevated Railway Company by the Boston Metropolitan District,
1933, 235; 1934, 334; 1935, 451.

Sect. 42, third sentence amended, 1934, 328 § 20.

Sect. 44 amended, 1934, 264 § 4.

Sect. 77 revised, 1934, 310 § 1.

Sect. 86 revised, 1934, 310 § 2.

Sect. 91 A added, 1935, 101 (relative to the number of guards on
passenger trains operated by street railway companies).

Chapter 163. — Trackless Trolley Companies.

Sect. 12 added, 1932, 185 (requiring trackless trolley companies "to
furnish security for civil liability on account of personal injuries or
property damage caused by their vehicles).

800 Changes in the [Chaps. 164-167.

Chapter 164. — Manufacture and Sale of Gas and Electricity.

For legislation authorizing compacts relative to the interstate trans-
mission of electricity and gas, see 1933, 294.

Sect. 14 amended, 1935, 222.

Sect. 17A added, 1932, 132 (regulating the lending of money by gas
and electric companies).

Sect. 33 amended, 1932, 180 § 32.

Sect. 76A added, 1935, 335 § 1 (giving to the department of public
utilities supervision over certain affiliates of gas and electric com-
panies).

Sect. 84A added, 1934, 202 § 1 (requiring gas and electric com-
panies to make additional annual returns).

Sect. 85, second paragraph amended, 1935, 335 § 2.

Sect. 85A added, 1933, 202 § 1 (requiring the filing with the depart-
ment of public utilities of certain contracts of gas and electric com-
panies with affiliated companies).

Sect. 94C added, 1935, 227 (relative to payments, charges, con-
tracts, purchases, sales or obligations or other arrangement between
gas or electric companies and affiliated companies, and the burden of
proving the reasonableness thereof).

Sect. 105 A added, 1932, 119 (regulating the storage, transporta-
tion and distribution of gas).

Sect. 119 revised, 1934, 365.

Sect. 124 amended, 1935, 237, 376 § 2.

Sect. 124A added, 1935, 376 § 1 (relative to the shutting off of gas
or electric service in homes where there is serious iUness) .

Chapter 165. — Water and Aqueduct Companies.

Sect. 4A added, 1933, 202 § 2 (requiring the fifing with the depart-
ment of public utilities of certain contracts of water companies with
affiliated companies).

Chapter 166. — Telephone and Telegraph Companies, and Lines for the
Transmission of Electricity.

Sect. 12A added, 1934, 202 § 2 (requiring telephone and telegraph
companies to make additional annual returns).

Sect. 15A added, 1935, 242 (regulating charges by telephone com-
panies for the use of hand sets, so called).

Sect. 22, second paragraph amended, 1932, 36.

Sect. 22A added, 1932, 266 (relative to the placing underground of
certain wires); revised, 1933, 251.

Chapter 167. — Banks and Banking.

For temporary act, authorizing the commissioner of banks to bor-
row within two years from March 30th, 1932, funds for the payment
of dividends in Uquidation of certain closed banks, see 1932, 122; time
increased to four years, 1934, 304.

For temporary act, operative until January 1st, 1938, authorizing
savings banks and savings departments of trust companies to grant
loans on proofs of claim of depositors in closed savings banks and in
savings departments of closed trust companies, see 1932, 217.

Chap. 168.] GENERAL LaWS. 801

For temporary act, authorizing the governor to proclaim the exist-
ence of a banking emergency, and providing for the further protection
of depositors in banks and the maintenance of the banking structure
of the commonwealth, see 1933, 59. (See also 1933, Res. 2.)

For temporary act, facilitating the reorganization of certain trust
companies, and empowering certain holders of deposits in certain
national banking associations to take in substitution therefor pre-
ferred stock in such associations, see 1933, 112.

For temporary act, authorizing banks and credit unions to co-
operate in action under the Federal Home Owners' Loan Act of 1933,
see 1933, 343.

For temporary act, providing for the establishment of a fund for the
insurance of deposits in certain savings banks, see 1934, 43.

For temporary act, providing for the establishment of a fund for the
insurance of shares in co-operative banks, see 1934, 73.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the Na-
tional Housing Act, see 1935, 162.

Sect. 1 amended, 1935, 452 § 1.

Sect. 2 revised, 1934, 251; first paragraph amended, 1935, 452 § 2.

Sect. 2A added, 1933, 310 (improving the method of examination of
banks) .

Sect. 4 amended, 1934, 270 § 1.

Sect. 5 revised, 1933, 337.

Sect. 11 revised, 1934, 270 § 2.

Sect. 12 revised, 1935, 452 § 3.

Sect. 14 revised, 1933, 334 § 1.

Sect. 17 repealed, 1933, 334 § 2.

Sect. 20 amended, 1933, 190.

Sect. 20A added, 1933, 292 (permitting certain public officers to
participate in certain bank reorganizations).

Sects. 22-36. See 1934, 43 § 11.

Sect. 22. See 1933, 59 § 5; 112 § 7.

Sect. 23. See 1933, 112 § 6.

Sect. 24 amended, 1932, 294; 1933, 41 § 4.

Sect. 31 A added, 1933, 277 (authorizing payment of dividends on
small deposits in closed banks to certain minors and to the next of kin
of certain deceased persons without probate proceedings).

Sect. 35A added, 1933, 302 (authorizing the destruction of certain
books, records and papers relating to closed banks).

Sect. 35B added, 1934, 241 (providing for semi-annual reports by
the commissioner of banks as to progress of liquidation of certain
banks).

Chapter 168. — Savings Banks.

For temporary act, establishing the Mutual Savings Central Fund,
Inc., for the term of five years, see 1932, 44.

For temporary act, authorizing the governor to proclaim the exist-

802 Changes in the [Chap. 168.

ence of a banking emergency, and providing for the further protection
of depositors in banks and the maintenance of the banking structure
of the commonwealth, see 1933, 59. (See also 1933, Res. 2.)

For temporary act, authorizing banks and credit unions to co-
operate in action under the Federal Home Owners' Loan Act of 1933,
see 1933, 343.

For temporary act, providing for the establishment of a fund for the
insurance of deposits in certain savings banks, see 1934, 43.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

Sect. 1, two paragraphs (defining "deposit book [etc.]" and "savings
bank") added at end, 1933, 334 § 3.
Sect. 2 revised, 1933, 334 § 4.

Sect. 2A added, 1933, 46 § 1 (authorizing savings banks to become
members of the Federal Home Loan Bank established for the district
of New England).

Sect. 11 amended, 1933, 334 § 5.
Sect. 13 amended, 1933, 334 § 6. (See 1933, 41 § 1.)
Sect. 17 revised, 1933, 334 § 7.
Sect. 25 revised, 1933, 334 § 8.

Sect. 25A added, 1933, 334 § 8 (authorizing the collection of savings
from school children through principals, teachers, etc.).
Sect. 26 revised, 1933, 334 § 9.
Sect. 27 amended, 1933, 334 § 10.
Sect. 28 revised, 1933, 334 § 11.
Sect. 29 amended, 1933, 334 § 12.
Sect. 33A revised, 1933, 334 § 13.
Sect. 34 revised, 1933, 334 § 14.
Sect. 35 revised, 1933, 334 § 15.
Sect. 45 amended, 1933, 334 § 16.
Sect. 47 revised, 1933, 334 § 17.
Sect. 49 amended, 1933, 334 § 18.
Sect. 50 revised, 1933, 334 § 19.
Sect. 51 revised, 1932, 245 § 1.
Sect. 51A revised, 1933, 334 § 20.
Sect. 53 revised, 1933, 334 § 21.

Sect. 54, clause First, first two paragraphs revised, 1933, 334 § 22;
clause Second, subdivisions (a), (e) and (/) revised, 1933, 334 § 23;
subdivision {h) added, 1933, 334 § 24 (forbidding investment of funds
in bonds or notes of county, etc., in default, and defining term "in
default');! clause Third affected, 1933, 111; 1934, 79; 1935, 72
§§ 1, 2; clause Fourth amended, 1932, 112; clause Seventh, second
paragraph revised, 1932, 220; clause Ninth, subdivision (c), paragraph
(2) stricken out, 1933, 334 § 25; subdivision (e), paragraphs (2), (3)
and (5) revised, 1933, 334 § 26; clause Sixteenth affected, 1933, 111;
1934, 79; 1935, 72 §§ 1, 2.

Sect. 55, paragraph added at end, 1933, 334 § 27 (authorizing the
continuing of the offices of a merged savings bank as branch offices of
the continuing bank).

Sect. 56 added, 1933, 41 § 1 (authorizing savings banks to purchase,
loan upon or participate in loans upon the assets of certain closed and
other banks).

Chaps. 169, 170.] GENERAL LawS. 803

Sect. 57 added, 1933, 334 § 28 (authorizing savings banks to become
members of savings bank associations).

Chapter 169. — Deposits with Others than Banks.

For temporary act, authorizing the governor to proclaim the
existence of a banking emergency, and providing for the further pro-
tection of depositors in banks and the maintenance of the banking
structure of the commonwealth, see 1933, 59. (See also 1933, Res. 2.)

Chapter 170. — Co-operative Banks.

For temporary act, establishing the Co-operative Central Bank, for
the term of five years, see 1932, 45; term extended to ten years,
1935, 82; amount which a member bank may borrow without col-
lateral further regulated, 1935, 136.

For temporary act, authorizing banks and credit unions to co-operate
in action under the Federal Home Owners' Loan Act of 1933, see 1933,
343.

For temporary act, providing for the establishment of a fund for the
insurance of shares in co-operative banks, see 1934, 73; amended,
1935, 76, 80.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

For temporary act, authorizing co-operative banks, within a three-
year period, to make loans upon real estate differing from ordinary
co-operative bank loans, see 1935, 191.

The following references are to Chapter 170, as appearing in the Tercen-
tenary Edition:

Sect. 16 revised, 1932, 292 § 1.

Sect. 19 amended, 1932, 292 § 2.

Sect. 20A added, 1932, 292 § 3 (authorizing payment to spouse or
next of kin without administration in case value of shares does not
exceed two hundred dollars).

Sect. 36A added, 1932, 292 § 4 (authorizing and regulating borrow-
ings to meet withdrawals and to loan against shares).

Sect. 40, paragraph added at end, 1932, 233 § 1.

Sect. 41 amended, 1932, 233 § 2.

Sect. 42 amended, 1932, 233 § 3.

Sect. 45A added, 1933, 46 § 2 (authorizing co-operative banks to
become members of the Federal Home Loan Bank estabUshed for the
district of New England).

Sect. 50 added, 1932, 201 (authorizing co-operative banks to become
members of certain leagues).

Chapter stricken out and new chapter inserted, 1933, 144.
The following references are to the new chapter 170:

Sect. 25, sentence added at end, 1935, 174.

Sect. 33 amended, 1935, 190.

Sect. 34 amended, 1934, 203 § 1.

Sect. 35, last paragraph stricken out, 1934, 203 § 2.

804 Changes in the [Chaps. 171, 172.

Sect, 47 revised, 1935, 75.

Sect. 50, first paragraph amended, 1935, 54.

Sect. 50A added, under caption "conversion", 1935, 215 (estab-
lishing the procedure to be followed by a co-operative bank in con-
verting into a federal savings and loan association).

Chapter 171. — Credit Unions.

For temporary act, establishing the Central Credit Union Fund, Inc.,
for the term of five years, see 1932, 216, as amended by 1934, 221.

For temporary act, authorizing the governor to proclaim the ex-
istence of a banking emergency, and providing for the further protec-
tion of depositors in banks and the maintenance of the banking
structure of the commonwealth, see 1933, 59. (See also 1933, Res. 2.)

For temporary act, authorizing banks and credit unions to co-operate
in action under the Federal Home Owners' Loan Act of 1933, see 1933,
343.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

Sect. 15, last sentence stricken out, and paragraph added at end,
1933, 163 § 1; new paragraph added, 1935, 272.

Sect. 21 amended, 1933, 163 § 2.

Sect. 24, paragraph added at end of subdivision (A), 1933, 163 § 3.

Chapter 172. — Trust Companies.

For temporary act, authorizing banks and credit unions to co-operate
in action under the Federal Home Owners' Loan Act of 1933, see 1933,
343.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

Sect. 1 revised, 1934, 349 § 1.

Sect. 7, clause Fourth revised, 1934, 349 § 2.

Sect. 9, fifth sentence amended, 1934, 349 § 3.

Sect. 10, first paragraph amended, 1934, 349 § 4.

Sect. 11 revised, 1934, 349 § 5.

Sect. 12 revised, 1934, 349 § 6.

Sect. 13 revised, 1934, 349 § 7.

Sect. 14 revised, 1934, 349 § 8; 1935, 40.

Sect. 14A added, 1934, 349 § 9 (relative to the submission of a

Chaps. 172A, 175.] GENERAL LawS. 805

monthly report by the treasurer of a trust company to its board of
directors) .

Sect. 15 revised, 1934, 349 § 10.

Sect. 16, paragraph added at end, 1934, 349 § 11.

Sect. 18 revised, 1934, 349 § 12; amended, 1935, 18.

Sect. 19 amended, 1934, 349 § 13.

Sect. 24 revised, 1934, 349 § 14.

Sect. 25 amended, 1934, 349 § 15.

Sect. 26 amended, 1934, 349 § 16.

Sect. 30A, sentence added at end, 1934, 349 § 17.

Sect. 31 revised, 1934, 349 § 18.

Sect. 34 revised, 1934, 349 § 19.

Sect. 43 revised, 1934, 349 § 20.

Sect. 44A added, 1933, 41 § 2 (authorizing trust companies to pur-
chase, loan upon or participate in loans upon the assets of certain
closed and other banks).

Sect. 45 revised, 1934, 349 § 21.

Sect. 46 revised, 1934, 349 § 22.

Sect. 48 revised, 1934, 349 § 23.

Sect. 54 amended, 1934, 349 § 24; 1935, 172 § 1.

Sect. 54A added, 1935, 172 § 2 (authorizing trust companies under
certain conditions to deposit in their commercial departments certain
funds held in their trust departments).

Sect. 57 revised, 1934, 349 § 25.

Sect. 60 amended, 1934, 349 § 26.

Sect. 61 amended, 1933, 41 § 3.

Sect. 62 amended, 1934, 349 § 27.

Sect. 66 revised, 1932, 245 § 2.

Sect. 67, paragraph added at end, 1933, 334 § 29 (regulating the
declaration and payment of interest on deposits in savings depart-
ments of trust companies).

Sect. 74 amended, 1934, 349 § 28.

Sect. 75 revised, 1934, 349 § 29.

Sect. 76 amended, 1934, 349 § 30.

Sect. 80 revised, 1934, 349 § 31 (but see 1934, 349 § 32).

Sect. 82 added, under caption "set-off or recoupment of de-
posits", 1932, 295 § 1. (See 1932, 295 § 2.)

Sects. 83-89 added, under caption "conservatorship", 1933,
87 §1.

Sects. 83, 88. See 1933, 112 §§ 6, 9.

Sect. 90 added, 1933, 273 (relative to the enforcement of conserva-
torship proceedings in respect to trust companies).

Chapter 172A. — Banking Companies.

Chapter inserted, 1935, 452 § 4.

Chapter 175. — Insurance.

For temporary act, relative to the support and regulation of the
business of insurance companies during the bank emergency, see
1933, 65.

For temporary act, authorizing insurance companies, during a three-

806 Changes in the [Chap. 175.

year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

Sect. 5 amended, 1933, 107 § 2.
Sect. 6, first paragraph amended, 1933, 107 § 3.
Sect. 11, first paragraph amended, 1934, 92 § 1; third paragraph
amended, 1933, 5.
'Sect. 19A amended, 1934, 137 § 2.
Sect. 22A revised, 1935, 234.

Sect. 25, last paragraph of Form A stricken out, 1934, 12; last para-
graph of section amended, 1934, 92 § 2.

Sect. 36, second paragraph revised, 1935, 140.
Sect. 47, clause Twelfth revised, 1935, 204.
Sect. 50, third sentence amended, 1932, 180 § 33.
Sect. 54A added, 1932, 165 (permitting certain insurance companies
to make outside the commonwealth contracts insuring personal prop-
erty against all risks or hazards).
Sect. 79 revised, 1933, 23 § 1.
Sect. 87 repealed, 1934, 22.
Sect. 90B revised, 1933, 23 § 2.

Sect. 94, first two paragraphs stricken out, and new paragraph in-
serted, 1933, 81.

Sect. 97 amended, 1933, 31.
Sect. 99, clause Ninth revised, 1934, 95,

Sect. 102 amended, 1932, 174 § 1; revised, 1934, 110 § 1. (See
1932, 174 §2; 1934, 110 § 2.)

Sect. 106 revised, 1932, 150 § 1. (See 1932, 150 § 4.)
Sect. 113 A, provision (2) amended, 1933, 119 § 1; revised, 1933,
145 § 1; provision (2A) added, 1933, 145 § 2; amended, 1935, 296 § 1.
(See 1933, 145 § 3; 1935, 296 § 2.)

Sect. 113B, new paragraph added, 1935, 459 § 4. (See 1935, 459
§5.)

Sect. 113D, first paragraph revised, 1933, 119 § 2; paragraph added
at end, 1933, 119 § 3; fourth paragraph revised, 1933, 146 § 1; sixth
paragraph revised, 1933, 146 § 2; same paragraph amended, 1934, 46;
paragraph added at end, 1934, 379. (See 1933, 119 § 6; 146 § 3.)

Sect. 113E added, 1934, 61 (prohibiting certain discrimination in
the issuance or execution of motor vehicle liability policies or bonds).
Sect. 114 amended, 1932, 180 § 34.
Sect. 116A amended, 1932, 180 § 35.
Sects. 125, 126. See 1933, 42.
Sect. 132, first paragraph revised, 1933, 101 § 1.
Sect. 140, third paragraph amended, 1933, 101 § 2.
Sect. 144, last paragraph revised, 1933, 101 § 3.
Sect. 147B added, 1935, 232 (requiring foreign life insurance com-
panies to provide for paid-up and extended term insurance and cash
surrender values on policies of industrial Hfe insurance issued in the
commonwealth) ,

Sect. 151, clause Second amended, 1933, 107 § 1.
Sect. 155, clause First revised, 1932, 150 § 2. (See 1932, 150 § 4.)
Sect. 156A amended, 1933, 30.

Sect. 160A added, 1933, 25 § 1 (prohibiting the printing or publi-
cation of certain advertisements for or on behalf of unlicensed insur-
ance companies).

Chaps. 176-185.] GENERAL LaWS. 807

Sect. 160B added, 1934, 14 § 1 (authorizing the commissioner of in-
surance to pubUsh certain information relative to unhcensed foreign
insurance companies or societies).

Sect. 167A amended, 1934, 137 § 3.

Sect. 181 revised, 1934, 160.

Sect. 185, second paragraph revised, 1932, 150 § 3.

Sect. 187C, first paragraph amended, 1934, 34.

Chapter 176. — Fraternal Benefit Societies.

For temporary act, relative to the support and regulation of the
business of insurance companies during the bank emergency, see
1933, 65.

Sect. 5 amended, 1933, 25 § 2; 1934, 14 § 2.

Sect. 21 amended, 1934, 170.

Sect. 23 amended, 1932, 46.

Sect. 40, first two sentences amended, 1932, 180 § 36.

Sect. 45, second paragraph amended, 1932, 104.

Sect. 46B added, 1932, 47 § 1 (authorizing certain fraternal benefit
societies to acquire, hold, manage and dispose of real property, and
confirming title to such property heretofore acquired by certain of
such societies).

Chapter 178. — Savings Bank Life Insurance.

For temporary act, relative to the support and regulation of the
business of insurance companies during the bank emergency, see
1933, 65.

Sect. 10 amended, 1935, 330 § 1.

Sect. 11 amended, 1935, 330 § 2.

Sect. 11 A added, 1935, 330 § 3 (relative to non-payment of pre-
miums on annuity and certain other contracts).

Sect. 15 amended, 1935, 330 § 4.

Sect. 17 revised, 1935, 330 § 5.

Sect. 19 amended, 1935, 330 § 6.

Sect. 21 revised, 1935, 330 § 7.

Sect. 26 revised, 1932, 103.

Chapter 180. — Corporations for Charitable and Certain Other Purposes.

Sect. 5 amended, 1934, 328 § 21.

Sect. 10 amended, 1932, 180 § 37.

Sect. 12A amended, 1935, 246.
• Sect. 26 A added, 1933, 236 § 1 (requiring the filing of annual returns
by certain incorporated clubs and other corporations). (See 1933,
236 § 2.)

Sect. 27 amended, 1934, 328 § 22.

Chapter 185. — The Land Court and Registration of Title to Land.

Sect. 1, clause (6) revised, 1935, 318 § 3; clause (c) revised, 1935,
318 § 4; clause (j}i) added, 1934, 263 § 1 (granting to land court
exclusive original jurisdiction to determine by declaratory judgment
the validity and extent of municipal zoning ordinances, by-laws and
regulations; clause (k) revised, 1934, 67 § 1; clauses [1) and (m)
added, 1935, 318 § 5 (granting to said court original jurisdiction con-

808 Changes in the [Chaps. 192-207.

current with supreme judicial and superior courts of certain suits in
equity). (See 1934, 67 § 2; 1935, 318 § 8.)

Sect. 25A added, 1933, 55 (relative to the power of the land court
to enforce its orders and decrees, and relative to service of its
processes).

Chapter 192. — Probate of Wills and Appointment of Executors.

Sect. 1A added, 1934, 113 (requiring that the attorney general be
made a party in certain proceedings relative to the probate of wills).

Chapter 194. — Public Administrators.

Sect. 7 revised, 1933, 100.

Sect. 9, last sentence amended, 1932, 180 § 38; section affected,
1932, 180 § 45.

Chapter 195. — General Provisions relative to Executors and Administrators.

Sects. 1-4 repealed, 1933, 221 § 1. (See 1933, 221 § 8.)
Sect. 8 amended, 1933, 221J 2. (See 1933, 221 § 8.)

Chapter 196. — Allowances to Widows and Children, and Advancements.

Sect. 2 amended, 1933, 36.

Chapter 197. — Payment of Debts, Legacies and Distributive Shares.

Sect. 2 amended, 1933, 221 § 3. (See 1933, 221 § 8.)
Sect. 9 amended, 1933, 221 § 4. (See 1933, 221 § 8.)

Chapter 201. — Guardians and Conservators.

Sect. 13, new sentence added at end, 1934, 204 § 1.
Sect. 18, new sentence added at end, 1934, 204 § 2.

Chapter 202. — Sales, Mortgages and Leases of Real Estate by Executors,
Administrators, Guardians and Conservators.

Sect. 4A added, 1933, 129 (relative to the use and management of
real estate of a decedent by his executor or administrator for the pur-
pose of the payment of debts from the rents thereof).

Sect. 14 amended, 1934, 157 § 1.

Sect. 20 revised, 1933, 221 § 5. (See 1933, 221 § 8.)

Chapter 203. — Trusts.

Sect. 16 amended, 1934, 157 § 2.

Sect. 17A added, 1932, 50 (relative to the sale of real estate by
foreign testamentary trustees).

Chapter 204. — General Provisions relative to Sales, Mortgages, Releases,
Compromises, etc., by Executors, etc.

Sect. 26 amended, 1933, 221 § 6. (See 1933, 221 § 8.)

Chapter 207. — Marriage.

Sect. 20 amended, 1933, 127.
Sect. 38 revised, 1932, 162.

Chaps. 208-215.] GENERAL LaWS. 809

Chapter 208. — Divorce.

Sect. 19 revised, 1932, 3.

Sect. 21, sentence added at end, 1934, 181 § 1. (See 1934, 181 § 2.)

Sect. 38 revised, 1933, 288.

Chapter 209. — Husbancl>nd Wife.

Sect. 33 revised, 1933, 360.

Chapter 211. — The Supreme Judicial Court.

Sect. 11 revised, 1933, 300 § 1. (See 1933, 300 § 4.)

Chapter 212. — The Superior Court.

For act further extending to January 1st, 1938, the operation of
certain provisions of law relative to the more prompt disposition of
criminal cases in the superior court, see 1935, 377.

For act relative to sittings and sessions of the superior court, see
1932, 144. (For prior temporary legislation, see 1927, 306 ; 1928, 228.)

Sect. 14 revised, 1932, 144 § 1. (For prior temporary legislation,
see 1927, 306; 1928, 228.)

Sect. 14A added, 1932, 144 § 2 (regulating the establishing of
sessions and sittings of the superior court). [For prior temporary
legislation, see 1927, 306; 1928, 228.]

Sects. 15-18 repealed, 1932, 144 § 3.

Sect. 22 amended, 1934, 287.

Sect. 25 amended, 1932, 144 § 4.

Sect. 26A added, 1935, 229 § 1 (providing for the transfer from the
superior court to the land court of certain actions at law and suits in
equity where any right, title or interest in land is involved). (See
1935, 229 § 2.)

Chapter(^213. — Provisions Common to the Supreme Judicial and Superior

Courts.

Sect. 6 amended, 1932, 144 § 5.

Chapter 214. — Equity Jurisdiction and Procedure in the Supreme Judicial

and Superior Courts.

Sect. 1 amended, 1935, 407 § 2. (See 1935, 407 § 6.)

Sect. 9 amended, 1934, 381; 1935, 407 § 3. (See 1935, 407 § 6.)

Sect. 9A added, 1935, 407 § 4 (Umiting authority of courts to grant

injunctive relief in cases involving or growing out of labor disputes).

(See 1935, 407 § 6.)

Chapter 215. — Probate Courts.

Sect. 6 amended, 1933, 237 § 1.

Sect. 6B added, 1935, 247 § 1 (providing for interpretative judg-
ments in the probate courts as to the meaning of written instruments).
(See 1935, 247 § 2.)

Sect. 30A amended, 1934, 330.

Sect. 62, paragraph in lines 17-20 revised, 1932, 107; paragraph in
lines 29-33 revised, 1934, 24; paragraph in lines 34-37 amended.

810 Changes in the [Chaps. 217-221.

1934, 54; same paragraph revised, 1934, 175 § 1; paragraph in lines
45-51 revised, 1935, 132; paragraph in Hnes 56 and 57 revised, 1933,
274. (See 1934, 175 § 2.)

Chapter 217. — Judges and Registers of Probate and Insolvency.

Sect. 1 amended, 1935, 434 § 1.
Sect. 2 amended, 1934, 290; 1935, 434 § 2.

Sect. 30 revised, 1935, 143 § 1; 1935, 313 § 1. (See 1935, 313 § 3.)

Sect. 31A added, 1935, 313 § 2 (providing for the appointment of a

messenger for the probate court of Essex county). (See 1935, 313 § 3.)

Chapter 218. — District Courts.

For act further extending to January 1st, 1938, the operation of
certain provisions of law authorizing certain justices of district courts
to sit in criminal cases in the superior court, see 1935, 377.

Sect. 1, first paragraph under caption "Franklin" revised, 1932,
87 §1.

Sect. 9, sentence added at end, 1934, 217 § 1.

Sect. 10 amended, 1932, 160 § 1.

Sect. 19 amended, 1934, 387 § 1. (See 1934, 387 § 5.)

Sect. 29 amended, 1932, 55.

Sect. 62 amended,* 1932, 235 § 1; revised,* 1932, 247 § 1; amended,

1935, 71 § 1. (See 1935, 71 § 2.)
Sect. 63 revised, 1935, 341.

Sect. 76 amended, 1932, 269 § 1; 1935, 366;§ 1. (See 1935, 366
§3.)
Sect. 80, sentence added at end, 1935, 366 § 2. (See 1935, 366 § 3.)

Chapter 219. — Trial Justices.

Sect. 28 amended, 1934, 328 § 23.

Chapter 220. — Courts and Naturalization.

Sects. 13A and 13B added, 1935, 407 § 5 (regulating procedure in
trials for contempt arising out of disobedience to decrees or process of
courts in labor dispute cases). (See 1935, 407 § 6.)

Sects. 16 and 17 repealed, 1932, 144 § 3.

Sect. 19 repealed, 1932, 16.

Chapter 221. — Clerks, Attorneys and Other Officers of Judicial Courts.

Sect. 4 amended, 1935, 89 § 1. (See 1935, 89 § 2.)

Sect. 5 amended, 1932, 51.

Sect. 46 revised, 1935, 346 § 1.

Sects. 46A and 46B added, 1935, 346 § 2 (prohibiting individuals
not members of the bar from practising law or attempting so to do
and providing a means of restraining unauthorized practice of law).

Sect. 47 repealed, 1935, 346 § 3.

Sect. 49 repealed, 1935, 346 § 3.

Sect. 58 amended, 1932, 40 § 1.

* Void for non-acceptance.

Chaps. 223-233.] GENERAL LawS. 811

[7 Sect. 60 repealed, 1932, 40 § 2.

Sect. 73 revised, 1935, 182 § 2. (See 1935, 182 §§ 5, 6.)
;■ Sect. 76 revised, 1935, 182 § 3. (See 1935, 182 §§ 5, 6.)

Sect. 80 amended, 1935, 182 § 4. (See 1935, 182 § 6.)

Sect. 94, first sentence amended, 1932, 180 § 39.

Chapter 223. — Commencement of Actions, Service of Process.

Sect. 2 revised, 1934, 387 § 2. (See 1934, 387 § 5.)

Sect. 2A added, 1935, 483 § 1 (providing for trial together of two

or more actions arising out of the same motor vehicle accident pending

in district courts). (See 1935, 483 §§2, 3.)

Chapter 228. — Survival of Actions and Death and Disabilities of Parties.

Sect. 1 revised, 1934, 300 § 1. (See 1934, 300 § 2.)
Sect. 5 amended, 1933, 221 § 7. (See 1933, 221 § 8.)

Chapter 230. — Actions By and Against Executors and Administrators.

Sect. 5 amended, 1934, 116.

Chapter 231. — Pleading and Practice.

Sect. 55 amended, 1935, 318 § 6. (See 1935, 318 § 8.)

Sect. 59C added, under caption "speedy trial of certain actions
FOR malpractice, ERROR OR MISTAKE", 1935, 118 § 1 (relative to the
advancement for speedy trial in the superior court of actions against
physicians and others for malpractice, error or mistake). (See 1935,
118 § 2.)

Sect. 63 amended, 1932, 84 § 1.

Sect. 69 amended, 1932, 177 § 1. (See 1932, 177 § 2.)

Sect. 73 repealed, 1932, 180 § 40.

Sect. 78 repealed, 1932, 180 § 40.

Sect. 84A added, 1933, 247 § 1 (relative to the joint trial in the
superior court of actions involving the same subject matter). (See
1933, 247 § 2.)

Sect. 102A added, 1934, 387 § 3 (relative to the removal to the
superior court of an action of tort arising out of the operation of a
motor vehicle). (See 1934, 387 § 5.)

Sect. 108, second sentence of third paragraph revised, 1933, 255 § 1.
(See 1933, 255 § 2.)

Sect. 133 amended, 1933, 300 § 2. (See 1933, 300 § 4.)

Sect. 140A added, 1932, 130 § 1 (relative to the effect of a settle-
ment by agreement of an action of tort growing out of a motor vehicle
accident upon the right of a defendant in such action to maintain a
cross action).

Sect. 141 amended, 1932, 130 § 2; 1933, 300 § 3; 1934, 387 § 4.
(See 1933, 300 § 4; 1934, 387 § 5.)

Sect. 142 amended, 1935, 318 § 7. (See 1935, 318 § 8.)

Chapter 233. — Witnesses and Evidence.

Sect. 3A added, 1933, 262 (authorizing the commissioner of banks
to respond to summonses or subpoenas by an employee or other
assistant in his department.)

812 Changes in the [Chaps. 234-262.

Sect. 8 amended, 1933, 269 § 3; 376 § 3.
Sect. 22 amended, 1932, 97 § 1.
Sect. 26 amended, 1932, 71 § 1.
Sect. 29 amended, 1932, 71 § 2.
Sect. 30 amended, 1932, 71 § 3.
Sect. 32 amended, 1932, 71 § 4.
Sect. 33 amended, 1932, 71 § 5.
Sect. 34 amended, 1932, 71 § 6.
Sect. 45 amended, 1932, 71 § 7.
Sect. 46 amended, 1932, 71 § 8.
Sect. 47 amended, 1932, 71 § 9.
Sect. 48 amended, 1932, 71 § 10.
Sect. 49 amended, 1932, 71 § 11.

Chapter 234. — Juries.

Sect. 1 amended, 1935, 257 § 11. (See 1935, 257 § 12.)
Sect. U amended, 1934, 150.

Chapter 240. — Proceedings for Settlement of Title to Land.

Sect. 14A added, 1934, 263 § 2 (providing for determination by the
land court by declaratory judgment as to the validity and extent of
municipal zoning ordinances, by-laws and regulations).

Chapter 246. — Trustee Process.

Sect. 28 temporarily affected, 1934, 74; revised, 1935, 410 § 1.
(See 1935, 410 §§ 2, 3.)

Chapter 250. — Writs of Error, Vacating Judgment, Writs of Review.

Sect. 16 amended, 1933, 244 § 1. (gee 1933, 244 § 2.)

Chapter 255. — Mortgages, Conditional Sales and Pledges of Personal
Property, and Liens thereon.

Sect. 1. See 1933, 142 (recording of federal crop loans to farmers).

Sect. 3 amended, 1935, 86 § 2.

Sects. 7A-7E added, 1935, 86 § 1 (relative to the mortgaging of
crops and certain other classes of personal property).

Sect. 13A added, 1935, 348 § 1 (regulating conditional sales of
motor vehicles). (See 1935, 348 § 2.)

Sect. 13B added, 1935, 396 (relative to certain contracts of condi-
tional sale of household or personal effects).

Chapter 258. — Claims against the Commonwealth.

Sect. 3 revised, 1932, 180 § 41.

Chapter 260. — ■ Limitation of Actions.

Sect. 4 amended, 1933, 318 § 5; 1934, 291 § 4. (See 1933, 318 § 9;
1934, 291 § 6.)

Chapter 262. — Fees of Certain Officers.

Sect. 5 amended, 1933, 201.

Sect. 25 amended, 1933, 162; 1934, 141.

Sect. 32 revised, 1935, 280.

Chaps. 263-270.] GENERAL LaWS. 813

Sect. 34 amended, 1933, 21.

Sect. 40 revised, 1934, 324 § 1. (See 1934, 324 § 2.)

Chapter 263. — Rights of Persons Accused of Crime.

Sect. 4A added, 1934, 358 (expediting the arraignment of persons
charged with crimes not punishable by death by permitting them to
waive indictment proceedings).

Sect. 6 amended, 1933, 246 § 1. (See 1933, 246 § 2.)

Chapter 264. — Crimes against Governments.

Sect. 5 revised, 1932, 298; amended, 1933, 153 § 3; 1934, 56.
Sect. lOA revised, 1933, 276.

Chapter 265. — Crimes against the Person.

Sect. 25 revised, 1932, 211.
Sect. 26 amended, 1934, 1.

Chapter 266. — Crimes against Property.

Sect. 1 revised, 1932, 192 § 1.

Sect. 2 revised, 1932, 192 § 2.

Sects. 3 and 4 repealed, 1932, 192 § 3.

Sect. 5 revised, 1932, 192 § 4.

Sect. 5A added, 1932, 192 § 5 (defining and providing penalties for
attempts to commit arson).

Sect. 6 repealed, 1932, 192 § 3.

Sect. 8 revised, 1932, 192 § 6.

Sect. 10 revised, 1932, 192 § 7.

Sect. 22 amended, 1935, 365.

Sect. 52 amended, 1934, 270 § 3.

Sect. 54. See 1933, 59 § 3.

Sect. 70 amended, 1933, 245 § 4.

Sects. 75 A and 75B added, 1932, 11 (penaHzing the fraudulent
operation of slot machines, coin-box telephones and other coin re-
ceptacles, and the manufacture and sale of devices intended to be
used in such operation).

Sect. 116A added, 1935, 116 (providing for the protection of wild
azaleas, wild orchids and cardinal flowers).

Chapter 268. — Crimes against Public Justice.

Sect. 16 revised, 1934, 344.
Sect. 26 amended, 1934, 328 § 24.
Sect. 27 amended, 1934, 328 § 25.
Sect. 29 amended, 1934, 328 § 26.
Sect. 33 amended, 1935, 440 § 44.

Chapter 269. — Crimes against Public Peace.

Sect. 10 amended, 1935, 290.

Sect. lOB added, 1934, 359 § 2 (further regulating the sale, rental
and leasing of rifles and shotguns).

Chapter 270. — Crimes against Public Health.

Sect. 5 amended, 1934, 328 § 27.

814 Changes in the [Chaps. 271-277.

Chapter 271. — Crimes against Public Policy.

Sect. 22A revised, 1934, 371.

Sect. 23 amended, 1934, 235 § 3; 303 § 1.

Sects. 31, 33, 34 affected by 1935, 454 § 8; 471 § 2.

Chapter 272. — Crimes against Chastity, Morality, Decency and Good Order.

Sect. 25 revised, 1933, 376 § 4.

Sect. 28 amended, 1934, 231.

Sects. 79A and 79B added, 1934, 234 § 1 (relative to the cutting of
the muscles or tendons of horses' tails and to the showing or exhibiting
of horses whose tails have been so cut or have been docked). (See
1934 234 5 2.)

Sect. 80 repealed, 1934, 234 § 1. (See 1934, 234 § 2.)

Sect. 92 A added, 1933, 117 (preventing advertisements tending to
discriminate against persons of any religious sect, creed, class, denomi-
nation or nationality by places of public accommodation, resort or
amusement).

Sect. 97A added, 1934, 164 (prohibiting the use of documents drawn
to imitate judicial process).

Sect. 98 amended, 1934, 138.

Chapter 273. — Desertion, Non-Support and Illegitimacy.

Sect. 2 amended, 1933, 224.

Chapter 275. — Proceedings to prevent Crimes.

Sect. 15 repealed, 1932, 180 § 42.

Chapter 276. — Search Warrants, Rewards, Fugitives from Justice, Arrest,
Examination, Commitment and Bail. Probation Officers and Com-
mission on Probation.

Sect. 1, first paragraph amended, 1934, 303 § 2; clause Eleventh
amended, 1934, 235 § 1.

Sect. 3 amended, 1934, 340 § 15. (See 1934, 340 § 18.)

Sect. 3A added, 1934, 247 (concerning the service of search war-
rants).

Sect. 7 amended, 1934, 235 § 2.

Sect. 37A added, 1932, 180 § 43 (relative to the assignment of
counsel to appear, on behalf of a person accused of a capital crime, at
his preliminary examination). [For prior legislation, see G. L. chapter
277 §§ 48, 49, repealed by 1932, 180 § 44.]

Sect. 89, sentence added at end, 1934, 217 § 2.

Sect. 98 amended, 1932, 145.

Chapter 277. — Indictments and Proceedings before Trial.

Sect. 2 amended, 1932, 144 § 6.

Sects. 48 and 49 repealed, 1932, 180 § 44. (See G. L. chapter 276
§ 37A, inserted by 1932, 180 § 43.)

SCHEDULE OF FORMS OF PLEADINGS at end of chapter amended,
1934, 328 § 29.

Chaps. 278-280.1 GENERAL LawS. 815

Chapter 278. — Trials and Proceedings before Judgment.

Sect. 33 amended, 1933, 265.

Chapter 279. — Judgment and Execution.

Sect. 1 amended, 1934, 205 § 1; 1935, 358 § 1. (See 1934, 205 § 3;

1935, 358 § 2.)

Sect. 1A amended, 1934, 205 § 2. (See 1934, 205 § 3.)

Sect. 3A amended, 1935, 50 § 2; 437 § 2. (See* 1935, 50 § 6; 437

§8.)
Sect. 4 revised, 1935, 50 § 3; 437 § 3. (See 1935, 50 § 6; 437 § 8.)
Sect. 9 amended, 1932, 221 § 2.
Sect. 11 amended, 1934, 328 § 28.

Sect. 43 revised, 1935, 50 § 4; 437 § 4. (See 1935, 50 § 6; 437 § 8.)
Sect. 44 revised, 1935, 50 § 5; 437 § 5. (See 1935, 50 § 6; 437 § 8.)
Sect. 45 revised, 1935, 437 § 6. (See 1935, 437 § 8.)

Chapter 280. — Fines and Forfeitures.

Sect. 2, last sentence stricken out, 1934, 364 § 2; sentence added
at end, 1935, 303 § 1. (See 1934, 364 § 3; 1935, 303 § 2.)

^fje Commontoealtf) of iHlagsfacfjugctts;

Office of the Sechetart, Boston, November 1, 1935.

I certify that the acts and resolves contained in this volume are true
copies of the originals on file in this department.

I further certify that the table of changes in general laws has been
prepared, and is printed as an appendix to this edition of the laws, by
direction of the Joint Committee on Rules of the General Court, in
accordance with the provisions of General Laws, Tercentenary Edi-
tion, chapter 3, section 51,

FREDERIC W. COOK,

Secretary of the Commonwealth.

INDEX.

Abatement, taxes, of (see Taxation).

Abbott Academy, The Trustees of, name changed to Trustees of
Abbot Academy and relative to number and tenure of
office of trustees thereof ......

Aberjona river, valley of, additional sewers in, construction, etc. . (

Acceptance of statutes (see Statutes).

Accidents, aircraft, involving, reports of .... .

industrial, department of (see Industrial accidents, department

of),
motor vehicles, involving, two or more actions arising out of

same, pending in district courts, trial together of .
prevention of, in industry (see Labor, health and safety of

workers),
workmen, to, compensation for (see Workmen's compensation).
Accountants, public, registration of, appropriations .
Accounts, cities and towns, of (see Municipal finance).

claims and, unclassified, appropriations ....

counties, of (see County finance).

director and division of (see Corporations and taxation, de-
partment of),
public (see County finance; Municipal finance; State finance).
ACTIONS, CIVIL:

district courts, trial in, by juries of six, investigation as to

Resolve
appropriation . . . . . . . .

employers' liability law, so called, under, want of notice in,

relative to . . _ . ._

judgments in (see Judgments in civil actions),
land, involving any right, title or interest in, certain, transfer
from superior court to land court ....

redemption from tax titles, proceedings, etc., for, transfer
from superior court to land court, etc., and jurisdiction
of land court in such proceedings, etc. . . .

motor vehicle accident, same, two or more actions arising out

of, pending in district courts, trial together of
speedy trial of, against physicians, etc., for malpractice, error or
mistake . . . . . . . . _ .

See also Appeals; Equity; Evidence; Limitation of actions;
Practice in civil actions; Service of process; Trustee
process.
Actors and actresses, booking agents of, etc., licensing and bonding

Acts'and resolves, approvalfof certain acts withheld by governor
blue book edition of, appropriation ....

number passed by general court .....
pamphlet edition of, appropriations ....

vetoed by governor ........

See also Laws; Statutes.
Actuary, state (see Savings bank life insurance).
Adams, town of (see Cities and towns).
Adjutant general (see Militia).
Administration, estates of deceased persons, of (see Estates of

ADMINISTRATION^ AND FINANCE, COMMISSION ON:

in general, appropriations . . . . . . I

supreme judicial court, decisions, etc., of, publication and
sale of, duties as to ._ . _. . ■ .

unemployment compensation commission, pubhcaticns of,
subject to approval of ..,,..

Chap.

115

478
495

Item or
Section.

1-6
3

418 2, Subs. 43

483

249
249
497

1-3

421, 422

694-704;
Page 290
695-705;

Pages 703,
704

497

387

229

318
483

118

378
249

249

351

1. 2

1-8
1-3
1, 2

Page 740

199

Page 740

198; Page

289

Pages 740,

741

249
497

402

149-152
150, 151

479 6, Subs. 40

818

Index.

ADMINISTRATION AND FINANCE, COMMISSION ON:—

Concluded.
budget commissioner, state planning board, budget estimates,
submission by, to ...... .

chairman, Norfolk state hospital for criminal insane, establish-
ment of, powers as to
Worcester state hospital, Summer Street department of,
transfer of control of certain land belonging to, powers as
to . . . • . . . • • • • Resolve

comptroller, aid and relief, division of, director of, amount of
bond of, to prescribe .......

Benoit, Napoleon, payment of sum of money by common-
wealth to, upon certification by . . . Resolve
Gosnold, town of, superintendence of schools in, duties as to
Grand Army of the Republic, Department of Massachusetts,
certain payments to, by commonwealth, vouchers to

Resolve
Massachusetts state college, accounts of, filing with
Millville, town of, notes issued by commonwealth to provide

funds for loans to, countersigning by .

north metropolitan sewerage district, additional sewers in,

construction of, vouchers for expenditures for, filing with

Salisbury Beach reservation, cost of maintenance of, duties

as to .........

state purchasing agent, purchase by, of certain articles and
supplies from division of the blind and employment of
blind persons by him for certain services
Administrative committee, district courts, of, appropriation

probate courts, of, appropriation ......

Administrators (see Executors and administrators).
Advertisements, employment, during strikes or other labor troubles,
laws regulating, right to prosecute for violation of, ex-
tended . .
Advisory council, state, establishment, powers, duties, etc. .
Aeronautical code, uniform, established .....

Affiliated companies (see Gas and electric companies, aflBliated

companies).
Affirmation (see Oath or affirmation).
Agawam, town of (see Cities and towns).

Age, discrimination against certain persons in employment on ac-
count of their, matter of preventing, consideration, etc.,
by commission on interstate compacts affecting labor and
industries ....... Resolve

investigation by department of labor and industries as to

Resolve
appropriation ........

Aged persons, adequate assistance to (see Old age assistance, so
called),
taxation, exemption from, of property of certain

assessments, certain, made upon property so exempt,
suspension of payment of .....

Agents, alcoholic beverages, representing out of state principals in
sales of, to licensed wholesalers, deliveries by, from
United States bonded warehouses ....

licensing of ........ .

salesmen of, permits for .......

transportation of samples by, and their salesmen, permits for .
insurance (see Insurance, agents).

theatrical booking, personal agents, etc., licensing and bonding
of certain .........

Agricultural products, production, distribution and sale of, etc.,
certain benefits provided for in an act of congress for re-
search into matters pertaining to, securing by com-
monwealth ........

Agricultural worlc, employees engaged in, wages of, monthly pay-
ment of ........ ,

Agriculture, trailers used for purposes of, operation upon ways
AGRICULTURE, DEPARTMENT OF:

in general, appropriations ......

/hap.

Item or
Section.

475

421

311

52
138

9
288

470

478

415

3,4

397
249
249

67
64

114

479 4;
418

5, Subs. 41
1, 2

■{

33
497

294
322

440
440
440
440

378

462

360
223

249

497

437a

eggs, sale and distribution of, provisions of law relative to,
enforcement by . . . . ,

17,24

1,2

1. 2

229-261
230-26,a

369

Index. 819

Item"or
Chap. Section.

AGRICULTURE, DEPARTMENT OF :— Concluded.
commissioner:^

bovine animals, certain dealers in, licensing of, rules and regu-
lations as to, etc., approval by , . . . . 426

poultry, business of buying or selling, licenses for, issued by,

date of expiration . . . . . . .157

advisory board, appeal to, upon refusal or revocation of

licenses of certain dealers in bovine animals . . . 426

divisions, etc., of:

dairying and animal husbandry, appropriations .

livestock disease control, appropriations ....

director of, licensing by, of certain dealers in bovine animals
markets, appropriations .......

249

235-238

497

235, 236

249

254-260

497

260

426

249

241, 242

497

242

249

246

497

246

249

239, 240

249

243-245

295

1-6

418

1,2

440

24,

440

1.2

440

36,

,38

440

440 22,

24, 32,

,33

milk control board, appropriations ....

plant pest control, appropriations . .

reclamation, soil survey and fairs, appropriations
Aid, civil power, to, calling out of militia as, further regulated

state and military (see State aid, military aid and soldiers' relief),
state, and pensions, commissioner of (see State aid and pensions,

commissioner of).
See also Mothers' aid, so called; Old age assistance, so called.
Aid and relief, division of (see Public welfare, department of).
Aircraft, operation, etc., of, uniform aeronautical code governing,
etc. . . . . . . . . . .

Alcohol, in general, aliens, sale, transportation, etc., by, prohibited
analysis, taking samples for . . _ .

assignees, insurers, etc., sale, transportation, etc., by
definition of, under liquor control law ....

illegal keeping for sale or transportation of, prima facie evi-
dence of ......... '

minors, false statements, etc., by, to procure sale or delivery
of, penalty ........

Bales by or to, prohibited . . . . . .

sales or delivery to, procuring by false representation,
penalty . . . . . . . . _ .

pharmacists, sale by, certificates of fitness for, date of expira-
tion of ........ .

search and seizure ........

storage, prohibited, except as authorized, etc.
transportation, delivery, etc. . .

denatured, licenses for sale of, provisions of liquor control act

requiring, eliminated . . . . . . . 440 43

methyl, shellac varnish and shellac solvent containing, etc.,
manufacturing, dealing in, etc., without license, author-
ized 342

ALCOHOLIC BEVERAGES:

manufacture, transportation, storage, sale, importation
and exportation of:
agents, brokers and solicitors representing out of state prin-
cipals in sales to licensed wholesalers, deliveries by, from
United States bonded warehouses ....

licensing of ........ •

salesmen of, permits for . . . . . .

transportation of samples by, and their salesmen, permits for
analysis, taking samples for . . . . . _ .

appeals to commission in case of refusal of transfer of certain
licenses . . . . .

bars or counters, serving and drinking at .
bonds, filing by licensees , . . .

cider, manufacturers of, or other alcoholic beverages from
apples, license fee .......

clubs, number of licenses for . . . . .

See also, infra, sales, retail, to be drunk on premises,
compounding by wholesalers and importers ■.-.•.
conduct of business being done under licenses, investigation by

alcoholic beverages control commission
delivery to minors, procuring by false representation, penalty
druggists, books, prescriptions, etc., of certain, to be kept on

premises and be open to inspection .... 440 30

440
440
440
440
440

17,24
20

22,24
40

440
253
440

1-5

440
440

19
15

440

440
146

820 Index.

Item or
Chap. Section.

ALCOHOLIC BEVERAGES— Conimued.

manufacture, transportation, storage, sale, importation
and exportation of — Continued.
druggists, drinking on premises prohibited . . . . 440 25,26

sales by, certificates of fitness for, date of expiration of .83 1, 2

hours for ........ . 440 26

medicinal, etc., purposes, for, licenses for, applications for,

publication of notice of . . . . . . 440 13

original packages only, in . . _ _ . _. . . 440 26

term "alcoholic liquors" used in provisions of liquor control

law relating to, changed to "alcoholic beverages" . . 440 /25, 26, 28,

\ 29, 31

dwellings, search and seizure in, by investi<rators of alcoholic
beverages control commission, certain provisions as to,
eliminated . . . . . . . . 440 37

excise payable to commonwealth for privilege of manufactur-
ing and selling or importing and selling, payment from
proceeds of, of expenses of department of public welfare
for administration of old age assistance . . . 442

wines to be used for sacramental purposes exempted from 440 21

fees, alcoholic beverages control commission, received by,
payment from, of expenses of department of public welfare
for administration of old age assistance . . . 442

manufacturers' licenses in case of manufacturers of cider or
other alcoholic beverage from apples ....

refunds .........

restaurant licenses, six day and seven day
tavern licenses for sale of wines and malt beverages only
foreign importers and manufacturers, selling agents of, de-
liveries by, from United States bonded warehouses
licensing of ....... .

salesmen of, permits for . . . . . .

transportation of samples by, and their salesmen, permits

for . .

hotels, serving and drinking in .

See also, infra, sales, retail, to be drunk on premises,
hours during which sales may be made by certain licensees
further regulated . . . . . . . f

illegal keeping for sale or illegal transportation, prima facie

evidence of ....... . 440 9, 32

importers (see, infra, wholesalers and importers),
licenses and permits:

in general, bonds of licensees, filing, etc. ....

death of permittee, exercise of authority by executor or

administrator in case of .
fees for (see, supra, fees),
licensing boards, appointment, etc. ....

traveling expenses of ..... .

transfers of ....... .

agents, brokers and solicitors representing out of state prin-
cipals in sales to licensed wholesalers
salesmen of, permits for ......

transportation of samples by, and their salesmen, permits
for .........

manufacturers, fee for license in case of manufacturer of
cider or other alcoholic beverage from apples
issuance to citizens and residents of commonwealth
sales, retail, not to be drunk on premises, applications for,
notice of, publication, etc. .....

druggists, certificates of fitness for, date of expiration

number ........

summer resorts, seasonal licenses for, duration of
to be drunk on premises, applications for, notice of,

publication, etc. . . . . . _ . 440 13

indoor or outdoor activities or enterprises, special
licenses for sale of wines and malt beverages only
at, restriction as to .
number of licenses ......

railroad or car corporations . . ' .

restaurants, six day and seven day licenses for
serving and driaking, manner of, etc., under

440
440
440
440

440
440
440

17, 24

440
253

22, 24
2,3, 5

440
468

26
1,2

440

440
440
440

4
23

440
440

17,24
20

440

440
440

19
18

440

83
440

1.2
15

440

7, 8

253

1-5

Index. 821

440

1-4

197

1-4

281

1-4

440

440 .

440

440 f

25, 26, 28,

29, 31

440

442

440

146

440

1,2

440

Item or
Chap. Section.

ALCOHOLIC BEVERAGES— Conti/med.

manufacture, transportation, storage, sale, importation
and exportation of — Contir.ued.
sales, retail, to be drunk on premises, summer resorts, seasonal

licenses for, duration of . . . .81

taverns, fee for license for sale in, of wines and malt
beverages only ......

repeal of certain obsolete provisions as to .
vessels carrying passengers .....

voting at current annual town meetings in certain towns f
on questions of granting licenses in said towns . . ]

salesmen of wholesalers' and importers' agents, brokers, etc.
storage, assignees, insurers, etc., by, special permits for
transportation permits, vehicles used under, ownership, etc.
wholesalers and importers, issuance to citizens and residents

of commonwealth .......

"liquors, alcoholic", term, as used in certain provisions of

liquor control law changed to "alcoholic beverages"

manufacturers, citizens and residents of commonwealth, to be

excise tax payable by, payment from proceeds of, expenses of

department of public welfare for administration of old age

assistance ........

wines to be used for sacramental purposes exempted from

minors, sales or delivery to, procuring by false representation,

penalty .........

mortgaging, storage by mortgagee .....

Nantasket beach reservation, sale near, certain restrictions
relative to, removed .......

number of certain licenses that may be issued

package stores (see, supra, licenses and permits, sales, retail,

not to be drunk on premises),
penalty, general ........ 440 39

pharmacists (see, supra, druggists).

pledging, storage by pledgee ......

price lists, prices stated in, sales in package stores at, required
private use, storage for, provisions not applicable to
prohibited, except, etc. .......

publication of notice of applications for certain licenses
railroad or car corporations, certain cars of, sale in, licenses for
refunds of fees .........

restaurants, serving and drinking in .

six day and seven day licenses for .....

See also, infra, sales, retail, to be drunk on premises,
sacramental purposes, wines to be used for, exempted from
excise, etc. ........

sales, illegal keeping for, prima facie evidence of .
minors, to, procuring by false representation, penalty
retail, not to be drunk on premises, druggists, by (see,
supra, druggists),
price lists, prices stated in, sales at, required . 440 12

to be drunk on premises, bars or counters, serving and
drinking at .......

hours during which may be made, further regulated .
serving and drinking, manner of, etc.
wholesale (see, infra, wholesalers and importers).
See also, supra, licenses and permits, sales,
salesmen of wholesalers' and importers' agents, brokers, etc.,
permits for ........

search and seizure, by investigators of alcoholic beverages
control commission .......

seasonal licenses for sales at summer resorts, duration of
storage, private use, for, provisions not applicable to

prohibited, except as authorized, etc. ....

successors of licensees, transfer of licenses to certain
summer resorts, sale at, seasonal licenses for, duration of
taverns, fee for license for sale in, of wines and malt beverages
only . . . . . .

licensing of, repeal of certain obsolete provisions as to
serving and drinking in .

See also, supra, sales, retail, to be drunk on premises,
transfers of licenses ........ 440 23

440

253

2,3, 5

440

7,8

440

9,32

146

253

1-5

468

1.2

253

1-5

440

37,38

440

440 .

440

• 6

253

1-3. 5

822

Index.

Chap.
ALCOHOLIC' BEVERAGES— Concluded.

manufacture, transportation, storage, sale, importation
and exportation of — Concluded.
transportation, illegal, prima facie evidence of . . . 440

vehicles for, ownership, etc. . . . . . . 440

vessels, passenger, sale upon, licenses for .... 440

wholesalers and importers, citizens and residents of com-

Ti(> monwealth, to be . . . . . . . 440

compounding of alcoholic beverages by . . . . 440

excise tax payable by, payment from proceeds of, of ex-
penses of department of public welfare for administra-
tion of old age assistance ..... 442

wines to be used for sacramental purposes exempted from 440
sales^to, agents, brokers and solicitors representing out of
state principals in, deliveries by, from United States
bonded warehouses ......

licensing of . .

salesmen of, permits for . . . .

transportation of samples by, and their salesmen, per-
mits for . . , . . . . _ .

wines and malt beverages only, sacramental purposes, wines
to be used for, exempted from excise, etc. . .

special licenses for sale of, issuance to managers of indoor or

outdoor activities or enterprises, restrictions as to .
tavern licenses for sale of, fee for .....

women, serving to or drinking by, in hotels, restaurants or clubs
See also Intoxi; atine liquors.
ALCOHOLIC BEVERAGES CONTROL COMMISSION:

appropriations . . . . . . . . . /

fees received by, payment from, of expenses of department of

public welfare for administration of old age assistance
investigators of, druggists, record book, prescriptions, etc., of
certain, inspection by .

enforcement of provisions of liquor control law by
impersonation, false, of, penalty .....

search and seizure by .......

Item or
Section.

32
22
10

16
16

powers and duties

See also, supra, Alcoholic beverages.
ALDERMEN:

election results at state elections, declaration by ... 55
horse and dog racing meetings at which pari-mutuel system of
betting is permitted, location of tracks for holding of,
approval by ....... . 454

not required in certain cases . , , ._ . . • • .471

Beaworms, control, regulation or prohibition of taking of, powers

as to .110

theatrical booking agents, personal agents and managers, licens-
ing and bonding of certain, powers and duties as to . 378
See also City councils.
Aliens, alcohol, sale, etc., by, prohibited ..... 440

listing, annual, of ........ 345

"Allegiance to the Flag, Pledge of," school teachers and pupils

required to recite ....... 258

Allen, Irene B. , restoration of, to full benefits under state retirement

system . . . . . . . . . 293

Virginia, payment of compensation by commonwealth on account

of certain injuries sustained by . . . Resolve 44

American Education Week, proclamation, annual, by governor

relative to . . . . . . . _ . 96

Americanization, immigration and, division of (see Education,

department of).
Amesbury, town of (see Cities and towns).
Amherst, town of (see Cities and towns).

Water Company, property, rights and privileges of, purchase by

town of Amherst, voting by said town on question of . 231
Amusements, innholders, common victuallers, etc., conducting
certain, etc., licenses for, made co-terminous with licenses
for sale of alcoholic beverages ..... 102

440

17,24

440

22,24

440

253

3,5

249

167

497

167

442

440

37,38

10, 13.

16-20,

440

22-

-24, 30,

37,

38, 41,
42,44

24,33
1,2

1.2

Index. 823

Item or
Chap. Section.

Ancient River Corporation, revived ...... 274

Andover, town of (see Cities and towns).

Animal husbandry, dairying and, division of (see Agriculture,

department of).
Animal Industry, laws as to, term "domestic animals" as used in,

defined ......... 70

Animals, bovine, certain dealers in, licensing of . . . . 426

domestic, definition of term, as used in animal industry laws . 70
inspectors of, reimbursement of certain towns for, appropriation 249 261

See also Game and inland fisheries; Poultry; and specific titles of
animals.
Annuities, Boston University, Trustees of, making by, of contracts

to pay, etc. ........ 166 1, 2

dependents of certain public employees killed or dying from in-
juries received or hazards undergone in performance of
duty, payment to ...... .

soldiers and others, of, appropriation .....

See also Insurance; Retirement systems and pensions.
Apartment houses, residential, janitors in, exempted from certain

provisions of law relative to one day's rest in seven
Apiaries, inspection of, appropriation ......

APPEAL, BOARDS OF:

fire insurance rates, on, appropriation .....

motor vehicle liability policies and bonds, on, appropriations . f

hearings, holding at any place within commonwealth by
municipal zoning laws, under, powers of ....

tax appeals, abatements of local taxes, proceedings for, before,
provision for adequate discovery in ... .

appropriations . . . . . . . . . f

procedure before ........

unemployment compensation law, under ....

Appeals, agriculture, department of, advisory board of, to, upon
refusal or revocation of licenses of certain dealers in
bovine animals ........

alcoholic beverages control commission, to ... .

district coiu-ts, to, from decisions of board of registration of hair-
dressers .........

labor and industries, commissioner of, orders, etc., of, from, to
associate commissioners ......

superior court, to, workmen's compensation cases, in, represen-
tation of industrial accident board in, and provision for
speedy hearings in such cases . . . .

supreme judicial court, to, death, crimes punishable by, in case of f

unemployment compensation law, under . . . _ . 479 5, Subs. 35-38

Appellate divisions, district courts, of, powers and duties as to trial
together of two or more actions arising out of same motor
vehicle accident pending in district courts . . . 483 1-3

Appropriations, cities and towns, by (see Municipal finance),
counties, for maintenance of certain, etc.

249

700

423
249

2
234

249
249
497
419
388

309
307
307

1.2

276

249
497
447
479 5,

216, 217

216

Subs. 35-38

426
440

428 f

2, Suba.
iL87HH

461

484

437

3,4,6
3,4,8

299

1,2

347

249

1-9

497

1-4

state departments, boards, commissions, institutions, etc., for]
maintenance of, etc. . . . . • . . • .

See also specific titles of departments, boards, commissions, in-
stitutions, etc.; State finance.
Arbitration, conciliation and, board of (see Labor and indus-
tries, department of).
Archives, Massachusetts, reproduction of manuscript collection,

appropriation ........ 249 192

Arlington, town of (see Cities and towns).

f 249 141, 142;

Armories, appropriations . . . . . . . . i Page 288

[ 497 141

superintendent of, appropriation ...... 249 137

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