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




3PC7»»T'?Vr^T5^T?5?^ 



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 



OF 



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 


30 


Chatham 








673 


6,060,832 


82 


Dennis . 








659 


3,613,299 


51 


Eastham 








205 


1,250,808 


17 


Falmouth 








2,091 


21,990,396 


2 92 


Harwich 








783 


6,.307,873 


86 


Mashpee 








121 


917,719 


13 


Orleans . 








484 


3,811,303 


52 


Provincetown 








1,196 


4,457,839 


67 


Sandwich 








458 


2,815,373 


39 


Truro . 








170 


1,591,876 


21 


Wellfleet 








306 


2,080,124 


29 


Yarmouth 








642 


5,029,136 


68 


Totals 








11,795 


$96,574,338 


$13 09 



BERKSHIRE COUNTY. 



Adams .... 


3,613 


$10,792,259 


$1 69 


Alford .... 


79 


303,405 


05 


Becket .... 


254 


916,067 


14 


Cheshire 


493 


1,441,828 


23 


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 


19 


Great Barrington 






1,965 


9,414,781 


1 36 


Hancock 






133 


453,935 


07 


Hinsdale 






382 


1,012,421 


16 


Lanesborough 






377 


1,255,905 


19 


Lee 






1,263 


5,199,817 


77 


Lenox 






964 


6,712,781 


92 


Monterey 






118 


864,606 


12 


Mount Washington 






21 


225,191 


03 


New Ashford . 






29 


158,547 


02 


New Marlborough 






311 


1,399,771 


20 


North Adams . 






6,503 


24,522,658 


3 68 


Otis 






141 


592,621 


09 


Peru 






49 


312,590 


04 


Pittsfield 






14,390 


64,856,706 


9 44 


Richmond 






220 


773,723 


12 


Sandisfield 






169 


701,124 


10 


Savoy 






127 


200,424 


04 


Sheffield 






548 


1,516,631 


24 


Stockbridge 






685 


5,548,116 


75 


Tyringham 






86 


500,982 


07 


Washington 






86 


220,773 


04 


West Stockbridge 






361 


1,312,691 


20 


Williamstown . 






1,414 


8,103,821 


1 14 


Windsor 






122 


504,895 


07 


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 


14 


Dartmouth 






2,840 


11,900,714 


1 75 


Dighton 






907 


3,836,684 


56 


Easton . 






1,791 


5,645,645 


88 


Fairhaven 






3,275 


11,665,456 


1 77 


Fall River 






34,313 


114,257,-342 


17 53 


Freetown 






540 


1,472,811 


24 


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 


38 


Raynham 
Rchoboth 






602 


1.845,817 


29 






860 


2,513,4.53 


40 


Seekonk 






1,358 


5,121,696 


77 


Somerset 






1,668 


13,033,059 


1 77 


Swansea 






1,332 


4,648,350 


71 


Taunton 






11,016 


37,747,185 


5 76 


Westport 






1,352 


5,856,596 


86 


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 


96 


$709,010 


$0 10 


Edgartown 








445 


4,965,719 


66 


Gay Head 








44 


147,555 


02 


Gosnold . 








54 


1,385,000 


18 


Oak Bluffs 








560 


5,335,023 


71 


Tisburv . 








498 


5,645,951 


75 


West Tisbury 








93 


913,580 


12 


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 


21 


Danvers 






3,457 


14,163,373 


2 09 


Essex 






530 


2,019,404 


30 


Georgetown 






634 


2,008,318 


31 


Gloucester 






7,767 


41,402,594 


5 89 


Groveland 






736 


1,662,-553 


28 


Hamilton 






692 


6,016,008 


81 


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 


56 


Manchester 






877 


12,266,880 


1 60 


Marblchead 






3,228 


20,689,698 


2 88 


Merrimac 






752 


1,.539,185 


27 


Methuen 






6,365 


20,366,021 


3 15 


Middloton 






462 


2,155,927 


31 


Nahant . 






660 


6,2.52,371 


84 


Newbury 






519 


2,220,924 


33 


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 


88 


Rowley 






487 


1,503,696 


23 


Salem 






12,416 


61,142,467 


8 79 


Salisbury 






802 


3,, 54 1,5 12 


52 


Saugus . 






4,787 


15,713,8.54 


2 42 


Swamnscott 






3,304 


27,268,-571 


3 69 


Topsfield 






364 


4,012,594 


53 


Wenham 






393 


4,011,097 


53 


West Newbury 




458 


1,513,561 


23 


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 

89 

96 

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 


12 


Brimfield 






319 


963,058 


15 


Chester . 






478 


1,4.58,554 


23 


Chicopee 






11,329 


42,446,529 


6 37 


East Longmeadow 






1,038 


4,025,347 


60 


Granville 






228 


2,015,693 


27 


Hampden 






296 


706,200 


12 


Holland . 






65 


214,411 


03 


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 


56 


Montgomery . 






67 


301,711 


04 


Palmer . 






2,669 


8,564,981 


1 32 


Russell . 






382 


4,464,829 


59 


Southwick 






472 


2,250,633 


32 


Springfield 






43,947 


306,672,889 


42 23 


Tolland . 






52 


402,469 


05 


Wales 






137 


378,361 


06 


West Springfield 






5,143 


26,244,480 


3 75 


Westfiold 






5,729 


19,874,1.58 


3 02 


Wilbraham 






844 


3,109,.577 


47 


Totals 






96,893 


$550,802,. 505 


$77 62 



8 



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 


26 


Chesterfield 








156 


680,450 


10 


Cummington 








195 


557,488 


09 


Easthampton 








3,105 


10,497,268 


1 61 


Enfield . 








183 


457,048 


07 


Goshen . 








84 


365,673 


05 


Granby . 








329 


1,005,790 


16 


Greenwich 








79 


603,163 


08 


Hadley . 








743 


3,028,755 


45 


Hatfield . 








711 


2,731,693 


41 


Huntington 








450 


1,013,236 


17 


Middlefield 








87 


321,631 


05 


Northampton 








6,053 


28,352,152 


4 10 


Pelham . 








155 


753,185 


11 


Plainfield 








102 


353,522 


05 


Prescott 








8 


26,012 


01 


South Hadley 








2,000 


9,033,148 


1 31 


Southampton 








299 


1,006,746 


15 


Ware 








2,383 


5,421,078 


91 


Westhampton 








119 


411,400 


06 


Williamsbiu-g 








556 


1,231,024 


21 


Worthington 








172 


652,289 


10 


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 


16 


Ashland . 








763 


2,958,051 


44 


Ayer 








929 


3,685,717 


55 


Bedford . 








555 


2,929,-301 


42 


Belmont 








7,263 


51,493,324 


7 08 


Billerica 








2,095 


9,853,115 


1 43 


Boxborough 








134 


375,037 


06 


Burlington 








625 


2,521,831 


37 


Cambridge 








32,733 


196,554,808 


27 52 


Carlisle . 








235 


1,112,623 


16 


Chelmsford 








2,293 


7,107,516 


1 11 


Concord . 








1,989 


10,614,011 


1 51 


Dracut . 








1,922 


4,126,021 


70 


Dunstable 








141 


465,184 


07 


Everett . 








14,153 


75,943,336 


10 79 


Framingham 








6,592 


37,316,726 


5 26 


Groton . 








835 


5,615,291 


78 


HoUiston 








905 


4,025,305 


59 


Hopkinton 








813 


3,037,636 


46 


Hudson . 








2,552 


7,228,465 


1 15 


Lexington 








3,326 


23,247,085 


3 20 


Lincoln . 








512 


3,510,696 


48 


Littleton 








556 


3,032,768 


43 


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 


39 


Pepperell 








948 


3,103,862 


48 


Reading 








3,200 


17,125,038 


2 43 


S her born 








345 


2,511,648 


34 


Shirley . 








646 


2,102,089 


32 


Somerville 








30,862 


122,288,229 


18 17 


Stoneham 








3,279 


15,198,900 


2 20 


Stow 








390 


1,497,471 


22 


Sudbury 








487 


3,027,593 


42 


Tewksbury 








946 


4,605,585 


66 


Townsend 








647 


2,600,179 


39 


Tyngsborough 








440 


1,652,468 


25 


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 


87 


Westford 








1,068 


4,458,384 


66 


Weston . 








1,352 


10,554,209 


1 44 


Wilmington 








1,246 


4,412,259 


67 


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 


41 


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 


69 


Foxborough 








1,440 


6,011,992 


89 


Franklin 








2,256 


9,606,739 


1 41 


Holhrook 








1,000 


3,529,479 


54 


Medfield 








744 


2,757,392 


41 



10 



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 


49 


Milton 








5,383 


38,777,417 


5 32 


Needham 








3,619 


25,942,164 


3 56 


Norfolk . 








417 


1.667,516 


25 


Norwood 








4,784 


27,145,060 


3 83 


Plainville 








511 


1,653,844 


26 


Quincy . 








22,948 


130,982,970 


18 46 


Randolph 








1,910 


6,164,390 


95 


Sharon 








1,143 


6,503,801 


92 


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 


74 


Weymouth 








6,808 


49,677,156 


6 81 


Wrentham 








763 


3,844,339 


55 


Totals 








91,885 


$642,918,593 


$88 53 



PLYMOUTH COUNTY. 



Abington 


1,831 


$5,983,883 


$0 92 


Bridgewater . 






2,043 


5,979,292 


94 


Brockton 






20,119 


80,020,975 


11 88 


Carver . 






525 


3,188,745 


45 


Duxbury 






748 


7,393,436 


99 


East Bridgewater 






1,165 


5,387,198 


78 


Halifax . 






264 


1,492,251 


21 


Hanover 






887 


3,953,481 


58 


Hanson . 






785 


2,843,908 


43 


Hingham 






2,057 


16,099,731 


2 19 


Hull 






941 


18,720,207 


2 40 


Kingston 






923 


4,483,307 


65 


Lakeville 






505 


1,424,772 


23 


Marion . 






574 


5,366,763 


72 


Marshfield 






631 


7,928,706 


1 04 


Mattapoisett . 






562 


4,036,617 


55 


Middleborough 






2,732 


9,440,403 


1 44 


Norwell 






550 


2,134,378 


32 


Pembroke 






545 


2,9.52,122 


42 


Plymouth 






4,301 


26,153,489 


3 66 


Plympton 






199 


758,378 


11 


Rochester 






406 


1,353,334 


21 


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 


49 


Whitman 






2,435 


8,703,040 


1 32 


Totals 






52,924 


$263,903,806 


$37 86 



Acts, 1935. —Chap. 3. 
suffolk county. 



11 



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 


97 


Barre 






1,130 


3,186,361 


51 


Berlin 






348 


1,072,282 


17 


Blackstone 






1,072 


2,414,543 


41 


Bolton . 






271 


1,152,067 


17 


Boylston 






382 


950,680 


16 


Brookfield 






410 


1,417,098 


22 


Charlton 






695 


1,907,350 


30 


Clinton . 






3,421 


11,910,562 


1 81 


Dana 






136 


488,307 


07 


Douglas . 






676 


1,960,423 


31 


Dudley . 






1,267 


3,4.53,978 


55 


East Brookfielc 


1 




308 


1,159,871 


17 


Fitchburg 






12,315 


53,721,118 


7 86 


Gardner 






5,949 


24,071,973 


3 56 


Grafton . 






1,704 


4,648,260 


74 


Hardwick 






751 


1,833,293 


30 


Harvard 






356 


2,600,092 


36 


Holden . 






1,160 


3,-378,038 


53 


Hopedale 






976 


8,498,780 


1 15 


Hubbardston 






362 


781,981 


13 


Lancaster 






710 


3,503,782 


50 


Leicester 






1,225 


3,453,742 


55 


Leominster 






6,699 


28,081,725 


4 13 


Lunenlnu-g 






666 


2,322,446 


35 


Mendon 






400 


1,373,-598 


21 


Milford . 






4,360 


15,8.52,783 


2 39 


Millbury 






2,094 


6,241,121 


98 


Millville 






583 


1,072,005 


19 


New Braintree 




158 


522,920 


08 


North Brookfield 




961 


2,488,891 


40 


Northl:)orough 




655 


2,108,465 


33 


Northbridgc . 




3,116 


10,074,770 


1 55 


Oakham 






154 


451,309 


07 


Oxford . 






1,277 


3,162,907 


52 


Paxton . 






243 


976,903 


14 


Petersham 






227 


1,556,0.34 


21 


PhiUipston 






123 


401,220 


06 


Princeton 






249 


1,329,947 


19 


Royalston 






274 


8-56,710 


13 


Rutland 






563 


1,3-52,257 


22 


Shrewsbury 






2,082 


9,449,091 


1 37 


Southborough 




669 


3,839,873 


54 



12 



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 


77 


Sterling . 








506 


1,988,930 


30 


Sturbridge 








627 


1,413,655 


24 


Sutton . 








688 


1,793,420 


29 


Templeton 








1,227 


3,306,220 


53 


Upton 








6.56 


1,468,848 


25 


Uxbridge 








1,932 


8,368,263 


1 23 


Warren . 








1,123 


2,.599,728 


43 


Webster 








4,031 


11,048,452 


1 77 


West Boylston 






613 


2,303,435 


35 


West Brookfield 






420 


1,470,146 


22 


Westborough . 






1,.331 


4,869,972 


73 


Westminster . 






532 


1,784,166 


27 


Winchendon . 






2,045 


5,741,929 


91 


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 



14 



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. 



16 



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. 



39 



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. 



42 



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 



44 



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. 



46 



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. 



47 



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 



48 



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. 



49 



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 



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 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 



50 



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. 



51 



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. 

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

Be it enacted, etc., as follows: 

Section 1. Chapter 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 



54 



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. 



55 



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. 



56 



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 



58 



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. 



Register 
number of 
motor vehicles 
defined. 



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 



60 



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. 



61 



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. 



in 



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. 



63 



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. 



64 



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 



66 



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. 

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 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. 



67 



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. 



68 



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. 

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 at some definite 



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. 



87 



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. 



88 



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. 



93 



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. 



94 



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. 



95 



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. 



96 



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. 



99 



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. 



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 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. 



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

Be it enacted, etc., as follows: 

Section 1. Chapter 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. 



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

Be it enacted, etc., as follows: 

Section 1. 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. 

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: 

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. 

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 safety and convenience. 

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 



i 



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. 



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 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. 

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

Be it enacted, etc., as follows: 

The 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. 

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 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. 

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, or the purchasing 



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. 

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 



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. 

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

Be it enacted, etc., as follows: 

Section 1. 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. 



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-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. 

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

Be it enacted, etc., as follows: 

Section 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. 

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, 
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. 

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 



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. 

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. 



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 



1 



\ 



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 



1 

I 



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 



1 



\ 



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 



I 



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. 



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: 

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 



1 



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. 

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

Be it enacted, etc., as follows: 

The 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. 

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: 

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