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

See other formats

ACTS

RESOLVES

PASSED BY THE

deneral ^ourt n| gHausatlmsetts

IN THE YEAR

1936

TOGETHEK WITH

TABLES SHOWING CHANGES IN THE STATUTES, ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH

BOSTON

WRIGHT & POTTER PRINTING COMPANY

1936

ACTS AND RESOLVES

MASSACHUSETTS
1936

^F" The General Court, which was chosen November 6, 1934, assembled on
Wednesday, the first day of January, 1936, for its second annual session.

His Excellency James M. Curley and His Honor Joseph L. Hurley continued
to serve as Governor and Lieutenant Governor, respectively, for the political
year of 1936.

ACTS.

An Act validating certain acts and proceedings of (JJidj) i

THE SUDBURY WATER DISTRICT OF SUDBURY. ^'

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 organization, the election of officers and
all other acts, proceedings and votes of the Sudbury water
district of Sudbury, established under chapter one hundred
of the acts of nineteen hundred and thirty-four, at its first
meeting held April twenty-fifth in the year nineteen hundred
and thirty-four and at the adjourned session of said first
meeting held May second in said year, and the election of
officers and all other acts, proceedings and votes of said
district at its annual meeting held September twenty-fifth
in the j^ear nineteen hundred and thirty-five, in so far as
said organization, meetings, elections, acts, proceedings and
votes, or any of them, may have been invalid by reason of
any failure legally to petition or apply for, to call and to give
notice of said meetings, or any of them, are hereby validated
and confirmed.

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

Approved January 13, 1936.

Chap.

An Act relative to the preparation of voting lists
to be used at party primaries and to nomination
papers therefor.

Whereas, It is essential that this act apply to voting lists Emergency
for use at party primaries in the current year, therefore it is preamble.
hereby declared to be an emergency law, necessary for the
immediate preservation of the pubHc convenience.

Be it enacted, etc., as follows:

Section 1. Section fifty-five of chapter fifty-one of the g. l. (Ter.
General Laws, as most recently amended by section fifteen ftc'^ 'amended
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 following: — Notwithstanding voting lists
the foregoing, the voting list to be used at party primaries ^°i^ari^
shall be that of the year preceding, revised as aforesaid.

Section 2. Section seven of chapter fifty-three of the g. l. (Ter.
General Laws, as most recently amended by section sixteen ftc;!amendld.'^
of said chapter two hundred and fifty-four, is hereby further
amended by inserting after the word "more" in the eleventh

Acts, 1936. — Chaps. 3, 4.

Signatures
on nomina-
tion papers.

line the following new sentence : — Notwithstanding the fore-
going, every voter signing a nomination paper for party
primaries shall, in lieu of stating his residence on January
first preceding, state his residence on January first of the
year preceding the year of such primaries.

Approved January 22, 1936.

Chap. 3 An Act making the provisions of the civil service

LAWS applicable TO THE TOWN OF DEDHAM WITH RE-
SPECT TO ITS DEPARTMENT OF PUBLIC WORKS.

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 Ded-
ham with respect to all appointive offices and positions in
the department of public works of said town.

Section 2. Chapter twenty-nine of the acts of nineteen
hundred and thirty-five is hereby repealed.

Section 3. 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 gen-
eral court in the year nineteen hundred and thirty-six, en-
titled 'An Act making the Provisions of the Civil Service
Laws Applicable to the Town of Dedham with Respect to
its Department of PubHc Works', 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 January 22, 1936.

Chap. 4 An Act relative to the certification of names on
nomination papers in the city of boston except in

THE case of city ELECTIONS.

Be it enacted, etc., as follows:

Section L Chapter fifty-three of the General Laws is
hereby amended by striking out section seven, as most
recently amended by section two of chapter two of the acts
of the current year, and inserting in place thereof the fol-
lowing:— Section 7. Every voter signing a nomination
paper shall sign in person, with his name as registered, and
shall state his residence on January first preceding, and the
place where he is then living, with the street and number,
if any; but any voter who is prevented by physical dis-
ability from writing or who had the right to vote on May
first, eighteen hundred and fifty-seven, may authorize some
person to write his name and residence in his presence; and
every voter may sign as many nomination papers for each

G. L. (Ter.
Ed.), 53, § 7,
etc., amended.

Nomination
papers, signa-
tures; form,
certification
of, etc.

Acts, 1936. — Chap. 4. t

office as there are persons to be elected thereto, and no
more. Notwithstanding the foregoing, every voter signing
a nomination paper for party primaries shall, in lieu of
stating his residence on January first preceding, state his
residence on January first of the year preceding the year of
such primaries. Every nomination paper of a candidate for
a state office and, except where otherwise provided by law,
of a candidate for a city or town office, shall be submitted,
on or before five o'clock in the afternoon of the Friday pre-
ceding the day on which it must be filed, to the registrars of
the city or town where the signers appear to be voters; pro-
vided, that in the city of Boston the last day for the submis-
sion of such nomination papers, other than those for city
elections, shall be the Tuesday preceding the day on which
such papers must be filed. In each case the registrars shall
check each name to be certified by them on the nomination
paper and shall forthwith certify thereon the number of
signatures so checked which are names of voters both in the
city or town and in the district for which the nomination is
made, and only names so checked shall be deemed to be
names of qualified voters for the purposes of nomination.
The registrars need not certify a greater number of names
than are required to make a nomination, increased by one
fifth thereof. Names not certified in the first instance shall
not thereafter be certified on the same nomination papers.
The state secretary shall not be required to receive nomi-
nation papers for a candidate after receiving such papers
containing a sufficient number of certified names to make
a nomination, increased by one fifth thereof.

Section 2. Section forty-six of chapter fifty-three of ^do.' 53]"' 46
the General Laws, as appearing in the Tercentenary Edi- ameAded.
tion, is hereby amended by adding at the end of the first
paragraph the following: — ; provided, that in the city of
Boston the last day for such submission shall be the Tuesday
preceding the day on which such papers must be filed, —
and by adding at the end of the second paragraph the fol-
lowing:— ; provided, that in the city of Boston the days
for holding meetings for such purpose shall be the four
Tuesdays or the two Tuesdays, as the case may be, next
preceding the date on which such papers are required so to
be filed, — so as to read as follows : — Section 46. Every Certification
nomination paper shall be submitted, on or before five paperT.'umi-"
o'clock in the afternoon of the Friday preceding the day on candrdatls
which it must be filed, to the registrars of the city or town
in which the signers appear to be voters, who shall check
each name to be certified by them on the nomination paper
and shall forthwith certify thereon the number of signa-
tures so checked which are names of voters both in the city
or town and in the district for which the nomination is
made, and who are not enrolled in any other party than
that whose nomination the candidate seeks, and only names
so checked shall be deemed to be names of qualified voters
for the purposes of nomination; provided, that in the city

Acts, 1936. — Chap. 5.

of Boston the last day for such submission shall be the
Tuesday preceding the day on which such papers must be
filed.

The provisions of section seven relative to the number of
names to be certified and received, and to names not certi-
fied in the first instance, shall apply to such papers. For
the purpose of certifying to the names on primary nomina-
tion papers the registrars shall hold meetings on the four
Fridays next preceding the date on which such papers are
required to be filed with the state secretary, except that for
primaries before special elections the meetings shall be held
on the two Fridays next preceding such date; provided, that
in the city of Boston the days for holding meetings for such
purpose shall be the four Tuesdays or the two Tuesdays, as
the case may be, next preceding the date on which such
papers are required so to be filed.

No person shall be a candidate for nomination for more
than one office; but this shall not apply to candidates for
membership in pohtical committees or delegations to the
state convention.

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

Approved January 27, 1936.

Chap. 5 An Act authorizing the town of brimfield to vote

AT A SPECIAL TOWN MEETING OR THE ANNUAL TOWN
MEETING IN THE CURRENT YEAR ON THE QUESTION OF
GRANTING LICENSES FOR THE SALE IN SAID TOWN OF ALCO-
HOLIC BEVERAGES.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Brimfield are
hereby authorized to insert in the warrant for the next an-
nual town meeting or a 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 con-
tained 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 nine-
teen hundred and thirty-three, and in section eleven A of
said chapter one hundred and thirty-eight, as most recently
amended by section six of chapter four hundred and forty
of the acts of nineteen hundred and thirty-five; and the
votes at said meeting on said questions shall have the same
force and effect from and after said meeting as if taken as
provided in said sections eleven and eleven A.

Acts, 1936. — Chap. 6.

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 votes taken hereunder.

Section 3. The votes, if any, last taken in the town of
Brimfield under the provisions of said sections eleven and
eleven A shall have no further force or effect from and after
the taking of the votes authorized by section one.

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

Approved January 27, 1936.

An Act authorizing the town of worthington 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 Worthington
are hereby authorized to insert in the warrant for its annual
town meeting in the current year an article or articles en-
abling 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 in sec-
tion eleven A of said chapter one hundred and thirty-eight,
as most recently amended by section six of chapter four
hundred and forty of the acts of nineteen hundred and
thirty-five; and the votes at said meeting on said questions
shall have the same force and effect from and after said
meeting as if taken as provided in said sections eleven and
eleven A.

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 sections eleven and eleven A. The ballots
shall be distributed at the polling place 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 votes taken hereunder.

Section 3. The votes, if any, last taken in the town of
Worthington under the provisions of said sections eleven and
eleven A shall have no further force or effect from and after
the taking of the votes authorized by section one.

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

Approved January 27, 1936.

Chap.

Acts, 1936. — Chaps. 7, 8.

Chap. 7 An Act authorizing the town of cummington to vote

AT ITS CURRENT ANNUAL TOWN MEETING ON THE QUES-
TION OF GRANTING LICENSES FOR THE SALE IN SAID TOWN
OF ALCOHOLIC BEVERAGES.

Be it enacted, etc., as foUoivs:

Section 1. The selectmen of the town of Cummington
are hereby authorized to insert in the warrant for its annual
town meeting in the current 3^ear an article or articles en-
abling 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 in sec-
tion eleven A of said chapter one hundred and thirty-eight,
as most recently amended by section six of chapter four
hundred and forty of the acts of nineteen hundred and
thirty-five; and the votes at said meeting on said questions
shall have the same force and effect from and after said
meeting as if taken as provided in said sections eleven and
eleven A.

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 sections eleven and eleven A. The ballots
shall be distributed at the polling place 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 votes taken hereunder.

Section 3. The votes, if any, last taken in the town of
Cummington under the provisions of said sections eleven
and eleven A shall have no further force or effect from and
after the taking of the votes authorized by section one.

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

Approved January 27, 1936.

Chap. 8 A.N Act authorizing the city of new Bedford to acquire,

MAINTAIN AND OPERATE HOMEr's WHARF IN SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city of New Bedford may acquire by
purchase or may take by eminent domain under chapter
seventy-nine of the General Laws the wharf property therein
known as Homer's wharf, and may maintain and operate the
same as a wharf and make regulations as to its use.

Section 2. For the purpose of acquiring and improving
said wharf property, the said city may appropriate the whole
or any part of the available balances now in its treasury to
the credit of the Municipal Hospital Loan, of Wharf Land

Acts, 1936. — Chap. 9.

Sale or of Land and Building Loan; and it may borrow, within
the statutory limit of indebtedness, such sums as it may deem
necessary and proper for said purpose, and may issue bonds
or notes therefor, which shall bear on their face the words, —
New Bedford Wharf Loan of 1936. Each authorized issue
shall constitute a separate loan, and such loans shall be paid
in not more than ten years from their date. Indebtedness
incurred under this act shall be subject to chapter forty-four
of the General Laws, exclusive of the limitation contained
in the first paragraph of section seven thereof.

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

Approved January 29, 1936.

An Act relative to the borrowing of money by the
county of barnstable for the equipping of the jail
and house of correction and for other purposes.

Be it enacted, etc., as follows:

Section 1. For the purpose of furnishing and originally
equipping the house of correction and jail of Barnstable
county and the other building or buildings authorized by
section one of chapter two hundred and thirty of the acts of
nineteen hundred and thirty-four, as amended by section
one of chapter fifty-one of the acts of nineteen hundred and
thirty-five, and for other purposes in connection with the
opening and use of such buildings, including taking by
eminent domain under chapter seventj''-nine of the General
Laws or acquiring by purchase of land for pasture and other
agricultural purposes and land for a sewage disposal plant,
the building of such plant, the construction of roads or ways
on land so taken or acquired or land now owned by said
county and the erection of power lines on and over said land,
authority to take by eminent domain or to acquire land, to
build a plant, to construct roads or ways and to erect power
lines, all as aforesaid, being hereby expressly granted, the
county treasurer shall, with the approval of the county com-
missioners, issue bonds or notes of the county in a total
amount not to exceed thirty thousand dollars, which shall
bear on their face the words. County of Barnstable House of
Correction Loan, Act of 1936, and such bonds or notes shall
be payable in not more than five years from their dates of
issue. Such notes or bonds shall be signed by the treasurer of
the county and countersigned by a majority of the county
commissioners. The county may sell the said securities at
public or private sale upon such terms and conditions as the
county commissioners may deem proper, but not for less than
their par value. Receipts from the sale of such bonds or notes
shall be applied to the pa^nnent of costs of the projects herein
set forth. Indebtedness incurred under this act shall, except
as herein provided, be subject to chapter thirty-five of the
General Laws.

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

Approved January 29, 1936.

Chap.

10 Acts, 1936. — Chap. 10.

Chap. 10 An Act establishing in the town of amherst represent-
ative TOWN government BY LIMITED TOWN MEETINGS.

Be it enacted, etc., as follows:

Section 1. There is hereby established in the town of
Amherst the form of representative town government by
hmited town meetings hereinafter set forth. Upon the ac-
ceptance of this act by the town of Amherst, as hereinafter
provided, the selectmen of the town and the board of asses-
sors, acting jointly and hereinafter referred to as the dis-
tricting board, shall forthwith divide the territory of the
town into not less than five nor more than eight voting pre-
cincts, each of which shall be plainly designated and shall
contain not less than two hundred and fifty 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 districting board
in December, once in five years, or in December of any year
when so directed by a vote of a representative town meeting
held not later than November twentieth of that year. Within
ten days after any establishment or revision of the precincts,
the districting board shall file a report of its 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 dis-
tricting board shall also cause to be posted in the town hall
a map or maps or description of the precincts as established
or revised from time to time, with the names and residences
of the registered voters therein; and it 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 districting board with the town clerk. Whenever
the precincts are established or revised, the town clerk shall
forthwith give written notice thereof to the state secretary,
stating the number and designation of the precincts. Meet-
ings of the registered voters of the several precincts for elec-
tions, for primaries, and for voting upon any question to be
submitted to all the registered voters of the town, shall be
held on the same day and at the same hour and at such place
or places within the town as the selectmen shall in the war-
rant for such meeting direct. The provisions of chapters
fifty to fifty-six, inclusive, of the General Laws, relating to
precinct voting at elections, shall apply to all elections and
primaries in the town upon the establishment of voting pre-
cincts as hereinbefore provided.

Section 2. Other than the officers designated in section
three and in the by-laws of the town as town meeting mem-

Acts, 1936. — Chap. 10. 11

bers at large, the representative town meeting membership
shall in each precinct consist of the largest number divisible
by three which will, as nearly as possible, provide one elected
town meeting member for every twenty registered voters
in the precinct in accordance with the list of registered voters
on the first day of January next preceding the election. The
registered voters in every precinct shall, at the first annual
town election held after the establishment of such precinct,
and the registered voters of any precinct affected by any
revision of precincts, at the first annual town election fol-
lowing such revision, conformably to the laws relative to
elections not inconsistent with this act, elect by ballot the
number of registered voters in the precinct, other than the oSi-
cers designated in section three and in the by-laws of the
town 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; and thereafter, except as is otherwise pro-
vided herein, at each annual town election the registered
voters of each precinct shall, in like manner, elect, for the
term of three years, one third of the number of elected town
meeting members to which such precinct is entitled, and shall
at such election fill for the unexpired term or terms any
vacancy or vacancies then existing in the number of elected
town meeting members in such precinct. In the case of a
tie vote affecting the division into thirds, as aforesaid, the
members elected from the precinct at the same election, other
than those whose terms of ofiice are affected by such tie vote,
shall by ballot determine which members receiving such tie
vote shall serve for the longer and which for the shorter
term. In the case of a tie vote affecting the election of town
meeting members in any precinct otherwise than as to term
of office, the members elected from such precinct at the same
election shall by ballot determine which of the voters re-
ceiving such tie vote shall serve as town meeting member
from such precinct. The terms of office of all elected town
meeting members from every precinct revised as aforesaid
shall cease upon the election as hereinbefore provided of their
successors. The town clerk shall, after every election of town
meeting members, forthwith notify each such member by
mail of his election.

Section 3. Any representative town meeting held under
the provisions of this act, except as otherwise provided herein,
shall be limited to the town meeting members elected under
section two, together with the following town meeting mem-
bers at large, namely: any member of the general court who
is a registered voter of the town, the moderator, the town
clerk, the selectmen, the assessors, the members of the school
committee, the town treasurer, the collector of taxes, the
town accountant, the chairman of the finance committee,

12 Acts, 1936. — Chap. 10.

the chairman of the board of health, the chairman of the
board of pubhc welfare, the chairman of the town planning
board, and such other town meeting members at large as may-
be provided for by the by-laws of the town, and authority to
adopt such by-laws is hereby conferred. Any elected town
meeting member who becomes by appointment or election
one of the officers designated as town meeting members at
large shall, upon such appointment or election, cease to be
an elected town meeting member. The town clerk shall
notify the town meeting members of the time and place at
which representative town meetings are to be held and the
notices shall be sent by mail at least seven days before the
meeting. The town meeting members, as aforesaid, shall be
the judges of the election and qualifications of their members.
A majority of the town meeting members shall constitute a
quorum for doing business, but a less number may organize
temporarily and may take a recess or adjourn from time to
time, but no town meeting shall adjourn over the date of an
election of town meeting members. All town meetings shall
be pubhc. The town meeting members as such shall receive
no compensation. Subject to such conditions as may be
determined from time to time by the members of the repre-
sentative town meeting, any registered 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 on the date
of such filing. A town meeting member who removes from
the town shall cease to be a town meeting member, and an
elected town meeting member who removes from one pre-
cinct to another may serve only until the next annual town
meeting.

Section 4. Nomination of candidates for town meeting
members to be elected under this act shall be made by nomi-
nation papers, which shall bear no political designation, but
to the name of a candidate for re-election ma}'^ be added the
words "Candidate for Re-election". Nomination papers
shall be signed by not less than ten voters of the precinct in
which the candidate resides, and shall be filed with the town
clerk at least ten days before the election. No nomination
papers shall be valid in respect to any candidate whose
written acceptance is not thereon or attached thereto when
filed.

Section 5. The articles in the warrant for every town
meeting, so far as they relate to the election of moderator,
town officers and town meeting members, and, as herein
provided, to referenda and all matters to be acted upon and
determined hj ballot, shall be so acted upon and determined
by the registei-ed voters of the town in their respective pre-
cincts. All other articles in the warrant for any town meet-
ing, beginning with the town meeting at which said town
meeting members are first elected, shall be acted upon and
determined exclusively by town meeting members at a meet-

Acts, 1936. — Chap. 10. 13

ing to be held at such time and place as shall be set forth by
the selectmen in the warrant for the meeting, subject to the
referendum provided for by section eight.

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

Section 7. In the event of any vacancy in the full num-
ber of elected town meeting members from any precinct,
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. Upon petition therefor,
signed by not less than ten town meeting members from the
precinct, or if the entire number of town meeting members
from said precinct is less than eighteen, by a majority thereof,
notice of any vacancy shall be made promptly by the town
clerk to the remaining members from the precinct wherein
the vacancy or vacancies exist, and he shall call a special
meeting of such members for the purpose of filling such
vacancy. He shall cause to be mailed to every such member,
not less than five days before the time set for the meeting,
a notice specifying the object, time and place of the meeting.
At the said meeting a majority of the members from such
precinct shall constitute a quorum, and they 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 chairman and clerk
shall count the ballots and shall make a certificate of such
election and forthwith file the same with the town clerk,
together with a written acceptance by the member or mem-
bers so elected, who shall thereupon be deemed elected and
quahfied as a town meeting member or members, subject to
the right of all town meeting members to judge of the elec-
tions and qualifications of the members as set forth in section
three.

Section 8. No article in the warrant shall at any repre-
sentative town meeting be finally disposed of by a vote to
lay upon the table, indefinitely to postpone or to take no
action thereunder. A final vote of any representative town
meeting passing or rejecting a measure under any article in
the warrant, except a vote to adjourn, or a vote authorizing
the expenditure of less than five thousand dollars, or votes
appropriating money for the payment of notes or bonds of
the town and interest becoming due in the then current
financial year, or votes for the temporary borrowing of money
in anticipation of revenue, or a vote declared by preamble
by a two thirds vote of the town meeting members present
and voting thereon to be an emergency measure, necessary

14 Acts, 1936. — Chap. 10.

for the immediate preservation of the peace, health, safety
or convenience of the town, shall not be operative until after
the expiration of five days, exclusive of Sundays and legal
holidays, from the dissolution of the meeting. If, within
said five days, a petition, signed by not less than two hundred
registered voters of the town, containing their names and
addresses as they appear on the list of registered voters, is
filed with the selectmen, asking that the question or questions
involved in such vote be submitted to the registered voters
of the town at large, then the operation of such vote shall be
further suspended pending the determination of such ques-
tion or questions as hereinafter provided, and the selectmen,
within ten days of the filing of such petition, shall call a
special town meeting, which shall be held within fourteen
days after the issuing of the call, for the sole purpose of pre-
senting to the registered voters at large the question or ques-
tions 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 question 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. No ballots shall be re-
moved or counted before the closing of the polls. The ques-
tion or questions to be submitted to be voted upon at said
special town meeting shall be stated on the ballot in sub-
stantially the same language and form in which they were
stated when finally presented to the representative town
meeting by the moderator, as appears from the records of
such town meeting. Such question or questions shall be
determined by a vote of the same proportion of voters at
large voting thereon as would have been required by law
had the question or questions been finally determined at a
representative town meeting, but no action of the representa-
tive town meeting shall be reversed unless at least twenty
per cent of all the registered voters shall so vote. Action of
the representative town meeting, if reversed, shall be null
and void; otherwise it shall take effect immediately upon
the declaration by the selectmen of the vote upon the refer-
endum. If such petition is not filed within said period of five
days, the vote of the representative town meeting shall be-
come effective and operative upon the expiration of said
period.

Section 9. The town of Amherst, after the acceptance
of this act, shall have the capacity to act through and be
bound by its town meeting members, who shall, when con-
vened 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 the provisions
of law now or hereafter applicable to the transaction of town
affairs in town meeting, shall, when taken by any representa-
tive town meeting in accordance with the provisions of this

Acts, 1936. — Chap. 11. 15

act, have the same force and effect as if such action had been
taken in a town meeting open to all the voters of the town
as organized and conducted before the establishment of rep-
resentative town government.

Section 10. This act shall not abridge the right of the
inhabitants of Amherst 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 Amherst the power finally to commit the
town to any measure affecting its municipal existence or
changing its form of government, without action thereon
by the voters of the town at large, using the ballot and check
Ust therefor.

Section 11. This act shall be submitted to the registered
voters of the town of Amherst for acceptance at its annual
town election in the year nineteen hundred and thirty-six.
The vote shall be taken by ballot in accordance with the
provisions of the general laws, so far as the same shall be
apphcable, 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-six, entitled ' An Act estab-
lishing in the town of Amherst representative town govern-
ment by limited town meetings', be accepted by this town?"
If accepted by a majority of the voters voting thereon, this
act shall take effect for all purposes incidental to the annual
town election in said town in the year nineteen hundred and
thirty-seven and shall take full effect beginning with said
election.

Section 12. If this act is rejected by the registered
voters of the town of Amherst when submitted to said voters
under section eleven, it may be submitted for acceptance in
Uke manner to such voters at any annual town election in
said town not later than the annual town election in the year
nineteen hundred and thirty-nine, and, if accepted by a
majority of the voters voting thereon at such election, shall
take effect for all purposes incidental to the next annual town
election in said town, and shall take full effect beginning with
said election. Approved January 29, 1936.

An Act extending the time for holding pre-pkimary Chap. 11

CONVENTIONS OF POLITICAL PARTIES.

Be it enacted, etc., as follows:

Section 1. Section fifty-four of chapter fifty-three of |j^;^|"^| 54^
the General Laws, as most recently amended by section one etc.. 'amended'.
of chapter four hundred and eighty-two of the acts of nine-
teen hundred and thirty-five, is hereby further amended by
striking out, in the second line, as appearing in section twenty-
one of chapter three hundred and ten of the acts of nineteen
hundred and thirty-two, the word "fifteenth" and inserting
in place thereof the word : — thirtieth, — so as to read as

Acts, 1936. — Chap. 11.

State con-
ventions of
political
parties.

G. L. (Ter.
Ed.). 52, i 2,
etc., amended.

Ward and
town com-
mittees,
election,
terms, etc.

follows : — Section 54. A political party shall, upon the call
of its state committee, but not later than June thirtieth, in
a year in which a biennial state election is held, hold a state
convention for the purpose of adopting a platform, electing
such number of members at large of the state committee as
may be fixed by the convention, nominating presidential
electors and endorsing for nomination candidates for offices
to be filled by all the voters of the commonwealth, to be
voted for at the ensuing state primary, and for such other
purposes consistent with law as the convention may deter-
mine. Such convention shall consist of the delegates elected
at the party primary as hereinbefore provided. The number
of delegates shall be one from each ward and town and one
additional for every fifteen hundred votes, or major fraction
thereof, above the first fifteen hundred votes cast at the pre-
ceding biennial state election in such ward or town for the
political party candidate for governor. At the second party
primary following the redivision of a city into wards under
the provisions of section one of chapter fifty-four there shall
be elected one delegate from each ward as established by
such redivision and such additional delegates, if an}^, from
such city as would be elected from the wards thereof if no
such redivision had been made. The state committee shall
apportion the number of said additional delegates by wards
and notify the state secretary of such apportionment on or
before March first preceding said party primary. In case of
a vacancy occurring for any reason except a tie vote such
vacancy shall not be filled. Nothing herein contained shall
affect or diminish the operation of the laws relating to state
primaries contained in sections forty-one to fifty-three A,
inclusive.

Section 2. Section two of chapter fifty-two of the Gen-
eral Laws, as most recently amended by section two of chap-
ter two hundred and eighty-eight of the acts of nineteen hun-
dred and thirty-four, is hereb}^ further amended by striking
out, in the sixth fine, the word "fifteenth" and inserting in
place thereof the word : — thirtieth, — so as to read as fol-
lows: — Section 2. Each political party shall, in every ward
and town, elect at the party primaries immediately preced-
ing each biennial state election from among the enrolled mem-
bers of the party resident in such ward of town a committee
to be called a ward or town committee, whose members shall
hold office for two years from June thirtieth following their
election and until their successors shall have organized.

Section 3. The terms of office of members of ward and
town committees in office on June fifteenth of the current year
are hereby extended to June thirtieth next following.

Ay-proved January 29, 1936.

Acts, 1936. — Chap. 12. 17

An Act amending the provisions of the law relative to Chav. 12

UNEMPLOYMENT COMPENSATION.

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

Be it enacted, etc., as follows:

Section 1. Section twelve of chapter one hundred and ej^/JiT
fifty-one A of the General Laws, as appearing in section § 12,' etc., '
five of chapter four hundred and seventy-nine of the acts *™^°'^^'i-
of nineteen hundred and thirty-five, is hereby amended by
striking out, in the tenth and eleventh lines, the words : —
", if required by federal law,", — so as to read as follows: —
Section 12. The state treasurer shall deposit or invest the investment
fund under the super^'ision and control of the commission, <*f^"'»'^-
subject to the provisions of this chapter; provided, that
upon the establishment by the United States government
or its authorized agency of an unemployment trust fund,
from which the state treasurer, as the state agency which
is custodian of the fund, may be entitled to requisition at
any time such sums standing to his account therein as may
be required by the commission to carry out the purposes of
section ten, said treasurer shall deposit or invest the fund
therein and keep it so deposited or invested, except sums
requisitioned as aforesaid, so long as such trust fund exists
and remains subject to such requisition.

Section 2. The paragraph defining "Suitable employ- g. l. (Ter.
ment" contained in section nineteen of said chapter one f'lg.'et^c^^'
hundred and fifty-one A, as so appearing, is hereby amended amended.'
by striking out the clause numbered (2) and inserting in
place thereof the following new clause : — (2) if the wages, Payment of
hours or other conditions of the work offered are substantially benefits,
less favorable to the employee than those prevailing for
similar work in the locahty;

Section 3. Said chapter four hundred and seventy- 1935,479,
nine is hereby amended by striking out section seven and ^ ^' ^™ended.
inserting in place thereof the following: — Section 7. Chap- Effective
ter one hundred and fifty-one A of the General Laws shall '*^^®-
become operative upon the approval of this act by the
Federal Social Security Board, as provided in section nine
hundred and three of Title IX of the federal social security
act, if such approval occurs during the year nineteen hundred
and thirty-six; provided, that the provisions of said chapter
requiring contributions by employers subject thereto shall,
in the event of approval as aforesaid, become operative as
of January first of the year nineteen hundred and thirty-six.
If, after approval as aforesaid, the provisions of said federal
act relating to unemployment compensation are repealed,
or become inoperative because of unconstitutionality or
otherwise, the operation of this act shall thereupon cease,

18 Acts, 1936. — Chaps. 13, 14.

and the funds standing to the credit of the commonwealth
shall be distributed in such equitable manner as the general
court may prescribe, except in case the governor prior to
such repeal or becoming inoperative has officially declared
that eleven of the following states (Alabama, Connecticut,
Delaware, Georgia, Illinois, Indiana, Iowa, Maine, Mary-
land, Michigan, Minnesota, Missouri, New Hampshire,
New Jersey, New York, North Carolina, Ohio, Pennsylvania,
Rhode Island, South CaroHna, Tennessee, Vermont) have
in operation unemployment compensation laws which impose
burdens on employers substantially similar to those imposed
by this act; but if such official declaration is made sub-
sequent to such repeal or becoming inoperative, such provi-
sions of this act as are not dependent upon said federal act
shall thereupon again become in full force and effect.

Approved January SI, 1936.

Chap. 13 An Act abolishing the close season on skunks.

Be it enacted, etc., as follows:

G.L. (Ter Sectiou ninety-seveu of chapter one hundred and thirty-

etc!, amended.' oue of the General Laws, as amended by chapter seventy of
the acts of nineteen hundred and thirty-four, is hereby
further amended by striking out, in the fourth line, the

Close season word ", skuuks", — SO as to read as follows: — Section 97.

on skunks. jsjq pcrsou shall, exccpt as provided in section ninety-nine,
hunt or trap, or have in possession the living or dead bodies
of, minks, otters, muskrats or raccoons, except that such
animals, other than raccoons, may be taken by shooting or
trapping between November first and March first, both
dates inclusive, and that raccoons may be taken with the
aid or by the use of dogs or guns between October first and
January first, both dates inclusive, and by trapping between
November first and January first, both dates inclusive;
but not more than twenty raccoons shall be taken by one
person in one open season. Approved February 1, 1936.

Chap. 14 An Act authorizing the town of marblehead 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 Marblehead
are hereby authorized to insert in the warrant for its annual
town meeting in the current year an article or articles en-
abfing 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 in
section eleven A of said chapter one hundred and thirty-

Acts, 1'936. — Chaps. 15, 16. 19

eight, as most recently amended by section six of chapter
four hundred and forty of the acts of nineteen hundred
and thirty-five; and the votes at said meeting on said ques-
tions shall have the same force and effect from and after said
meeting as if taken as provided in said sections eleven and
eleven A.

Section 2. The votes under section one shall be taken
on the ballot used for the election of town officers which
shall set forth said questions and the directions to the voters,
all as provided in said sections eleven and eleven A. The
ballots shall be distributed at the poUing 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 votes taken
hereunder.

Section 3. The votes, if any, last taken in the town
of Marblehead under the provisions of said sections eleven
and eleven A shall have no further force or effect from and
after the taking of the votes authorized by section one.

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

Approved February 3, 1936.

An Act changing the date of the biennial municipal Chap. 15

ELECTION in THE CITY OF WESTFIELD.

Be it enacted, etc., as follows:

Beginning with the year nineteen hundred and thirty-
seven, the biennial municipal election in the city of West-
field for the choice of mayor, members of the city council,
members of the school committee and members of the board
of directors or trustees of the Westfield Athenaeum shall be
held on the Tuesday following the first Monday of November.

Approved February 3, 1936.

An Act relative to the aggregate amounts of tem- Chav. 16
porary loans by cities and towns in anticipation of
revenue.

Be it enacted, etc., as follows:

Section four of chapter forty-four of the General Laws, as g. l. (Ter.
amended by section one of chapter eleven of the acts of ^ttl'amendt'd.
nineteen hundred and thirty-four, is hereby further amended
by striking out, in the eighth line, the words "bank, cor-
poration, street railway" and inserting in place thereof the
word : — corporation, — so as to read as follows : — Section Temporary
4. Cities, towns and fire, water, fight and improvement d^esand
districts may, by a majority vote, incur debt for temporary to^^s.
loans in anticipation of the revenue of the financial year in
which the debt is incurred, and may issue notes therefor
to an amount which for cities and towns shall not exceed

20 Acts, 1936. — Chap. 17.

in the aggregate the total tax levy of the preceding financial
year, together with the corporation and income tax received
during the preceding financial year, exclusive of special
or additional assessments or revenue from any other source
except payments made by the commonwealth in lieu of
taxes on account of property taken for institutions or for
metropolitan district purposes. Such notes shall be payable,
and shall be paid, not later than one year from their date,
and shall not be renewed or paid by the issue of new notes,
except as provided in section seventeen.

Approved February 8, 1936.

Chap. 17 An Act making the provisions of the civil service

LAWS APPLICABLE TO THE TOWN OF SWAMPSCOTT WITH
respect to CERTAIN APPOINTED OFFICERS AND EMPLOYEES
OF THE ACCOUNTING, ASSESSORS, CEMETERY, ENGINEER-
ING, HEALTH, LIBRARY, MOTH AND TREE W^ARDEN, PARK,
POLICE, PUBLIC WELFARE, SCHOOL AND WATER AND SEWER-
AGE DEPARTMENTS AND OF THE BOARD OF SELECTMEN,
AND TO THE JANITOR OF THE TOWN HALL.

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 Swamp-
scott with respect to the following appointed officers and
employees of the following town departments : —

Department. Officers or Employees.

Accounting . . . Town accountant and clerk.

Assessors
Cemetery-
Engineering
Health .
Library .
Moth and Tree Warden
Park
Police

Public Welfare
School
Water and Sewerage

Clerk.

Superintendent.
Engineer and two assistants.
Agent, clerk, nurse and laborer.
Librarian, three assistants and janitor.
Three laborers.
Three laborers.
Clerk.

Investigator and clerk.
Seven janitors, three clerks and nurse. ,
Superintendent, a clerk and nine laborers.
Also with respect "to the clerk in the selectmen's office and the
janitor of the town hall.

The incumbents on the effective date of this act may,
however, continue to serve in their respective offices and
employments 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
or at the annual town meeting of nineteen hundred and
thirty-seven 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

Acts, 1936. — Chaps. 18, 19. 21

passed by the General Court in the year nineteen hundred
and thirty-six, entitled 'An Act making the Provisions of
the Civil Service Laws applicable to the Town of Swamp-
scott with Respect to Certain Appointed Officers and Em-
ployees of the Accounting, Assessors, Cemetery, Engineer-
ing, Health, Library, Moth and Tree Warden, Park, Police,
Public Welfare, School and Water and Sewerage Depart-
ments and of the Board of Selectmen, and to the Janitor of
the Town Hall', be accepted?" If a majority of the votes
cast in answer to said question are in the affirmative, then
this act shall thereupon take effect, but not otherwise.

Approved February 3, 1936.

An Act relative to the giving of fidelity bonds by Chap. 18

TOWN CLERKS.

Be it enacted, etc., as follows:

Section thirteen of chapter forty-one of the General Laws, o. l. (Ter.
as appearing in the Tercentenary Edition, is hereby amended Amended. ^ ^^'
by striking out, in the sixth and seventh lines, the words
"the following section" and inserting in place thereof the
following : — section fourteen, — so as to read as follows : —
Section 13. Every town clerk shall, within ten days after Town clerks
his quahfication and thereafter, at intervals of not more bonds^
than one year, so long as he continues to hold said office,
give bond to the town for the faithful performance of his
duties, in such sum as the selectmen shall approve. If he
does not give bond as herein required the selectmen may
declare the office vacant and fill the vacancy in the manner
prescribed in section fourteen.

Approved February S, 1936.

An Act placing the office of inspector of buildings of Chap. 19

THE TOWN of NATICK UNDER THE CIVIL SERVICE LAW^S.

Be it enacted, etc., as follows:

Section 1. The office of inspector of buildings of the
town of Natick shall, upon the effective date of this act,
become subject to the civil service laws and rules and regu-
lations, and the tenure of office of any incumbent thereof
shall be unlimited, subject, however, to such laws; 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 Gen-
eral Court in the year nineteen hundred and thirty-six,
entitled 'An Act placing the office of inspector of buildings
of the town of Natick under the civil service laws', be

22 Acts, 1936. — Chaps. 20, 21.

accepted?" If a majority of the votes in answer to said
question are in the affirmative, then this act shall thereupon
take effect, but not otherwise.

Approved February 4, 1936.

ChaV. 20 ^^ ^^'^ FURTHER EXTENDING THE PERIOD OF OPERATION OF
CERTAIN LAWS AUTHORIZING DOMESTIC CORPORATIONS TO
CONTRIBUTE TO CERTAIN FUNDS FOR THE BETTERMENT
OF SOCIAL AND ECONOMIC CONDITIONS.

Emergency Whereus, The deferred operation of this act would tend

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

an emergency law, necessary for the immediate preservation

of the public convenience.

Be it enacted, etc., as follows:

Chapter eight of the acts of nineteen hundred and thirty-
three is hereby amended by striking out section three, as
most recently amended by chapter four of the acts of nine-
teen hundred and thirty-five, and inserting in place thereof
the following: — Section 3. This act shall become inopera-
tive at the expiration of six years from its effective date.

Approved February 6, 1936.

ChaV. 21 ^^ ^^^ RELATIVE TO THE OPEN SEASON ON DEER IN BARN-

STABLE COUNTY.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION 1. Sectiou One hundred and nine of chapter

f 109,^ etc., one hundred and thirty-one of the General Laws, as most
amended. recently amended by section one of chapter five of the

acts of nineteen hundred and thirty-five, is hereby further
amended by striking out, in the fourth and fifth lines, the
words "except Barnstable,", — so as to read as follows: —
Open season Scction 109. Subjcct to the restrictions and provisions here-
inafter contained, any person duly authorized to hunt in the
commonwealth may hunt a deer, by the use of a shotgun
or bow and arrow, in all counties between one half horn-
before sunrise and one half hour after sunset of each
day beginning with the first Monday in December and
ending with the following Saturday, and in any or all of
the counties of Berkshire, Frankhn, Hampden and Hamp-
shire, 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 Satur-
day. No person shall, except as provided in the preceding
section, kill more than one deer. No deer shall be hunted

Acts, 1936. — Chap. 22. 23

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 reservation subject
to section one hundred and fourteen except as provided
therein. No person shall make, set or use any trap, torch
Ught 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 thereafter, send to the
director a written report, signed by him, of the facts relative
to the wounding or killing. Whoever violates any provi- Penalty,
sion 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 chap- g. l. (Xer.
ter one hundred and thirty-one, as most recently amended f fi2,^etc.,
by section two of said chapter five, is hereby further amended. '
amended by striking out, in the second line, the words "ex-
cept Barnstable", — so as to read as follows: — Section 112. Hunting with
No person shall in any county between one half hour orb™id
before sunrise on the first Monday in December and one °g y'lft;^
half hour after sunset on the following Saturday, or, in
Berkshire, Franklin, Hampshire or Hampden county,
between one half hour before sunrise on the second Monday
in December and one half hour after sunset on the following
Saturday, if such additional period for hunting deer is au-
thorized in such county under section one hundred and
nine, hunt a bird or mammal with a rifle, revolver or pistol
or by the aid of a dog, or have in his possession, or under
his control, in any wood or field, a rifle, revolver or pistol,
or a dog adapted to the hunting or pursuing of birds or
mammals, or, while in pursuit of birds or mammals, have
in his possession, or under his control, on any highwa}^, any
such firearm or dog.

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

Approved February 6, 1936.

An Act eliminating certain statements from Nomina- Qhn^ 92

TION PAPERS OF CANDIDATES FOR STATE COMMITTEES. ^'

Be it enacted, etc., as follows:

Section forty-five of chapter fifty-three of the General g. l. (Ter.
Laws, as amended by section thirteen of chapter three hun- ^tc'.!'amendtd'.
dred and ten of the acts of nineteen hundred and thirty-two,
is hereby further amended by inserting after the word
"for" in the sixth line the word: — state, — so that the
first paragraph will read as follows : — Every nomination Nomination
paper shall state, in addition to the name of the candidate, contents of.

(1) his residence, with street and number thereof, if any,

(2) the office for which he is nominated, (3) the political
party whose nomination he seeks, and, except for candidates

Acts, 1936. — Chap. 23.

for state, ward and town committees and delegates to con-
ventions the paper may state, in not more than eight words,
the pubUc offices which he holds or has held, and, if he is an
elected incumbent of an office for which he seeks renomina-
tion, that he is a candidate for such renomination.

Approved February 6, 1936.

Chap. 23 -^N Act changing the dates of certain reports relating

TO PENAL institutions.

G. L. (Ter.
Ed.), 35, § 40,
amended.

County
treasurers,
returns of.

G. L. (Ter.
Ed.), 124, §
amended.

Annual re-
port of com-
missioner
of correction.

Be it enacted, etc., as follows:

Section 1. Section forty of chapter thirty-five of the
General Laws, as appearing in the Tercentenary Edition, is
hereby amended by striking out,, in the ninth line, the word
"October" and inserting in place thereof the word: — Jan-
uary, — and by striking out, in the twelfth Une, the words
"September thirtieth" and inserting in place thereof the
words : — December thirty-first, — so as to read as follows :

— Section 40. The treasurer shall annually, in November,
notify all officers required to account for and pay to him
any fines, expenses, forfeitures, fees and money, to make
the returns thereof, specifying the laws requiring the same.
He shall annually, in January, return to the director of
accounts a sworn statement of all such items received by
him in criminal matters during the preceding year, from
whom received, and the name of each magistrate or officer
failing to comply, and what proceedings have been taken
by reason thereof. He shall also, annually, on or before
January fifteenth, make a return to the commissioner of
correction, upon blanks to be provided by said commis-
sioner, of all amounts paid or received by him on account of
any jail or house of correction for the year ending on the
preceding December thirty-first.

Section 2. Section six of chapter one hundred and
twenty-four of the General Laws, as so appearing, is hereby
amended by striking out, in the third line, the words " , prison
camp and hospital", — and by striking out, in the fourth
and fifth lines, the words "September thirtieth" and in-
serting in place thereof the words: — December thirty-first,

— so as to read as follows : — Section 6. He shall make an
annual report setting forth fully and in detail the actual
condition on November thirtieth of the state prison, Massa-
chusetts reformatory, state prison colony, state farm and
reformatory for women, and on December thirty-first of
each jail and house of correction, the number of inmates in
each, such statistics from the reports required by section
eight as will show the results of criminal prosecutions, and
such statistics from the reports required by section nine, and
by section one hundred of chapter two hundred and seventy-
six, as he considers proper. The report shall state the in-
dustries which have been carried on in the institutions named
in section fifty-one of chapter one hundred and twenty-seven

Acts, 1936. — Chap. 24. 25

during the year, the number of prisoners employed in each,
the greatest and smallest number thereof at any one time,
the kind and quantity of goods manufactured, the amount
thereof sold to such institutions and elsewhere, and the
prices received therefor. The report shall include the reports
made to him by the officers in charge of the penal and re-
formatory institutions of the commonwealth and of the
board of parole.

Section 3. Section ten of chapter one hundred and EdV'm'^*
twenty-seven of the General Laws, as so appearing, is § i6,' amended,
hereby amended by striking out, in the first line, the word
"December" and inserting in place thereof the word: —
January, — by striking out, in the third line, the words
", of the prison camp and hospital", — and by striking out,
in the fourth and fifth fines, the words "annually, on or
before October fifteenth,", — so as to read as follows: —
Section 10. Annually, on or before January fifteenth, the Annual re-
warden of the state prison, the superintendents of the ^Jf[cerf of
Massachusetts reformatory, of the reformatory for women, pertain penal
of the state prison colony and of the state farm, and sheriffs,
county commissioners and the penal institutions commis-
sioner of Boston, shall make a report to the commissioner of
the salaries of prison officers, of the number and cost of sup-
port of prisoners, and of such other details relative to the
management and discipline of the several prisons as the
commissioner may prescribe. The warden or superintendent
shall also include in his report the amount of liabilities and
outstanding claims of said institutions, the names of their
debtors and creditors, the amounts due to or from each and
when they are payable, detailed accounts of expenditures for
the prisons for the year ending the preceding thirtieth day
of November, the cost of all changes made in the buildings
thereof, the names, position, pay and allowances of every
officer or employee thereof, the average cost of the support
of each prisoner, the number of volumes in the library of
each prison, and such other facts relative to said prisons as
the commissioner considers proper. An officer who refuses
or neglects to make such report at the time prescribed or
who withholds it after said date shall forfeit one dollar for
each day's neglect, which shaU be deducted from his salary
or compensation at the first monthly payment after his
default has been reported to the proper auditing or dis-
bursing officer. Ayyroved February 6, 1936.

An Act authorizing the town of lunenburg to vote (JJku) 24
at a 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 Lunenburg
are hereby authorized to insert in the warrant for its annual
town meeting or any special town meeting in the current

26 Acts, 1936. — Chap. 25.

year an article or articles enabling the voters of said town
to vote at said meeting on the questions contained in sec-
tion 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 ques-
tions 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 distrib-
uted 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 votes taken hereunder.

Section 3. The votes taken in the town of Lunenburg
at the last biennial state election under the provisions of
said section eleven, shall have no further force or effect
from and after the taking of the votes authorized by section
one.

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

Approved February 10, 1936.

Chap. 25 An Act restoring to members of the ancient and
honorable artillery company their exemption from
liability to serve as jurors.

Be it enacted, etc., as follows:

G-L.(Ter Section one of chapter two hundred and thirty-four of

etc!, amended' the General Laws, as amended by section eleven of chapter
two hundred and fifty-seven of the acts of nineteen hun-
dred and thirty-five, is hereby further amended by inserting
after the word "militia" in the twentieth hne the words: —
; members of the Ancient and Honorable Artillery Company,
Jurors, quaii- — SO as to read as follows: — Section 1. A person qualified

ncations and , ± e ± ±- ± J^^ i xij.!.

exemptions. to vote for representatives to the general 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 sen-
ate and house of representatives during a session of the
general court; judges and justices of a court; county com-
missioners; clerks of courts and assistant clerks and all
regularly appointed officers of the courts of the United
States and of the commonwealth; registers of probate and
insolvency; registers of deeds; sheriffs and their deputies;
constables; marshals of the United States and their depu-
ties, and all other officers of the United States; attorneys
at law; settled ministers of the gospel; officers of colleges;

Acts, 1936. — Chap. 26. 27

preceptors and teachers of incorporated academies; regis-
tered practicing physicians and surgeons; persons over sev-
enty years of age; persons under twenty-five years of age;
members of the volunteer mihtia; members of the Ancient
and Honorable Artillery Company; superintendents, officers
and assistants employed in or about a state hospital, in-
sane hospital, jail, house of correction, state industrial school
or state prison; keepers of lighthouses; conductors and
engine drivers of railroad trains; teachers in pubhc schools;
enginemen 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. Approved February 10, 1936.

An Act authorizing the town of Norfolk to receive Chav, 26

AND ADMINISTER THE PROPERTY OF THE NORFOLK CEME-
TERY ASSOCIATION IN SAID TOWN, SUBJECT TO JUDICIAL
DECREE AS AFFECTING TRUST PROPERTY.

Be it enacted, etc., as follows:

Section 1. Norfolk Cemetery Association, a corpora-
tion duly incorporated under general law and situated in
the town of Norfolk, may, by deed executed by the treas-
urer, and three trustees or a majority thereof, of the cor-
poration thereunto duly authorized, convey and transfer to
said town, and said town is hereby authorized to receive,
and thereafter to hold and maintain, but for cemetery pur-
poses only, and subject to all rights heretofore existing in
any burial lots, the real and personal property of the cor-
poration not subject to any trust, and thereupon, and upon
the transfer of trust funds as hereinafter provided, the
corporation shall be dissolved; and the cemetery of the cor-
poration shall be and become a public burial place, ground
or cemetery.

Section 2. In so far as authorized by the decree of a
court of competent jurisdiction and in compliance with the
terms and conditions of such decree, said town may receive
from said corporation a conveyance and transfer of, and
administer, all funds or other property held by it in trust
for the perpetual care of the lots in its cemetery and for
other purposes, and also any property devised or bequeathed
to said corporation under the will of any person living at
the time of said transfer or conveyance or under the will
of any deceased person not then probated. Interest and
dividends accruing on funds deposited in trust with any
savings bank, under authority of section thirty-seven or
thirty-eight of chapter one hundred and sixty-eight of the
General Laws, or with any other banking institution, for
the benefit of the corporation, or of any lots in its ceme-
tery, may, after such conveyance and transfer are author-
ized by such decree, be paid by such bank or institution to
the treasurer of said town; and upon such payment said

28 Acts, 1936. — Chap. 27.

treasurer, under the direction of the cemetery commission-
ers of said town, shall use the same for the purposes specified
in such decree.

Section 3. All real and personal property, and property
rights, acquired by said town from the corporation under
authority of section one shall be held and managed by said
town in the same manner in which cities and towns are
authorized by law to hold and manage property for ceme-
tery purposes; provided, that all rights which any persons
have acquired in its cemetery or any lots therein shall re-
main in force to the same extent as if this act had not been
passed and such transfer had not occurred. The records of
the corporation shall be delivered to the clerk of said town,
and such clerk may certify copies thereof.

Section 4. This act shall take full effect upon its ac-
ceptance by a majority of the registered voters of the town
of Norfolk present and voting thereon at the annual town
meeting of said town to be held in the year nineteen hun-
dred and thirty-six, or at a special town meeting called for
the purpose to be held prior to December thirty-first, nine-
teen hundred and thirty-six.

Approved February 10, 1936.

Chap. 27 An Act placing the office of chief of police of the

TOWN OF NORFOLK UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of chief of police of the town of
Norfolk 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 police officers
in towns, and the tenure of office of any incumbent thereof
shall be unlimited, subject, however, to such laws; provided,
however, that Douglas Rockwood, 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 Gen-
eral Court in the year nineteen hundred and thirty-six
entitled 'An Act placing the office of chief of police of the
town of Norfolk under the civil service laws', be accepted?"
If a majority of the votes in answer to said question are in
the affirmative, then this act shall thereupon take effect,
but not otherwise. Approved February 10, 1936.

Acts, 1936. — Chaps. 28, 29. 2d

An Act changing the date of biennial municipal elec- Chap. 28

TIONS IN THE CITY OF MALDEN.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and
fifty-five of the acts of nineteen hundred and thirty-three
is hereby amended by striking out, in the second hne, the
word "thirty-three" and inserting in place thereof the
word : — thirty-seven, — and by striking out, in the fifth
line, the word "December" and inserting in place thereof
the word : — November, — so as to read as follows : — >Sec-
tion 1. Beginning with the year nineteen hundred and
thirty-seven, municipal elections in the city of Maiden for
the choice of mayor, aldermen, common councilmen and
members of the school committee shall be held biennially
on the second Tuesday in November in each odd-numbered
year.

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

Approved February 11, 1936.

An Act establishing biennial municipal elections in Chap. 29

the city of BEVERLY AND MAKING CERTAIN OTHER CHAR-
TER CHANGES.

Be it enacted, etc., as follows:

Section 1. Section three of chapter five hundred and
forty-two of the acts of nineteen hundred and ten is hereby
amended by striking out, in the fifth Hne, the word "seven"
and inserting in place thereof the word: — nine, — so as to
read as follows: — Section 3. The administration of all the
fiscal, prudential and municipal affairs of said city, and
the government thereof, — except the affairs of the pubhc
schools, the administration, management and control of
which shall be vested in a school committee of nine mem-
bers, — shall be vested in an executive department which
shall consist of one officer to be called the mayor, and in a
legislative department, which shall consist of a single body
of nine to be called the board of aldermen, the members
whereof shall be called aldermen. The legislative depart-
ment shall never exercise any executive power, and the
executive department shall never exercise any legislative
power, except as may otherwise be provided herein.

Section 2. Said chapter five hundred and forty-two is
hereby further amended by striking out section seven and
inserting in place thereof the following: — Section 7. Be-
ginning with the year nineteen hundred and thirty-six,
regular city elections shall be held biennially in each even-
numbered year on the Tuesday after the second Monday in
December. The municipal year shall begin on the first
Monday in January in each year, at twelve o'clock noon,
and continue until the first Monday in January next follow-
ing at twelve o'clock noon.

30 Acts, 1936. — Chap. 29.

Section 3. Section eight of said chapter five hundred and
forty-two is hereby amended by striking out, in the first fine,
the word "annual" and inserting in place thereof the word:
— biennial, — so as to read as follows: — Section 8. At the
biennial city election the qualified voters of the city shall
give in their votes by ballot for mayor and members of the
board of aldermen and of the school committee, or for such
of them as are to be elected, and the person receiving the
highest number of votes for any office shall be deemed and
declared to be elected to such office, and whenever two or
more persons are to be elected to the same office the several
persons up to the number required to be chosen receiving
the highest number of votes shall be deemed and declared
to be elected. If it shall appear that there is no choice for
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 service of a mayor, the board of aldermen
shall forthwith cause warrants to be issued for a new elec-
tion and the same proceedings shall be had in all respects as
are hereinbefore provided for the election of mayor, and
shall be repeated until the election of a mayor is completed.
If the full number of the members of the board of aldermen
has not been elected or if a vacancy in the office of alderman
shall occur more than three months previous to the expira-
tion of the term of office, the board of aldermen shall forth-
with elect from among the qualified voters of the city or
ward, as the case may be, some person or persons to fill
the vacancy or vacancies for the remainder of the unexpired
term. In case a vacancy in the office of mayor shall occur
within four months previous to the expiration of the unex-
pired term, the board of aldermen may in its discretion order
a new election for mayor to be held as aforesaid to fill the
vacancy; and may, likewise, should a vacancy occur in
the office of any member of the board of aldermen within
said period of three months, fill said office in the manner
aforesaid.

Section 4. Said chapter five hundred and forty-two is
hereby further amended by striking out section nine and
inserting in place thereof the following: — Section 9. At
each biennial city election beginning with the one held in
the year nineteen hundred and thirty-six, there shall be
elected by ballot by and from the qualified voters at large
a mayor and three members of the board of aldermen, and
by and from the qualified voters of each ward one member
of said board, each to serve for the term of two years be-
ginning with the first Monday in January then next ensu-
ing. The member elected at large receiving the highest
number of votes at any biennial city election, including the
biennial city election in nineteen hundred and thirty-six,
shall be president of the board of aldermen.

At the biennial city election in the year nineteen hundred
and thirty-six, the quahfied voters of the whole city, voting

Acts, 1936. — Chap. 29. 31

at large, shall elect by ballot from their own number an
additional member at large of the school committee, to
serve for the term of four years beginning with the first
Monday in January next ensuing. The terms of office of
the two members of said committee, one from ward one
and one from ward five, expiring on the first Monday in
January in the year nineteen hundred and thirty-eight, are
hereby extended until the first Monday in January in the
year nineteen hundred and thirty-nine. The term of office
of the member at large of said committee expiring on the
first Monday in January in the year nineteen hundred and
thirty-eight is hereby extended to the first Monday in Janu-
ary in the year nineteen hundred and forty-one.

Commencing with the biennial city election in the year
nineteen hundred and thirty-six, a successor to each of the
elected members of the school committee whose term will
expire in January then next ensuing shall be elected by
ballot, for the term of four years from the first Monday in
January then next ensuing, by the quahfied voters of the
whole city, voting at large, from the qualified voters, either
of the whole city or of a ward thereof, as in the case of the
election of the member whose term will so expire.

The mayor, aldermen and members of the school com-
mittee shall hold office for their respective terms and until
their respective successors are quahfied.

Section 5. Section twelve of said chapter five hundred
and forty-two is hereby amended by inserting after the
word "January" in the second line the words: — of each
odd-numbered year, — and by striking out, in the twenty-
first line, the word "municipal" and inserting in place
thereof the words : — biennial city, — so as to read as fol-
lows:— Section 12. The mayor-elect and the aldermen-
elect shall, on the first Monday in January of each odd-
numbered year at twelve o'clock noon, meet 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 of record, or by a justice of the peace. The oath
may be administered to the members of the board of alder-
men by the mayor, he having been duly sworn, or by any of
the above named officials. A certificate that said oath or
oaths have been taken shall be entered in the journal of
the board of aldermen. In case of the absence of the mayor-
elect on said day, or if a mayor shall subsequently be elected,
the oath of office may at any time thereafter be adminis-
tered to him, and at any time thereafter in like manner the
oath of office may be administered to any member of the
board of aldermen, who for similar reasons shall not have
taken the oath on the day named. All such oaths subse-
quently taken shall be entered in the journal aforesaid.
After the oath has been administered to the aldermen pres-
ent they shall organize, with the member elected at large
receiving the highest number of votes at the preceding
biennial city election, as president, as provided in section

Acts, 1936. —Chap. 29.

nine. The president shall be sworn by the city clerk, or in
case of the absence of the clerk, by any justice of the
peace. Nothing in the duties of his office shall be held to
deprive him of his right to vote and act as a member of
the board.

Section 6. Section fourteen of said chapter five hun-
dred and forty-two is hereby amended by striking out the
first sentence and inserting in place thereof the following:
— The board of aldermen shall in the month of January in
each odd-numbered year, as soon after its organization as
may be, elect a city clerk, a city collector of taxes, a city
messenger, a city treasurer, a city physician and a clerk of
committees, all for the term of two years from the first
Monday in said January and until their respective succes-
sors are qualified.

Section 7. Said chapter five hundred and forty-two is
hereby further amended by striking out section thirty-
seven and inserting in place thereof the following: — Sec-
tion 37. The school committee of said city shall consist
of the mayor, ex officio, and of eight members who shall
be elected as provided by section nine. Said committee
shall have the entire management and control of the schools
of the city, may elect a superintendent of schools, and may
appoint such other subordinate officers and assistants as it
may deem necessary for the proper discharge of its duties
and the conduct of its business; shall define the terms of
service, duties and compensation of such officers, and may
remove and discharge them at its pleasure. The school
committee shall be the judge of the election and qualifica-
tions of its members, and shall determine the rules of its
proceedings. A majority of the committee shall constitute
a quorum for the transaction of business, but a smaller
number may adjourn from time to time. Should a vacancy
occur in the office of an elected member of the school com-
mittee for any cause, the mayor shall, as soon as may be,
call a joint convention of the board of aldermen and the
school committee, at which the president of the board of
aldermen shall preside, and the vacancy shall, by vote of a
majority of such joint convention, be filled by the election
of a member according to the vacancy existing, to serve for
the balance of the unexpired term.

Section 8. Section forty-one of said chapter five hun-
dred and forty-two is hereby amended by striking out, in
the fifth fine, the word "two" and inserting in place thereof
the word : — three, — so as to read as follows : — Section
Jfl. All sessions of the committee shall be open to the pub-
lic, and a journal of its proceedings shall be kept which
shall be subject to public inspection. The vote of the com-
mittee upon any question shall be taken by roll call when
the same is requested by at least three members.

Section 9. Section forty-five of said chapter five hun-
dred and forty-two, as amended by chapter three hundred
and ninety-eight of the acts of nineteen hundred and thir-

Acts, 1936. — Chap. 29. 33

teen, is hereby further amended by inserting after the word
"bank" in the thirtieth hne, as appearing in said chapter
five hundred and forty-two, the words : — or trust com-
pany,— so as to read as follows: — Section 1^.5. No con-
tract for the purchase of materials or supphes, or for labor
to be furnished, except labor to be rendered in person, in-
volving the expenditure of more than three hundred dollars
for any one specific purpose, shall be valid unless the same
be in writing and signed in behalf of the city by the mayor
and the officer, or a majority of the board or committee,
authorized to incur the liability. No such contract shall be
made until proposals shall have been invited by an adver-
tisement printed three times in one or more newspapers for
at least ten days before the time designated therein for the
closing of bids, unless, in the case of any particular con-
tract, the mayor shall in writing recommend that the same
be not advertised. In such writing, the mayor shall fully
set forth the necessity for such recommendation, and his
reasons for the same, and in such case the provisions herein
for advertising shall be suspended if the board of aldermen
by a two thirds vote approve the recommendation. At the
time and place appointed in said advertisement all bids
received shall be opened publicly, and the contract shall be
awarded to the lowest responsible bidder complying with
the regulations, who, in the judgment of the officer, mem-
ber or committee authorized to incur the liability, is com-
petent and can procure the means to perform the contract
satisfactorily, but any and all proposals may be rejected if
such a course is deemed to be for the interests of the city.
No proposals shall be considered unless received within the
time designated in the advertisement, nor unless properly
sealed and accompanied by a duly certified check for the
amount, if any, specified in such advertisement, to be drawn
on some national bank or trust company in the common-
wealth and payable to the order of the city treasurer. The
check shall be returned to the depositors as soon as the con-
tract is awarded, except that if the successful bidder does
not duly execute the contract upon request and sign any
bond which may be required by its terms, the check accom-
panying his proposal shall be dehvered to the city treasurer
for collection. No bond shall be furnished of less than one
quarter, nor shall it exceed one half the total amount of the
contract. A duly executed copy of every such contract
shall be filed with the city clerk forthwith upon the signing
of the same. Every such contract requiring the employ-
ment of mechanics and laborers in the construction of pub-
He works shall contain the provisions required by law to
the effect that preference be given to citizens of the com-
monwealth, or if they cannot be had in sufficient numbers,
to citizens of the United States.

Section 10. Except as otherwise expressly provided in
this act, the terms of office of all officers and members of
boards of the city of Beverly in oflace upon the effective

Acts, 1936. — Chaps. 30, 31.

date hereof shall be unaffected hereby, and such officers
and members shall, unless sooner removed by authority of
law, continue to serve for the balance of the terms for which
they were severally elected or appointed.

Section 11. This act shall be submitted for acceptance
to the registered voters of the city of Beverly, at the bien-
nial state election to be held in the current year, in the
form of the following question, which shall be printed on
the official ballot to be used in said city at said election: —
"Shall an act passed by the general court in the year nine-
teen hundred and thirty-six, entitled 'An Act establishing
Biennial Municipal Elections in the City of Beverly and
making Certain Other Charter Changes', 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 February 11, 1936.

Chap. 30 An ■Ac'^ changing the period covered by the annual

REPORT OF the BOARD OF PROBATION.

Be it enacted, etc., as follows:

Section 1. Section one hundred and one of chapter two
hundred and seventy-six of the General Laws, as appearing
in the Tercentenary Edition, is hereby amended by striking
out, in the third line, the words "September thirtieth" and
inserting in place thereof the words: — December thirty-
first, — so as to read as follows: — Section 101. The board
of probation shall make an annual report to the general
court of the probation work of the courts for the year end-
ing on December thirty-first preceding. The report shall
include such information as the board may consider useful,
with its suggestions or recommendations.

Section 2. The board of probation shall include in its
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-five, and ending the following
December thirty-first. Approved February 11, 1936.

G. L. (Ter.
Ed.), 276,
§101,
amended.

Annual
report.

Temporary
provisions.

Chap. 31 An Act relative to annual returns and reports as to
cases in the superior court and to the making of
certain annual returns by sheriffs.

G. L. (Ter.
Ed.), 9, § 17,
etc., amended.

Annual re-
port of the
state sec-
retary,
contents of.

Be it enacted, etc., as follows:

Section 1. Chapter nine of the General Laws is hereby
amended by striking out section seventeen, as amended by
chapter thirty-seven of the acts of nineteen hundred and
thirty-four, and inserting in place thereof the following: —
Section 17. He shall, in addition to the special reports re-
quired by law, make an annual report showing the trans-
actions of his department for the preceding fiscal year. He
shall include therein a report showing the aggregate vote,
both affirmative and negative, on every act or part of an

Acts, 1936. — Chap. 32. 35

act which shall have been referred by the general court for
acceptance or rejection to the voters of any political sub-
division of the commonwealth or to the city council of any
city during the year. He shall also include in such report
a record of the work of his department in respect to public
records under chapter sixty-six, with recommendations and
suggestions relative thereto.

Section 2. Section twenty-three of chapter thirty-seven g. l. (Xer.
of the General Laws, as appearing in the Tercentenary Edi- amended.^ ^^'
tion, is hereby amended by striking out, in the second line,
the words "state secretary" and inserting in place thereof
the words: — director of the division of accounts, — so as
to read as follows: — Section 23. Sheriffs shall annually, on sheriffs' an-
or before October fifteenth, return to the director of the nuai returns.
division of accounts on blanks provided by him a sworn
account of all money received by them for the year end-
ing on the preceding September thirtieth, designating the
amounts received from the county treasurer and from all
other sources, and specifying the amounts received for fees
in civil and criminal processes. They shall also return the
number of days of attendance upon the courts and upon
the county commissioners, and also the number of days of
attendance upon more than one of said tribunals simul-
taneously. If a sheriff neglects to make such return, he
shall forfeit two hundred dollars.

Section 3. Chapter two hundred and twenty-one of the g. l. (Ter. ^
General Laws is hereby amended by striking out section amended.' " '
twenty-four, as so appearing, and inserting in place thereof
the following: — Section 21^. The clerks of the courts for cierksof
the several counties and the clerks of the superior court for m^ke^nnuai
civil and for criminal business in Suffolk county shall an- retpmstoju-

n-Ti ci ••! -y • • 1 ^ • "'cial council.

nually m July make returns of the civil and criminal busi-
ness of the superior court for their respective counties for
the last preceding year ending June thirtieth to the judicial
council upon suitable blank forms to be prepared by said
council. The judicial council may in its discretion verify
such returns in such manner as it deems advisable, and for
this purpose may inspect the dockets and records of said
officials and shall be furnished by them with such further
information as the council deems necessary to complete
such returns. Approved February 11, 1936.

An Act providing in certain cases for the return to Qfiav 32

PENAL institutions OF PRISONERS REMOVED THEREFROM
TO DEPARTMENTS FOR DEFECTIVE DELINQUENTS.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-three of the General EdViJs^new
Laws is hereby amended by inserting after section one hun- section iiVa,
dred and seventeen, as appearing in the Tercentenary Edi- ^'^'^^'^•
tion, the following new section: — Section 117 A. When, in Return of cer-
the opinion of the commissioner of correction and the super- to'penar"^"

institutiona.

36 Acts, 1936. — Chap. 33.

intendent of an institution wherein a department for de-
fective delinquents has been estabHshed, or, in case of such
a department estabHshed at the state farm, the medical
director appointed under section forty-eight of chapter one
hundred and twenty-five, the mental condition of a person
removed from a penal institution to such department under
section one hundred and fourteen is such that he should
be returned to the penal institution from which he was
removed, they shall so certify upon the order of removal,
and notice, accompanied by a written statement regarding
the mental condition of such person, shall be given to the
warden, superintendent, keeper or master, as the case may
be, of the penal institution from which removed, who shall
thereupon cause such person to be reconveyed to such in-
stitution, there to remain pursuant to the original sentence,
computing the time of his confinement in said department
as part of the term of his imprisonment under such sentence.

Approved February 11, 1936.

Chap. 33 A.N Act authorizing the city of lawrence to construct

AND MAINTAIN A FIRE ALARM SIGNAL SYSTEM BUILDING
AND A PUBLIC SWIMMING POOL ON CERTAIN LAND WITHIN
THE LIMITS OF JOHN J. MULLANEY PARK, AND A PUBLIC
SWIMMING POOL WITHIN THE LIMITS OF STORROW PARK IN
SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city of Lawrence is hereby authorized,
notwithstanding any limitation contained in chapter forty-
five of the General Laws, to build, equip and maintain an
isolated fire alarm signal system building, covering an area
of not more than twenty-six hundred square feet on the
ground, within the limits of John J. Mullaney park, also
known as Bodwell park, in ward five of said city, which
park was acquired by said city for park and recreational
purposes bj^ deed of gift from the Essex company dated
November nineteenth, eighteen hundred and seventy-three,
and recorded in the registry of deeds for the northern dis-
trict of Essex county. Said building shall be located at the
northeasterly end of said park, on the triangular area of land
bounded by Bodwell street on the north and the municipal
gravel bank on the south, and said building shall be so located
as not to interfere with or infringe upon the use for recrea-
tional or athletic purposes of any part of the park area then
so used.

Section 2. Said city is hereby further authorized, not-
withstanding any limitation contained in said chapter forty-
five, to build, equip and maintain, for the free recreational
use of the public, a swimming pool within the limits of said
John J. Mullaney park, covering an area of not more than
sixteen thousand square feet on the ground, to be located
near the southwesterly end of the park, at a distance of ap-
proximately two hundred feet from the line of School street.

Acts, 1936. — Chaps. 34, 35. 37

Said swimming pool shall be so located as not to interfere
with or infringe upon the use for recreational or athletic
purposes of any part of the park area then so used.

Section 3. Said city is hereby further authorized, not-
withstanding any limitation contained in said chapter forty-
five, to build, equip and maintain for the free recreational
use of the public, a swimming pool within the limits of
Storrow park, so called, in ward one of said city, covering
an area of not more than sixteen thousand square feet on
the ground, said park having been acquired by said city for
park purposes by deed of gift from the Essex company,
dated December third, eighteen hundred and fifty-three,
and recorded in the registry of deeds for the southern dis-
trict of Essex county. Said pool shall be located at the
southerly end of said Storrow park at a point approximately
two hundred and fifty feet westerly of the hne of High street
and approximately two hundred feet northerly of the line
of Storrow terrace.

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

Approved February 12, 1936.

An Act regulating the election and employment of /^^^^ 04
teachers in the public schools of the city of lowell. ^'

Be it enacted, etc., as follows:

Section 1. The school committee of the city of Lowell
shall establish by means of written and oral examinations,
and in accordance with such rules and regulations as the
committee, with the approval of the department of educa-
tion, may prescribe, an eligible list of candidates for positions
as teachers in the public schools of said city; and no person
shall be elected to or employed in such a position unless his
name then appears on such list, nor unless he is recommended
therefor by the superintendent of schools of said city. Ex-
cept as otherwise herein provided, chapter seventy-one of
the General Laws shall continue to apply to teachers in the
public schools of said city.

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

Approved February 12, 1936.

An Act authorizing the town of northbridge to con- nhf,^ oc

STRUCT AND MAINTAIN A WATER SYSTEM AND TO ACQUIRE ^'

WATER FOR THE EXTINGUISHMENT OF FIRES AND FOR
DOMESTIC AND OTHER PURPOSES.

Be it enacted, etc., as follows:

Section 1. The town of Northbridge is hereby authorized
to supply and distribute water for the extinguishment of
fires and for domestic and other purposes to the inhabitants
of said town.

Section 2. For the purposes aforesaid said town may
construct, lay and maintain conduits, pipes, standpipes.

38 Acts, 1936. — Chap. 36.

reservoirs, aqueducts, fountains, hydrants and other works
and may purchase any necessary materials. The town
shall not, however, enter upon any lands or ways not owned
by it, except at such time and in such manner as it may
agree upon with the owner or owners thereof. The town
may, for the purposes aforesaid, acquire by purchase, lease,
or gift, any land or interest in land, but shall not, by virtue
of this act, have the power of eminent domain.

Section 3. Said town, acting through its board of
selectmen, may, for the purposes aforesaid, acquire water,
by contract or otherwise, from any person or corporation,
and may distribute the same to the inhabitants of the town
and fix just and equitable prices and rates for the use of
said water; provided, that no source of water supply and no
works necessary for treating, protecting and preserving the
purity of said water shall be taken or used without first ob-
taining the advice and approval of the department of public
health.

Section 4. For the purposes of this act or any one of
them, said town may, from time to time, borrow money and
may issue bonds and notes therefor. Indebtedness incurred
under this act shall be subject to chapter forty-four of the
General Laws, and, so far as applicable, to chapter three
hundred and sixty-six of the acts of nineteen hundred and
thirty-three, as heretofore or hereafter amended.

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

Approved February 12, 1936.

Chap. 36 An Act limiting the time within which the furnace
village water district of easton may borrow money
prior to distributing water.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and fort5'--seven of the
acts of nineteen hundred and thirty-one is hereby amended
by striking out section thirteen, as most recently amended
by section one of chapter three hundred and twenty-three
of the acts of nineteen hundred and thirty-five, and inserting
in place thereof the following: — Section 13. This act shall
take full effect upon its acceptance by a two thirds vote of
the voters of said district present and voting thereon at a
district meeting called, in accordance with the provisions
of section eight, within four years after its passage; but no
loan shall be issued under this act after the expiration of ten
years from the date of its acceptance unless, prior to the
expiration thereof, said district shall have begun the distri-
bution of water to consumers.

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

Approved February 12, 1936.

Acts, 1936. — Chaps. 37, 38. 39

An Act relative to the control of archers pond and Chav 37

LAKE pearl in THE TOWN OF WRENTHAM.

Be it enacted, etc., as follows:

Section 1. The town of Wrentham, through its board
of selectmen, may from time to time make rules and regula-
tions as to the erection, maintenance and control of all pub-
lic bath houses on the shores of Archers pond and of Lake
Pearl (formerly known as Whitings pond) in said town.

Section 2. Said town, through its board of selectmen,
may from time to time make rules and regulations governing
fishing, boating, bathing, skating and other recreational
activities in or on Archers pond and Lake Pearl 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
department of conservation, and such other rules and regu-
lations made under this section shall be subject to the ap-
proval of the department of public works, and, in either case,
when so approved shall have the force of law.

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

Section 4. The violation of any rule or regulation estab-
lished 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 February 12, 1936.

An Act authorizing the town of west newbury to Chav 38

SUPPLY ITSELF AND ITS INHABITANTS WITH WATER AND
VALIDATING ACTION TAKEN IN RELATION TO SUCH WATER
SUPPLY PRIOR TO SUCH AUTHORIZATION.

Be it enacted, etc., as follows:

Section 1. The town of West Newbury may supply
itself and its inhabitants with water for the extinguishment
of fires and for domestic and other purposes; may establish
fountains and hj^drants, 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, act-
ing by its board of water commissioners hereinafter pro-
vided for, may contract with any other municipahty, acting
by 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

40 Acts, 1936. — Chap. 38.

may lease, or take by eminent domain under chapter seventy-
nine of the General Laws, or acquire by purchase or other-
wise, 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 appro-
priated for purposes 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 treat-
ing 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, reser-
voirs, 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 depart-
ment. Said town may construct and maintain on the lands
acquired and held under this act proper dams, wells, reser-
voirs, pumping and filtration plants, buildings, standpipes,
tanks, fixtures and other structures, including also purifi-
cation and treatment works, the construction and main-
tenance 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 com-
plete 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, rail-
roads, railways and pubHc or other ways, and along any
such way in said tov/n 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 pubHc travel thereon; pro-
vided, 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 cor-
poration 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 pur-
pose of making surveys, test pits and borings, and may
take or otherwise acquire the right to occupy temporarily

Acts, 1936. — Chap. 38. 41

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 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 with-
drav/n or diverted by said town under authority 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 expenses
of maintenance and operation, issue from time to time bonds
or notes to an amount, not exceeding, in the aggregate,
seventy-five thousand nine hundred dollars, which shall
bear on their face the words. Town of West Newbury Water
Loan, Act of 1936. 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 6. Said town shall, at the time of authorizing
said loan or loans, provide for the payment thereof in accord-
ance 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 payments 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 im-
prisonment for not more than one year.

Section 8. The selectmen of said town shall serve as
water commissioners until the election and quafification of

42 Acts, 1936. — Chap. 38.

water commissioners at the annual meeting in nineteen
hundred and thirty-seven or at such later date, if any, as
the town may elect water commissioners. Whenever the
phrase "board of water commissioners" or "board" or
"commissioners" occurs in this act it shall mean and 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-seven 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 expiration of two
years, and one until the expiration of one year, from the next
succeeding annual town meeting, to constitute 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 commis-
sioner 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, however, to such instructions, rules
and regulations as said town may impose by its vote. A
majority of said commissioners shall constitute a quorum
for the transaction of business. After the election of a
board of water commissioners 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 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 town or
until another person is quahfied.

Section 9. Said commissioners shall fix just and equi-
table 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 determine upon, and in case a
surplus should remain after payment for such new construc-
tion 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 sub-
ject 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.

Acts, 1936. — Chap. 39. 43

Section 10. The acts and proceedings of the town of
West Newbury at the special town meetings held on Octo-
ber tenth and eleventh, in the year nineteen hundred and
thirty-five in so far as such acts and proceedings relate to
the subject matter of the foregoing provisions of this act,
and all acts done in pursuance thereof are hereby confirmed
and made vahd, to the same extent as if said meetings had
been called, held, conducted and adjourned subsequent to
the effective date of this act.

Section 11. This act shall take effect upon its accept-
ance by a majority of the voters of the town of West New-
bury present and voting thereon at a town meeting called
for the purpose within three years after its passage; but
the number of meetings so called in any year shall not exceed
three. Approved February 12, 1936.

An Act establishing in the town of amesbury repre- nj^rjj. qq

SENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEET- "'

INGS.

Be it enacted, etc., as follows:

Section 1. There is hereby established in the town of
Amesbury the form of representative town government by
limited town meetings hereinafter set forth. Upon the ac-
ceptance of this act by the town of Amesbury as hereinafter
provided, the selectmen shall forthwith divide the territory
thereof into not less than six nor more than ten voting pre-
cincts, each of which shall be plainly designated, and shall
contain not less than five hundred registered voters. All
precincts shall contain approximately an equal number of
registered voters.

The precincts shall be so established as to consist of com-
pact and contiguous territory, to be bounded, as far as pos-
sible, by the center line of known streets and ways or by
other well defined limits. Their boundaries shall be reviewed
and, if need be, wholly or partly revised or the number of
precincts changed within the aforesaid limits by the select-
men in December, once in five years, or in December of any
year when so directed by a vote of a representative town
meeting not later than November thirtieth of that year.

The selectmen shall, within twenty days after any estab-
lishment or revision of the precincts, but not later than
January twentieth of the succeeding year, file a report of
their doings with the town clerk, the registrars of voters and
the assessors with a map or maps or description of the pre-
cincts and the names and residences of the registered voters
therein. The selectmen shall also cause to be posted at the
town hall a map or maps or description of the precincts as
established or revised from time to time, with the names and
residences of the registered voters therein. They shall also
cause to be posted in at least one public place in each pre-
cinct a map or description of that precinct with the names

44 Acts, 1936. — Chap. 39.

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. When-
ever the precincts are established or revised, the town clerk
shall forthwith give written notice thereof to the state secre-
tary, stating the number and designation of the precincts.
Meetings of the registered voters of the several precincts for
elections, for primaries, and for voting upon any question
to be submitted to all the voters of the town, shall be held
on the same day and at the same hour and at such place or
places within the town as may from time to time be deter-
mined by vote at a representative town meeting under an
appropriate article in the warrant therefor, or, in default of
such determination, as the selectmen shall in the warrants
for such meetings direct. The provisions of the general
laws, relating to 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 section
three as town meeting members at large, the representative
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 mem-
bers, and which will not cause the total elected town meet-
ing membership to exceed two hundred. The registered
voters in every precinct shall, at the first annual town elec-
tion held after the estabhshment thereof or at a special
town election held prior to such annual town election, and
at the first annual town election following any precinct re-
vision where the number of precincts is changed, conform-
ably 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 mem-
bers of the town. The first third in order of votes received
of members so elected shall serve three years, the second
third in such order shall serve two years, and the remain-
ing third in such order shall serve one year, from the day
of the annual town election, if elected at such election, and,
if elected at a special town election, shall also serve from
the date of such special town election to and including the
day of the next following annual town election; 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 Hke manner, elect one third of the
number of town meeting members to which that precinct
is entitled for the term of three years, and shall at such
election fill for the unexpired term or terms any vacancy or

Acts, 1936. — Chap. 39. 45

vacancies then existing in the number of town meeting
members in that precinct. Upon every revision of the pre-
cincts where the number of precincts is changed, the terms
of office of all town meeting members from every precinct
shall cease upon the election of their successors. The town
clerk shall, after every election of town meeting members,
forthwith notify each member by mail of his election.

Section 3. Any representative town meeting held under
the provisions of this act, except as otherwise provided
herein, shall be hmited to the voters elected under section
two, together with the following, designated as town meet-
ing members at large; namelj^, any member of the general
court of the commonwealth from the town, the moderator,
the town clerk, the chairman of the board of selectmen, the
town treasurer, the town counsel, the chairman of the plan-
ning board, the chairman of the board of assessors, the
chairman of the board of health, the chairman of the board
of public welfare, the chairman of the school committee,
the chairman of the water commissioners, the chairman
and the secretary of the finance committee and the town
accountant. 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.

Section 4. The town meeting members, as aforesaid,
shall be the judges of the election and quahfications of their
members. A majority of the town meeting members shall
constitute a quorum for doing business; but a less number
may organize temporarily and may adjourn from time to
time. Notice of every adjourned representative town meet-
ing shall be given by the town clerk by publication in a
newspaper published daily and commonly circulated in the
town of Amesbury; and the town clerk shall also notify
the members by mail of the adjournment at least twenty-
four hours before the time of the adjourned representative
town meeting, if the period of adjournment will permit.
The notices shall state briefly the business to be acted upon
at any meeting and shall include notice of any proposed
reconsideration. All town meetings shall be public; and,
subject to such conditions as may be determined from time
to time by the representative town meeting, any voter of
the town who is not a town meeting member may speak at
any representative town meeting, but shall not vote. A
town meeting member may resign by filing a written resig-
nation with the town clerk, and such resignation shall take
effect upon the date of such fifing. No elected member
whose official position entitles him to be a member at large
shall act as a member at large during such time as he re-
mains an elected member. A town meeting member who
removes from the town shall cease to be a town meeting
member and an elected tovv'n meeting member who re-
moves from one precinct to another or is so removed by a
revision of precincts, shall not retain membership after the

46 Acts, 1936. — Chap. 39.

next annual election as an elected member from the precinct
from which he has or is removed. The town meeting mem-
bers as such shall receive no compensation.

Section 5. Nomination of candidates for town meeting
members to be elected under this act shall be made by
nomination papers signed by not less than twenty-five
voters of the precinct in which the candidate resides, and
filed with the town clerk at least fifteen days before the
election; provided, that any town meeting member may
become a candidate for re-election by giving written notice
thereof to the town clerk at least thirty days before elec-
tion. No nomination papers shall be valid in respect to any
candidate whose written acceptance is not thereon or at-
tached thereto when filed.

Section 6. The articles in the warrant for every town
meeting, so far as they relate to the election of the moder-
ator, town officers, town meeting members, and, as herein-
after provided, to referenda and all matters to be acted
upon and determined by ballot shall be acted upon and
determined by the voters in their respective meetings by
precinct. All other articles in the warrant for any town
meeting, beginning with the town meeting at which said
town meeting members are first elected, shall be acted upon
and determined exclusively by town meeting members at
a meeting to be held at such time and place as shall be set
forth by the selectmen in the warrant for the meeting, sub-
ject to the referendum provided for by section nine.

Section 7. A moderator shall be elected by ballot at
each annual town meeting and shall serve as moderator of
all town meetings, except as otherwise provided by law,
until a successor is elected and qualified. Nominations for
and election of a moderator shall be as in the case of other
elective town officers, and any vacancy in the office may be
filled by the town meeting members at a meeting held for
that purpose. If a moderator is absent a moderator pro
tempore may be elected by the town meeting members.

Acts, 1936. — Chap. 39. 47

and a majority of the votes cast shall be required for a
choice. The chairman and the clerk shall count the ballots
and shall make a certificate of the choice and forthwith file
the same with the town clerk, together with a written ac-
ceptance by the member or members so chosen who shall
thereupon be deemed elected and quahfied a town meeting
member or members, subject to the right of all the town
meeting members to judge of the election and qualifications
of the members as set forth in section four.

Section 9. No final vote of any representative town
meeting passing or rejecting a measure under any article in
the warrant, except a vote to adjourn or dissolve, or votes
appropriating money for the payment of notes or bonds of
the town and interest thereon becoming due within the
then current financial year or votes appropriating money
necessary for the performance of any contract entered into
by the town in accordance with a vote or votes of a town
meeting previously held or votes for the temporary borrow-
ing of money in anticipation of revenue, or a vote declared
by preamble by a two thirds vote of the town meeting
members present and voting thereon to be an emergency
measure necessary for the immediate preservation of the
peace, health, safety or convenience of the town, shall be
operative until after the expiration of five days, exclusive of
Sundays and legal hohdays, from the date of dissolution of
the meeting. Any such measure disposed of by a vote to
lay on the table, to postpone indefinitely, or other dilatory
vote, shall be deemed to have been rejected in the form in
which it was presented and perfected or changed by such
amendments, if any, as have been adopted by the said
meeting. If, within said five days, a petition, signed by not
less than twenty-five registered voters in each precinct, con-
taining their names and addresses as they appear on the
list of registered voters, is filed with the selectmen request-
ing that the question or questions involved in any such vote
which has not become operative as aforesaid be submitted
to the voters of the town at large, the operation of such
vote shall be further suspended pending its determination
as hereinafter provided, and the selectmen, within ten days
after the filing of the petition, shall call a special meeting,
which shall be held within fourteen days after the issuing of
the call, for the purpose of presenting to the voters at large
the question or questions so involved. 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
question so submitted shall be determined by vote of the
same proportion of voters at large voting thereon as would
have been required by law of the town meeting members
had the question been finally determined at a representative
town meeting. The questions so submitted shall be stated
upon the ballot in substantially the same language and form
in which they were stated when presented to said representa-

48 Acts, 1936. — Chap. 39.

tive town meeting by the moderator as appears from the
records of the said meeting. If such petition is not filed
within the said period of five days, the vote of the repre-
sentative town meeting shall become operative upon the ex-
piration of the said period.

Section 10. The town of Amesbury after the acceptance
of this act and the first election of town meeting members
thereunder, 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 exclusivel}^, 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 apphcable to the transaction of town
affairs in town meetings shall, when taken by any repre-
sentative town meeting in accordance with the provisions
of this act, have the same force and effect as if such action
had been taken in a town meeting open to all the voters of
the town as heretofore organized and conducted.

Section 11. This act shall not abridge the right of the
inhabitants of Amesbury 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 Amesbury 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 12. This act shall be submitted to the registered
voters of the town of Amesbury for acceptance at the annual
town meeting in nineteen hundred and thirty-six. 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 nine-
teen hundred and thirty-six, entitled 'An Act establishing
in the town of Amesbury representative town government
by limited town meetings ', be accepted by this town?" This
act shall take effect upon its acceptance by a majority of the
voters voting thereon.

Section 13. If this act is rejected by the registered voters
of the town of Amesbury when submitted to said voters under
section twelve it may be submitted for acceptance in hke
manner from time to time to such voters at any annual meet-
ing in said town within three years thereafter.

Approved February 12, 1936,

Acts, 1936. — Chaps. 40, 41, 42. 49

An Act relative to the establishment of reserve Chav 40

FUNDS BY CITIES. ^'

Be it enacted, etc., as follows:

Chapter forty of the General Laws is hereby amended EdViJ^new
by inserting after section five, as appearing in the Tercen- section 5a.
tenary Edition, the following new section: — Section 5 A. ^'^^®*^-
To provide for extraordinary or unforeseen expenditures, a
city may, prior to the date when the tax rate for the year
is fixed, appropriate a sum not exceeding one per cent of the
tax levy for the preceding year to be known as a reserve
fund. No direct drafts against this fund shall be made, but
transfers from the fund may from time to time be voted by
the city council upon recommendation of the mayor, and the
city auditor or ofticer having similar duties shall make such
transfers as are so voted. Approved February 12, 1936.

Reserve fund
in cities.

An Act authorizing the city of Gardner to furnish QJiqj) 41

WATER to the BALDWINVILLE WATER DISTRICT IN THE
TOWN OF TEMPLETON.

Be it enacted, etc., as follows:

Section 1. For the purpose of supplying the Baldwin-
ville water district in the town of Templeton with water
for domestic and other purposes, the city of Gardner may
contract with said district for whatever water it may re-
quire; authority to furnish and to purchase such water
and to enter into such contract being hereby granted. Water
furnished hereunder shall be delivered into a main water
pipe of said district at such price as may be mutually agreed
upon by the city council of said city, with the approval of
the mayor, and by the water commissioners of said district.

Section 2. This act shall take efifect upon its accept-
ance by the city council of the city of Gardner, subject
to the provisions of its charter.

Approved February 12, 1936.

An Act making certain perfecting changes in the law (Jhav 42
relative to water liens.

Be it enacted, etc., as follows:

Section 1. Section forty-two A of chapter forty of the o. l. (Ter.
General Laws, as amended by section two of chapter one f 42A?etc..
hundred and ninety-seven of the acts of nineteen hundred amended. '
and thirty-two, is hereby further amended by striking out,
in the twelfth hne, the words "during the" and inserting
in place thereof the words : — within a period of one, — so
as to read as follows: — Section 1^.2 A. If the rates and ^j^^ter rates,
charges due to a city or town or water district, which accepts lien upon
this and the five following sections by vote of its city council '^^^ estate.
or of the voters in town or district meeting and, by its clerk,

Acts, 1936. — Chap. 42.

G. L. (Ter.
Ed.). 40,
I 42B, etc.,
amended.

Lien, when
to take effect.

files a certificate of such acceptance in the proper registry
of deeds, for supplying water to any real estate at the re-
quest of the owner or tenant, including interest and costs
thereon, as established by local regulations, ordinances or
by-laws, are not paid within sixty days after their due date,
the same shall be a lien upon such real estate in the manner
hereinafter provided, but such lien shall attach only for
water supplied within a period of one year next prior to the
filing of the statement in the registry of deeds as provided
in section forty-two B. Each register of deeds shall record
such certificate of acceptance in a book to be kept for the
purpose, which shall be placed in an accessible location in the
registry. The five following sections shall also apply to a
water district which has accepted sections forty-two A to
forty-two F, inclusive, and whose clerk has so filed the
certificate of acceptance, and wherever in said sections the
word "town" and the phrase "board or officer in charge
of the water department" or "board or officer having con-
trol of the water department" appear, they shall also mean
and include such water district and its water commissioners
or officers exercising similar powers, respectively, A fire
district authorized to supply water shall, for the purposes of
said sections, be deemed a water district.

Section 2. Said chapter forty is hereby further amended
by striking out section forty-two B, as amended by section
one of chapter fifty-six of the acts of nineteen hundred and
thirty-five, and inserting in place thereof the following: —
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
supplied 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 ^''ears from the first day of October next
following. Such statement shall contain the name of the
owner of record of such real estate on January first of the
year in which the lien is filed and a description of such real
estate 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.

Approved February 12, 1936.

Acts, 1936. — Chap. 43. 51

An Act authorizing the town of winchendon to estab- Qfidj) 43

LISH A BOARD OF PUBLIC WORKS EXERCISING THE POWERS
OF CERTAIN OTHER BOARDS, DEPARTMENTS AND TOWN
OFFICERS.

Be it enacted, etc., as follows:

Section 1. There shall be established in the town of
Winchendon an unpaid board of public works, herein-
after called the board, to consist of three members. The
initial members thereof shall be elected one to serve for
one year, one for two years, and one for three years, from
the date of the annual town election at which they are
elected, and thereafter, when the term of any member ex-
pires, his successor 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, forthwith
after each annual town election, elect one of their members
to act as chairman for the ensuing year. In case of a va-
cancy, the remaining members of the board, if they con-
stitute 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. Upon the qualification 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 gen-
eral or special law in the following boards, departments and
officers in said town, to wit: water commissioners, sewer
commissioners, cemetery commissioners, highway depart-
ment including the superintendent of streets, and the tree
warden, 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, depart-
ments and offices so abolished.

Section 3. The board shall appoint and fix the compen-
sation of a superintendent of public works, who shall exer-
cise 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 performance of
such powers, rights and duties, and shall hold office subject
to the will of the board. He shall be specially fitted by edu-
cation, training and experience to perform the duties of said
office, and may or may not be a resident of the town. Dur-
ing 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 common-

52 Acts, 1936. — Chap. 44.

wealth 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 exer-
cise 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 pubhcation. 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 esti-
mate in writing of the appropriations required during the
next succeeding fiscal year for the proper exercise and per-
formance 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 by a majority
vote of the legal voters present and voting thereon by ballot
at any town meeting held after three years following the
annual town election at which this act becomes fully effec-
tive 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 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-six, entitled 'An Act au-
thorizing the Town of Winchendon to establish a Board of
Public Works exercising the powers of certain other Boards,
Departments and Town Officers', be accepted?" If a ma-
jority 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; otherwise it
shall be of no effect. Approved February 12, 1936.

Chap. 44 An Act authorizing the appointment in the town of

WINCHENDON OF A TOWN PHYSICIAN,

Be it enacted, etc., as follows:

Section 1. The board of selectmen of the town of
Winchendon may, annually in April, appoint a registered
physician to be the town physician of said town, who shall

Acts, 1936. — Chap. 45. 53

serve for one year from May first following his appointment
and until the quahfication of his successor. Said town
physician shall receive such compensation as the town may
annually vote at its annual town meeting, and such appoint-
ment 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 per-
formed by said town physician. The appointment herein
authorized shall be in addition to that authorized by sec-
tion 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 at the annual town meeting in the current year in
the form of the following question, which shall be placed on
the official ballot to be used for the election of the town
officers at said election: — "Shall an act passed by the
general court in the year nineteen hundred and thirty-six
entitled 'An Act authorizing the appointment in the town
of Winchendon of a town physician', be accepted?" If a
majority of the votes in answer to said question are in the
affirmative, this act shall thei*eupon take effect, but not
otherwise. Approved February 12, 1936.

An Act relative to the payment of the cost of con- Qhav 45

STRUCTION OF PARTICULAR SEWERS AND CONNECTING
DRAINS IN THE TOWN OF BRAINTREE.

Be it enacted, etc., as follows. •

Section 1. The town of Braintree, through its board
of sewer commissioners, may, upon the application of the
owner of any estate abutting on any way where a main
drain or common sewer is constructed, lay in such sewered
way and in the private land of such owner such particular
sewer or connecting drain as may be necessary to connect
any building on such estate with such main drain or sewer,
and said board may make all necessary contracts in the
name and behalf of the town for such purpose. The ex-
penses thereof shall be paid out of any appropriation that
may be made by the town therefor.

Section 2. The cost of constructing each particular
sewer or connecting drain shall be assessed by the board of
sewer commissioners upon the estate benefited thereby.
Such assessment shall be made by filing with the board of
assessors of the town a certificate, designating the way and
the private land in which such particular sewer or connecting
drain has been constructed, and giving the name or names
of the owners of the estate for which such connection has
been made and the amount of the assessment to be paid by
such owner or owners. A copy or duplicate of this certifi-
cate shall, within ten days after the filing of the same with
the board of assessors, be recorded in the registry of deeds

54 Acts, 1936. — Chap. 46.

for the county of Norfolk, or, in the case of registered land,
filed in the office of the assistant recorder for Norfolk county
registry district. The board of assessors shall, upon receipt
of such certificate, forthwith commit such assessments or
charges with their warrant to the collector of taxes, who
shall forthwith make a demand in writing for the payment
of such assessments or charges, and every owner shall,
within three months after such demand is served upon him
or on the occupant of such estate, or sent by mail to the last
address of the owner known to the collector of taxes, pay to
the collector of taxes the sum so assessed or charged.

Section 3. Except as herein provided, the provisions
of general law relative to the assessment, apportionment,.
division, re-assessment, abatement and collection of sewer
assessments, to liens therefor and to interest thereon shall
apply to assessments made under this act. In applying
said provisions to assessments made under the act, the notice
referred to therein shall be deemed to be the demand of the
tax collector required by section two hereof. The lien for
any assessment made under this act shall attach upon the
recording or filing for registration of the copy or duphcate
of the certificate of assessment. In the apportionment of
assessments made under this act, no instalment shall be
less than five dollars.

Section 4. This act shall take effect upon its acceptance
by the voters of the town of Braintree at a town meeting
held in the current year. Approved February 12, 1936.

Chap. 46 An Act authorizing the city of beverly to compensate

THE MEMBERS OF ITS BOARD OF ALDERMEN.

Be it ejiacted, etc., as follows:

Section 1. Section thirteen of chapter five hundred and
forty-two of the acts of nineteen hundred and ten is hereby
amended by striking out the second sentence and inserting
in place thereof the following: — Its members shall receive
in full compensation for their services as members of the
board of aldermen, or of any committee thereof, such salary
as may be established by ordinance, but not exceeding three
hundred dollars per annum for each member, — so as to
read as follows: — Section 13. The board of aldermen shall,
so far as is consistent with this act, have and exercise all the
legislative power of towns and of the inhabitants thereof,
and shall have and exercise all the powers now vested by law
in the city of Beverly and in the inhabitants thereof as a
municipal corporation, and shall have all the powers and
be subject to all the Habilities of city councils and of either
branch thereof, and it may by ordinance prescribe the manner
in which such powers shall be exercised. Its members shall
receive in full compensation for their services as members
of the board of aldermen, or of any committee thereof, such
salary as may be established by ordinance, but not exceeding

Acts, 1936. — Chaps. 47, 48. 55

three hundred dollars per annum for each member. Sessions
of the board whether as a board of aldermen or as a com-
mittee of the whole shall be open to the public, and a journal
of its proceedings shall be kept, which journal shall be sub-
ject to public inspection. The vote of the board upon any
question shall be taken by roll call when the same is requested
by at least three members. Nothing herein shall prevent
the board, by special vote, from holding private sittings for
the consideration of nominations by the mayor.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Beverly at the annual
city election in the current year in the form of the following
question which shall be placed upon the official ballot to be
used at said election: — "Shall an act passed by the general
court in the current year, entitled 'An act authorizing the
city of Beverly to compensate the members of its board of
aldermen', be accepted?" If a majority of the votes cast
on said question are in the affirmative, this act shall take
effect on January first, nineteen hundred and thirty-seven,
otherwise it shall have no effect.

Approved February 12, 1936.

An Act relative to the transfer or delegation of fhr/jy 47

CERTAIN powers, DUTIES AND OBLIGATIONS VESTED BY ^'

SPECIAL LAW IN THE SELECTMEN OF THE TOWN OF MARION.

Be it enacted, etc., as follows:

Section 1. The town of Marion, to the extent authorized
by general law and in accordance therewith, may from time
to time transfer or delegate to any officer or board thereof,
now or hereafter elected or appointed, any of the powers,
duties and obligations which were, by chapter thirty-five of
the acts of nineteen hundred and thirty-two, vested in and
imposed on its selectmen, as successors to its commission of
public works established under chapter forty-eight of the
Special Acts of nineteen hundred and fifteen, notwithstand-
ing any provision of said chapters.

Section 2. This act shall be submitted to the voters of
said town at its annual town meeting in the current year;
and, if accepted by a majority of the legal voters present and
voting thereon, section one of this act shall take effect, but
not otherwise. Approved February 12, 1936.

An Act authorizing the town of north reading to

SUPPLY itself and ITS INHABITANTS WITH WATER.

Be it enacted, etc., as follows:

Section 1. The town of North Reading 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.

Chap. 48

66 Acts, 1936. — Chap. 48.

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 municipahty,
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 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 ease-
ments 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, reser-
voirs, 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 ac-
quired and held under this act proper dams, wells, reser-
voirs, pumping and filtration plants, buildings, standpipes.
tanks, fixtures and other structures, including also purifica-
tion 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 corporation except

Acts, 1936. — Chap. 48. 57

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 pubUc utiHties. 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 author-
ized by this act.

Sectiox 2A. Nothing in this act shall affect or limit any
right of the town of North Reading to draw water from
Swan's pond therein.

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 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 authority of this
act.

Section 5. Said town may, for the purpose of paying
the necessary expenses and liabilities incurred or to be in-
curred under the provisions of this act, other than expenses
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 North Reading Water Loan, Act of 1936.
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 pro-
visions 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, pol-
lutes or diverts any of the waters taken or held under this
act, or injures any structure, work or other property owned,

58 Acts, 1936. — Chap. 48.

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 re-
covered 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 im-
prisonment for not more than one year.

Section 8. The water committee of said town appointed
at a special town meeting held October twenty-second,
nineteen hundred and thirty-five, shall serve as water com-
missioners until the election and qualification of water
commissioners at the annual meeting in nineteen hundred
and thirty-seven 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 include
the board of water commissioners or the water committee
acting as such, as the case may be. Said town shall at the
annual meeting in nineteen hundred and thirty-seven 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 constitute
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, however, to such in-
structions, rules and regulations as said town may impose
by its vote. A majority of said commissioners shall con-
stitute a quorum for the transaction of business. After the
election of a board of water commissioners 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 section eleven of chapter forty-one of
the General Laws, and the person so appointed shall per-
form the duties of the office until the next annual meeting
of said town or until another person is quahfied.

Acts, 1936. — Chaps. 49, 50. 59

the approval of the town, may determine upon, and in case
a surplus should remain after payment for such new con-
struction 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 North
Reading present and voting thereon at a town meeting called
for the purpose within three years after its passage; but the
number of meetings so called in any year shall not exceed
three. Approved February 12, 1936.

An Act relative to liability for violation op certain nhnry 40

PROVISIONS OF THE LAW OF THE ROAD. ^

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared to p'''^'^'"^!''-
be an emergency law, necessary for the immediate preser-
vation of the pubhc convenience.

Be it enacted, etc., as follows:

Section five of chapter eighty-nine of the General Laws, g. l. (Ter.
as appearing in the Tercentenary Edition, is hereby amended Amended.* ^'
by striking out all after the word "dollars" in the third hne,
— so as to read as follows : — Section 5. Whoever violates Penalties.
any of the provisions of the four preceding sections shall,
upon complaint made within three months after the commis-
sion of the offence, forfeit not more than twenty dollars.

Approved February 13, 1936.

An Act authorizing the town of Manchester to borrow fhrfj. kq

MONEY FOR MEETING ITS SHARE OF THE COST OF DREDGING ^'

MANCHESTER HARBOR IN SAID TOWN.

Be it enacted, etc., as follows:

Section 1. For the purpose of meeting its share of the
expenditures required to dredge Manchester harbor in the
town of Manchester, with a view to improving the said harbor
for navigation, all of said work to be done by the state de-
partment of public works under and subject to the provisions
of section twenty-nine of chapter ninety-one of the General
Laws, said town may, within five years from the passage of
this act, borrow a sum not exceeding sixteen thousand dollars,
and may issue notes for any moneys so borrowed, each of
which notes shall bear on its face the words, Manchester
Harbor Dredging Loan, Act of 1936, and shall be payable
within five years from its date; provided, that no money
shall be borrowed and no notes shall be issued hereunder

60 Acts, 1936. — Chaps. 51, 52.

unless the sum of at least four thousand dollars toward pay-
ment of expenses aforesaid has been appropriated from avail-
able revenue funds or voted to be raised by taxation in the
year in which the loan is authorized. Indebtedness incurred
under this act shall be inside the statutory hmit, 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 February 13, 1936.

Chap. 51 An Act relative to the powers of the teachers'

ANNUITY GUILD.

Be it enacted, etc., as follows:

Section 1. The Teachers' Annuity Guild is hereby em-
powered, at any time it deems best, to employ the services
of some fiduciary agent outside the membership of said guild,
or to contract with some bank or trust company to take over
the assets of said guild and to administer the same in accord-
ance with the provisions of such trust as said guild may
establish for the purposes of said guild.

Section 2. Any provision of chapter one hundred and
seventy-six of the General Laws or of any amendments
thereto relating to fraternal beneficiary associations incon-
sistent with the provisions of section one of this act, shall
not apply to said guild, Approved February 13, 1936.

Chav. 52 An Act relative to the establishment in the town of

IPSWICH OF A BOARD OF TRUSTEES TO MANAGE THE LAND
OF THE TOWN AT GREAT NECK.

Be it enacted, etc., as follows:

Section 1. The town of Ipswich is hereby authorized to
elect by ballot, at its annual town election in the year nine-
teen hundred and thirty-seven, three persons to constitute
a board of trustees for the management of the land owned by
the town at Great Neck, in said Ipswich. One of such trus-
tees shall hold office until the expiration of three years, one
until the expiration of two years, and one until the expiration
of one year, from said election; and at each annual town
election thereafter one such trustee shall be elected bj^^ ballot
for three years. Said board of trustees shall be subject to
such instructions, rules and regulations as said town may
from time to time impose by vote.

Section 2. This act shall be submitted for acceptance
to the registered voters of the town of Ipswich at the annual
town meeting in the current year. If a majority of the votes
cast thereon at said meeting are in the affirmative, this act
shall take full effect, but not otherwise.

Approved February 13, 1936.

Acts, 1936. — Chaps. 53, 54. 61

An Act authorizing manufacturing and dealing in (Jhav. 53

PAINT REMOVER OR VARNISH REMOVER WITHOUT A
LICENSE.

Be it enacted, etc., as follows:

Section three hundred and three A of chapter ninety-four o. l. (Ter.
of the General Laws, inserted by section three of chapter f sosl^etc.
three hundred and seventy-two of the acts of nineteen hun- amended.
dred and thirty-four, and amended by chapter three hundred
and forty-two of the acts of nineteen hundred and thirty-five,
is hereby further amended by inserting after the word "sol-
vent" in the sixth hne the words: — or paint remover or
varnish remover, — so as to read as follows: — Section SOS A. ^^lf,°i „,

_ ' . 1 1 • 1 11 • nietnyl or

No person other than a registered druggist shall engage in wood alcohol,
the business of manufacturing, buying, selling, transporting, ''^^^
importing, exporting or dealing in methyl alcohol, or wood
alcohol, so called, or any preparation, other than shellac
varnish or shellac solvent or paint remover or varnish re-
mover, used for manufacturing or commercial purposes which
contains more than three per cent of methyl alcohol and is
intended for use other than as a beverage, without being
licensed so to do as provided in section three hundred and
three B. Approved February Id, 1936.

An Act dissolving certain corporations. Chap. 54

Whereas, It is necessary that certain delinquent and other Emergency
corporations be dissolved in the current year, therefore this p''^*""'^^^-
act is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. Such of the following named corporations Certain
as are not already legally dissolved are hereby dissolved, duTolved!''**
subject to the provisions of sections fifty-one, fifty-two and
fifty-six of chapter one hundred and fifty-five of the General
Laws : —

A. A. Martin Company, AAR Corporation, The, ABC
Laundry Company, Incorporated, A. B. Manufacturing
Company, A. Baume, Inc., A. Bloom Shoe Company, A. C.
Farr, Inc., A. Doykos & T. Pappas, Inc., A. E. Perry Com-
pany Inc., A. E. Sibley and Sons, Inc., A. L. Brooks Com-
pany, A. L. Smith Iron Works, The, A. T. 0. N. Beauty
Shop and School, Inc., Abbott Business Service Inc., Acme
Motor Car Co. Incorporated, Adams & Powers Co., Addo
Corporation, The, Air Line, Inc., Aircon Corporation T, L.
Reenstierna System, Albert W. Nelson, Inc., Alden-Chand-
ler Chemical Co., The, Alden Printing Company, Alden
Wood Heel Co., Alemite Company of N. E., Alert Awning
& Canvas Goods Company, Inc., Alfred Sears Co., Alham-
bra Rubber Company, The, All American Oil Burner Corp.,
The, All Metal Die Company, Allan A. Gillis Construction

62 Acts, 1936. — Chap. 54.

Company, Allen Tours Company, Allied Automotive Cor-
poration, Allied Productions Corporation, Allied Weekly
Publications, Inc., Allinmesh Transmission Company, All-
ston Auto Body Repairing Co., Inc., The, Al's Shoe Store,
Inc., Ameha Rosenau, Inc., American Colonial Furniture
Co., American Consolidated Electric Co. of New England,
American Curatex Corporation, American Educational
Guild, Inc., American House, Inc., American Mattress
Company, American Products Distributors, Inc., American
Rubber Company, American Theatres Co. of Gloucester,
Amherst Brick Company (1920), Amherst Consumers'
Cooperative, Inc., Amory Shoe Co., Amplex Blending
Co., Inc., The, Anderson Chemical Company, Andre Rubber
Mould Company, Inc., Andrew Schlehuber, Inc., Andrews
Milk Company, Anessa Loan Association, Inc., Ann-Lee,
Inc., Anna S. Caramanis, Inc., Appleton Electrical Co.,
Appleyard Motor Company, Aqua Chemical Company, Inc.,
Arch Restaurant, Inc., Arden Shoe Company, Inc., Ariel
Company of New England Inc., Arno's, Inc., Arthur H.
Abbott, Inc., Arthur H. DuGrenier Sales Corporation,
Arthur H. Tucker & Son, Inc., Aspinwall Hospital Inc.,
Associated Golf Clubs, Inc., Associated Laundries, Inc.,
Associated Merchants and Manufacturers of New England,
Inc., Associated Metals Incorporated, Assonet Reclaiming
Corporation, Assonet Rubber Company, Aster Oil Burner
Product Co., Athens Bankers' Corporation, Atlantic Adver-
tising Agency, Inc., Atlantic Coast Shipping Company, In-
corporated, Atlantic Electric Lamp Co., Atlantic Importers
and Beverage Company, Inc., Atlantic Park Company, At-
lantic Shipper Publishing Company, Atlas Fuel Company,
Atlas Oil Burner Co. Inc., Atlas Wharf and Storage Co.,
Atmospheric Engineering Corporation, The, Attleborough
City Manufacturing Company, The, Auburn Orchard Com-
pany, Incorporated, Audet Bakery, Inc., Austin Manufac-
turing Company, Austin W. McLean Company, Auto Fi-
nance Corp., Auto Smock & Clamp Company, Automatic
Regulator and Valve Corporation, The, Automatic Safety
Valve Co., Automatic Sales Company, Inc., Automotive
Service, Inc., Avenue Fish Co., Avenue Pharmacy Incor-
porated, The, Avery & Lowry Company, Avis Products,
Inc., Avon Brick Corporation, Avon Realty Corporation.

B. A. Carroll Stevedoring Company, Inc., B & W Lines,
Inc., The, B. S. & C. O. Littlefield, Inc., Bailey Chevrolet
Co., Bailey Embroidery Goods Company, The, Bailly Wood
Heel Company, Baker & Selesnick Co., Baker Supply Com-
pany, Ballardvale Flock Corporation, Ballou Construction
Company, Banner Shoe Company, Inc., Barber Electric
Manufacturing Company, Barger Furniture Corporation,
Barille, Brunelle Furniture Company, Barnstable County
Creamery, Inc., Barnstead Manufacturing Co., Barr &
Bloomfield Shoe Mfg. Co., Bassett Cranberry Company,
Batchelder and Felton Coal Company, Bay State Contract-
ing Co., Inc., The, Bay State Corporation, The, Bay State

Acts, 1936. — Chap. 54. 63

Distributors, Inc., Bay State Doughnut Corporation, Bay-
State Hospital, Incorporated, Bay State Loan and Finance
Corporation, Bay State Motor Car Company, Beach's Mar-
ket, Inc., Beacon Hill Taxicab Corporation, Beacon Mar-
kets, Inc., Beacon Rubber Company, Beauticians, Inc.,
Beaver Lake Amusement and Realty Co., Inc., The, Beaver
Realty Corp , Becket Publishing Co. Inc., Bedell Company
of Massachusetts, The, Beecher Falls Company, Inc., Be-
lisle Printing and Publishing Company, Bell Manufacturing
Company, Bello Corporation, The, Belmer Products, Inc.,
Belmont Development Company Inc., Belmont Mfg. Co.,
Benj. D. Solomon, Inc., Bennett Bros. Co., Bergardi Clothes
Inc., Berkeley Drug Co., Berkshire Art Studios, Inc., Berk-
shire Laundry Machinery Company, Berkshire Motors, Inc.,
Berkshire Rubber Co. of Mass., Inc., Bernard F. Smith,
Inc., Berry Drug Co. Inc., Bertram Realty Corporation,
Bigelow, Kent, Willard & Co. Inc., Blackmer Pharmacy,
Inc., Blaine, Inc., Blanchard-Pennock Co., Blewett Bread
Co., Block's, Inc., Blodgett & Dykes Inc., Blue Bird Baby
Carriage Co., Blue Hills Cafeteria, Inc., Blue Ridge Finance
Company, The, Bob Comins Sporting Corporation, Bogan
Heating Corporation, Bolton "Friend" Co., Bon-Air Radi-
ator Corporation, Bonded Adjustment Service, Inc., Bo-
nelli-Adams Co., Bonnar Atwood, Inc., Boss Dry Goods
Company, Boston- Amsterdam Despatch Inc., Boston Broad-
casting Company, Boston-Burlington Express, Inc., Boston
Caporative Cap Works, Boston Concrete Corporation, Bos-
ton Conservatory of Music, Inc., Boston Credit Co., The,
Boston Dental Co., Boston Fibre Co., Inc., Boston Finan-
cial News, Inc., Boston Flexotile Floor Company, Boston
Hebrew National Sausage Co. Inc., Boston Hupmobile
Company, Inc., Boston Meat Market Inc., Boston Plaster
Co. Inc., Boston Plating Supply Company, Inc., Boston
QuaHty Shoe Manufacturing Company, Boston Rubber
Shoe Company, Boston Securities Corporation, Boston
Shamrock Lacrosse Club, Inc., Boston Sheet Metal & Ster-
ihzer Company, Inc., Boston Shoe Buyers, Inc., Boston So-
nera Corporation, Boston Toy Company, Boston Wool
Associates, Inc., Boston Wool Auctions, Inc., The, Bos-
tonia Drug Co., Inc., Bowdoin Shoe Co. Inc., Bowen Con-
tracting Company, Bowmar's, Inc., Boylston & Tremont
Corporation, Boylston Cafe, Inc., Bradley's Inc., Braeburn
Realty Company, Inc., Braintree Building Company, Brain-
tree Oil Processing Company, Brewer's, Inc., Brewery De-
velopment and Management Co., Brideau Construction
Company, Bridgeport Coach Lace Company of Massachu-
setts, The, Broad Realty Corp., Broadway Drug, Incor-
porated, Broadway Poultry Co., Inc., Brockton Drug
Company, Brody Drug Company, Bronlee Motors Inc.,
Bronlow Realty Corporation, The, Brookhne Neighborhood
Theatre, Inc., Brooks Reed Gallery, Inc., Brownell and
Burt, Inc., Browning, King & Company, Inc., Bruner
Health Inc., Brunswick Shoe Co. Inc., Buchholz Company,

64 Acts, 1936. — Chap. 54.

The, Building, Weatherproofing & Sandblasting Corp.,
Buker's Incorporated, Bulletin Advertising Company, Bun-
ten Hardware Co., Burdett Steel Construction Co. Inc.,
Burke's Sporting Club, Inc., Burns Burner Company In-
corporated, Burt Drug Company, Inc., Burtman Rondeau
Co. Inc., Burton & Rogers Manufacturing Company, Bur-
ton Ethnological Society, Incorporated, The, Burton- Web-
ber Company, Business Management Corporation, The,
Business Survey, Inc., Buzzard's Bay Realty Trust Inc.,
Buzzell's Supply House Incorporated, Byproduct Fuel
Company.

C. C. Anthony, Inc., C. C. Temple Company, C. C. Whitte-
more's Inc., C. D, Brown Co., C. D. Swain & Co., Inc., C.
E. Buell Co., C. E. Buell, Inc., C. F. Hatch Company, The,
C. M. Callahan, Inc., C. M. Ryder Company, Inc., C. P.
Rockwell, Incorporated, C. Q. & R. Inc., C. R. Corwin Com-
pany, C-V Products Corp., Cabot Drug Corporation, Caccy's
Candies, Inc., Cadorette Electrical Co., Inc., Cafe de Mar-
seille Company, Caledonia Realty Company, Calvin Shoe
Co., Cambridge Trucking Company, Camp Shari, Inc.,
Campo-Majestic, Inc., Campon Company, Canadian Club
Corporation, Canton Beverages Inc., Cape Ann Amusement
Company, Inc., Cape Ann Quarries, Inc., Cape Cod Sea
Foods, Inc., Capitol Tailor Shop, Inc., Capobianco Construc-
tion Company, Carl E. Forsberg, Inc., Carl E. Johnson, In-
corporated, Carney-Spicer Company, Incorporated, Car-
nicelli and Collins, Incorporated, Caroline Peabody, Inc.,
Caron's Market, Inc., Carroll Electrical Company, Carter
Shoe Company, Carver System, Incorporated, The, Cas-Co
Beverage Corporation, Casey-Foster Co., The, Causeway
Print, Inc., Cecil T. Bagnall Company, Cedar Acres Con-
servatories, Inc., Cedar Hill Investment Corporation, Central
Berkshire Mortgage Corporation, Central Beverages Incor-
porated, Central Corporation, Central Market Inc., Cereal
Meal Corporation of Massachusetts, The, Cethn's, Inc.,
Champion Window Company, Inc., Charles B. Russell, Inc.,
Charles Costas Co., Charles Hetzel Associates, Inc., Charles
Real Estate Co., The, Charles T. Wheelock and Co., Inc.,
Charme Company Inc., Chase & Williams Coal Co., Chase
Discograph Corporation, Chauncey Neckwear Company,
Checker Dining Car Company, Chester Granite and Polish-
ing Works, Chief Dairy, Inc., Chinese American Restaurant
Corporation, Chocco- Yeast, Incorporated, Church St. Gar-
age Inc., Cinema Salon, Inc., Citrus Products Equipment
Co., The, City Coal Co. of Fitchburg, City Fuel Transport,
Inc., City Hall Garage, Inc. of Lowell, City Lunch Inc. of
Revere, City Motor Parts, Inc., Clam River Turnpike Cor-
poration, Clancy Stable Company, Clark Coal Co., Inc.,
Classic Maid Underwear Mills, Inc., Clear View Windshield
Company, Cleen-Well Corporation, Clifford Cobb Company,
Coastal Tankers, Inc., Cobb-Manley Co., Coca-Cola Bot-
tUng Works of Worcester, Coin-A-Day Clock Company, Colas
Roads Inc., Cold Spring Brewing Company (1933), Colla-

Acts, 1936. — Chap. 54. 65

more & Opp Corp., CoUieson Bros., Incorporated, Colonial
Furniture Shoppe, Inc., Colonial Insecticide Company, Col-
pak. Green & Fine, Inc., Columbia Construction Company,
Inc., Columbia Record Sales Co., Columbia Sales Company,
Comfort Orthopedic Co., Inc., Commercial Credit Company,
Commercial Loan and Trust Corporation, Commonwealth
Development Company, Commonwealth Hygienic Ice Com-
pany, Commonwealth Sand Company, Community Retailers
Association, Inc., Co. G. 101st. Infantry United States
Veterans A. E. F. Inc., Concord Heel Company, Inc., Con-
roy Motor Company, Consolidated Amusement Co., Con-
solidated Luggage, Inc., Consumer Sales Corporation, Con-
tinental Shoe Corp., Converse Building Inc., Cook Wood Heel
Company, Inc., Cooper & Brush, Inc., Copeland Realty Co.,
Cornhill Lunch, Inc. (1934), Cotton City Curtain Co., Inc.,
Cotuit Transportation Co., Credit Advisors Inc., Credit
Mens Mutual Protective Corporation, Credit Reporting
Bureau of Haverhill, Inc., Creditors & M[erchants Protective
Assn., Inc., Creme-Supreme Inc., Criterion Realty Company,
Inc., Culver Boot Corporation, Cumings Garage, Inc., Cum-
mington Corporation, The, Cunningham Drug Co., Cunning-
ham Packing Co., Cunningham Witch Hazel Company,
Curran, Myers, Carleton Co., Curtis Automatic Products
Inc., Curtis Engineering Corporation.

D. & W. Sprinkler Mfg. Co., D. C. Lunch Co., D. F. Flagg
Company, D. J. Daley Co., D. Leverone & Sons, Inc., D.
W. Packard Motor Company, Da-Kins Laboratories, Inc.,
Dailey Hotel Trust, Inc., Dairy Products Co., Dame-Homer
& Co., Inc., Danforth Institute of Business Administration,
Incorporated, Daniel B. Desmond, Inc., Daniel Creed, Inc.,
Daniel Mazza Co., Daniel's Mens Shop, Inc., D'Arcy Inc.,
David B, Isenberg Co., David H. Quinn & Company, Inc.,
David Kammarman Incorporated, David Lemelman Co.,
Davies General Tire Company, Daymitsha Padding Com-
pany, Dayton A. Webster Inc., De Luca Interior Decorat-
ing Corporation, Dedham Ice Cream Inc., Del Monte's,
Inc., Delano, Potter & Co. Inc. (1919), Dependable Motors
Inc., Des Moines Gekco Company, The, Dill & Co. Inc.,
Directo Company, Distillers Company, Incorporated, Dis-
tributors Oil Corporation, Dix Realty Co., Inc., Dr. A. J.
Fortunati and Associated Dentists, Inc., Dr. Bafalis Dental
Studio, Inc., The, Dr. McKnight, Inc., Dr. Rouse Company,
Dr. Saunders Dental Co., Dole Bros. Hops & Malt Co., Inc.,
Don-Mac Manufacturing Co., Don Simonds Company,
Donald A. Adams Co., Inc., Donoghue's Express Co., Inc.,
Donovan's, Inc., Dorchester Milton Garage, Inc., Down
East Stages, Inc., Drews World Standard Shows, Inc.,
Driscoll Motor Freight Inc., Du-Ray Corporation, Durgin-
Park & Company, Dyson Drug Company.

E. D. Ward Company, E. Desmarais Plumbing & Heat-
ing Co., E. H. Clapp Rubber Products Company, Incorpo-
rated, E. I. Donahue Inc., E. J. Fitzwilliam Company, E. J.
Jones Company, E. M. Sime, Inc., E. S. Company, Inc.,

66 Acts, 1936. — Chap. 54.

Eagle Super-Market, Inc., East Boston Columbus Associa-
tion, Incorporated, East Street Corporation, Eastern Cast
Stone Company, Eastern Distributors, Inc., Eastern Drug
Company, Eastern Expanded Metal Company, Eastern
Import Co., Inc., Eastern Insurance Agency, Inc., Eastern
Mortgage Corporation, Eastern Motor Sales, Inc., Eastern
Service Company, Eastern Trucking Corp., Easton Co., Inc.,
The, Eaton & McGee Inc., Eaton-Dikeman Company, The,
Economy Electric Co., Eddy Refrigerator Co., The, Edgar-
town Garage Company, Edgerly Realty Corporation, Edison
Cleaners & Dyers, Inc., Edward T. Harrington, Inc., Edwin
B. Dwelley, Incorporated, Edwin Bartlett Co., The, El
Prado Club Cigar Co., Electric Gas Lighting Company,
Electric Shop, Inc., The, Electro-Lyne Corporation, Elite
Distributing Co., Elhot's, Inc., Ellis Construction Co., The,
Ely Rosenbloom, Incorporated, Emile Ossen & Klein, Inc.,
Emmel Bros., Inc., Employee Associates, Inc., Enterprise
Oil Burner Co. of New England, Enterprise Oil I3urner Sales
Corporation, The, Equitable Mortgage Company, Erie
Petroleum Corporation, Erving P. Morse & Co., Inc., Essex
Bag Co., Inc., Essex County Greyhound Association, Inc.,
Essex County Wrecking Service, Inc., Essex Dry Goods
Store, Inc., Essex Publishing Company, Essex Store Co.,
Estate Analysis Corporation, The, Estate Builders Corpora-
tion, Esther Abelson Inc., Etablissements Textiles Franco-
Beiges, Inc., Eugene J. Murphy Company, Eugene LeBoeuf,
Ltd., Eugene Selg Co., Inc., Eureka Realty Company, Evans
Manufacturing Co., Evens Knitting Company, Ever-Ready
Oil Heat, Inc., Everett City Lumber Co., Everett Knight
& Whippet, Inc., Everett Oil Burner Company, Incorporated,
Everett Oil Process Company, Everett Sales Co. Inc.,
Everybody's Fruit Market, Inc., Ewings, Inc., Excavation
Sales and Service Co., Inc., Exchange Fruit & Produce Co.

F. A. Moulton, Inc., F. E. Greenlay Co., F. H. Sadler
Co., The, F. H. Young Company, F. J. Mathieu Shoe Co.,
F. L. Maynard Company, F. P. O'Connor Company, F. P.
O'Connor Corporation, F. W. Hunt Company, Facey-
Merrill Inc., Factor Corporation, The, Factual Service, Inc.,
Fair Sex Shoes, Inc., Fairfield Realty Company, Faneuil
Express Co. Inc., Fargo Street Warehouse Company,
Farmer's Incorporated, Farms Company, Farragut, Inc.,
The, Fashion Cloak Co. Inc., Fay Wood Heel Co. Inc., Fears
Land Company, Federal Garage of Brockton, Inc., Feder-
man Associates, Inc., Fehx Schaul Neckwear Co., Inc.,
Fenway Shoe Co., Fidelity Construction Company, Fidelity
Realty & Mortgage Corp., Field Brothers, Inc., Fine Rubber
Co. Inc., The, Finnish Trucking Co., Inc., The, First Syn-
dicate Stores, Inc., Firth-Smith Company, Fisherman Cold
Storage Company, Fishermen's Stabilization Corporation
of New England, Fitchburg Cattle Co., Fitchburg Cleaners
& Dyers, Inc., Fitchburg Grinding Machine Corporation
(1926), Fitchburg Shoe Company, Inc., Fleet Travel Service,
Inc., Flexnit Co., Inc., Flood Square Pharmacy, Inc., Ford

Acts, 1936. — Chap. 54. 67

Furniture Company Inc., Foreign Oil Company, Foss &
Crabtree, Inc., Foster Realty Company, Foulds Manufac-
turing & Sales Company, Inc., The, Foxboro Wood Com-
pany, Framingham Last Co. Inc., Frank Booth Co., Frank
Imhof Co., Frank Mattie, Inc., Frank McCann, Inc., Frank
Nason Electric Company, Frank W. Dallinger Co., Franklin
Amusement Co., Franklin Cafeteria, Inc., Franklin Finance
Corporation, Franklin Spring Co., Franklin Street Securi-
ties Corporation, The, Franklin- Wear Company of Melrose,
The, Fred Gahm & Son Company Inc., Fresh Fruit Prod-
ucts, Incorporated, Friendly Products Company, Fritz
Construction Co. Inc.

G. A. Adams Shoe Co., G. & L. Shoe Company, G. F.
Goldthwait Furniture Company, G. F. Wilhams & Son,
Inc., G. H. Barrel & Co., Inc., G. H. Hoji; and Son, Incor-
porated, G. J. Keller, Inc., Gard Electric Supply Co., Inc.,
Garden City Auditorium, Inc., Gardner Chair Company,
Garfield Investment Corporation, Gas Apphance Corp.,
Gas-Electric Shop, Inc., The, Gekco Company of Birming-
ham, The, Gekco Company of Detroit, The, Gekco Com-
pany of Fort Worth, The, Gekco Company of Houston,
The, Gekco Company of Indianapolis, The, Gekco Com-
pany of Kansas City, The, Gekco Company of Minnesota,
The, Gekco Company of Richmond, The, Gekco Company
of St. Louis, The, Gekco Company of Salt Lake City, The,
Gekco Company of San Francisco, The, Geller Mees Co.,
General Amusement Company, General Art Co., Inc.,
General Chain Company, General Sound Service Company,
General Spinning Corporation, General Wines & Spirits
Corporation of Mass., Genesee Distributors, Inc., Geoffrey
Shoe Company, The, Geo. A. Fernald Co., George D. Hall
Company, Geo. E. Keith French Stores, Inc., George E.
Marsh Company, The, George F. Fish, Inc., George H,
Benware, Incorporated, George K. White, Inc., George M.
Lepper, Inc., George N. Konos, Inc., George Nye Company,
George O. Gustin Company, George U. Bauer & Associates,
Inc., Geo. W. Reinhardt Co., Inc., George's Cafeteria, Inc.,
Gertrude's Specialty Shop, Inc., Giant Furniture Corpora-
tion, The, Giant Store of Cambridge, Inc., The, Gibbons
Contracting Company, Gilbert Shoe Co., Gillespie Labora-
tories, Inc., Glazer Drug Co., Gleasondale Woolen Mills,
Glendon Oil Service Co., Inc., Globe Amusement Co.,
Glossy Lamp and Shade Manufacturing Company, Inc.,
Goddard Mfg. Co., Gold Medal Laundry, Inc., Gold Star
Products, Inc., Golden Home Packing Company, Goodwin
Bros. Inc., Gorevitz-McNamara Shoe Co. Inc., Goulet
Bros. Inc., Grace Home Galleries, Inc., Grady Sporting
Goods Co., Graham Company, The, Grant Shoe Co. Inc.,
Gray Gables Realty Co., Inc., Great Eastern Label Com-
pany, Green-Paul Inc., Green's Market Inc., Greenwood
Motors, Inc., Greylock Mills, The, Grove Cafeteria, Inc.,
Grove Hall Automobile Co., Inc., Grover Nickerson Co.,
Inc., Guild's Florist, Inc.

68 Acts, 1936. — Chap. 54.

H. & J. Brewer Co., H & K Grocers, Inc., H. E. Strick-
land Co. Inc., H. T. Sanborn, Inc., H. W. Carter Paper
Company, H. W. Clark, Inc., H. W. Hale, Incorporated,
H, W. Small, Inc., Haines Furniture Company, Hall Realty
Company, Hall-Rowe Co., Inc., Hamilton & Jerome Com-
pany, Incorporated, The, Hamilton Theatre Co., Hammell
& Co., Inc., Handy Chocolate Company, The, Haney-
Curtis, Inc., Hanna DowHng Inc., Harding Inc., Harding
Walcott Company, Harmar Corporation, Harper Shoe Com-
pany, Harrington Land Company, Harrington's, Inc., Harris
Shoe Co., Inc., Harry Blaisdell Incorporated, Harry Brom-
berg, Inc., Harry Eisner Co., Harry I. Rifchin Inc., Harry's
Shoe Shop, Inc., Hart Mohawk Trail Lines Inc., Hartwell
Bros. & Hartley, Inc., Harvard Gardens, Inc., Harvard
Manufacturing Company, Harvard Square Chevrolet Com-
pany, Harvey Roberts, Inc., Hastings-Fhnt Company, The,
Haufbrau Restaurant, Incorporated, Haverhill Holding
Company, Haverhill Mortgage Loan Company, Haverhill
Realty Corporation, Hawkes Household Appliance Co.,
Haymarket Clothing Co., Haymarket Fixture Co. Inc.,
Heat Appliance Company, Hebert's, Inc., Heirs' Finance
Corporation, Helen Crosby Inc., Helfand's Dry Goods
Stores, Inc., Hemmoll Co. Inc., The, Henken Realty Com-
pany, Inc., Henriques-Gage Printing Service, Inc., Henry
Goldberg & Company, Inc., Herbert L. Hill Company,
Herbert L. McClearn & Company Inc., Herman Gould
Company, Inc., Herndon Corporation, The, Herold, Middle-
ton & Co., Inc., Highland Sea Grill, Inc., Hill & Delaney,
Inc., Hill Shoe Co., Hillcroft Woolen Company, Inc., Hinch-
chffe Motor Car Company, Hingham Motor Company,
Hinsdale Smith & Co., Inc., Hollywood Restaurant, Inc.,
Hollywood Restaurant of Springfield, Inc., The, Holyoke
Strand, Inc., Home City Fuel, Inc., Home Designers Guild,
Inc., Home Pharmacy Inc., The, Home Utilities Company,
Homer Bros. Company, Homer R. Feltham Company,
Hope Laundry Company, Inc., Hostess Laundry Inc.,
Hotel Maplewood, Inc., Hotel Oakwood Corporation, Hotel
Operating Co., Hotter Coal Corporation, Howarth Electrical
Company, Inc., Howe & Fenlon, Incorporated, Howes Brick
Company, Hromada's Market, Inc., Hub Cornice and
Roofing Company, Hub Motor Coach Line, Inc., Hub Re-
search Corporation, Hudson Clothing Manufacturing Com-
pany, Hudson Combing Company, Huntington Drug Com-
pany, Hunts' Department Store, Inc., Hyannis Arms Hotel
Company, Hyde Park Pharmacy, Inc., Hydraulic Motors
Corporation.

Ideal Nut Co. Inc., Imperial Drug Company, The, In-
dependent Fisheries Company, Independent Grease Co..
Indian Inn, Inc., Indian Oil Company, Inc., Indian Overall
Co., Inc., Industrial Administrators Inc., Industrial Bankers
of Dorchester, Inc., Industrial Bankers of Lynn, Inc., In-
dustrial Bankers of Massachusetts, Inc., Industrial Bankers
of Middlesex, Inc., Industrial Bankers of Springfield, Inc.,

Acts, 1936. — Chap. 54. 69

Industrial Bankers of Suffolk, Inc., Industrial Film Corpora-
tion, Industrial Fitters, Inc., Industrial Hardware Corpora-
tion, Industrial Textiles Corporation, Ingersoll-Rand Com-
pany of New England, Installment Finance Corporation,
Insurance Budget Plan, Incorporated, Inter Urban Estates,
Incorporated, International Beer Gardens, Inc., Interna-
tional Counter Co., Interstate Distributing Corporation,
Interstate Oil & Gas Corp., The, Interstate Wood Heel
Co., Inc., Investments, Inc., Investors Counsel, Incorporated,
Investors' Realty Corporation, Irwins, Inc., Isaac Coffin
Company, Ives & Stewart, Inc.

J. & A. Transportation Co., Inc., J. B. Boston Amuse-
ment Show Co., J. C. Coleman & Sons Company, J-C Fi-
nance Corporation, J. D. Clark Co., J. F. Morgan & Son
Company, J. F. Ryan & Co. Inc., J. Freedman Thread Co.,
J, G. Hatch, Inc., J. J. Cotter Company, Inc., J. J. Men-
ton, Inc., J. J. Shannon Company, J. M. & C. J. Buckley
Company, J. M. McCracken Co., J. M. McCracken Co. of
New York, J. R. Hampson & Co., Inc., J. S. Lovering Co.,
J. Sugarman Company, Inc., J. W. Doon & Sons Co., J. W.
Rogers, Inc., Jack's Auto Sales Co., Jacob Rothner, Inc.,
James F. Mooney & Co. Inc., James H. Knowles & Son
Inc., James I. Glaser Corp., James J. White Company,
James R. Estes Insurance Agency, Inc., James S. Cassedy,
Inc. (1929), Jay's Market Inc., Jean, Inc., Jeantex Corpora-
tion, Jensen Realty Company, Inc., Jewelers Exchange,
Inc., Jiffy Corporation, John A. Murphy Company, The,
John B. Adams Produce Company, John C. Dow Com-
pany, Inc., John Carver Investment Corporation, John H.
McCarthy Company, John J. Flanagan Company, John L.
Minigell, Inc., John Pearce Company, Inc., John S. Parker,
Inc., John W. Gately & Sons Co., Johnson-CIaflin Inc.,
Johnson Laundry Company, Inc., Johnson Products Co.,
Johnson's Lynn & Haverhill Express, Inc., Jones, Peterson
Company, Inc., Jotan Company, Judson Pharmacy Inc.,
Julep Tobacco Company (1934).

K. B. Chickering Co., Inc., K Bros. Shoe Co., K Certified
Upholstering Co. Inc., Kacavas, Inc., Karalekas Fruit Ex-
change, Inc., The, Katzman-Brindis Shoe Company, Inc.,
Keith Memorial Operating Corporation, Kelsie Steves, Inc.,
Kendall Shoe Co., Kendrick Construction Co., Kensington
Farms, Inc., Kent's Laboratories, Inc., Kenyon Company,
The, Kibbe Brothers Company, Kibbe Securities Company,
Kiley Hardware Company, Kimball Cab Company, Inc.,
Kimball Hat Co., Inc., Kimball Investment Company,
Kimball Roadstands Corporation, Kincaid Kimball Com-
pany, King Clothing Co., Inc., King Hooper, Inc., King's
Auto Supply Co. Inc., King's Drug Store Inc., King's
Public Market Company, Kirk- Young Company, Ktchen
Appliance Corporation, Klevaner Realty Investment Corpo-
ration, The, Knickerbocker Gardens, Inc., Knox-Rust Steel
Paint Co., Inc., Kushionseat Valve & Manufacturing Com-
pany.

70 Acts, 1936. — Chap. 54.

L. & M. Realty Company, Inc., L & T Garment Com-
pany, L. C. Fisher Co., Inc., L. G. Abizaid Mfg. Co., Inc.,
L. G. Walden Company, L. Goverman Co., L. Lee Phillips,
Inc., Lady Lou Dress Co., Inc., Lafayette Square Motor
Sales Corporation, Laganas Shoe Manufacturing Company,
Lake Chevrolet Co., Inc., Lakeview Market, Inc., Lakin
Drug Co., Lamb & O'Connell, Inc., Lancaster Amusement
Company, Landlords' Inn Corporation, Lansing Realty
Corp., Lawrence Crushed Stone Company, Lawrence Rac-
ing Association Corporation, Lawton & Co. Inc., Le Lyn-
nois Publishing Company, Incorporated, Leader Oil Cor-
poration, Leader Publishing Company, The, Leal Motors
Incorporated, Leavitt's Apparel Shop, Inc., Lee & Com-
pany, Inc., Lemona Products Company, Lenasons Shoe
Company, Inc., Lent and Sawyer Leather Company, Leon
E. Gingras Company, Inc., Leonard & Barrows, Inc., Leslie
Dry Goods Company, The, Letsas Home Bakery Company,
Levine & Lipof Dress Co. Inc., Libby's Dress Shoppe, Inc.,
Liberty Commission Co., Liberty Filling Stations, Inc., Lib-
erty Motor Mart, Inc., Liberty Paper Box Company, Lib-
erty Premier Corporation, Lido Venice Show Boat Operat-
ing Co., Inc., Lightbeam Laundries Inc., Lincoln Laundry,
Inc., Lincoln Polishing Company, Lincoln-Ray Manufactur-
ing Company, Lincoln Shirt Company, The, Lincoln Tav-
ern, Inc. (1934), Lind Shoe & Slipper Co., Lindsay & Com-
pany, Inc., Linstrom Sign Co., Inc., Liquidating Fund Inc.,
Liquor Distributing Co. Inc., Little Women Dress Com-
pany, Inc., Littleton Ice Company, Lloyd's Bonded Adjust-
ment Bureau, Inc., Locke Realty Co., Inc., Loeffler's Gas
and Oil Distributing Company, Inc., Log Cabin Grill, Inc.,
Lord-Kendall Laboratories, Inc., Louis B. Brady, Inc.,
Louis K. Liggett Company, Louis Messerman Co., Lowell
Hardware Specialty Company, Lowell Mills Company,
Lualdi and Drew, Incorporated, Lubrair Corporation, Luce
& Co. Inc., Lucerne Dresses, Inc., Lucius Beebe & Sons,
Inc., Lumber Supply Company, Lund Mfg. Co., Inc., The,
Lyman and Company, Inc., Lynco Shoe Mfg. Co., Inc.,
Lynford Shoe Company, Inc., Lynn Amusement Co. Inc.,
Lynn Association for the Advancement of Colored People,
Inc., Lynn General Contractors, Inc., Lynn Machine &
Tool Co., Lynn Photo Engraving Co., Inc., Lynn Publish-
ing Company, Lynn Sawdust Company, Inc.

M & M Discount Corporation, The, M. Elkon & Co. Inc.,
M. G. Shoe Company, MacDonald Bros., Insurance Ad-
visers, Inc., Mack's Tap & Grill Inc., Magnolia School of
Theater Art, Inc., Maine Oil & Supply Co. Inc., Maine
Travelers Exchange Inc., Maintien Brothers Incorporated,
Majestic Haberdashers and Hatters Inc., Majestic Shoe Co.,
Maiden Art Store, Inc., Malonite Inc., Malton Specialty
Company, Manning's Bakery, Incorporated, Manning's,
Inc., Manors & Little Grey House, Inc., The, Manufactur-
ers' Liquidating Company, Manufacturing Equipment and
Engineering Company, Marathon Investment Co., Inc.,

Acts, 1936. — Chap. 54. 71

Marblehead Yacht Yards, Inc., Marcus Ward, Inc. (1921),
"Marie" Inc., Marilyn Shoe Company, Inc., Mario Wrought
Iron Corporation, Marion Manor, Inc., Mark Mara & Sons
Inc., Market Cafe, Inc., The, Markwett Company, Marlboro
Dairy Company, Inc., Marni, Incorporated, Marsh Street
Liquidating Corporation, Marshall Son & Co. Corpora-
tion, Martha's Vineyard Hardware Store, Inc., Martin
BANKNOTE Company, Martin Chemical Products Co.,
Martin-Forbes Company, Martin- White, Inc., Martin Wood
Heel Company, Marvin Beverage Corp., Mary Louise Shop,
Inc., Massachusetts Contracting Company, Massachusetts
Home Development Corporation, Massachusetts Lawyers'
Manual Corporation, Massachusetts Linotyping Corporation,
Massachusetts Liquor Co., Mass. Merchants Inc., Massa-
chusetts Parlor Frame Company, The, Massachusetts Rab-
bitries, Inc., Massachusetts Stables Co., Mattapan Provi-
sion Co., Inc. (1922), Maugus Construction Co., Mayflower
Bus Lines, Inc., Mayflower Candies, Inc., Mayflower Mar-
kets Inc., Maynard Shoe Stores, Inc., Maj^pole Company,
Inc., The, McCracken & Company, Inc., McGovern Coal
Co., Mcintosh Machinery Company, The, McLean-Jones
Oil & Supply Co., McVey & Berry, Inc., Mechanic St. Pro-
vision Co., Medford Builders Finish Co., Mello Beverage
Company, Melrose Community Garage Inc., Melrose Truck-
ing Company, Inc., Melvin S. Boyd Inc., Menici Construc-
tion Company, Mercantile Finance Company Inc., The,
Merchant Box and Cooperage Company, Merchants Mer-
cantile Corporation, Merigold's, Inc., Merrill-Pullman Co.,
Methuen Building Wrecking Inc., Metropolitan Candy
Stores, Inc., Metropohtan Food Distributing Corporation,
Metropolitan Lumber Co., Middlesex Beverages Company,
Middlesex Garage, Incorporated, Middlesex Laundry Inc.,
Middlesex Oil Corporation, Milford Grit Company, Inc.,
Mill Realty Corp., Millbury Drug Co., Milwaukee Distrib-
uting Company, Mitchell Men's Shop, Inc., Mix-Matic
Corporation, Moback Tool and Machine Manufacturing
Corporation, Modern Home Publishing Co. Inc., Modern
Machine Co., Modern Motor Mart, Inc., Mohawk Lodges,
Inc., Mohawk Paper Board Company, Monadnock Press,
Inc., The, Monarch Company, Inc., Monmouth Construc-
tion Company, Incorporated, The, Monroe Drug, Inc.,
Moore Leather Company, Morgan's Inc. of Somerville,
Morgan's Inc. of Waltham, Morin's, Inc., Morse Furniture
Company, Morton Ice Company, Inc., Morton Upholster-
ing Co. Inc., Movie Cut-Ups Co., Inc., Municipal Service
Stations Corporation, Munro's Department Store, Incor-
porated, Murray Tire Sales Co. of N. E., Mutual Associ-
ates of Lawrence, Inc., Mutual Vending Machine Corp.,
Mystic Housing Corporation.

N. Levy, Inc., Nahant Hotel Corporation, Nantasket
Restaurant Co., Napier Shoe Company, Narrows Land Com-
pany, The, Nash-Orr Motor Company, Nason Rubber Mfg.
Co., Nathan Nirenstein's One Hundred Per Cent Preferred

72 Acts, 1936. — Chap. 54.

Real Estate Locations in the United States, Inc., National
Art Sign, Inc., National Brush Company, Inc., National
Cost Accountants Inc., National Discount Corporation of
Boston, National Fireworks Distributing Co., National Hat
and Cap Company, National Library Association, Incorpo-
rated, National Liquor Dealers Association, Inc., National
Marine Exhibiting Co., National Road Service, Inc., National
Scale Corporation, National Stationery Co., National Wine
and Liquor Company, Incorporated, Neckwear Workers
Co-operative Shop, Inc., Needham Dairy, Inc., Needle &
Davis Inc., Nehi BottUng Co. of Springfield, Nelson Currie
Tile Co. Inc., Nelson, Incorporated, Neutralon Products, In-
corporated, New Boston Broom and Brush Handle Com-
pany, Inc., The, New England Adjustment Service, Inc.,
New England Advertising Company, New England Boiler &
Furnace Co., New England Broadcasting Company, New
England Equity Corporation, New England Fencing Co.,
Inc., New England Five Cent Specialty Company, Inc., New
England Garages, Inc., New England Gasoline Service, Inc.,
New England Home Improvement Co., New England
Management Corporation, New England Manufacturers'
Foundry, Inc., New England Milling Company, New Eng-
land Plush, Inc., New England Steel Roofing Company, New
England Tourist Company, Inc., New England Warehouse
Corporation, New Era Housing Corporation, New Strand
Amusement Company, New Way Products Co., New York
Cut Rate Grocers, Inc., Newbury Cafe Inc., Newbury Fruit
Company, Inc., Newfoundland Publishing Company, In-
corporated, Newhall Fruit and Produce Co., Newport
Novelties, Inc., Noble Construction Company, Inc., North
Adams Motor Company, North Broadway Improvement
Assn. Inc. of Maiden, North Oxford Dining and Amusement
Co., Inc., North Shore Fruit Co., North Shore Hotel Com-
pany, North Star Japanning Company, Northern Dairy
Company, Northfield Printing Company, Northland Farms
Inc., Nuttings Lake Water Company, Inc., Nye & Benson
Inc.

O. J. Powers & Sons, Inc., O. L. Story Scenic Company,
O'Hara Waltham Company, O'Hara Waltham Dial Com-
pany, Old Colony Engraving Company, Inc., Old Mill
Tavern of Oxford, Inc., The, Oldsmobile Worcester, Inc.,
onto Italian Restaurant, Inc., The, Ohva-Rees Bakeries,
Incorporated, Olympian Products Corp., 169 Corporation,
The, One Piece Shoe Patent Corporation, Orpin Desk Com-
pany, Oscar Moberg, Inc., Osgood Shoe Manufacturing Co.,
Otis Hill Corporation, Otter River Board Co., The, Outlet
Sales Co. Inc., Owl Trading Post Patent Medicine Co.,
Oxford Granite & Marble Works, Inc.

P. F. Brine, Inc., P. H. McCarthy & Sons, Inc., P. J.
Hennessey & Co., Inc., P. Tasho Co., Pacific Factors Incor-
porated, Package Confectionery Corporation, Paine Drug
Inc. (1927), Paint Corporation of America, Palaisade Cafe,
Inc., Palm Gardens, Inc. of Fall River, Palmer Steel Com-

Acts, 1936. — Chap. 54. 73

pany, The, Panorama Publications Inc., Paparo's Market,
Incorporated, Pappalardo Bros. Inc., Paramount Men's
Shop Inc., Paramount Motor Sales, Inc., Parco Plan, In-
corporated, The, Park Electrical Supply Co., Park Enter-
tainments, Inc., Park Finance Corporation, Park Garage
Company, Park Hotel, Inc., The, Park Leather Co., Park
Square Corporation, Park Stores, Inc., Parker Coffee Com-
pany, Parker, McCracken, Potter Inc., Parker-Philbrick-
Teele Associates, Inc., Parker's Delicatessen and Health
Food Products, Inc., Parker's Express, Inc., Parker's Res-
taurant, Inc., Parks Refining Company, Patten Hat and
Gown Shop, Inc., Paul L. Eldridge Company, Inc., Paxton
Polo Realty Company, Inc., Pearlbeck Shoe Co., Peerless
Manufacturing Company, Peerless Petticoat Co., Pelham
Hall Cafe, Inc., Perin- Walsh Co., Perry Stations, Inc., Peter
Carando Company, Inc., Pettingell-Andrews Company,
Philbrick Realty Corporation, Philco Shoe Corporation,
Pierce Insurance Agency, Inc., Pignat-Vicenzi Mosaic Co.,
Inc., Pilgrim Hotels Corporation, Pilgrim Parlor Furniture
Co., Pillsbury and Gale, Incorporated, Pittsfield Homestead
Company, Plumbing and Heating Supply Adjustment Serv-
ice Co., Plymouth Co-operative Association, Plymouth
County Publishing Company, Inc., Plywood Tile and Floor
Co., Pollak Upholstering Company, Inc., Pollard Company,
Inc., Porcelain Products, Inc., Premier Amusement Enter-
prises, Inc., Priscilla Shoe Company, Inc., Property Analysts,
Inc., Protective Union Company, The, Provident Sales Cor-
poration, Province Service Co., Prudential Investors, Inc.,
Public Adjustment Company, Publix Shoe Corporation,
Pullman Diners Inc., Pure Distilled Water Company, Inc.,
Purity Distilled Water Company of Worcester.

Q & S Beer & Wine Co., Inc., Quaker Beef Co., Inc., Queen
Anne Company, Queen's Buy way, Inc., Queensberry Build-
ing Trust, Inc., Quincy Furniture Company, Quincy Invest-
ment Corporation, Quincy Poultry & Egg Co., Quincy
Realty Company.

R. A. Kelly Company, Inc., R & L Transportation Com-
pany, R. B. Crocker Co., R. D. Gillett Construction Com-
pany, R. F. Ney and Company, Incorporated, R. H. Baker
Company, Inc. (1928), R. L. Emerson & Co., Inc., R. L.
Polk & Co. of New England Inc., Rami Securities Corpo-
ration, Ramo Furniture & Fixture Co., Inc., Rantoul Chev-
rolet, Inc., Ranch Shoe Company, Raymond White, Inc.,
Raytheon Lamp Company, Rayzet Inc., Re-Nu Ribbon Serv-
ice, Inc., Read\'ille Speedway, Inc., Real Estate Reconstruc-
tion Corporation, Redlow Corporation, The, Reed Gas Brake
Company, Inc., Reliable Furniture Company, Inc., Reliable
Label Co., Inc., Reliable Stay Company, Reliance Paper
Corporation, Reno Italian Food Products, Inc., Richardsons
Drug Company of Boston, Incorporated, Ridgeton Corpora-
tion, Rivett Lathe and Grinder Corporation, Robert E.
Kramer, Inc., Roberts Boiler & Iron Works, Inc., Robert's
Fruit Juice Company, Roberts Piano Co., Roberts Realty

74 Acts, 1936. — Chap. 54.

Co. of Springfield, Inc., Robertson Paper Company, Roches-
ter Farms, Inc., Rock Quarry Co. of Quincy, Rockport
Country Club Realty Company, Rockrimmon Realty Cor-
poration, Rodney Wallace Company, Rogers Co. of Holyoke,
Inc., The, Roloff Inc., Rose Milicent Johnson School, Inc.,
Rose Realty Company, Rose Whitney Smith, Inc.. Roseland
Kennel Club Inc., Roseland Realty Co., Rosemont, Inc.,
The, Rothley Pharmacal Co. Inc., Roto Manufacturing
Company Incorporated, Rounds Chocolate Company, Rox-
bury Crossing Service Station, Inc., Royal Paper Box Co.,
Inc., Royal Tanning Co., Inc., Rubber Latex Research Cor-
poration, The, Rumbletop Corporation, Ryan and Buker,
Incorporated.

S & S Transportation Company, Inc., S. Cuetara Co., Inc.,
S. G. Harriman, Incorporated, S. Hass & Sons, Inc., S. J.
Reed & Co., Inc., S. P. A., Incorporated, S. Safer Inc.,
Sachem Company, The, Sage Trunk and Leather Goods
Co., Inc., St. Moritz Cafe, Inc., Salisbury Market, Inc.,
Sahsbury Mills, Inc., Saltang Seafood Co., Inc., Sam's
Market, Incorporated, Samuel H. Pitcher Company, Sand-
ler Shoe Corporation, Sands, Inc., Sanford Manufactures,
Inc., Sara Fredericks and Yvonne, Inc., Saugus Racing
Association, Inc., Savannah Manufacturing Company, Inc.,
Sawyer Brothers, Incorporated, Sawyer System, Inc., Scargo
Realty, Inc., Schuyler Realty & Construction Co., Inc.,
Science Service, Inc., Scudder Brothers Coal Company,
Seals Auto Supply Stores, Inc., Seaver's Inc., Seiberg's Inc.,
Service Leather Company, Inc., The, Settlow Farms, Inc.,
Seven Twenty Main Street Corporation, Shalit Shoe Co.,
Sharper Bros. Furniture Co. Inc., Shaw Company, The,
Shawmut Manufacturing Corporation, Shawmut Station
Garage, Inc., Sheepraise Corporation, Shepard- Woods Com-
pany, Incorporated, Sheridan Pharmacy Inc., Sherwins Inc.,
Sherwood Realty Company Inc., The, Shirley Marston
Corporation, Shoe City Wood Heel Corporation, Sidney
Davis & Company, Inc., Silver Lake Development Company,
Silver Sheen Fox and Fur Ranch, Inc., Silverman's Luggage
Shop Inc., Simbroco Cast Stone Co. Inc., Simpson and Row-
land Company, Sisters Investment Corporation, Smith &
Porter Press, Inc., Smith & Vogel, Inc., Smith Carriage Com-
pany, The, Snow & Parker, Inc., Snow- Jo Corporation,
Somerset Sand & Gravel, Inc., Somerville Company, The,
Somerville Roofing & Painting Company, Inc., Sootkoos
Drug Company, Inc., Southworth Realty Co., Spanish
Gardens Inc., Speare Construction Co., Spencer Holding
Company, Splendor Macaroni Company, Sportology Cor-
poration, The, Sprague, Grout & Lowe, Inc., Springfield
Alcoholic Beverages Co., Inc., Springfield Automobile Com-
pany, Springfield Ladies Handbags, Inc., Springfield Nash
Company, Inc., Springfield Paper Box Company, Inc.,
Springfield Realty Corporation, Springfield Woolen Co., Inc.,
Sproul's Shipping Service, Inc., Standard Dentifrice Co.,
Standard Equipment Company, Inc., Standard Live Fab-

Acts, 1936. — Chap. 54. 75

rics, Inc., Standard Marine Service Inc., Standard Photoplay
Company, Inc., Star Cooperage Co., State Fair Provision
Company, State Film Corporation, Steacie & Company,
Incorporated, Steel Roll Repairing Co., Sterling Finance
Corporation, Stern Brothers of New York, Inc., Stiles and
Van Kleek, Inc., Stock Market Finance, Inc., Stone & Row,
Inc., Stone Mill Company, Stone Operating Service, Inc.,
Stone's Market, Inc., Stoughton Amusement Co, Inc.,
Stratton Garage, Inc., Strout, Stritter and Co. Inc., Stuart
Laundry Machinery Company, Style Craft Dress, Inc.,
Su-Co Incorporated, Sub-Cal-Gun Corporation, Suburban
Newspapers, Inc., Suffolk Construction Co., Inc., Suffolk
Sportwear, Inc., Sunshine Bedding Co. Inc., Sunshine
Creamery Companj^, of Somerville, Sunup Lamp Works,
Inc., Super Markets Incorporated, Super Stores Liquor
Mart Inc., Superfine Coal & Ice Corp., Superior Botthng
Company, Inc., Superior Brands, Inc., Superior Cherry
Corporation, Superior Loan Company, Superior Trading
and Transportation Co., Supreme Puzzle Distributing Co.,
Swain Construction Company, The, Swain's Inc., Swampscott
Motor Co., Inc., Swerling & Young, Inc., Sylvester, Inc.

T. A. Dewire & Son Co., T. A. Ridder Co., Inc., T. Berman,
Inc., T. J. Beahn, Inc., T. R. & AV. F. Burke Trucking Co.
Inc., Tahaferro, Millett & Co., Inc., Tar-Me-Cine Labora-
tories, Inc., Taunton Drug Company, Taunton Knitting
Co., Tavel-Constantine, Inc., Taylor & Burchard, Inc.,
Taylor-Brown Manufacturing Company, Ted's Mens Shops,
Inc., Teele Soap Manufacturing Company, Terminal Garage
Inc., Textile Development Co., Theatre Advertising Co.
Inc., Thibeau & Comeau, Inc., Thomas G. Andrews Com-
pany, Thomas Incinerator Co., Inc., Thomas M. Kennedy
Corporation, The, Thomas Whalen & Sons, Inc., Thornby
Service Lunch, Inc., Thule Real Estate Company, Thurlow
Shoe Company, Tica Coffee Co., Inc., Toplifter, Inc., Tops-
All Baldng Company, Treadwell-Solomon, Inc., Tremont
Plaza, Inc., Trimount Dredging Company, Trull Pharmacy,
Inc., Trull Shoe Store, Inc., Tudor Press, Incorporated, The,
Twentieth Century Lines, Inc., Twin City Kennel Club,
Inc., The.

Ultrex Products Corporation, Uncle Jack's, Inc., Uneeda
Laundry, Inc., Union Associates, Inc., Union Baking Com-
pany, Inc., United Amusement Corporation, The, United
Ballrooms, Inc., United Discount Corporation, United
Jewelry Co., United Live Poultry Company, United Novelty
Shoe Co., Inc., United States Credit Corporation, United
States Linen Corporation, United States Stucco Company
(1933), Unitread Company, Universal Lock-Tip Company,
Universal Products Corporation, Uproar Company, Utility
Products Manufacturing Co., Inc., Uxbridge Outlet Stores,
Inc.

Valentine Cleansers & Dyers, Inc., Valid Oil Company,
Valley Mills, Inc., Vanity Shoe Corporation, Veino Chevrolet
Company, Inc., Velodrome Athletic Co., Inc., Venus Shoe

76 Acts, 1936. — Chap. 54.

Corp., Vet's Cafe, Inc., Victoria Hotel Corporation, Vincent
E. Squiers, Inc., Vineyard Development Company, Vogue
Neckwear Co.

W. C. Johnson & Co., Inc., W. C. Miles Co., W. E. Wood
Company, W. H. Langshaw & Co., Inc., W. J. Bailey Co.,
W. J. Gardner Company, W. P. Stone Co., W. W. Hender-
son Incorporated, Wakefield Portable Building Co., Wal-
buck Crayon Company, The, Walker Lithograph & Publish-
ing Company, Walker Wool Company, Walkover Boot
Shop of Springfield, Inc., Walpole Factories, Inc., Walter
A. Needle Inc., Walter & Eddie Inc., Walter B. Steeves
Company, Waltham Printing Machinery, Inc., Waltham
Roofing Company, Walton's, Inc., Ward S. MacKenzie,
Inc., Ward Sales Co., Inc., The, Ward's Inc., Warehouse
Furniture Outlet, Inc., Warner Steeple Engineering Corp.,
Warshaw's Inc. (1926), Washington Boston Amusement
Company, Inc., Washington Shoe Manufacturing Co. Inc.,
Waverley Spa, Inc., Waverly Street Garage Inc., Wawbeek
Springs, Inc., Wayside Realty Company, Webster Drug
Company, Weekly Review, Inc., The, Weiss & Weiss Inc.,
Weldon Shoe Co., W^ldons Market, Inc., Wellesley Shoe
Co. (1926), Wellington Farm Company, Wells and Fogg,
Inc., Wesley Realty Co., West Drug Company, West End
Kosher Wurst Co., Inc., West End Stables, Inc., West
Everett Corporation, West Newton Ice Cream Inc., West
Shoe Company, Westwood Motor Sales, Inc., White Enter-
tainments, Inc., Whitman Wharf and Storage Company,
Whitney Pictures, Inc., Wianno Dredge Co. Inc., AVickleib
Productions, Inc., Wm. Archard & Son, Inc., WilHam B.
Cary Co., William E. Hodge Incorporated, William F.
Bennett Co. of Worcester, Wm. F. Larkin and Son, Inc.,
William H. Feltham & Son, Inc., William H. Walkey Co.,
William J. Fenders Wood Heel Company, Inc., William
J. Thompson & Co., Inc., Wilham Lee Heirs Corporation,
WilHam M. Eraser Incorporated, WiUiam R. McLoughlin,
Incorporated, WilHams & Poore, Inc., Wilmore Specialty
Sign Co., Inc., Winchendon Mortgage & Loan Co., Win-
chester Construction Co., Winchester Tailors, Inc., Windsor
Realty Co., Winemeat Corporation, Wingate Sole & Shank
Company, Inc., Winsor Gleason Company, Winthrop Mills
Company, Wirth and Hamid, Inc., Wistaria, Inc., Wolf man
Co., Inc., The, Woodbury Drug Co., Inc., Woodman Con-
veyors, Inc., Woodward & Powell Planer Co., Woolf-Hirsch,
Inc., Worcester Co-operative Merchants Association, Worces-
ter County Associates Inc., Worcester Discount & Finance
Corporation, Worcester Protane Gas Service Company,
Inc., Worcester Rent-A-Car, Inc., Worcester Street Motor
Mart, Inc., Worcester Supply Company, The, Wordell &
McGuire Company, Workmen's Circle Cooperative Bakery,
Inc., \yorld-Wide News Service, Inc., Worrick Inn, Inc.,
Worthington Associates, Inc., Wright Hudson-Essex Com-
pany.

Acts, 1936. — Chap. 54. 77

Y-D Dining Car, Inc., Y. D. Tallow Products Co., Yankee
Metal Works, Inc., Yankee Publishing Company, The,
Yankey Manufacturing Company, Young & Mink, Inc.

Zephyr Craft, Inc., Zoppo & Civitarese Co. Inc.

Charitable and Other Corporations.

Arlmont Country Club (1924).

Boston Young Men's Christian Association, The Trustees
of the.

Camp Sago Association, Cliftondale Social Club, The.

Dedham Club Incorporated, The, Dennison Airport Fly-
ing Club, Inc.

Ellis Brett Neighborhood Center of Community Service
of Brockton, Inc.

Hale Hospital, The, Harvard Co-operative Bank of Dor-
chester, Harvard Economic Society, Incorporated, Home
Club of Edgartown, The, Hopkinton Athletic Association
Inc.

Ladies Helping Hand Auxiliary to the Home for Destitute
Jewish Children, The, Library Art Club, The, Local Retail
Code Authority for Boston, Inc., Local Retail Code Author-
ity for Springfield, Massachusetts, Incorporated, Local
Retail Jewelry Code Authority for Boston, Inc., Lucy Stone
Home, The.

Massachusetts Bay Tercentenary, Inc., Middlesex Dairy
Farmers' Association, Inc.

Neighborhood Club of Ashmont.

Old Town Skeet Club, Incorporated, Our Lady of Good
Help Association.

Park Club of Lynn, Inc., The.

Quinobequin Canoe Association.

Rio Vista Camp Association, Rockport Country Club of
Rockport Massachusetts.

S. H. Knopf Employee Associates, St. Patrick's Educa-
tional Association, Salem War-Chest Association, Sarah
E. Sherman Memorial Association, Scandinavian Build-
ing Association of Dorchester, Self-Help Association, Inc.,
The, Stearns Club Inc., Stickney Fund, Trustees of the,
Sunset Club, The (1900).

Teanese Circle, Union and Progress, Luigi Tansillo, Tip
Top Club, Inc. of Lawrence, Massachusetts.

Visagraph Institute, Inc.

Public Service Corporations.

Amherst Gas Company.

Clinton Gas Light Company.

Easthampton Gas Company.

Lee Electric Company.

Palmer Gas Company.

Seekonk Electric Company.

Western Counties Electric Company.

78 Acts, 1936. — Chap. 55.

Section 2. Nothing in this act shall be construed to
affect any suit now pending by or against any corporation
mentioned herein, or any suit now pending or hereafter
brought for any liability now existing against the stock-
holders or officers of any such corporation, or to revive any
charter previously annulled or any corporation previously
dissolved, or to make valid any defective organization of
any of the supposed corporations mentioned herein.

Section 3. Suits upon choses in action arising out of
contracts sold or assigned by any corporation dissolved by
this act may be brought or prosecuted in the name of the
purchaser or assignee. The fact of sale or assignment and
of purchase by the plaintiff shall be set forth in the writ or
other process; and the defendant may avail himself of any
matter of defence of which he might have availed himself
in a suit upon a claim by the corporation, had it not been
dissolved by this act.

Section 4. Nothing in this act shall be construed to
reheve 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 obhgation to make a tax return in the
year nineteen hundred and thirty-six as required by chapter
sixty-three of the General Laws. The tax hability of each
of the corporations named in this act shall be determined
in accordance with the existing laws of this commonwealth.

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

Approved February 17, 1936.

Chap. 55 An Act exempting persons registered under the hair-
dressing LAWS, so called, FROM CERTAIN PROVISIONS
OF LAW RELATIVE TO THE PRACTICE OF MASSAGING.

Eme^ency Whereas, The deferred operation of this act would tend

to defeat its purpose, therefore it is hereby declared to be
an emergency law, necessary for the immediate preserva-
tion of public health and convenience.

Be it enacted, etc., as follows:

Ed^'ilo^' Section 1. Section fifty-one of chapter one hundred and

§51 'etc.; forty of the General Laws, as most recently amended by
amended. scctiou three of chapter four hundred and twenty-eight of
the acts of nineteen hundred and thirty-five, is hereby fur-
ther amended by inserting after the word "twelve" in the
tenth line the words : — or as a hairdresser, operator, ap-
Drentice or a student under the provisions of sections eighty-
seven T to eighty-seven JJ, inclusive, of said chapter one
Manicuring, huudrcd and twelve, — so as to read as follows: — Section
vapor baths. 51. No pcrsou shall practice massage, or conduct an estab-
reguiated. Hshmeut for the giving of vapor baths for hire or reward,
or advertise or hold himself out as being engaged in the
business of massage or the giving of said baths without

Acts, 1936. — Chap. 56. 79

receiving a license therefor from the board of health of the
town where the said occupation is to be carried on; pro-
vided, that a person registered as a barber or apprentice
under the provisions of section eighty-seven H or section
eighty-seven I of chapter one hundred and twelve or as a
hairdresser, operator, apprentice or a student under the
provisions of sections eighty-seven T to eighty-seven J J,
inclusive, of said chapter one hundred and twelve may prac-
tice facial and scalp massaging without taking out a license
as provided in this section. The board of health may grant
the hcense upon such terms and conditions, and may make
such rules and regulations in regard to the carr3dng on of
the occupation so hcensed, as it deems proper, and may
revoke any license granted by it for such cause as it deems
sufficient, and without a hearing; provided, that a person
licensed to massage or to conduct an establishment for the
giving of vapor baths in any town may, at the request of a
physician, attend patients in any other town in the com-
monwealth without taking out an additional license.

Section 2. This act shall take effect as of January first, Effective
nineteen hundred and thirty-six.

Approved February 17, 1936.

An Act establishing in the town of braintree QJidj) 55
representative town government by limited town ^'

meetings.

Be it enacted, etc., as follows:

Section 1. There is hereby established in the town of
Braintree the form of representative town government by
limited town meetings hereinafter set forth.

Section 2. Upon the acceptance of this act by the town
of Braintree as hereinafter provided, the selectmen shall
forthwith divide the territory of said town into not less than
six nor more than nine voting precincts, each of which shall
be plainly designated and shall contain not less than four
hundred registered voters. All precincts shall also 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 De-
cember, once in five years, or in December of any year when
so directed by a vote of a representative town meeting held
not later than November twentieth of that year.

The selectmen shall, within ten days after any estab-
lishment or revision of the precincts, file a report of their
doings with the town clerk, the registrars of voters and the
assessors, with a map or maps or description of the pre-
cincts and the names and residences of the registered voters
therein. The selectmen shall also cause to be posted in the

80 Acts, 1936. — Chap. 56.

town hall a map or maps or description of the precincts as
established or revised from time to time with the names
and residences of the registered voters therein; and they
shall also cause to be posted in at least one pubhc 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 re-
vised, 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 meeting
direct. The provisions of chapters fifty to fifty-six, inclu-
sive, of the General Laws relating to precinct voting at
elections, so far as the same are not inconsistent with this
act, shall apply to all elections and primaries in the town
upon the establishment of voting precincts as hereinbefore
provided.

Section .3. Other than the officers designated in the
by-laws of the town as town meeting members at large, the
representative town meeting membership shall in each
precinct consist of the largest number divisible by three
which will admit of a representation thereof in the approxi-
mate proportion which the number of registered voters
therein bears to the total number of registered voters in the
town, and which will cause the total membership to be as
nearly two hundred and forty as may be.

The registered voters in every precinct shall, at the first
annual town election held after the establishment of such
precinct, and the registered voters of any precinct affected
by any revision of precincts shall, at the first annual town
election following such revision, conformably to the laws
relative to elections not inconsistent with this act, elect by
ballot the number of registered voters in the precinct, other
than the officers designated in the by-laws as town meeting
members at large, provided for in the first sentence of this
section, to be town meeting members of the town. The
first third, in the order of votes received, of members so
elected shall serve three years, the second third in such
order shall serve two years, and the remaining third in such
order shall serve one year, from the day of the annual town
meeting; in case of a tie vote affecting the division into
thirds, as 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 elec-
tion the registered voters of each precinct shall, in like
manner, elect, for the term of three years, one third of the

Acts, 1936. — Chap. 56. 81

number of elected town meeting members to which such
precinct is entitled, and shall at such election fill for the
unexpired term or terms any vacancy or vacancies then
existing in the number of elected town meeting members
in such precinct.

The terms of office of all elected town meeting members
from every precinct revised as aforesaid shall cease upon the
election as hereinbefore provided of their successors. The
town clerk shall, after every election of town meeting mem-
bers, forthwith notify each such member by mail of his
election.

Section 4. Any representative town meeting held under
the provisions of this act, except as otherwise provided
herein, shall be limited to the town meeting members elected
under section three, together with such town meeting mem-
bers at large as may be provided for by the by-laws of the
town.

The town clerk shall notify the town meeting members
of the time and place at which representative town meetings
are to be held, the notices to be sent by mail at least seven
days before the meeting. The town meeting members, as
aforesaid, shall be the judges of the election and qualifica-
tions of their members. A majority of the town meeting
members shall constitute a quorum for doing business; but
a less number may organize temporarily and may adjourn
from time to time, but no town meeting shall adjourn over
the date of an election of town meeting members. All
town meetings shall be public. The town meeting members
as such shall receive no compensation. Subject to such
conditions as may be determined from time to time by the
members of the representative town meeting, any registered
voter of the town who is not a town meeting member may
speak at any representative town meeting, but shall not
vote. A town meeting member may resign by fifing a
written resignation with the town clerk, and such resigna-
tion shall take effect on the date of such filing. A town
meeting member who removes from the town shall cease
to be a town meeting member, and a town meeting member
who removes from the precinct from which he was elected
to another precinct may serve only until the next annual
town meeting.

Section 5. Nomination of candidates for town meeting
members to be elected under this act shall be made by nomi-
nation papers, which shall bear no political designation,
shall be signed by not less than ten voters of the precinct
in which the candidate resides, and shall be filed with the
town clerk at least ten days before the election; provided,
that any town meeting member may become a candidate
for re-election by giving written notice thereof to the town
clerk at least thirty days before the election. No nomina-
tion papers shall be valid in respect to any candidate whose
written acceptance is not thereon or attached thereto when
filed.

82 Acts, 1936. — Chap. 56.

Section 6. The articles in the warrant for every town
meeting, so far as they relate to the election of the moderator,
town officers and town meeting members, and, as herein
provided, to referenda, and all matters to be acted upon and
determined by ballot, shall be so acted upon and determined
by the registered voters of the town in their respective
precincts. All other articles in the warrant for any town
meeting shall be acted upon and determined exclusively by
town meeting members at a meeting to be held at such time
and place as shall be set forth by the selectmen in the warrant
for the meeting, subject to the referendum provided for
by section nine.

Section 7. A moderator shall be elected by ballot at
each annual town meeting, and shall serve as moderator of
all town meetings, except as otherwise provided by law,
until a successor is elected and qualified. Nominations for
and election of a moderator shall be as in the case of other
elective town officers, and any vacancy in the office may be
filled by the town meeting members at a meeting held for
that purpose. If a moderator is absent, a moderator pro
tempore may be elected by the town meeting members.

Section 8. Any vacancy in the full number of town
meeting members from any precinct, whether arising from a
failure of the registered voters thereof to elect, or from any
other cause, may be filled, until the next annual election,
by the remaining members of the precinct from among the
registered voters thereof. Upon petition therefor, signed
by not less than ten town meeting members from the precinct,
notice of any vacancy shall promptly be given by the town
clerk to the remaining members from the precinct in which
the vacancy or vacancies exist, and he shall call a special
meeting of such members for the purpose of filling such
vacancy or vacancies. He shall cause to be mailed to every
such member, not less than five days before the time set for
the meeting, a notice specifying the object, time and place
of the meeting. At the said meeting a majority of the
members from such precinct shall constitute a quorum, and
they shall elect from their own number a chairman and a
clerk. The choice to fill any vacancy shall be by ballot,
and a majority of the votes cast shall be required for a choice.
The chairman and clerk shall count the ballots and shall
make a certificate of the choice and forthwith file the same
with the town clerk, together with a written acceptance by
the member or members so chosen, who shall thereupon be
deemed elected and qualified as a town meeting member
or members, subject to the right of all the town meeting
members to judge of the election and qualifications of the
members as set forth in section four.

Section 9. A vote passed by 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

Acts, 1936. — Chap. 56. 83

office of town officers, where such term is optional, or in-
creasing or reducing the number of members of a board, or
adopting a new by-law, or amending an existing by-law,
shall not be operative until after the expiration of five days,
exclusive of Sundays and holidays, from the dissolution of
the meeting. If, within said five days, a petition, signed by
not less than five hundred registered voters of the town,
containing their names and addresses as they appear on
the list of registered voters, is filed with the selectmen asking
that the question or questions involved in such a vote be
submitted to the registered voters of the town at large, then
the selectmen, after the expiration of five days, shall forth-
with 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 earlier than eight o'clock
in the evening, and all votes upon any questions so sub-
mitted 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 sub-
mitted shall be determined by a majority vote of the reg-
istered 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 total number of registered
voters shall vote for such reversal. Each question so sub-
mitted 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 meet-
ing whereby it was voted (brief description of the substance
of the vote)?" If such a petition is not filed within said
period of five days, the vote of the representative town
meeting shall become operative and effective upon the ex-
piration of said period.

Section 10. The town, after the acceptance of this act,
shall have the capacity to act through and to be bound by its
town meeting members, who shall, when convened from time
to time as herein provided, constitute representative town
meetings; and the representative town meetings shall exer-
cise 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 here-
after applicable to the transaction of town affairs in town
meetings, shall, when taken by any representative town
meeting in accordance with the provisions of this act, have
the same force and effect as if such action had been taken
in a town meeting open to all the voters of the town as
organized and conducted before the establishment in said
town of representative town meeting government.

Section 11. This act shall not abridge the right of the
inhabitants of said town to hold general meetings, as secured
to them by the constitution of this commonwealth; nor
shall this act confer upon any representative town meeting
in said town the power finally to commit the town to any

84 Acts, 1936. — Chap. 57.

measure affecting its municipal existence or substantially
changing its form of government without action thereon by
the voters of the town at large, using the ballot and the
check list therefor.

Section 12. This act shall be submitted to the registered
voters of the town of Braintree for acceptance at its annual
town election in the year nineteen hundred and thirty-six
notwithstanding the closing of the warrant for said annual
election. The vote shall be taken by ballot in accordance
with the provisions of the general laws so far as the same
may be applicable in answer to the question which shall be
placed upon the official ballot to be used in the several pre-
cincts for the election of town officers at said election : —
"Shall an act passed by the general court in the year one
thousand nine hundred and thirty-six entitled 'An act
establishing in the town of Braintree representative town
government by limited town meetings', be accepted by this
town?" If accepted by a majority of the voters voting
thereon this act shall thereupon take effect for all purposes
incidental to the annual town election in said town in the
year nineteen hundred and thirty-seven, and shall take full
effect beginning with said election.

Section 13. If this act is rejected by the registered voters
of the town of Braintree when submitted to said voters
under section twelve it may be submitted for acceptance in
like manner to such voters at any annual town election in
said town not later than the annual town election in the
year nineteen hundred and thirty-nine, and, if accepted by a
majority of the voters voting thereon at such an election,
shall thereupon take effect for all purposes incidental to
the next annual town election in said town and shall take full
effect beginning with said election.

Approved February 17, 1936.

Chap. 57 An Act increasing the amount of credit for prior

SERVICE TO BE GIVEN TO CERTAIN EMPLOYEES OF THE CITY
OF EVERETT UPON THEIR RETIREMENT.

Be it enacted, etc., as follows:

Section 1. Subsection (2) of section six of chapter two
hundred and twenty-three of the acts of nineteen hundred
and thirty-three is hereby amended by striking out para-
graph (c) and the following paragraph and inserting in place
thereof the following: —

(c) If he has a prior service certificate in full force and
effect an additional pension which is the actuarial equivalent
of twice the pension which would have been payable on
account of the accumulated deductions which would have
resulted from contributions made during the period of his
creditable prior service rendered both before and after age
sixty had the system then been in operation.

(d) The total pension of any member payable under the
provisions of this section shall not, however, exceed one half

Acts, 1936. — Chaps. 58, 59. 85

of his average annual regular compensation during the five
years immediately preceding his retirement, nor shall the
total pension of any member, who has fifteen or more years
of total creditable service be less than an amount which,
added to his annuity, shall make his total retirement allow-
ance equal to four hundred and eighty dollars per annum.
Section 2. Upon the acceptance of this act during the
current year by vote of the city council of the city of Everett,
subject to the provisions of its charter, it shall take effect
as of January first, nineteen hundred and thirty-five, other-
wise it shall not take effect. Approved February 17, 1936.

An Act authorizing the town of rockport to vote at Chap. 58
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 town clerk of the town of Rockport,
if the selectmen so vote, shall place upon the official ballot
to be used for the election of town officers at its annual town
meeting in the current year, notwithstanding the closing of
the warrant for said town meeting, 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, Said ballots shall set forth said questions
and the directions to the voters, all as provided in said sec-
tion eleven. The provisions of the general laws relative to
the ascertainment of the result of the voting at state elec-
tions and returns thereof shall, so far as practicable, apply
to the votes taken hereunder.

Section 3. The votes taken in the town of Rockport
at the last biennial state election under the provisions of
said section eleven shall have no further force or effect from
and after the taking of the votes authorized in section one.

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

Approved February 18, 1936.

An Act providing for certain payments in lieu of taxes Chap. 59

ON PROPERTY HELD BY A CITY OR TOWN IN ANOTHER CITY
OR TOWN FOR PUBLIC AIRPORT PURPOSES.

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared P'^eainbie.
to be an emergency law, necessary for the immediate pres-
ervation of the public convenience.

Be it enacted, etc., as follows:

Section 1. Section six of chapter fifty-nine of the General g^^- ^J"g
Laws, as amended by section twenty-five of chapter two etc!, amended.

Acts, 1936. — Chap. 59.

Land held for
water supply
purposes.

Payments in
lieu of taxes
thereon.

G. L. (Ter.
Ed.), 59, § 7,
amended.

Valuation of
land so held.

Application
of act.

hundred and fifty-four of the acts of nineteen hundred
and thirty-three, is hereby further amended by inserting
after the word "disposal" in the fourth Hne the words: —
, or of a pubhc airport, — so as to read as follows: — Section
6. Property held by a city, town or district, including the
metropolitan water district, in another city or town for the
purpose of a water supply, the protection of its sources, or
of sewage disposal, or of a pubhc airport, if yielding no rent,
shall not be liable to taxation therein; but the city, town
or district so holding it shall, annually on July first, pay to
the city or town where it lies an amount equal to that which
such city or town would receive for taxes upon the average
of the assessed values of the land, which shall not include
buildings or other structures except in the case of land taken
for the purpose of protecting the sources of an existing water
supply, for the three years last preceding the acquisition
thereof, the valuation for each year being reduced by all
abatements thereon. Any part of such land or buildings
from which any revenue in the nature of rent is received
shall be subject to taxation.

If such land is part of a larger tract which has been assessed
as a whole, its assessed valuation in any year shall be taken
to be that proportional part of the valuation of the whole
tract which the value of the land so acquired, exclusive of
buildings, bore in that year to the value of the entire estate.

Section 2. Section seven of said chapter fifty-nine, as
appearing in the Tercentenary Edition, is hereby amended
by inserting after the word "disposal" in the second line
the words : — or for a public airport, — so that the first
paragraph will read as follows: — The assessors of a city
or town where land is acquired by such other city, town or
district for water supply or sewage disposal or for a pubhc
airport shall, within one year after such acquisition, deter-
mine the average valuation of such land under the preceding
section, and certify the amount so determined to such other
city, town or district. The mayor or selectmen, the com-
missioners or prudential committee of a district, or the
metropolitan district commission, within six months after
receipt of said certificate, may appeal from such determina-
tion to the board of tax appeals; and said board shall deter-
mine the valuation in the manner provided in the preceding
section, and section sixty-five, so far as applicable, shall
govern such appeal.

Section 3. This act shall apply in the case of property
held on its effective date by a city or town in another city
or town for the purposes of a pubhc airport, except that the
first annual payment thereunder shall be in lieu of taxes
otherwise assessable on January first of the current year
and except that the assessors of the city or town where such
property is so held shall make the determination and cer-
tification required by section two, within three months after
said effective date. Approved February 18, 1936.

Acts, 1936. — Chaps. 60, 61, 62. 87

An Act relative to the height, volume and set-back QJidj) QQ

OF THE PROPOSED ADDITION TO THE SUFFOLK COUNTY
COURT HOUSE IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Any building to be erected on Pemberton
square and Somerset street in the city of Boston as an addi-
tional unit to the Suffolk county court house, under the
provisions of chapter four hundred and seventy-four of the
acts of nineteen hundred and thirty-five, may be constructed
to a height not exceeding three hundred feet, notwithstand-
ing the provisions of any statutes inconsistent herewith,
including section eighteen of chapter five hundred and fifty
of the acts of nineteen hundred and seven, as amended by
section one of chapter one hundred and thirty-seven of the
acts of nineteen hundred and twenty-eight; and the provi-
sions of any statutes inconsistent herewith, including said
section eighteen, as so amended, relating to the volume and
set-back of buildings in said city shall not apply to the
building to be erected as aforesaid.

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

Approved February 18, 1936.

An Act relative to annuity associations for the bene- nhn^ ai

FIT OF employees OF INSURANCE COMPANIES. ^'

Be it enacted, etc., as follows:

Section thirty-six of chapter one hundred and seventy- g. l. (Ter.
five of the General Laws, as amended by chapter one hun- f le,' etij^,'
dred and forty of the acts of nineteen hundred and thirty- amended.'
five, is hereby further amended by striking out the second
paragraph and inserting in place thereof the following: —

Any such company, with the written approval of the Annuity as-
commissioner, may also establish an employee's savings ^°'^^^^^°^^-
fund, contributory pension system or association for the
benefit of its aged or disabled employees, to which fund,
system or association both the employees and the company
shall contribute. Such a fund, system or association may
be an association described in sections thirty-nine, forty
and forty-one of chapter thirty-two and subject thereto.

Approved February 18, 1936.

An Act relative to date of notification to assessors rhnjx «2

BY CERTAIN CITY AND TOWN OFFICIALS OF THE RECEIPTS ^'

OF THE PRECEDING YEAR.

Be it enacted, etc., as follows:

Section fifty-four A of chapter forty-one of the General S^^iT®''-
Laws, as appearing in the Tercentenary Edition, is hereby §54a,
amended by striking out, in the third line, the word "May" a^^nended.
and inserting in place thereof the word: — February, — so

88 Acts, 1936. — Chaps. 63, 64.

Annual noti- as to read as f ollows : — Section 5 Jf A. The auditor or similar

torec°e^p*l officer in cities and the town accountant, if any, otherwise

etc*"to^'^°'^' *^^ town treasurer in towns, shall notify the assessors, not

assessors. later than February first in each year, of the total receipts

of the preceding financial year, except from taxes, loans and

trust funds, and shall specify in detail the source of such

receipts. Approved February 18, 1936.

Chap. 63 An Act authorizing the town of norwell to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land for and
constructing a school building and originally equipping and
furnishing said building, the town of Norwell 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, Norwell Schoolhouse Loan, Act of 1936. Each
authorized issue shall constitute a separate loan. Indebt-
edness incurred under this act shall be in excess of the statu-
tory hmit, 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 February 21, 1936.

Chap. 64 An Act relative to the renewal of certain temporary

LOANS ISSUED IN ANTICIPATION OF FEDERAL GRANTS.

Emi^ency Whcrcas, The deferred operation of this act would tend

pream e. ^^ defeat its purposc, therefore it is hereby declared to be

an emergency law, necessary for the immediate preservation

of the public convenience.

Be it enacted, etc., as follows:

Any loan issued under the provisions of chapter two hun-
dred and thirteen of the acts of nineteen hundred and thirty-
five, or section eight of chapter four hundred and four of
the acts of nineteen hundred and thirty-five, for a shorter
period than one year, may be refunded by the issue of other
notes maturing within the required period; provided, that
the period from the date of issue of the original loan to the
date of maturity of the refunding loan shall not be more
than one year. The treasurer of any county, city, town or
district which now or hereafter has outstanding any tem-
porary loan issued under authority of either act above re-
ferred to may, with the approval of the board specified in
section one of chapter forty-nine of the acts of nineteen hun-
dred and thirty-three, extend such temporary loan, whether

Acts, 1936. — Chaps. 65, 66, 67. 89

now outstanding or hereafter issued, for a period or periods
not exceeding, in the aggregate, six months beyond the term
provided for an original loan under the provisions of either
of said acts. Approved February 21, 1936.

An Act designating the public beach bordering the nhnqj 65
charles river in west roxbury as the john a. havey ^'
memorial beach.

Be it enacted, etc., as follows:

Section 1. The beach under the supervision of the
metropolitan district commission located along the Charles
river in the West Roxbury district of the city of Boston is
hereby designated and shall be known as the John A. Havey
Memorial Beach.

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

Approved February 21, 1936.

An Act authorizing the reinstatement in the classi- nhnrf QQ

TIED CIVIL SERVICE OF CERTAIN STATE OFFICERS AND ^'

EMPLOYEES.

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared P""eambie.
an emergency law, necessary for the immediate preservation
of the public convenience.

Be it enacted, etc., as follows:

Section forty-six C of chapter thirty-one of the General EdV'si^^''
Laws, as most recently amended by chapter eighty-four of § 4'6C, etc.,
the acts of nineteen hundred and thirty-four, is hereby fur- ^™^°'^^^-
ther amended by inserting after the word "employee" in
the first line the words : — of the commonwealth or, — so
as to read as follows : — Section 4^0. An officer or em- Reinstatement
ployee of the commonwealth or of a city or town who has munkipri
become separated from the classified civil service by sus- officers, etc.
pension, discharge or for any other cause except inability
to work on account of sickness shall, within thirty days after
the filing of a written request by the appointing officer, be
entitled to a hearing before the commissioner. Upon good
cause shown the commissioner may authorize his reinstate-
ment in the same position or in a position in the same class
and grade as that formerly held by him.

Approved February 21, 1936.

An Act providing for the preservation of fish in (Jfidj) Q'J

CERTAIN PONDS. ^'

Be it enacted, etc., as follows:

The metropolitan district water supply commission shall
not breach any dam which now impounds the waters of any
pond in the watershed of the Ware river above the point of
diversion at the Ware river intake works of said commission,

Acts, 1936. — Chap. 68.

without first giving at least thirty days' written notice to
the division of fisheries and game of the department of con-
servation for the purpose of affording said division an oppor-
tunity to salvage fish contained in such pond, unless it is
necessary to make an immediate breach of such dam to
safeguard lives and property, including any property in the
control of said commission, or unless upon receipt of a writ-
ten notice from said division that it does not desire to sal-
vage any fish in such pond.

Approved February 21, 19S6.

Chap. 68 An Act providing for the temporary staying or sus-
pension OF CERTAIN ORDERS AND FINDINGS UNDER THE
SALE OF SECURITIES ACT.

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

Temporary
suspension,
etc., of certain
orders, etc.

Be it enacted, etc., as follows:

Section thirteen of chapter one hundred and ten A of
the General Laws, as appearing in section one of chapter
two hundred and ninety of the acts of nineteen hundred
and thirty-two, is hereby amended by inserting after the
word "counsel" in the sixth line the following new sen-
tence : — Pending such hearing and the affirmation, modi-
fication or rescission of such an order or finding, two or
more of the members of the commission may stay or sus-
pend the taking effect of such order or finding, — so as to
read as follows: — Section IS. Any interested person ag-
grieved by any order or finding or refusal or failure to make
an order or finding by the commission shall be entitled,
upon filing within twenty days thereafter a claim therefor
in writing, to a pubHc hearing before a majority of the
members of the commission, at which he may be repre-
sented by counsel. Pending such hearing and the affirma-
tion, modification or rescission of such an order or finding,
two or more of the members of the commission may stay
or suspend the taking effect of such order or finding. At
such hearing any evidence relevant to the subject matter
involved in the proceedings, in which the commission made
such order or finding or failed to make an order or finding,
may be introduced. Any testimony which was previously
taken by the commission relative thereto may be intro-
duced and may be shown by a stenographic transcript
thereof. When so requested by any such person, the com-
mission shall rule upon any question of law properly arising
in the course of such hearing. Any failure or refusal of the
commission to rule upon such question within ten days
after such request shall be taken and recorded as a ruling
adverse to the person requesting the same. At the con-
clusion of such hearing, the commission shall reconsider
and review the said subject matter and shall, within twenty
days thereafter, affirm, modify or rescind the order or find-
ing or refusal complained of. The supreme judicial and
superior courts shall have jurisdiction in equity to review,

Acts, 1936. — Chaps. 69, 70, 71. 91

modify, amend or annul any ruling or order of the commis-
sion, but only to the extent of the unlawfulness of such
ruling or order. The exercise of the said jurisdiction shall
be had conformably to the provisions of section five of
chapter twenty-five so far as applicable.

Approved February 21, 1936.

An Act regulating the number of hooks that may be QJidj) 59

USED IN inland FISHING.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-one of the General Laws o. l. (Ter.
is hereby amended by striking out section forty-eight, as fmended^.' * **'
appearing in the Tercentenary Edition, and inserting in
place thereof the following : — Section Jf.8. Except as per- Use of nets
mitted by law, whoever draws, sets, stretches or uses a watei'^?'^
fish trap, gill net, drag net, set net, purse net, seine or trawl regulated.
or sets or uses more than two hooks for fishing, or in case
of ice fishing ten hooks, in any inland water, or aids in so
doing, shall be punished by a fine of not less than twenty
dollars nor more than fifty dollars. This section shall not
affect any rights conferred by section forty-four or the cor-
porate rights of any fishing company.

Approved February 21, 1936.

An Act extending the life of the central credit union (Jhav 70

FUND, INC.

Be it enacted, etc., as follows:

Section seven of chapter two hundred and sixteen of the
acts of nineteen hundred and thirty-two is hereby amended
by striking out, in the second line, the word "five" and in-
serting in place thereof the word : — ten, — so as to read
as follows : — Section 7. This act shall be operative for a
period of ten years from its effective date, and at the expira-
tion of said period the corporation shall be liquidated in
such manner as the commissioner of banks shall prescribe.

Approved February 21, 1936.

An Act relative to the licensing in small towns of njidj) 71
innholders, common victuallers and other keepers ^'

OF restaurants and other establishments conduct-
ing CERTAIN amusements.

Be it enacted, etc., as follows:

Section 1. Section one hundred and eighty-three A of Ed^'uoT'
chapter one hundred and forty of the General Laws, as § issa. etc..
amended by section one of chapter one hundred and two ^^^^ ^
of the acts of nineteen hundred and thirty-five, is hereby
further amended by striking out, in the twenty-seventh and
twenty-eighth lines, the words ", or for the approval of the
commissioner of public safety under section one hundred

Acts, 1936. — Chap. 72.

Licensing of
innholders,
etc., conduct-
ing certain
amusements.

G. L. (Ter.
Ed.), 140,
§ 183B. re-
pealed.

and eighty-three B,", — so as to read as follows: — Sec-
tion 183 A. No innholder, common victualler or person own-
ing, managing or controlling a cafe, restaurant or other eat-
ing 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 ad-
mission, music or other amusement is provided or furnished
upon payment or deposit of money, either 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 licensing authorities, who may
upon written application and upon such terms and condi-
tions as they may prescribe, grant such a license for any or
all of the purposes hereinbefore described and may, after
written notice to the licensee, suspend or, after hearing re-
voke the same. Licenses granted under this section shall
specify the street and number where the licensed 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 li-
cense to a person who, for the period covered by such license,
is also licensed under section two.

Section 2. Section one hundred and eighty-three B of
said chapter one hundred and forty, as appearing in the
Tercentenary Edition, is hereby repealed.

Approved February 21, 1936.

Chap. 72 An Act relative to annual reports by sealers of

WEIGHTS AND MEASURES TO THE DIRECTOR OF STAND-
ARDS.

Be it enacted, etc., as follows:

Section thirty-seven of chapter ninety-eight of the Gen-
eral Laws, as appearing in the Tercentenary Edition, is
hereby amended by striking out, in the second line, the
word "December" and inserting in place thereof the word:
— January, — so as to read as follows : — Section 37. Each
sealer shall annually, between the first and tenth days of
January, report to the director the weighing and measuring
devices tested, sealed or condemned by him, with an inven-
tory of standards and working apparatus in possession of
his town or district, and other information required by the
director. Approved February 21, 1986,

G. L. (Ter.
Ed.), 98, § 37,
amended.

Annual re-
ports of
sealers.

Acts, 1936. — Chaps. 73, 74. 93

An Act relative to glass bottles or jars intended for Chap. 73

USE IN THE SALE OF LUBRICATING OILS.

Be it enacted, etc., as follows:

Section fourteen A of chapter ninety-eight of the General Ed^'9jYi4A
Laws, as appearing in the Tercentenary Edition, is hereby amended,
amended by inserting before the word "two" in the third
line the words : — one gallon, — so as to read as follows : —
Section IJ^A. Glass bottles or jars intended to be used in ^jfj^^^^g^^^'
the sale of lubricating oil shall be made of clear, uncolored of glass bottles
glass and shall be manufactured only in the following usJdTn\°aW
capacities: one gallon, two quarts, one quart, or one pint, lubricating
Massachusetts standard liquid measure. Each bottle or jar
shall have its capacity clearly blown in the glass and shall
be sealed by the manufacturer thereof, as hereinafter pro-
vided, or by a sealer of the town where the user resides or
has a usual place of business. The director shall prescribe
regulations, including specifications and tolerances, govern-
ing the sealing of such bottles or jars by the manufacturer
and may authorize such sealing by any manufacturer upon
his written agreement to comply with such regulations. The
director may at any time, for cause, revoke the authority so
given by him to any manufacturer. When sealed by the
manufacturer, such bottles or jars shall have clearly blown
therein his name, initials or trade mark, and any other
designating marks which the director may authorize or
require. The sealing of such bottles or jars by the manu-
facturer shall not exempt the user from the laws relating to
the giving of false or insufficient measure, the using of a
false measure, or having in his possession a false measure
with intent to use. Sealers of the town where the user
resides or has a usual place of business shall at least annually
inspect bottles or jars marked and sealed in accordance with
this section and shall make a record of such inspections.
When once sealed as herein required, such bottles and jars
need not again be sealed while in the same condition as when
first sealed. Approved February 21, 1936.

An Act further regulating the granting to and exer- Chap. 74

CISING BY disabled VETERANS OF THE WORLD WAR OF
SPECIAL LICENSES TO ACT AS HAWKERS OR PEDLERS.

Be it enacted, etc., as follows:

Section twenty-four of chapter one hundred and one of Ed^"mT§24.
the General Laws, as appearing in the Tercentenary Edition, amended."
is hereby amended by inserting after the word "common-
wealth" in the third and fourth Hnes the words: — for a
period of not less than one year immediately preceding the
date of application for such license, — and by adding at
the end the words : — ; provided, that no license under this
section shall authorize the holder thereof to act as hawker

94 Acts, 1936. — Chap. 75.

or pedler on any public street or sidewalk in any city or
town unless and until he shall have received written authority
so to do from the chief of police or other official having charge
Special state of the poHcc therein, — so as to read as follows : — Section 24.
UceMtsYo '^^^ director may grant without fee, on proof of identity, a
veterans. spccial State Or county license to act as hawker or pedler,

subject otherwise to this chapter, to any soldier or sailor
resident in the commonwealth for a period of not less than
one year immediately preceding the date of application for
such license who served in the army or navy of the United
States during the world war and received an honorable dis-
charge or a release therefrom, and who is wholly or partly
disabled by reason of wounds or injury received, or disease
contracted, during such service; provided, that no license
under this section shall authorize the holder thereof to act
as hawker or pedler on any public street or sidewalk in
any city or town unless and until he shall have received
written authority so to do from the chief of police or other
official having charge of the police therein.

Approved February SI, 1936.

Chap. 75 An Act authorizing the city of haverhill to use cer-
tain PARK LAND FOR PARKING SPACE PURPOSES.

Be it enacted, etc., as follows:

Section 1. The city of Haverhill is hereby authorized, by
and with the consent of its park commission, to use for
parking space purposes a portion of Memorial park located
on Oilman place in said city and bounded and described as
follows : — Beginning at a point in the easterly line of Gil-
man place eighty-four feet south of the southeasterly corner
of a stone bound marking the junction of the said line of
Oilman place with the southerly line of Washington square;
thence running north seventy-three degrees eight minutes
east a distance of eighty-one and fifteen one hundredths feet
to a point in the division line separating land of the United
States of America from land of the city of Haverhill, which
point is eighty-four and sixty-one one hundredths feet from
the southerly line of Washington square measured along the
said division line; thence running south twenty-three de-
grees thirty-one minutes east by said division line a distance
of one hundred forty-eight and fifty-six one hundredths feet
to a point in the harbor line of the Merrimack river as estab-
lished in eighteen hundred and eighty-three ; thence running
south sixty-six degrees forty-nine minutes west by said
harbor line a distance of ninety-eight and eighty-six one
hundredths feet to the southerly end of the easterly line of
Oilman place; thence running north sixteen degrees fifty-
four minutes west by said line of Oilman place a distance
of one hundred fifty-eight and thirty-five one hundredths
feet to the point of beginning; containing thirteen thousand
seven hundred and fifteen square feet. For a more par-

Acts, 1936. — Chaps. 76, 77. 95

ticular description reference is made to a plan on file in the
office of the city engineer dated April, nineteen hundred and
thirty-one, and numbered five thousand and eighty-five.
On and after the effective date of this act, the portion of
said park hereinbefore described shall be under the care
and control of the municipal council of said city.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the municipal council of
said city, subject to the provisions of its charter; but not
otherwise. Approved February 21, 1936.

An Act requiring certain bills for gas or electricity Qjidj)^ 75

TO BE ITEMIZED.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and sixty-four of the g. l. (Ter.
General Laws is hereby amended by inserting after section ne^w^'sec^tton
one hundred and nineteen the following new section: — ii9a. added.
Section 119 A. When a consumer is charged for gas or elec- Gas or elec-
tricity at several rates according to the quantity used, his ,^t"mi'zed.*° ^^
bill, to the extent that the gas or electricity is used for do-
mestic purposes, shall be so itemized as to show the quan-
tity charged for at each rate.

Section 2. This act shall take effect January first, nine- Effective
teen hundred and thirty-seven. ^^^^'

Approved February 21, 1936.

An Act regulating the granting of soldiers' relief to QjiQ/n 'J'J
needy parents of certain war veterans.

Be it enacted, etc., as follows:

Section seventeen of chapter one hundred and fifteen of Ed^'m"^'
the General Laws, as most recently amended by chapter uV.'etc.;
sixty-three of the acts of nineteen hundred and thirty-two, ^'"®°'^'^"^-
is hereby further amended by striking out, in the fourteenth
and eighteenth lines, as appearing in the Tercentenary Edi-
tion, the word "dependent" and inserting in place thereof,
in each instance, the word: — needy, — by striking out, in
the nineteenth line, as so appearing, the words "without
proper means of support", — and by inserting after the
word "dependents" in the twentieth and in the twenty-
first hues, as so appearing, in each instance, the words: —
or needy parents, — so that the first paragraph will read
as follows : — If a person who served in the army or navy soldiers' re-
of the United States in the war of the rebellion, in the army, |jf t'oTeedy *
navy or marine corps in the war with Spain or the Philippine parents of
insurrection between April twenty-first, eighteen hundred
and ninety-eight, and July fourth, nineteen hundred and
two, or in the army, navy or marine corps in the world war,
or a pensioner of the United States who served under the
authority or by the approval of the United States or any
state or territory in any Indian war or campaign, or in con-

96 Acts, 1936. — Chap. 77.

nection with or in the zone of any active Indian hostilities
in any of the states or territories of the United States prior
to January first, eighteen hundred and ninety-eight, and
received an honorable discharge from all enlistments therein,
and who has a legal settlement in a town in the common-
wealth, becomes poor and wholly or partly unable to provide
maintenance for himself, his wife or minor children under
sixteen years of age or for a needy father or mother, unless
such condition is the result of his own criminal or wilful mis-
conduct, or if such person dies leaving a widow or minor
children under sixteen years of age, or minor children over
sixteen but under eighteen years of age who attend school
or are incapacitated for work, or a needy father or mother,
such support as may be necessary shall be accorded to him
or his said dependents or needy parents by the town where
they or any of them have a legal settlement, and his said
dependents or needy parents, in the case of his death, shall
not be deemed ineligible to receive said support by reason
of criminal or wilful misconduct on his part at any time dur-
ing his lifetime; but should such person have all the said
qualifications except settlement, if he served in the war of
the rebellion, or in the army, navy or marine corps in the
war with Spain or the Phihppine insurrection between said
dates, his widow, who has acquired a legal settlement in her
own right before August twelfth, nineteen hundred and six-
teen, which ^settlement has not been defeated or lost, or if
he served in the world war and at the time of his decease
was a legal resident of this commonwealth, his widow, who
has a legal settlement and who has not remarried, and his
minor children under sixteen years of age, and those over
sixteen but under eighteen years of age who attend school
or are incapacitated for work, shall also be eligible to receive
relief under this section. Any crippled, blind or helpless
child, whether a minor or adult, of a deceased person who
served in the army or navy of the United States in the war
of the rebellion, or in the war with Spain or the Philippine
insurrection between AprU twenty-first, eighteen hundred
and ninety-eight and July fourth, nineteen hundred and two,
and received an honorable discharge from all enlistments
therein, if such child is receiving a pension from the United
States and is not otherwise eligible to receive relief under
this section, shall also be eligible as aforesaid. Such relief
shall be furnished by the aldermen or selectmen, or, in Bos-
ton, by the soldiers' relief commissioner, subject, however,
to the direction of the city council of said city as to the
amount to be paid. The beneficiary shall receive said rehef
at home, or at such other place as the aldermen, selectmen
or soldiers' relief commissioner deem proper, but he shall
not be compelled to receive the same at an infirmary or
public institution unless his physical or mental condition
requires, or, if a minor, unless his parents or guardian so
elect. Approved February 21, 1936.

Acts, 1936. — Chaps. 78, 79. 97

An Act further defining mercantile establishments Qfiap. 78

FOR THE PURPOSES OF THE LABOR LAWS.

Be it enacted, etc., as follows:

Section one of chapter one hundred and forty-nine of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, amended.*
is hereby amended by adding to the definition of "Mer-
cantile establishments" the following words: — and any
premises used in connection with the service of cleansing,
dyeing, laundering or pressing fabrics or wearing apparel,
— so that the paragraph contained in lines forty-four to
forty-seven, inclusive, will read as follows: —

"Mercantile estabhshments", any premises used for the Mercantile
purposes of trade in the purchase or sale of any goods or ments? '
merchandise, and any premises used for a restaurant or for defined.
publicly providing and serving meals and anj': premises used
in connection with the service of cleansing, dyeing, launder-
ing or pressing fabrics or wearing apparel.

Approved February 21, 1936.

An Act modifying the requirements for investment QJiav. 79

IN RAILROAD EQUIPMENT SECURITIES BY SAVINGS BANKS,
institutions for SAVINGS AND TRUST COMPANIES IN
THEIR SAVINGS DEPARTMENTS.

Be it enacted, etc., as follows:

Clause Third of section fifty-four of chapter one hundred Ed)''i^^'^5 54
and sixty-eight of the General Laws is hereby amended by amended.'
striking out subdivision (p), as appearing in the Tercen-
tenary Edition, and inserting in place thereof the follow-
ing:—

(p) In notes, bonds or other obligations, issued or guar- investments
anteed as to principal and interest by a railroad corporation Cankll'ltc..
which complies with all the requirements of subdivisions equfp^°nt
(6) and (d), or subdivision (e) preceding paragraph (5); pro- securities,
vided, that — (1) such securities are secured by a first lien "'^s'^^*^ •
on, or by a lease and conditional sale of, new railroad equip-
ment of standard gauge, free from all other encumbrances,
for the purchase of which such securities were issued at
not exceeding eighty per cent of the purchase price of such
equipment; (2) the instrument under which such securities
are issued or the lease and conditional sale of such equip-
ment provides for the proper maintenance and replacement
thereof and for the payment of the entire issue of such
securities in not exceeding fifteen equal annual or thirty
equal semi-annual instalments from date of issue, without
the release of any part of the lien or interest in any part of
the equipment securing such securities until the said entire
issue of the series so secured shall have been paid or re-
deemed. But investments under this subdivision shall not
be rendered illegal by reason of the fact that the instrument
or the lease or agreement of sale permits the release there-

98 Acts, 1936. — Chap. 80.

from of any equipment covered thereby upon the condition
that, as security in heu thereof, there shall be deposited
with or to the credit of the trustee under the instrument
cash, or bonds, notes or certificates of indebtedness of the
United States or of this commonwealth, or bonds or notes
of any other state which are legal for investment for sav-
ings banks of this commonwealth, equivalent to the fair
value of the equipment released. Not more than ten per
cent of the deposits of any such bank shall be invested in
securities which are legal under this subdivision, nor more
than two per cent of its deposits in such securities issued
or guaranteed by, or secured by lease and conditional sale
to, any one railroad corporation.

Approved February 21, 19S6.

Chap. 80 An Act authorizing cities, towns and districts to bor-
row ON account of public welfare, soldiers' bene-
fits AND federal emergency UNEMPLOYMENT RELIEF
PROJECTS.

pr^ambi"''^ Whercas, 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. 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 bor-
row, during the year nineteen hundred and thirty-six, out-
side its debt limit as fixed by sections eight and ten of said
chapter forty-four, for use only for meeting appropriations
made or to be made for public welfare, including mothers'
aid and old age assistance, soldiers' benefits including state
aid, military aid, soldiers' burials and soldiers' relief, and
any federal emergency unemployment relief project, to an
amount not more than one half of one per cent on the aver-
age 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, or, if the aggregate of its serial debt
maturing in nineteen hundred and thirty-six exceeds said
one half of one per cent, to an amount not more than the
aggregate of such debt so maturing, and may issue bonds or
notes therefor, which shall bear on their face the words,
(name of city, town or district) Municipal Rehef Loan, Act
of 1936. 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 limita-

Acts, 1936. — Chaps. 81, 82. 99

tion contained in the first paragraph of section seven thereof.
No loan shall be made by any city, town or district under
the general authority granted by said chapter forty-four,
subsequent to a borrowing made under authority of this
act, without the approval of the board estabhshed as afore-
said.

Section 2. The members of the board aforesaid, when
acting under this act, shall receive from the commonwealth
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.

Section 3. Loan orders passed in any city under au-
thority of this act shall be deemed to be emergency orders
and as such may be passed in such manner as is provided
for emergency orders in its charter.

Approved February S4, 1936.

An Act relative to exemption from local taxation of Chav 81

PROPERTY OF THE UNITED STATES.

Be it enacted, etc., as follows:

Section five of chapter fifty-nine of the General Laws, as g. l. (Ter.
most recently amended by chapter two hundred and ninety- ^tt! 'amended.
four of the acts of nineteen hundred and thirty-five, is hereby
further amended by striking out clause First and inserting
in place thereof the following: —

First, Property owned by the United States and constitu- Property of
tionally held and used by it for essential governmental yxeiStfrom^

functions. taxation.

{This hill, returned hy the lieutenant governor, acting gov-
ernor, to the House of Representatives, the branch in which it
originated, with his objections thereto, was passed by the House
of Representatives, February 19, 1936, and, in concurrence, hy
the Senate, February 26, 1936, the objections of the lieutenant
governor, acting governor, notwithstanding, in the maiiner pre-
scribed by the constitution; and thereby has "the force of a
law".)

An Act relative to the taxation of income received Chav 82

BY certain estates, FIDUCIARIES, PARTNERSHIPS, ASSO-
CIATIONS AND TRUSTS.

Be it enacted, etc., as follows:

Section 1. Section nine of chapter three hundred and
seven of the acts of nineteen hundred and thirty-three, as
amended by section one of chapter four hundred and eighty-
nine of the acts of nineteen hundred and thirty-five, is hereby
further amended by inserting after the word "annum" in
the sixteenth hne the following new sentence: — Inhabitant
of the commonwealth shall include (a) estates and fiduciaries
specified in sections nine, ten, thirteen and fourteen of chap-
ter sixty-two of the General Laws, as appearing in the Ter-
centenary Edition, (6) partnerships specified in section

100 Acts, 1936. — Chap. 83.

seventeen of said chapter sixty-two, as so appearing, and (c)
partnerships, associations or trusts, the beneficial interest
in which is represented by transferable shares, specified in
paragraphs entitled First, Second and Third of subsection
(c) of section one of said chapter sixty-two, as amended, —
so as to read as follows : — Section 9. Income received by
any inhabitant of the commonwealth during the years nine-
teen hundred and thirty-three, nineteen hundred and thirty-
four and nineteen hundred and thirty-five from dividends
on shares in all corporations, joint stock companies and bank-
ing associations, organized under the laws of this common-
wealth or under the laws of any state or nation, except co-
operative banks, building and loan associations and credit
unions chartered by the commonwealth, and except savings
and loan associations under the supervision of the commis-
sioner of banks, and income received by any inhabitant of
the commonwealth during the year nineteen hundred and
thirty-six from such dividends, other than stock dividends
paid in new stock of the company issuing the same, shall be
taxed at the rate of six per cent per annum. Inhabitant of
the commonwealth shall include (a) estates and fiduciaries
specified in sections nine, ten, thirteen and fourteen of chap-
ter sixty-two of the General Laws, as appearing in the Ter-
centenary Edition, (6) partnerships specified in section
seventeen of said chapter sixty-two, as so appearing, and (c)
partnerships, associations or trusts, the beneficial interest in
which is represented by transferable shares, specified in para-
graphs entitled First, Second and Third of subsection (c) of
section one of said chapter sixty-two, as amended. Except as
otherwise provided in this section, the provisions of chapter
sixty-two of the General Laws, as amended, shall apply to the
taxation of income received by any such inhabitant during
said years. Subsection (6) of section one of said chapter
sixty-two shall not apply to income received during said
years.

Section 2. This act shall take effect as of January first,
nineteen hundred and thirty-four, and shall apply to divi-
dends received during the calendar years nineteen hundred
and thirty-three, nineteen hundred and thirty-four, nineteen
hundred and thirty-five and nineteen hundred and thirty-
six, as hereinbefore provided.

Approved February 27, 1936.

Chap. 83 An Act relative to the reduction of certain municipal

LOANS FOR federal AID PROJECTS.

Emergency Whereus, The deferred operation of this act would tend to

pream e. defeat its purposc, 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 two of Part one of chapter three hundred and
sixty-six of the acts of nineteen hundred and thirty-three,

Acts, 1936. — Chap. 83. 101

as amended by section one of chapter twenty-one of the acts
of nineteen hundred and thirty-four and by section one of
chapter four hundred and four of the acts of nineteen hundred
and thirty-five, is hereby further amended by inserting after
the word "thirty-one" in the sixty-eighth hne the following
new sentence: — In case a single loan shall represent bor-
rowings both within and beyond either of the said special
one per cent hmits, and such loan shall be later reduced,
through the retirement of bonds, notes or other forms of
written acknowledgment of debt, or otherwise, such reduc-
tion shall be deemed to have been made wholly in respect of
that portion of the loan which represented borrowing beyond
the said special one per cent limit so long as any of the said
portion remains outstanding, — so as to read as follows: —
Section 2. Any county, except Suffolk or Nantucket, if
authorized by the county commissioners, or any city or town,
including Boston and Worcester, if authorized by a two
thirds vote as defined in section one of chapter forty-four
of the General Laws, with the approval of the mayor of such
a city, may engage in any public works project included in
any "comprehensive program of pubKc works" prepared
under section two hundred and two of Title II of the National
Industrial Recovery Act and in any useful public project
authorized under the joint resolution of congress known as
the Emergency Rehef Appropriation Act of 1935, but only
in case such project is approved, as hereinafter provided, by
the board and by the governor and in case the proper federal
authorities have approved a grant therefor of federal money
under section two hundred and three of said Title II or
under said joint resolution, as the case may be. Such proj-
ects, so approved, shall be carried out in all respects subject
to the provisions of said Title II or of said joint resolution,
as the case may be, and to such terms, conditions, rules and
regulations, not inconsistent with applicable federal laws and
regulations, as the board may establish, with the approval
of the governor, to ensure the proper execution of such proj-
ects. Any such county, city or town may accept and use for
carrying out any project so approved any grant, or any grant
and loan, of federal funds under section two hundred and
three of said Title II or under said joint resolution, as the
case may be; and, for the purpose only of carrying out such
project, may borrow from the United States of America or
other sources, or both, such sums as may be fixed by the
board as hereinafter provided, and may issue bonds, notes
or other forms of written acknowledgment of debt for such
terms and carrying interest at rates not exceeding such
rates as may be fixed by the board as hereinafter provided.
Any city or town may borrow hereunder for projects for
which borrowings are authorized by section seven of said
chapter forty-four and for other projects for which borrow-
ings are not authorized by section eight of said chapter,
amounts not exceeding in the aggregate one per cent of the
average of the assessors' valuation of its taxable property for

102 Acts, 1936. — Chap. 83.

the three preceding years, reduced and otherwise determined
as provided in section ten of said chapter, without affecting
its future borrowing capacity, and in addition, after such
hmit of one per cent is reached, may so borrow therefor so
much as may be required of any amount within its debt
hmit, as determined in accordance with said section ten, not
then borrowed or authorized by such city or town to be
borrowed; and any city or town may borrow hereunder for
projects of any class for which borrowings are authorized by
section eight of said chapter, water projects being treated as
a single class for the purposes hereof, amounts not exceeding
in the aggregate one per cent of the last preceding assessed
valuation of such city or town, without affecting its future
borrowing capacity, and in addition, after such limit of one
per cent is reached, may so borrow therefor so much as may
be required of any amount authorized by said section eight
for such class of projects not then borrowed or authorized
by such city or town to be borrowed, and no borrowing here-
under for any project for which borrowings are authorized
by said section eight shall be reckoned in determining the
borrowing capacity of such city or town under said section
ten. For the purposes of the foregoing sentence, the limit
of indebtedness of the city of Boston shall be computed in
accordance with the provisions of section ten of said chapter
forty-four as provided in section two of chapter two hundred
and twenty-five of the acts of nineteen hundred and thirty-
one. In case a single loan shall represent borrowings both
within and beyond either of the said special one per cent
hmits, and such loan shall be later reduced, through the
retirement of bonds, notes or other forms of written acknowl-
edgment of debt, or otherwise, such reduction shall be deemed
to have been made wholly in respect of that portion of the
loan which represented borrowing beyond the said special
one per cent limit so long as any of the said portion remains
outstanding. In fixing the amounts that may be borrowed
hereunder for projects for which borrowings are not author-
ized by said chapter forty-four, the board shall be guided by
the above hmitations as applied to the provisions of said
chapter applicable to like projects. The board shall fix the
terms of and maximum rates of interest on the bonds, notes
or other forms of written acknowledgment of debt issued
hereunder; which terms and rates of interest, in case of obli-
gations to be issued to the United States of America, shall
be fixed in accordance with the apphcable federal laws and
regulations and subject to the approval of the proper federal
authorities. All the provisions of said chapter forty-four,
exclusive of the limitation contained in the first paragraph
of section seven thereof, that no loan shall be authorized
unless a sum equal to twenty-five cents on each one thousand
dollars of the assessed valuation of the city or town has been
appropriated or voted to be raised by taxation, shall apply
to any borrowing hereunder by any city or town, includ-
ing Boston and Worcester, except as hereinbefore provided

Acts, 1936. — Chap. 84. 103

and, in respect of any borrowing from the United States of
America, except in so far as such provisions of law may be
in conflict with appKcable federal laws and regulations.
Each county, city or town seeking the approval of any proj-
ects by the board shall submit to it all information required
with respect to the financial condition of such county, city
or town, its outstanding indebtedness within and without
its limit of indebtedness, if any, the estimated cost of the
project, the alleged necessity therefor, and the proposed
method of financing the same. In granting or withholding
its approval, the board shall take into consideration, among
other things, the necessity of the proposed project, the ability
of such county, city or town to finance the same, the extent
to which the carrying out of the project will tend to relieve
unemployment and the extent to which the maintenance of
the project when completed will tend to increase or decrease
the annual expenditures of such county, city or town and to
increase or decrease the tax burden upon its inhabitants.

Approved February 27, 1936.

An Act further modifying the requirements for mak- Chav. 84

ING certain railroad BONDS LEGAL INVESTMENTS FOR
SAVINGS BANKS, INSTITUTIONS FOR SAVINGS AND TRUST
COMPANIES IN THEIR SAVINGS DEPARTMENTS.

Whe7'eas, The deferred operation of this act would tend to Emergency
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. Section two of chapter seventy-two of the
acts of nineteen hundred and thirty-five is hereby repealed.

Section 2. Wherever in clauses third and sixteenth of
section fifty-four of chapter one hundred and sixty-eight of
the General Laws a number of fiscal years is mentioned, the
fiscal years beginning in the years nineteen hundred and
thirty-one, nineteen hundred and thirty-two, nineteen hun-
dred and thirty-three, nineteen hundred and thirty-four and
nineteen hundred and thirty-five 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 ehgible for
investment by savings banks on January first, nineteen hun-
dred and thirty-one, or have become eligible for such invest-
ment since that date, or shall hereafter, prior to April first,
nineteen hundred and thirty-seven, become eligible for such
investment, shall continue to be eligible for such investment
until April first, nineteen hundred and thirty-seven; pro-
vided, however, that the securities of a railroad company
which has defaulted during the year nineteen hundred and
thirty-one, or which shall have defaulted prior to April first,
nineteen hundred and thirty-seven, in the payment of ma-

104 Acts, 1936. — Chaps. 85, 86, 87.

tured principal or interest of any of its mortgage or funded
indebtedness shall not be eligible for such investment.

Approved February 27, 1936.

Chap. 85 -^^ ^^^ AUTHORIZING THE TOWN OF HARWICH TO USE CERTAIN
PARK LAND IN SAID TOWN FOR SCHOOL PURPOSES.

Beit enacted, etc., as follows:

Section 1. The town of Harwich is hereby authorized
to use, for school and school yard purposes, so much of Brooks
park, so called, located therein as the town by vote may
determine.

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

Approved February 27, 1936.

Chap. 86 An Act authorizing the city of Marlborough to bor-
row MONEY FOR THE PURPOSE OF PAYING EXPENSES AL-
READY INCURRED FOR SOLDIERS' BENEFITS, OLD AGE AS-
SISTANCE AND PUBLIC WELFARE PURPOSES.

Be it enacted, etc., as follows:

Section 1. The city treasurer of the city of Marlborough,
with the approval of the mayor, is hereby authorized to bor-
row during the year nineteen hundred and thirty-six, but
otherwise in accordance with chapter one hundred and
eighty-eight of the acts of nineteen hundred and thirty-five,
the sum of twenty-three thousand dollars for the purpose of
paying expenses incurred during the j^ear nineteen hundred
and thirty-five for soldiers' benefits, old age assistance, and
public welfare purposes, such borrowing to be in accordance
with order numbered thirty-nine hundred and sixty-seven
of the city council, passed on December twenty-third, nine-
teen hundred and thirty-five, and approved by the mayor
December twent3''-sixth, nineteen hundred and thirty-five,
and in accordance with the approval of the emergency
finance board by vote of December twenty-seventh, nine-
teen hundred and thirty-five.

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

Approved February 27, 1936.

Chap. 87 An Act PROVIDING that CERTAIN additional town OFFICERS
BE TOWN MEETING MEMBERS AT LARGE OF THE TOWN OF
METHUEN.

Be it enacted, etc., as follows:

Section 1. Section three of chapter two hundred and
forty-one of the acts of nineteen hundred and twenty-one
is hereby amended by striking out, in the eighth line, the
word "and" and inserting in place thereof a comma and by
inserting after the word "Memorial" in the ninth fine the
following: — , the chairman of the advisory committee, the
chairman of the board of water commissioners, the chairman

Acts, 1936. — Chap. 88. 105

of the board of assessors and the highway surveyor, — so as
to read as follows: — Section 3. Any representative town
meeting held under the provisions of this act, except as other-
wise provided herein, shall be limited to the voters elected
under section two together with the following, designated
as town meeting members at large; namely, any member of
the general court of the commonwealth from the town, the
moderator, the town clerk, the selectmen, the town treas-
urer, the chairman of the school committee, the chairman
of the trustees of the Nevins' Memorial, the chairman of the
advisory committee, the chairman of the board of water com-
missioners, the chairman of the board of assessors and the
highway surveyor. The town clerk shall notify the town
meeting members of the time and place at which representa-
tive town meetings are to be held, the notices to be sent by
mail at least seven days before the meeting. The town meet-
ing members as aforesaid shall be the judges of the election
and qualification of their members. A majority of the town
meeting members shall constitute a quorum for doing busi-
ness; but a less number may organize temporarily and may
adjourn from time to time. Notice of every adjourned town
meeting shall be posted by the town clerk in ten or more
pubhc places in the town, and he shall notify by mail the
members of the town meeting of the adjournment at least
twenty-four hours before the time of the adjourned town
meeting. The notices shall state briefly the business to be
acted upon at the meeting, and shall include notice of any
proposed reconsideration. All town meetings shall be public.
The town meeting members as such shall receive no compen-
sation. Subject to such conditions as may be determined
from time to time by the members of the representative town
meeting, any voter of the town who is not a town meeting
member may speak at any representative town meeting, but
he shall not vote. A town meeting member may resign by
filing a written resignation with the town clerk, and such
resignation shall take effect on the date of such filing. A
town meeting member who removes from the town shall cease
to be a town meeting member and a town meeting member
who removes from one precinct to another or is so removed
by a revision of precincts shall not retain membership after
the next annual election.

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

Approved February 27, 1936.

An Act authorizing the city of peabody to pay certain Qfidj) 88

BILLS contracted BY THE STADIUM COMMITTEE OF SAID
CITY.

Be it enacted, etc., as follows:

Section 1. The city of Peabody is hereby authorized to
appropriate the sum of twenty-three hundred and sixteen
dollars and eighty-seven cents for the payment of, and, with

106 Acts, 1936. — Chaps. 89, 90.

the approval of the mayor and school committee, to pay,
certain bills contracted by the stadium committee of said
city, as shown by a list now on file with the city auditor.
Section 2. This act shall take effect upon its passage.

Approved February 27, 1936.

Chap. 89 An Act authorizing the town of wellesley to use for

CERTAIN MUNICIPAL PURPOSES CERTAIN PARK LANDS IN
SAID TOWN.

Be it enacted, etc., as follows:

Section 1. The town of Wellesley is hereby authorized
to use, for town hall and school purposes or for either of said
purposes, so much of its park lands lying between Washing-
ton street and Seaver street in said town as the town may
by vote determine.

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

Approved February 27, 1936.

Chap. 90 An Act dissolving the rhode island and Massachusetts

christian conference, incorporated, and the RHODE
island and MASSACHUSETTS CHRISTIAN BENEVOLENT
SOCIETY.

Be it enacted, etc., as follows:

Section 1. The corporations known as the Rhode Island
and Massachusetts Christian Conference, Incorporated,
located in the city of New Bedford, incorporated under
general law on February twenty-fifth, nineteen hundred and
thirteen, and The Rhode Island and Massachusetts Christian
Benevolent Society, incorporated by chapter two hundred
and thirty-four of the acts of eighteen hundred and ninety-
three, are hereby dissolved, subject to the provisions of sec-
tions fifty-one, fifty-two and fifty-six of chapter one hundred
and fifty-five of the General Laws.

Section 2. Nothing in this act shall be construed to
affect any suit now pending by or against either of said cor-
porations, or any suit now pending or hereafter brought for
any liability now existing against the officers of either of said
corporations, or to make vahd any defect in the organization
of either of said corporations.

Section 3. Suits upon choses in action arising out of
contracts sold or assigned by either of said corporations may
be brought or prosecuted in the name of the purchaser or
assignee. The fact of sale or assignment and of purchase by
the plaintiff shall be set forth in the writ or other process;
and the defendant may avail himself of any matter of defense
of which he might have availed himself in a suit upon a claim
by the corporation, had it not been dissolved by this act.

Approved February 27, 1936.

Acts, 1936. — Chaps. 91, 92, 93. 107

An Act abolishing curtesy in wild land. Char) Ql

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and eighty-nine of the g. l. (Ter.
General Laws is hereby amended by striking out section fmenild.' ^ ^'
three, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following: — Section 3. A widow Curtesy in
shall not be entitled to dower, nor a widower to curtesy, in TbLliihed.
wild land of which her or his spouse dies seized, except wood-
lots or other land used with the farm or dwelling house of the
deceased spouse, nor in such land which is conveyed by him
or her although it is afterward cleared.

Section 2. This act shall take effect September first in Effective
the current year, but shall not affect any rights then existing. ^^^'''

Approved February 27 ^ 1936.

An Act relative to the assessment of taxes on land. Q^kuj 92

Be it enacted, etc., as follows:

Chapter fifty-nine of the General Laws is hereby further g. l. (Ter.
amended by striking out section eleven, as amended by sec- ^tt! 'amended.
tion twenty-nine of chapter two hundred and fifty-four of
the acts of nineteen hundred and thirty-three, and inserting
in place thereof the following: — Section 11. Taxes on real Land, where
estate shall be assessed, in the town where it lies, to the person assessed! °^
who is the owner on January first, and the person appearing of
record, in the records of the county, or of the district, if such
county is divided into districts, where the estate lies, as
owner on January first, even though deceased, shall be held
to be the true owner thereof. Real estate held by a rehgious
society as a ministerial fund shall be assessed to its treasurer
in the town where the land lies. Buildings erected on land
leased by the commonwealth under section twenty-six of
chapter seventy-five shall be assessed to the lessees, or their
assignees, at the value of said buildings. Except as provided
in the three following sections, mortgagors of real estate shall
for the purpose of taxation be deemed the owners until the
mortgagee takes possession, after which the mortgagee shall
be deemed the owner. Approved February 27, 1936.

An Act relative to the sale or taking of real estate nhnrf 93

FOR non-payment OF TAXES AFTER AN ASSIGNMENT BY
A CITY OR TOWN OF A TAX TITLE AFFECTING THE SAME.

Be it enacted, etc., as follows:

Section 1. Section sixty-one of chapter sixty of the g. l. (Ter.
General Laws, as most recently amended by chapter forty- ftliamended.
eight of the acts of nineteen hundred and thirty-four, is
hereby further amended by adding at the end the following:
— A city or town which has assigned a tax title held by it
shall, after such assignment, have all the rights and powers

108

Acts, 1936. — Chap. 93.

Lien for taxes
after sale
or taking.

G. L. (Ter.
Ed.), 60, § 50.
etc., amended.

Deed to city
or town of
property sold
for taxes.

to take or sell the real estate affected thereby, for the non-
payment of taxes, which it would have possessed had said
city or town never been the holder of said tax title, — so as
to read as follows : — Section 61 . Whenever a town shall
have purchased or taken real estate for payment of taxes the
lien of the town on such real estate for all taxes assessed sub-
sequently to the assessment for payment of which the estate
was purchased or taken shall continue, and it shall be un-
necessary for the town to take or sell said real estate for non-
payment of said subsequent taxes, costs and interest; and
on redemption from such taking or purchase, said subsequent
taxes, costs and interest shall be paid to the town, and the
payment shall be made a part of the terms of redemption,
except that if any of the said subsequent taxes have not been
certified by the collector to the treasurer to be added to the
tax title account, then redemption may be made by payment
only of the amount of the tax for which the estate was pur-
chased or taken and of such subsequent taxes as shall have
been so certified, together with costs and interest. The col-
lector shall certify to the treasurer not later than September
first of the year following that of their assessment all subse-
quent taxes which become part of the terms of redemption
and the treasurer shall give him a certificate stating that the
amount or amounts have been added to the tax title account
or accounts and the collector shall be credited as if the tax
had been paid in money. A city or town which has assigned
a tax title held by it shall, after such assignment, have all
the rights and powers to take or sell the real estate affected
thereby, for the non-payment of taxes, which it would have
possessed had said city or town never been the holder of said
tax title.

Section 2. Section fifty of said chapter sixty, as most
recently amended by section one of chapter four hundred and
fourteen of the acts of nineteen hundred and thirty-five, is
hereby further amended by striking out, in the twentieth fine,
the words "or foreclosure" and inserting in place thereof
the following : — , foreclosure or assignment, — so as to
read as follows : — Section 50. If the town becomes the pur-
chaser, the deed to it, in addition to the statements required
by section forty-five, shall set forth the fact that no sufficient
bid was made at the sale or that the purchaser failed to pay
the amount bid, as the case may be, and shall confer upon
such town the rights and duties of an individual purchaser.
Every such deed and every instrument of taking described
in section fifty-four shall be in the custody of the town treas-
urer, and there shall be set up on the books of the town,
whether kept by the treasurer or otherwise, a separate ac-
count of each parcel of land covered by any such deed or
instrument, to which shall be charged the amount stated in
the deed or instrument, the cost of recording the same, and,
upon certification in accordance with section sixty-one, all
uncollected taxes assessed to such parcel for any year sub-
sequent to that for the taxes for which such parcel was pur-

Acts, 1936. — Chap. 94. 109

chased or taken, with all legal costs and charges thereon,
including interest accrued up to the date of such certifica-
tion, until redemption, foreclosure or assignment. The town
treasurer shall institute proceedings for foreclosure as soon
as such proceedings are authorized by sections sixty-two and
sixty-five. The commissioner may at his discretion institute
proceedings in the name of the treasurer in the event that
such proceedings are not instituted by the treasurer. Any
expense incurred by the commissioner hereunder shall be
assessed against the city or town and collected in the same
manner as expenses for auditing municipal accounts under
the provisions of section forty-one of chapter forty-four.

Approved February 27, 1936.

An Act relative to the furnishing annually of certain Qjidrf 94

FINANCIAL ESTIMATES IN TOWNS.

Be it enacted, etc., as follows:

Section fifty-nine of chapter forty-one of the General Laws, g. l. (Ter.
as appearing in the Tercentenary Edition, is hereby amended ^^gnded * ^^'
by inserting after the word "accountant" in the third line
the words : — , or, if there is no town accountant, to the ap-
propriation, advisory or finance committee, if any, otherwise
to the selectmen, — so as to read as follows : — Section 69. Annual esu-
The selectmen and all boards, committees, heads of depart- f^ni^he°d to
ments or other officers of a town authorized by law to expend accountant.
money shall furnish to the town accountant, or, if there is no
town accountant, to the appropriation, advisory or finance
committee, if any, otherwise to the selectmen, not less than
ten days before the end of the town financial year, detailed
estimates of the amounts necessary for the proper mainte-
nance of the departments under their jurisdiction for the
ensuing year, with explanatory statements as to any changes
from the amounts appropriated for the same purposes in the
preceding year, and an estimate of amounts necessary for
outlays or permanent improvements. They shall also pre-
pare estimates of any income likely to be received by the
town during the ensuing year in connection with the town's
business or property intrusted to their care. The selectmen
shall include in; their estimates the salaries and expenses con-
nected with their own office, and the salaries of all other town
oflacers shall be included in the estimates for the office, de-
partment or branch of the public service of which they are in
charge. The treasurer shall, in addition to his estimate of
the amount required for the maintenance of his own oflSce,
prepare a separate statement indicating the amounts re-
quired for the payment of interest on the town debt and for
the payment of such portions of the town debt as may become
due during the succeeding year.

Approved February 27, 1936.

110 Acts, 1936. — Chaps. 95, 96.

Chap. 95 An Act authorizing the town of winthrop to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of remodelling, enlarging and
equipping the Shirley Street school, the town of Winthrop
may borrow from time to time, within the period of five years
from the passage of this act, such sums of money as may be
necessary, not exceeding, in the aggregate, one hundred and
twenty-five thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Winthrop
School Loan, Act of 1936, Each authorized issue shall con-
stitute a separate loan, and such loans shall be paid in not
more than fifteen years from their dates, but no issue shall be
authorized under this act unless a sum equal to an amount
not less than ten per cent of such authorized issue is voted
for the same purpose from available funds or to be raised by
the tax levy of the year when authorized. Indebtedness in-
curred 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 con-
tained in the first paragraph of section seven thereof.

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

Approved February 28, 1936.

Chap. 96 An Act changing and establishing the boundary line
between the towns of middleton and topsfield.

Be it enacted, etc., as follows:

Section 1. The following described line shall hereafter
constitute the boundary line between the towns of Middleton
and Topsfield : — Beginning at the corner of Boxf ord, Middle-
ton and Topsfield, an unmarked point in the middle of
Ipswich river, north forty-one degrees, fortj'-'One minutes,
west (true bearing) and about thirty feet distant from a
witness mark standing ten feet southeast of the southerly
bank of Ipswich river, marked by a granite monument four
feet high and seven inches square, lettered B. M. T.; thence
south forty-five degrees, seventeen minutes, thirty-four
seconds, west and twenty-three hundred and twenty-eight
feet distant to Middleton Topsfield 1, formerly Middleton
Topsfield 4, an unmarked point in the middle of Nichols
brook, south sixty-seven degrees, forty minutes, west (true
bearing) and about ten feet distant from the witness mark,
standing six feet east of the east bank of Nichols brook, three
and four tenths feet high and eight inches square, lettered
M. T., thence southerly along the middle of Nichols brook
to what was formerly Middleton Topsfield 5, an unmarked
point in the middle of Nichols brook, north nineteen degrees,
thirteen minutes, east (true bearing) and about five feet
distant from granite monument standing in open meadow
on the westerly bank of Nichols brook at the junction of a

Acts, 1936. — Chaps. 97, 98. Ill

ditch, two feet high and eight inches square, unlettered;
thence southerly along the middle of Nichols brook to what
was formerly Middleton Topsfield 8, an unmarked point in
the middle of Nichols brook, south seventy-eight degrees,
thirty-one minutes, east (true bearing) and about five feet
distant from a granite monument standing in partly open
meadow on the westerly bank of Nichols brook, two feet
high and seven and one half inches square, unlettered; thence
southeasterly along the middle of Nichols brook to a point
in the middle of Nichols brook north fifty-four degrees,
thirty minutes, east (true bearing) and one and five tenths
feet from the corner of Danvers, Middleton and Topsfield;
thence south fifty-four degrees, thirty minutes, west (true
bearing) and one and five tenths feet distant to the corner
of Danvers, Middleton and Topsfield, standing in swampy
woodland on the westerly bank of Nichols brook and marked
by a granite monument two and three tenths feet high, and
about ten and one half by eight inches in section, lettered
D. M. T. with three eighth inch drill hole in the top.
Section 2. This act shall take effect upon its passage.

Approved February 28, 1936.

An Act relative to the holding of professional sports (Jhnj) 97

AND games, so called, ON THE LORD's DAY AT THE CHURCH ^'
GROUNDS, so CALLED, IN THAT PART OF THE TOWN OF
PALMER CALLED THORNDIKE.

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
the Church Grounds, so called, in that part of the town of
Palmer called Thorndike.

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 February 28, 1936,

An Act amending the authority of the county com- fhnrt OR

MISSIONERS of NORFOLK COUNTY IN RESPECT TO THE ^'

ISSUANCE OF CERTAIN BONDS OR NOTES PREVIOUSLY
AUTHORIZED FOR THE BUILDING AND EQUIPPING OF A
nurses' HOME AT THE NORFOLK COUNTY TUBERCULOSIS
HOSPITAL.

Be it enacted, etc., as follows:

To provide funds for the building and equipping of a
nurses' home at the Norfolk county tuberculosis hospital,
as authorized by chapter two hundred and forty-five of the

112 Acts, 1936. — Chap. 99.

acts of nineteen hundred and thirty-five, and to pay tem-
porary loans issued for such purpose, the county commis-
sioners of Norfolk county may borrow on the credit of the
county from time to time such sums, not exceeding, in the
aggregate, one hundred thousand dollars, as may be neces-
sary for said purposes, or either of them; and the county
treasurer, with the approval of the county commissioners,
may issue bonds or notes therefor, which shall bear on
their face the words, Norfolk County Tuberculosis Hospital
Nurses Home Loan, Act of 1936. Each authorized issue
shall constitute a separate loan. Such bonds or notes shall
be payable in such annual payments, beginning not more
than one year from the date thereof, as will extinguish each
loan in not more than five years from its date and as will
make the amount of the annual payment in any year not
less than the amount of the principal of the loan payable
in any subsequent year. The bonds or notes shall be signed
by the county treasurer and countersigned by the county
commissioners. Said bonds or notes may be sold 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. All sums necessary to meet interest payments
on such bonds or notes and payments on account of prin-
cipal thereof as the same mature shall be assessed upon the
several municipalities of said county which constitute the
hospital district therein, with other assessments made under
sections seventy-eight to eighty-nine, inclusive, of chapter
one hundred and eleven of the General Laws, as amended,
and such assessments may be made prior to the completion
of said nurses' home. Nothing in this act shall operate|,to
prevent the county from accepting and using any grant from
the federal government in connection with the building and
equipping of said nurses' home.

Approved February 28, 1936.

Chap. 99 An Act relative to the organization of state commit-
tees OF political parties and authorizing said com-
mittees TO ADD TO THEIR MEMBERSHIPS.

Be it enacted, etc., as follows:

EdViJl'i Chapter fifty-two of the General Laws is hereby amended

etc!, amended, by Striking out section one, as most recently amended by
section one of chapter two hundred and eighty-eight of the
acts of nineteen hundred and thirty-four, and inserting in
State com- placc thereof the following : — Section 1 . Each political party
mittees. shall, in the manner herein provided, elect from among its

Election, enrolled members a state committee, which shall consist

terms. ^^ ^^^ member from each senatorial district to be elected

at the party primaries immediately preceding each bien-
nial state election by plurality vote of the members of
his party in the district, such number of members at large
as may be fixed by the state, convention, to be elected at

Acts, 1936. — Chap. 100. 113

said convention, and such number of members as may be
elected by the state committee as hereinafter provided.
Members of said committee elected from senatorial districts
shall hold office for two years from the day of final adjourn-
ment of the state convention of such party next following
their election, members elected at a state convention shall
hold office for two years from the day of final adjournment
of such convention and members elected by the state com-
mittee shall hold office until the expiration of said period of
two years, and in each case until their successors shall have
organized.

The members of the state committee shall, within ten
days after the day of final adjournment of the state conven-
tion, meet and organize by the choice of a chairman, a
secretary, a treasurer and such other officers as they may
decide to elect; provided, that the members of the commit-
tee shall first meet and organize temporarily by the choice
of a temporary chairman and a temporary secretary who
shall serve until a permanent chairman and a permanent
secretary are chosen, and such committee, while temporarily
organized or at any time after its permanent organization,
may add to its membership.

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

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

Approved February 28, 1936.

An Act defining stillborn children for the purposes (Jfidj) IQQ

OP VITAL STATISTICS.

Be it enacted, etc., as follows:

Section nine of chapter forty-six of the General Laws, as g. l. (Ter.
appearing in the Tercentenary Edition, is hereby amended amended.*^'
by adding after the word "death" in the sixteenth line the
following sentence : — A stillborn child shall be deemed to
be a foetus born after a period of gestation of not less than
five months, in which foetus there is no attempt at respi-
ration, no action of heart and no movement of voluntary
muscle, — so as to read as follows : — Section 9. A physi- Physician or
cian or registered hospital medical officer shall forthwith, dea'th^ce^r-*''^*
after the death of a person whom he has attended during tifi<=a,te.
his last illness, at the request of an undertaker or other
authorized person or of any member of the family of the
deceased, furnish for registration a standard certificate of

114

Acts, 1936. — Chap. 101,

"Stillborn'
defined.

death, stating to the best of his knowledge and belief the
name of the deceased, his supposed age, the disease of which
he died, defined as required by section one, where same was
contracted, the duration of his last illness, when last seen
alive by the physician or officer and the date of his death.
A physician or officer attending at the birth of a child dying
immediately thereafter, or a physician or officer attending
at the birth of a child born dead, shall forthwith furnish for
registration a certificate, stating that to the best of his
knowledge and behef such child either died immediately
after birth or was born dead. Both the birth and death of
such child shall be recorded and, if it was born dead, the
word "stillborn", shall be entered in both the record of
birth and death. A stillborn child shall be deemed to be a
foetus born after a period of gestation of not less than five
months, in which foetus there is no attempt at respiration,
no action of heart and no movement of voluntary muscle.
A physician or any such officer neglecting or refusing to
make such certificate or making a false statement therein
shall forfeit not more than fifty dollars.

A pproved February 28, 1936.

G. L. (Ter.
Ed.), 53, § 6,
amended.

Nomination
papers,
number of
signatures
required.

Chap. 101 An Act reducing the number of signatures required

ON NOMINATION PAPERS OF CANDIDATES FOR TOWN
OFFICES.

Be it enacted, etc., as follows:

Section six of chapter fifty-three of the General Laws, as
appearing in the Tercentenary Edition, is hereby amended
by striking out, in the seventeenth line, the word "fifty"
and inserting in place thereof the words: — one hundred, —
so as to read as follows : — Section 6. Nominations of can-
didates for any offices to be filled by all the voters of the
commonwealth may be made by nomination papers, stating
the facts required by section eight and signed in the aggre-
gate by not less than one thousand voters. Nominations
of all other candidates for offices to be filled at a state elec-
tion, and of all candidates for offices to be filled at a city
election except where city charters provide otherwise, may
be made by like nomination papers, signed in the aggre-
gate by two voters, in the case of offices to be filled at a
state election, and one voter, in the case of offices to be
filled at a city election, for every one hundred votes cast
for governor at the preceding biennial state election in the
electoral district or division for which the officers are to be
elected, but in no event by less than fifty nor more than
one thousand in the case of offices to be filled at a state
election, or by less than fifty nor more than two hundred
and fifty in the case of offices to be filled at a city election.
Nominations of candidates for offices to be filled at a town
election may be made by nomination papers signed in the
aggregate by at least one voter for every one hundred votes

Acts, 1936. — Chaps. 102, 103. 115

polled for governor at the preceding biennial state election
in such town, but in no case by less than twenty voters.
At a first election to be held in a newly established ward,
the number of voters upon a nomination paper of a candi-
date who is to be voted for only in such ward need not
exceed fifty; and at a first election in a town the number
for the nomination of a candidate who is to be voted for
only in such town need not exceed twenty.

Approved February 28, 1936.

An Act authorizing the Salisbury reclamation district QJku) 102
to refund certain indebtedness.

Be it enacted, etc., as follows:

Section 1. The Sahsbury Reclamation District is hereby
authorized to refund or extend, from time to time, for a
period not extending beyond July first, nineteen hundred
and thirty-seven, one thousand dollars of a loan of fifteen
hundred dollars borrowed on a note dated November ninth,
nineteen hundred and thirty-four, and maturing on Novem-
ber ninth, nineteen hundred and thirty-five, issued for the
purpose of paying the district's share of the expense of con-
structing control works; and may issue a note or notes
therefor, which shall bear on their face the words, Salisbury
Reclamation District Refunding Loan, Act of 1936. All
betterment assessments received on account of said improve-
ment shall be applied to the payment of indebtedness in-
curred hereunder. The amount of the debt remaining un-
paid on June first, nineteen hundred and thirty-seven, to
the extent that funds are not then available, shall be assessed
on the land of the proprietors as provided in section eleven
of chapter two hundred and fifty-two of the General Laws.

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

Approved March 2, 1936.

An Act authorizing the town of wakefield to pension (7/ia7).103

FRANK H. ROBINSON.

Be it enacted, etc., as follows:

Section 1. For the purpose of promoting the pubhc
good and in consideration of his long and meritorious serv-
ice, the town of Wakefield may retire Frank H. Robinson,
who served the town faithfully for over thirty-six years in
its police department and is now permanently disabled for
further performance of duty, on an annual pension, payable
monthly, equal to one half of the salary received by him
during the last year of his active service.

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

Approved March 2, 1936.

116 Acts, 1936. — Chaps. 104, 105.

Chap. 104: An Act relative to statements of presidential prefer-
ence OF VOTERS AT THE CURRENT PARTY PRIMARIES.

pr'^ambie!^ W^ergfls, 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. In addition to the matter now required by
law, the state secretary shall cause to be placed on the official
ballot for use in the party primaries to be held the current
year, the following: —

PRESIDENTIAL PREFERENCE.

To express your individual preference for the person to be
nominated as the (name of political party) candidate for
president of the United States, insert the name of such per-
son in the blank space below.

My preference for (name of political party) candidate for
president of the United States is

Section 2. Such statements of voters of presidential
preference shall be counted, tabulated and entered in the
records of election officers of votes cast.

Approved March 2, 19S6.

Chap.105 An Act authorizing the county of Bristol to pension

LENA A. KEEFE.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Bristol may retire Lena A. Keefe, for forty-three years an
employee in the registry of deeds for the Fall River district
of said county and for seven years an assistant register of
deeds for said district, on an annual pension equal to one
half the annual salary paid her at the time of her retirement,
payable by said county in equal monthly installments.

Section 2. This act shall take effect upon its acceptance,
during the current year, by the county commissioners of
said county. Approved March 2, 19S6.

Acts, 1936. — Chaps. 106, 107. 117

An Act authorizing the county of Hampshire to pension nhnr) 106

LUCY C. McCLOUD. ^'

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Hampshire may retire Lucy C. McCloud, for thirty-seven
years an employee in the registry of deeds and for twenty-
seven years an assistant register of deeds for said county,
on an annual pension of six hundred dollars, payable by
said county in equal monthly installments.

Section 2. This act shall take effect upon its acceptance,
during the current year, by the county commissioners of
said county. Approved March 2, 1936.

An Act relative to the control and use of the waters
of plug pond in the city of haverhill.

Be it enacted, etc., as follows:

Section 1. The powers and duties granted to and im-
posed upon the city of Haverhill by chapter three hundred
and forty-eight of the acts of eighteen hundred and ninety-
one, and by chapter four hundred and seventeen of the acts
of eighteen hundred and ninety-two, as amended by chapter
four hundred and thirty-three of the acts of eighteen hun-
dred and ninety-six, and amendments thereto, in so far as
such powers and duties relate to the use of the waters of
Plug pond, sometimes called Lake Saltonstall, shall be
exercised by the municipal council of said city and land
owned by said city within the water shed of said pond shall
be maintained, improved and controlled by said municipal
council in such manner as they shall deem for the best
interests of the said city.

Section 2. Said municipal council may temporarily
abandon the use of the waters of said pond for a source of
public water supply, if in its judgment said waters are not
necessary therefor, and said council shall, in such event and
during the time of such abandonment, maintain said waters
for use by the public for bathing, boating and other recrea-
tional purposes.

Section 3. This act shall take effect upon its acceptance,
at any time prior to January first, nineteen hundred and
forty, by vote of the municipal council of said city, subject
to the provisions of its charter.

Approved March 2, 1986.

Chap.107

118 Acts, 1936. — Chaps. 108, 109, 110.

Chap. lOS An Act exempting grandparents and grandchildren

OF CERTAIN POOR PERSONS FROM LIABILITY FOR THEIR
SUPPORT.

Be it enacted, etc., as follows:

G- L- (Ter Chapter one hundred and seventeen of the General Laws

amended.' ' is hereby amended by striking out section six, as appearing

in the Tercentenary Edition, and inserting in place thereof
Support of the following : — Section 6. The kindred of such poor per-
by^kindred!^ sons, in the line or degree of father, mother and children, by

consanguinity, living in the commonwealth, and of sufficient

ability, shall be bound to support such poor persons in

proportion to their respective ability.

Approved March 5, 1936.

Chap. 109 An Act relative to real estate holdings by the Suffolk

SAVINGS BANK FOR SEAMEN AND OTHERS.

Be it enacted, etc., as follows:

Section 1. Section one of chapter fifty of the acts of
nineteen hundred and twenty-nine is hereby amended by
striking out, in the eighth line, the words "conduct of a
branch office or offices" and inserting in place thereof the
words : — convenient transaction of its business, — so as to
read as follows : — Section 1 . The Suffolk Savings Bank
for Seamen and Others, incorporated by chapter seventy-
three of the acts of eighteen hundred and thirty-three, may,
subject to the approval of the commissioner of banks, invest
a sum not exceeding three hundred and fifty thousand dol-
lars, in addition to any sums heretofore authorized, in land
and buildings in the city of Boston to be used in whole or in
part for the convenient transaction of its business.

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

Approved March 7, 1936.

Chap.llO An Act further providing for removing or placing
underground certain wires and electrical appli-
ances IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and one
of the acts of nineteen hundred and thirty-one is hereby
amended by striking out, in the fourth line, the word "thirty-
six" and inserting in place thereof the word: — forty-one, —
so as to read as follows : — Section 1 . In the month of
January in the year nineteen hundred and thirty-two, and
in said month in each year thereafter, to and including the
year nineteen hundred and forty-one, the fire commissioner
of the city of Boston shall prescribe and give public notice
thereof in at least two daily newspapers in said city, by ad-

Acts, 1936. — Chap. 111. 119

vertisement therein, twice a week for two weeks in succes-
sion, of not more than four miles of streets in said city in
any one year, from which poles shall be removed and the
wires buried underground, except such poles and wires as
are excepted in chapter three hundred and sixty-four of the
acts of nineteen hundred and eleven.

Section 2. Section two of said chapter one hundred and
one is hereby amended by striking out, in the seventh line,
the word "thirty-six" and inserting in place thereof the
word : — forty-one, — so as to read as follows : — Section 2.
The powers conferred and the duties imposed upon the officer
mentioned in said chapter three hundred and sixty-four, and
other acts mentioned in said chapter, are hereby extended
and said powers shall be exercised and said duties performed
by said fire commissioner in each of the years nineteen
hundred and thirty-two to nineteen hundred and forty-one,
inclusive.

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

Approved March 7, 1936.

An Act relative to the inspection, and regulating the Chav. Ill

INSTALLATION AND USE, OF ELECTRIC CONDUCTORS AND
appliances in BUILDINGS IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section two of chapter two hundred and
sixty-eight of the acts of eighteen hundred and ninety-eight
is hereby amended by inserting after the word "The" in
the first line the following: — fire commissioner, successor
to the, — by inserting a comma after the word "wires" in
the same line, — and by adding at the end thereof the follow-
ing: — If any such conductors or appliances are installed in
a building and the electric current is transmitted or turned
on to the same in violation of such rules and regulations, the
fire commissioner may cause the electric current to be shut
off. An electric current so caused to be shut off shall not
thereafter be transmitted or turned on to such conductors
or appliances until the same are inspected, and permission
to turn the electric current on thereto is given, by said fire
commissioner, — so as to read as follows : — Section 2. The
fire commissioner, successor to the commissioner of wires,
shall be deemed the sole judge of what constitutes proper
insulation and the safe installation of electric conductors and
appliances within buildings, and is hereby authorized to make
such rules and regulations as he may deem necessary to make
such conductors and appliances as safe as possible. If any
such conductors or appliances are installed in a building and
the electric current is transmitted or turned on to the same
in violation of such rules and regulations, the fire commis-
sioner may cause the electric current to be shut off. An
electric current so caused to be shut off shall not thereafter
be transmitted or turned on to such conductors or appliances

120 Acts, 1936. — Chap. 112.

until the same are inspected, and permission to turn the

electric current on thereto is given, by said fire commissioner.

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

Approved March 7, 19S6.

Chap.\\2 An Act authorizing the town of Arlington to sell and

CONVEY CERTAIN PARK LAND OWNED BY IT.

Be it enacted, etc., as follows:

Section 1. The town of Arlington may sell and convey
the whole or any part of each of the parcels of land herein-
after described, held for park purposes and no longer needed
for public use.

The parcels hereinbefore referred to are two certain parcels
of land situated in said town, shown on a plan entitled "Town
of Arlington, Mass. Plan Showing Park Land Proposed To
Be Transferred Scale 1" = 40' Jan. 7, 1936 James M.Keane
Town Engineer", which are bounded and described as fol-
lows : — Parcel 1 . — Beginning at a point in the northeasterly
side line of Chestnut street distant, measured on said side
line, eighteen and twenty-five one hundredths feet south-
easterly from the southeasterly side line of Cemetery street;
thence running northeasterly one hundred forty-two and
ninety-seven one hundredths feet to a point in the said
southeasterly side line of Cemetery street distant, measured
on said side line, one hundred fifty-two and twenty-one
one hundredths feet northeasterly from the said side line of
Chestnut street at other land of said town held for park pur-
poses; thence running southeasterly on said other land of
said town fifteen and five one hundredths feet to land of
Mary W. Byrne; and thence running southwesterly on said
land of Mary W. Byrne one hundred fifty-one and five one
hundredths feet to the point of beginning; containing nine
hundred and thirty-three square feet: all as shown on said
plan. Parcel 2. — Southeasterly, nearly southerly, by the
northwesterly side line of Medford street ten feet more or
less; southwesterly, nearly westerly, by land of Marjorie E.
Shea one hundred and fifty-nine feet more or less; northerly
by other land of said town held for park purposes ten feet
more or less; and northeasterly, nearly easterly, by said
other land of said town on a line parallel with and distant
ten feet northeasterly, nearly easterly, from the northeasterly
boundary line of said land of Marjorie E. Shea one hundred
and fifty-five feet; containing fifteen hundred and seventy
square feet more or less: all as shown on said plan.

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

Approved March 7, 1936.

Acts, 1936. — Chaps. 113, 114, 115. 121

An Act authorizing the city council of the city of Chap. 113

BROCKTON TO REMOVE MEMBERS OF THE BOARD OF ASSES-
SORS OF SAID CITY FOR CAUSE.

Be it enacted, etc., as follows:

Section 1. Section seventeen of chapter one hundred and
ninety-two of the acts of eighteen hundred and eighty-one
is hereby amended by inserting after the word "towns" in
the thirteenth line the following new sentence: — The city
council by concurrent vote may remove members of said
board from office at any time for cause.

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

Approved March 7, 1936.

An Act authorizing the school committee of the city QJidj) \\4.

of CAMBRIDGE TO APPROPRIATE MONEY FOR THE PAYMENT ^'

OF CERTAIN SCHOOL EXPENSES INCURRED DURING THE
YEAR NINETEEN HUNDRED AND THIRTY-FOUR.

Be it enacted, etc., as follows:

Section 1. The school committee of the city of Cam-
bridge is hereby authorized to appropriate in the year nine-
teen hundred and thirty-six the sum of thirty-seven thousand
one hundred tw^enty-one dollars and thirty-three cents for
the payment of certain school expenses, including salaries,
as shown on a schedule now on file with the auditor of said
city, such expenses having been incurred during the year
nineteen hundred and thirty-four and remaining unpaid.

The aforesaid sum shall be included in the tax levy of said
city for the year nineteen hundred and thirty-six and shall
be in addition to any amounts which said school committee
is authorized, under the provisions of chapter one hundred
and eighty-four of the acts of nineteen hundred and twenty-
six, to appropriate for the year nineteen hundred and thirty-
six.

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

Approved March 7, 1936.

An Act requiring the treatment of infants' eyes with Chav. lib

A PROPHYLACTIC REMEDY AT TIME OF BIRTH.

Be it enacted, etc., as follows:

Chapter one hundred and eleven of the General Laws is g. l. (Ter.
hereby amended by inserting after section one hundred and ne^^^gecVii^n
nine, as appearing in the Tercentenary Edition, the follow- io9A, added,
ing new section: — Section 109 A. The physician, or hospi- Eyes of in-
tal medical officer registered under section nine of chapter [seated! ^^
one hundred and twelve, if any, personally attending the
birth of a child shall treat his eyes within two hours after

122

Acts, 1936. — Chaps. 116, 117.

birth with a prophylactic remedy furnished or approved by
the department. Whoever violates this section shall be pun-
ished by a fine of not more than one hundred dollars.

Approved March 7, 1936.

a. L. (Ter.
Ed.), 53, § 3,
amended.

Acceptance of
nomination.

C hap. IIQ An Act relative to the nomination of candidates at

CITY AND TOWN PRIMARIES.

Be it enacted, etc., as follows:

Section 1. Chapter fifty-three of the General Laws is
hereby amended by striking out section three, as appearing
in the Tercentenary Edition, and inserting in place thereof
the following : — Section 3. A person whose name is not
printed on a state, city or town primary ballot as a candidate
for an office but who receives sufficient votes to nominate
him therefor, shall file a written acceptance of the nomina-
tion in the office of the state secretary or the city or town
clerk, as the case may be, before the last hour for filing certifi-
cates of nomination for such office, otherwise his name shall
not be printed on the ballot as a candidate for that office at
the ensuing election.

Section 2. Section fifty-five of said chapter fifty-three,
as so appearing, is hereby amended by adding at the end
thereof the following new paragraph : —

The provisions of section fifty-three A relative to filing
objections to nominations at state primaries and to the with-
drawal of names from nomination shall apply in the case of
nominations at city or town primaries, except that such ob-
jections or withdrawals shall be filed with the city or town
clerk. Approved March 7, 1936.

G. L. (Ter.
Ed.), 53, § 55,
amended.

Objections to
nominations
at city or town
primaries.

Chap. 117 An Act authorizing the director of the commercial

MOTOR vehicle DIVISION IN THE DEPARTMENT OF PUBLIC
UTILITIES TO SUMMON WITNESSES, ADMINISTER OATHS AND
TAKE TESTIMONY.

G. L. (Ter.
Ed.), 25,
new section
12G, added.

Director may
summon wit-
nesses, etc.

Be it enacted, etc., as follows:

Chapter twenty-five of the General Laws is hereby
amended by inserting after section twelve F, inserted by
section one of chapter four hundred and five of the acts of
nineteen hundred and thirty-five, the following new section:
— Section 12G. In all investigations and inquiries author-
ized by law to be made by the director of the commercial
motor vehicle division, and in all proceedings before him,
he may summon witnesses, administer oaths and take testi-
mony. The provisions of section five A relative to fees of
witnesses in proceedings before the department shall apply
to witnesses summoned under this section.

Approved March 7, 1936.

Acts, 1936. — Chaps. 118, 119. 123

An Act relative to assessment of taxes upon the fail- nhnvy 1 18

URE OF assessors TO ACT. ^'

Be it enacted, etc., as follows:

Section 1. Chapter forty-one of the General Laws is g. l. (Ter.
hereby amended by striking out section twenty-seven, as amended.* ^^'
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 27. If assessors, or Assessors, ap-
selectmen acting as such, shall fail to perform their duties, commTsti'oner
the commissioner of corporations and taxation may appoint of corporations
three or more persons to be assessors for such town, who ^"
shall be sworn, shall hold office until the offices of assessors
are filled by the town, and shall receive from the town com-
pensation as assessors.

Section 2. Section twenty-seven of chapter fifty-nine g. l. (Ter.
of the General Laws, as so appearing, is hereby amended by Amended.* ^^'
striking out, in the second fine, the words "county commis-
sioners" and inserting in place thereof the word: — com-
missioner, — so as to read as follows : — Section 27. If Same
assessors neglect to assess a state, county, city, town or dis- ^" ^^'^
trict tax required by law, the commissioner shall forthwith
appoint other persons in accordance with section twenty-
seven of chapter forty-one.

Section 3. This act shall take effect July first, nineteen Effective
hundred and thirty-six. Approved March 7, 1936. '^^*^-

An Act relative to the impairment of the capital of QJiap \\Q
credit unions.

Be it enacted, etc., as follows:

Chapter one hundred and seventy-one of the General Laws g. l. (Ter.
is hereby amended by inserting after section twenty, as ne^^ sec^tlon
appearing in the Tercentenary Edition, the following new 2oa, added,
section : — Section 20 A . Whenever in the opinion of the impairment
commissioner the losses and bad debts of a credit union are °^ capital.
of such an amount as seriously to impair its capital, he may
require that such credit union deduct from each share ac-
count therein a specified percentage thereof, sufficient in the
aggregate to correct the impaired condition, and set up the
amounts so deducted in a reserve account for the general
purposes of the credit union. Following receipt of written
notice of such a requirement from the commissioner and
until such deductions have been made, such credit union
shall not accept receipts for, or allow withdrawals from, share
or deposit accounts, transfer any shares to deposits or offset
any loans against shares. Approved March 7, 1936.

124 Acts, 1936. — Chaps. 120, 121, 122.

Chap. 120 An Act authorizing the county of essex to pension

J. MARK KLIPPEL.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Essex may retire J. Mark KHppel, for twenty-two years an
employee in the jail and house of correction of said county,
on an annual pension at a rate equal to one half the rate of
his regular annual compensation at the time of his retire-
ment, payable in equal monthly installments.

Section 2. This act shall take effect upon its accept-
ance, during the current year, by the county commissioners
of said county. Approved March 7, 1936.

Chap.\2\ An Act authorizing the boston Norwegian Lutheran
church to sell its church building.

Be it enacted, etc., as follows:

Section 1. The Boston Norwegian Lutheran Church
may sell its present church building and the land upon
which it is located and may use the proceeds of such sale
for the purpose of constructing or purchasing another church
building; provided, that such sale is authorized by vote of
a majority of its members authorized to vote who are pres-
ent and vote on the question at a meeting duly called for the
purpose.

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

Approved March 10, 1986.

Chap. 122 An Act establishing the salary of the mayor of the

CITY OF LEOMINSTER.

Be it enacted, etc., as follows:

Section 1. Section twelve of chapter three hundred and
thirty-eight of the Special Acts of nineteen hundred and
fifteen is hereby amended by striking out, in the third line,
the word "one" and inserting in place thereof the word: —
three, — so as to read as follows: — Section 12. The mayor
shall receive for his services such salary as the city council
shall by ordinance determine, not exceeding three thousand
dollars a year, and he shall receive no other compensation
from the city. His salary shall not be increased or dimin-
ished during the term for which he is elected. The council
may by a two thirds vote of all its members, taken by call
of the yeas and nays, establish a salary?- for its members, not
exceeding five hundred dollars each a year. Such salary
may be reduced, but no increase therein shall be made to
take effect during the year in which the increase is voted.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Leominster at the
municipal election in said city in the current year in the
form of the following question which shall be placed upon

Acts, 1936. — Chaps. 123, 124. 125

the official ballot to be used at said election: — "Shall an
act passed by the general court in the year nineteen hun-
dred and thirty-six, entitled 'An Act establishing the salary
of the Mayor of the City of Leominster', 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 March 10, 1936.

An Act relative to the powers of the beth israel C/iap.l23

HOSPITAL ASSOCIATION OF BOSTON.

Be it enacted, etc., as follows:

Section 1. The Beth Israel Hospital Association of Bos-
ton, a corporation organized under general laws, may at
meetings duly called for the purpose adopt by-laws regulat-
ing the custody, investment and management of the whole
or any part of its funds or property heretofore or hereafter
received by it by gift, bequest or devise, to be devoted by
said corporation to the purposes for which it is or may be
incorporated, and may provide that any or all of such by-
laws shall not be subject to amendment so as to affect the
custody, management or investment of such property or
the application of the income or proceeds thereof; provided,
that such by-laws shall not affect, change or hmit the pur-
poses to which such property is directed to be devoted by
the testator or donor of such property.

Section 2. An addition to or change of the purposes of
said corporation shall not affect the application of any gift,
devise or bequest made to said corporation prior to the
making of such addition or change, or of the proceeds of
such gift, devise or bequest, if by the terms of any by-law
theretofore adopted by said corporation, the application of
such gift, devise or bequest is limited to the purpose for
which said corporation was organized at the time of the
receipt of such gift, devise or bequest.

Approved March 10, 1936.

An Act establishing a municipal golf course and rec- Qhav 124

REATION CENTER AT MOUNT HOOD MEMORIAL PARK AND
GOLF COURSE IN THE CITY OF MELROSE.

Be it enacted, etc., as follows:

Section 1. The city of Melrose, acting through its board
of park commissioners, or its successors, hereinafter called
the board, may use the property, however acquired, com- .
prising the public park in said city known as Mount Hood
Memorial Park and Golf Course, for the purpose of estab-
lishing and maintaining thereon a public golf course and
recreation center, and may install and construct on said
property such equipment and buildings for shelters, the
sale of refreshments and other purposes conducive to its
beneficial use as a pubhc golf course and recreation center

126 Acts, 1936. — Chap. 124.

as may be necessary, and may charge fees for the use of
said course, and of such recreational facihties as may be
estabHshed in connection therewith, and for admission
thereto.

Section 2. Said pubhc golf course and recreation center
shall be under the exclusive care, management and control
of the board, which shall make such rules and regulations,
not inconsistent with law, in relation to the use and man-
agement thereof as it shall deem necessary or expedient.
The board may let concessions and privileges at said public
golf course and recreation center and may permit the sale
thereat of refreshments or the sale or rental of such other
articles as it may determine, upon such terms and condi-
tions and at such rent as the board may deem proper.

Section 3. All moneys received by the board, in the
exercise of its functions in relation to said golf course and
recreation center, from fees, charges, rentals or income of
any nature whatsoever shall be paid into the city treasury
and shall be kept in a separate account. Appropriations
may be made from time to time from said account by the
board of aldermen, upon recommendation by the board and
subject to the approval of the mayor, for expenditure only
for the development, maintenance and operation of said
golf course and recreation center.

Section 4. The superintendent of parks in said city shall,
under the direction of the board, collect all fees, charges and
rentals hereinbefore provided for, and shall deposit the same
with the city treasurer on the day following receipt thereof.
Said superintendent shall keep accounts of the same in such
manner as may be prescribed by the city auditor. He shall
give bond to the city for the faithful performance of his du-
ties under this act, said bond to be in a sum and form and
with sureties to the satisfaction of the board and subject to
the approval of the mayor.

Section 5. 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 rea-
sonable and proper; provided, that the whole amount of
their compensation shall not exceed the sum appropriated
therefor by the board of aldermen. The appointment and
removal of such assistants shall be exempt from the provi-
sions of chapter thirty-one of the General Laws, and the
rules and regulations made thereunder. The powers and
duties given to and imposed upon the board in relation to
said public golf course and recreation center by this act,
except as expressly provided therein, shall 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 6. This act shall take full effect upon its ac-
ceptance during the current year by vote of the board of
aldermen of the city of Melrose, subject to the provisions
of its charter, but not otherwise.

Approved March 10, 1936.

Acts, 1936. — Chaps. 125, 126, 127. 127

An Act requiring that certain contracts on account QJi^j) J25

OF STATE PENAL AND REFORMATORY INSTITUTIONS BE ^'

MADE BY THE COMMISSIONER OF CORRECTION.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-five of the General Edt/JsTng,
Laws is hereby amended by striking out section forty-nine, amended.'
as appearing in the Tercentenary Edition, and inserting
in place thereof the following: — Section 49- All con- Prison
tracts on account of the state prison, Massachusetts reform- <=°"*''^<^*^-
atory, reformatory for women, state prison colony and state
farm, except those required to be made by the state pur-
chasing agent, shall be made by the commissioner in writing.
The commissioner and his successors in office may sue or be
sued upon any contract made in accordance with this chap-
ter. No such suit shall abate by reason of said office
becoming vacant, but the successor of the commissioner,
pending such suit, may, and, upon motion of the adverse
party and notice, shall, prosecute or defend it.

Approved March 10, 1936.

An Act authorizing the st. john baptist mutual benefit C/iap.l26

ASSOCIATION OF SALEM TO GRANT EXTENDED TERM AND
PAID-UP INSURANCE AND CASH WITHDRAWAL EQUITIES.

Be it enacted, etc., as follows:

St. John Baptist Mutual Benefit Association of Salem,
a fraternal benefit society incorporated under general law,
may, subject to the provisions of section sixteen of chapter
one hundred and seventy-six of the General Laws, grant
such extended term and paid-up insurance, and cash with-
drawal equities to its members as its constitution and by-
laws may provide, and shall, while it continues to grant
such benefits, be subject to the provisions of section thirty-
nine of said chapter one hundred and seventy-six; provided,
that said corporation provides for stated periodical contri-
butions sufficient to meet the mortuary obligations valued
as provided by section forty-five of said chapter one hun-
dred and seventy-six. Approved March 10, 1936.

An Act permitting the town of ludlow to abate and (JJkxt) 127

REFUND assessments MADE ON ACCOUNT OF THE CON-
STRUCTION OF "LITTLE CANADA SEWER EXTENSION".

Be it enacted, etc., as follows:

Section 1. The town of Ludlow may abate all assess-
ments made in the year nineteen hundred and thirty-one on
account of the construction of "Little Canada Sewer Ex-
tension", so called, and the town treasurer of said town is
hereby authorized to refund all of said assessments which
have been paid.

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

Approved March 11, 1936.

128

Acts, 1936. — Chaps. 128, 129.

Chap. 128 An Act clarifying the law providing a standard form

OF REPRESENTATIVE TOWN MEETING GOVERNMENT, WITH
RESPECT TO THE TOTAL NUMBER OF TOWN MEETING MEM-
BERS REQUIRED.

Emergency
preamble.

G. L. (Ter.
Ed.), 43A,
amended.

§4.

Total num-
ber of town
meeting
members.

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 four of chapter forty-three A of the General Laws,
as appearing in the Tercentenary Edition, is hereby amended
by inserting after the word "total" in the seventh line the
word : — elected, — so that the j&rst paragraph will read as
follows : — Other than the officers designated in the by-laws
of the town 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 thereof in the approximate pro-
portion which the number of registered voters therein bears
to the total number of registered voters in the town, and
which will cause the total elected membership to be as nearly
two hundred and forty as may be.

Approved March 11, 1936.

Chap. 12^ An Act permitting the making of certain emergency

REPAIRS ON MOTOR VEHICLES, AND THE TOWING THEREOF
ON THE lord's DAY.

Emergency
preamble.

G. L. (Ter.
Ed.), 136, § 6,
etc., amended.

Certain work
in connection
with motor
vehicles per-
mitted on the
Lord's day.

Be it enacted, etc., as follows:

The third paragraph of section six of chapter one hundred
and thirty-six of the General Laws, as most recently amended
by section six of chapter three hundred and seventy-three
of the acts of nineteen hundred and thirty-four, is hereby
further amended by inserting after the word "aircraft" in
the tenth line the words : — ; the making of such emergency
repairs on disabled motor vehicles as may be necessary to
permit such vehicles to be towed or to proceed under their
own power, and the towing of disabled motor vehicles, —
so as to read as follows : — Nor shall it prohibit work law-
fully done by persons working under permits granted under
section nine; the sale by licensed innholders and common
victuallers of meals such as are usually served by them, con-
sisting in no part of alcoholic beverages, as so defined, which
meals are cooked on the premises but are not to be consumed
thereon; the operation of motor vehicles; the sale of gaso-

Acts, 1936. — Chap. 130. 129

line and oil for use, and the retail sale of accessories for im-
mediate necessary use, in connection with the operation of
motor vehicles, motor boats and aircraft; the making of such
emergency repairs on disabled motor vehicles as may be
necessary to permit such vehicles to be towed or to proceed
under their own power, and the towing of disabled motor
vehicles; the letting of horses and carriages or of boats;
unpaid work on pleasure boats; the running of steam ferry
boats on established routes; the running of street railway
cars; the running of steamboat lines and trains or of steam-
boats, if authorized under section nineteen.

Approved March 11, 1936.

An Act relative to the disposition of prisoners com- QhavAZO

MITTED OR REMOVED TO STATE HOSPITALS.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-three of the General Sjl"- '^Jo®'"-
Laws is hereby amended by striking out section one hun- §'165. amended,
dred and five, as appearing in the Tercentenary Edition,
and inserting in place thereof the following: — Section 105. Reconveyance
When, in the opinion of the superintendent of the state prisoners to
hospital to which a prisoner has been committed or re- >iist»t^tioii8.
moved under section one hundred, one hundred and three
or one hundred and four, or of the commissioner and the
medical director appointed under section forty-eight of
chapter one hundred and twenty-five in case of commit-
ment or removal to the Bridgewater state hospital, the
mental condition of the prisoner is such that he should be
returned to custody or to the penal institution from which
he was taken, he or they shall so certify upon the warrant
or commitment, and notice, accompanied by a written state-
ment regarding the mental condition of the prisoner, shall
be given to the proper custodian or to the warden, super-
intendent, keeper or master, as the case may be, of such
penal institution, who shall thereupon cause the prisoner
to be reconveyed to such custodian, or to such penal insti-
tution, there to remain pursuant to the original sentence if
committed or removed under section one hundred and three
or one hundred and four, computing the time of his deten-
tion or confinement in the said hospital as part of the term
of his imprisonment under such sentence; provided, that
a prisoner committed or removed to a state hospital under
section one hundred, one hundred and three or one hundred
and four for his proper care or observation pending the de-
termination of his insanity shall, unless found to be insane
as hereinafter provided, be returned in the manner herein-
before provided to the penal institution or custody whence
so taken, not later than thirty-five days thereafter, but such
prisoner shall in all other respects be subject to the provi-
sions of this section. If a prisoner committed as insane
under section one hundred, who has not been restored to

130 Acts, 1936. — Chap. 130.

sanity, is returned as aforesaid because in the opinion of the
superintendent, or of the commissioner and said medical
director, as the case may be, neither the pubhc interest
nor the welfare of the prisoner will be promoted by his
further retention in the hospital, he or they shall so certify
upon the warrant or commitment and shall append thereto
a report relative to the prisoner's mental condition as affect-
ing his criminal responsibility and the advisability of his
discharge or temporary release from the penal institution
or custody to which he is returned. If a prisoner, com-
mitted or removed under section one hundred, one hundred
and three or one hundred and four for his proper care or
observation as aforesaid, is found by the superintendent
or by the commissioner and said medical director, as the
case may be, to be insane, the finding shall be certified upon
the warrant or commitment, and the commissioner and
superintendent of the institution, or said medical director, as
the case may be, shall report the prisoner's mental condi-
tion to the court or judge issuing the warrant or commit-
ment, or in case of the death, resignation or removal of the
judge, to his successor in office, or in case of the absence or
disability of the judge, to any judge or special justice of the
same court, with the recommendation that the prisoner be
committed as an insane person. The court, judge or jus-
tice may thereupon commit the prisoner to an institution
for the insane, if, in the opinion of the court, judge or jus-
tice, such commitment is necessary. The provisions of this
section relative to the return to custody or to a penal insti-
tution of a prisoner taken therefrom under section one
hundred, one hundred and three or one hundred and four,
shall apply, so far as apt, to a prisoner committed under
this section.

If a prisoner under complaint or indictment is committed
in accordance with section one hundred, and such com-
plaint or indictment is dismissed or nol prossed, or if a pris-
oner is committed in accordance with sections one hundred
and three or one hundred and four, and his sentence has
expired, the superintendent of the institution to which
commitment was made or said medical director in case of
commitment to the Bridgewater state hospital, as the case
may be, may permit such prisoner temporarily to leave
such institution in accordance with sections eighty-eight
and ninety. The word "prisoner" as used in this section
shall include all persons committed under section one hun-
dred, whether or not in custody when so committed; and
in construing this section a maximum and minimum sen-
tence shall be held to have expired at the end of the mini-
mum term, and an indeterminate sentence, at the end of
the maximum period fixed by law.

Approved March 11, 1936.

Acts, 1936. — Chap. 131. 131

An Act providing for biennial municipal elections in Chav. ISl

THE city of LEOMINSTER.

Be it enacted, etc., as follows:

Section 1. Beginning with the year nineteen hundred
and thirty-seven, municipal elections in the city of Leomin-
ster for the choice of mayor, members of the city council
and members of the school committee shall be held bienni-
ally on the Tuesday next following the first Monday in No-
vember in each odd-numbered year.

Section 2. At the municipal election to be held in said
city in December in the year nineteen hundred and thirty-
six, the members of the city council elected from wards
shall be elected to serve for one year from the first Monday
in January following their election and until their successors
are qualified. At the biennial municipal election to be held
in said city in nineteen hundred and thirty-seven and at
every biennial municipal election thereafter, the mayor and
all members of the city council shall be elected to serve for
two years from the first Monday in January following their
election and until their successors are qualified.

Section 3. On the first Monday in January following a
biennial municipal election in said city, or on the day fol-
lowing when said first Monday is a hojiday, at ten o'clock in
the forenoon, the mayor-elect and the councillors-elect shall
meet and be sworn to the faithful discharge of their duties.
The oath shall be administered as provided in section sev-
enteen of chapter forty-three of the General Laws.

Section 4. Members of the school committee of said
city elected in the year nineteen hundred and thirty-five
shall continue to hold office until the qualification of their
successors who shall be elected at the biennial municipal
election in the year nineteen hundred and thirty-nine.
Members of said school committee to be elected in the
year nineteen hundred and thirty-six shall be elected to
serve for three years, and those to be elected in the year
nineteen hundred and thirty-seven shall be elected to serve
for four years, from the first Monday in January following
their election and until their successors are qualified. At
the biennial municipal election in the year nineteen hundred
and thirty-nine there shall be elected four members of the
school committee, one to serve for two years and three to
serve for four years from the first Monday in January
following their election and until their successors are quali-
fied, and thereafter at every biennial municipal election
three members of the school committee shall be elected to
serve for four years from the first Monday in January fol-
lowing their election and until their successors are qualified.
Vacancies in the school committee shall be filled as pro-
vided in section thirty-six of chapter forty-three of the
General Laws.

132

Acts, 1936. — Chap. 132.

Section 5. This act shall be submitted to the voters of
the city of Leominster 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 elec-
tion:— "Shall an act passed by the general court in the
year nineteen hundred and thirty-six, entitled 'An Act pro-
viding for biennial municipal elections in the city of Leom-
inster', be accepted?" If a majority of the voters voting
thereon vote in the affirmative in answer to said question,
then this act shall take full effect in said city, but not
otherwise. Approved March 11, 1936.

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

Towns, etc.,
may appro-
priate money
for veterans'
monuments,
etc.

Chav.lS2 An Act granting to persons who served the common-
wealth IN THE STATE GUARD IN TIME OF WAR AND TO
THE MASSACHUSETTS STATE GUARD VETERANS CERTAIN
PRIVILEGES GRANTED TO CERTAIN OTHER WAR VETERANS*
ORGANIZATIONS.

Be it enacted, etc., as follows:

Section 1. Section five of chapter forty of the General
Laws is hereby amended by striking out clause (12), as most
recently amended by section two of chapter two hundred
and forty-five of the acts of nineteen hundred and thirty-
three, and inserting in place thereof the following: — (12)
For erecting headstones or other monuments at the graves
of persons who served in the war of the revolution, the war
of eighteen hundred and twelve, the Seminole war, the Mexi-
can war, the war of the rebellion or the Indian wars or who
served in the military or naval service of the United States
in the Spanish American war or in the World war, or who
served in the military service of the commonwealth in time
of war; for acquiring land by purchase or by eminent
domain under chapter seventy-nine, purchasing, erecting,
equipping or dedicating buildings, or constructing or dedi-
cating other suitable memorials, for the purpose of properly
commemorating the services and sacrifices of persons who
served as aforesaid; for the decoration of the graves, monu-
ments or other memorials of soldiers, sailors and marines
who served in the army, navy or marine corps of the United
States in time of war or insurrection and the proper observ-
ance of Memorial Day and other patriotic holidays under
the auspices of the following: — local posts of the Grand
Army of the Republic, United Spanish War Veterans, The
American Legion, Veterans of Foreign Wars of the United
States and Jewish War Veterans of the United States, local
chapters of the Disabled American Veterans of the World
War, local units of the Massachusetts State Guard Veterans,
Kearsarge Association of Naval Veterans, Inc., local garri-
sons of the Army and Navy Union of the United States of
America, local chapters of the Massachusetts Society of the
Sons of the American Revolution, local detachments of the
Marine Corps League, and local camps of the Sons of Union

Acts, 1936. — Chap. 132. 133

Veterans of the Civil War or local tents of The Daughters of
Union Veterans of the Civil War in the case of a town in
which there is no post of the Grand Army of the Republic;
or for keeping in repair graves, monuments or other memo-
rials erected to the memory of such persons or of the fire-
men and policemen of the town who died from injuries
received in the performance of their duties in the fire or
police service or for decorating the graves of such firemen
and policemen or for other memorial observances in their
honor. Money appropriated in honor of such firemen may
be paid over to, and expended for such purposes by, any
veteran firemen's association or similar organization.

Section 2. Section one hundred and five of chapter g. l. (Xer.
forty-one of the General Laws, as appearing in the Ter- amended ^^^'
centenary Edition, is hereby amended by inserting after the
word "war", in the fourth line, the words: — or persons
who have rendered military service for the commonwealth
in time of war, — so as to read as follows: — Section 105. '^^^^^^f^.
Towns which accept gifts or bequests or appropriate money moriais.
for the purpose of properly commemorating the services and '^"^^'^^ °^'
sacrifices of the soldiers, sailors and marines who have served
the country in war or persons who have rendered military
service for the commonwealth in time of war may provide
for a board of trustees to have charge and control of the
construction of any such memorial, and to have the cus-
tody and care thereof after its construction. In cities the
board shall consist of the mayor, and five members ap-
pointed by him and approved by the council, two of whom
shall not be veterans of any war; two members shall be
appointed for one year, two for two years, and one for three
years, and as the term of each member expires, a successor
shall be appointed for three years. Any vacancy shall be
filled in the same manner for the unexpired term. In towns
the said board shall consist of the chairman of the board of
selectmen, and five members elected by the town in the
same manner as other town officers, two of whom shall not
be veterans of any war; two members shall be elected for
one year, two for two years and one for three years, and as
the term of each member expires, a successor shall be elected
for three years; but until such board is elected, the select-
men may appoint a temporary board to serve until the next
annual town meeting. Any vacancy occurring in the town
board shall be filled for the unexpired term by the remain-
ing members. Such boards may make such rules and regu-
lations relative to the use of said memorials as they deem
necessary. Approved March 11, 1936.

134

Acts, 1936. — Chaps. 133, 134.

Chap. 133 An Act authorizing co-operative banks to include in

THEIR RESERVES CERTAIN OBLIGATIONS OF THE UNITED
STATES AND STOCK OF OR DEPOSITS IN THE FEDERAL
HOME LOAN BANK FOR THE NEW ENGLAND DISTRICT.

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

Fees for
examination
and audit.

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
most recently amended by chapter seventy-five of the acts
of nineteen hundred and thirty-five, and inserting in place
thereof the following : — Section 1^1. Every such corpora-
tion shall establish and at all times maintain, as a reserve
to meet withdrawals of shares and applications for share
loans, an amount equal to not less than three per cent of
its total resources. Such reserve shall consist of any or all
of the following: (a) cash on hand; (6) balances payable
on demand due from any trust company incorporated in
this commonwealth or national banking association having
its principal place of business within this commonwealth;

(d) such bonds of the Home Owners' Loan Corporation,
created by the act of Congress known as the Home Owners'
Loan Act of nineteen hundred and thirty-three, as are
guaranteed both as to principal and interest by the United
States; (e) bonds and notes of this commonwealth; (/) de-
posits in The Co-operative Central Bank in accordance
with chapter forty-five of the acts of nineteen hundred and
thirty-two; or {g) stock of or deposits in the Federal Home
Loan Bank established for the district of New England. 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 11, 1936.

Chav. 134: An Act changing the date as of which the true value

OF CORPORATE FRANCHISES SHALL ANNUALLY BE ESTI-
MATED FOR PURPOSES OF TAXATION.

G. L. (Ter.
Ed.). 63, § 55,
amended.

Valuation
of corporate
franchises.

Be it enacted, etc., as follows:

Section fifty-five of chapter sixty-three of the General
Laws, as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the fifth hne, the word "April"
and inserting in place thereof the word : — January, — so
that the first paragraph will read as follows : — The com-
missioner shall ascertain from the returns or otherwise the
true market value of the shares of each corporation required
to make a return under section fifty-three or fifty-four,
and shall estimate therefrom the fair cash value of all the
shares constituting its capital stock on January first pre-

Acts, 1936. — Chaps. 135, 136. 135

ceding, which, unless by the charter of a corporation a dif-
ferent method of ascertaining such value is provided, shall,
for the purposes of this chapter, be taken as the true value
of its corporate franchise. From such value there shall be
made the following deductions:

Approved March 11, 1936.

Chap. 135

An Act relative to the filling of vacancies in the

CITY COUNCIL in CITIES HAVING A PLAN A FORM OF CHAR-
TER.

Be it enacted, etc., as follows:

Chapter forty-three of the General Laws is hereby g. l. (Ter.
amended by inserting after section fifty, as appearing in ne^wgec^tion
the Tercentenary Edition, the following new section : — ^oa, added.
Section 50 A. Vacancies in the city council shall be filled Vacancies
by the rernaining members thereof for the remainder of the councu.
unexpired term. Approved March 12, 1936.

An Act regulating the number of licenses in small QJidy i Qg

TOWNS FOR the SALE OF ALCOHOLIC BEVERAGES TO BE
CONSUMED ON THE PREMISES.

Whereas, The deferred operation of this act would tend ^r'^ambiT^
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 seventeen of chapter one hundred and thirty- g. l. (Ter.
eight of the General Laws, as most recently amended by ftcilamendecL"
section fifteen of chapter four hundred and forty of the acts
of nineteen hundred and thirty-five, is hereby further
amended by striking out, in the fourteenth and fifteenth
lines, the words "may grant two licenses under section
twelve and also two licenses under section fifteen, irrespec-
tive of population" and inserting in place thereof the words:
— , irrespective of its population, may grant not more than
four licenses in the aggregate under sections twelve and
fifteen, but in no such case shall they grant more than
three licenses under section twelve or more than two li-
censes under section fifteen, — so that the first paragraph
will read as follows : — Except as otherwise provided in this Number of li-
chapter, the number of licenses granted by the local licens- g^aT
ing authorities in any city or town under sections twelve
and fifteen shall not exceed in the aggregate one for each
population unit of one thousand or fraction thereof; pro-
vided, that within said aggregate number the licensing au-
thorities may grant three licenses under section fifteen in
any city or town having a population of five thousand or
more but not exceeding fifteen thousand and may grant
not more than one license thereunder for each population
unit of five thousand or fraction thereof in any city or town

censes in

136 Acts, 1936. — Chap. 137.

having a population of more than fifteen thousand; and
provided, further, that the hcensing authorities in any
town, irrespective of its population, may grant not more
than four licenses in the aggregate under sections twelve
and fifteen, but in no such case shall they grant more than
three licenses under section twelve or more than two licenses
under section fifteen; and provided, further, that in the
city of Boston licenses under section twelve may be granted
up to a total number not exceeding one thousand and
licenses under section fifteen up to a total number not ex-
ceeding three hundred and fifty; and provided, further, that
in any city or town which has an increased resident popu-
lation during the summer months, the local licensing author-
ities may make an estimate prior to April first in any year
of such temporary resident population as of July tenth fol-
lowing, a copy of which estimate shall be transmitted forth-
with to the commission, 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 thou-
sand or additional fraction thereof of such population as so
estimated, and one additional license under section fifteen,
to be effective from April first to November thirtieth only,
may be granted for each unit of five thousand or additional
fraction thereof of such population as so estimated; and
provided, further, that said authorities may grant in addi-
tion and irrespective of any limitation of number of licenses
contained in this section seasonal licenses under section
twelve to duly incorporated clubs in their city or town if
deemed by them to be in the public interest.

Approved March 14, 1936.

Chap. 1S7 An Act relating to liens for assessments or other

CHARGES ON REAL ESTATE TAKEN BY RIGHT OF EMINENT
DOMAIN.

Emergency Whereas, The deferred operation of this act would tend

pream e. ^^ defeat its purposc, therefore it is hereby declared to be
an emergency law, necessary for the immediate preserva-
tion of the public convenience.

Be it enacted, etc., as follows:

G. L. (Ter. Scctiou forty-four A of chapter seventy-nine of the Gen-

amended cral Laws, inserted therein by chapter one hundred and

eighty-nine of the acts of nineteen hundred and thirty-five,

is hereby amended by striking out in the third line the

words "assessed under chapter fifty-nine" and inserting in

place thereof the words : — , assessments or other charges,

— and by inserting after the word "taxes" in the thirteenth

line the words : — , assessments or other charges, — so as

Tax liens to read as follows : — Section 44 A . If real estate taken in

esta^e'^taken wholc or in part by eminent domain was at the time of said

domSL"^°* taking subject to any lien for taxes, assessments or other

charges, which is extinguished by such taking, and if the

Acts, 1936. — Chap. 138. 137

collector of taxes of the town in which such real estate is
located gives written notice of a claim of the amount cov-
ered 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 judg-
ment therefor, said collector shall be entitled to be paid
such amount before any payment of damages for such tak-
ing is made to any other party; and any amount so payable
on account of such taxes, assessments or other charges shall
be deducted from the amount of such damages otherwise
payable. Approved March 14, 1936.

An Act abolishing the open season on deer in dukes Qhnr) IQC

COUNTY. ^'

Be it enacted, etc., as follows:

Section 1. Section one hundred and nine of chapter one g. l. (Ter.
hundred and thirty-one of the General Laws, as most re- f 109/etc'.,
cently amended by section one of chapter twenty-one of amended,
the acts of the current year, is hereby further amended by
inserting after the word "counties" in the fourth line the
words : — except Dukes, — so as to read as follows : — Sec- Open season
tion 109. Subject to the restrictions and provisions herein- °^ ^^^'
after contained, any person duly authorized to hunt in the
commonwealth may hunt a deer, by the use of a shotgun
or bow and arrow, in all counties except Dukes, 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 Saturday, and in any or all
of the counties of Berkshire, Franklin, Hampden and Hamp-
shire, 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 Sat-
urday. No person shall, except as provided in the preced-
ing section, kill more than one deer. No deer shall be
hunted on land posted in accordance with section one hun-
dred and twenty-three, or on land under control of the
metropolitan district commission, or in any state reserva-
tion subject to section one hundred and fourteen except as
provided therein. No person shall make, set or use any
trap, torch light or jack light, salt lick or other device for
the purpose of ensnaring, enticing, taking, injuring or kill-
ing a deer. No person shall use or carry on his person an
arrow adapted for hunting purposes unless it is plainly
marked with his name and permanent address. Whoever
wounds or kills a deer shall, within forty-eight hours there-
after, send to the director a written report, signed by him,

138

Acts, 1936. — Chap. 139.

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

Hunting with
firearms or

of the facts relative to the wounding or kihing. 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 two of said chapter twenty-one, is
hereby further amended by inserting after the word " county "
in the second line the words: — except Dukes, — so as to
read as follows: — Section 112. No person shall in any
dogs'. 'reg^ated couuty except Dukes between one half hour before sunrise
on the first Monday in December and one half hour after
sunset on the following Saturday, or, in Berkshire, Franklin,
Hampshire or Hampden county, between one half hour be-
fore sunrise on the second Monday in December and one
half hour after sunset on the following Saturday, if such
additional period for hunting deer is authorized in such
county under section one hundred and nine, hunt a bird or
mammal with a rifle, revolver or pistol or by the aid of a
dog, or have in his possession, or under his control, in any
wood or field, a rifle, revolver or pistol, or a dog adapted to
the hunting or pursuing of birds or mammals, or, while in
pursuit of birds or mammals, have in his possession, or un-
der his control, on any highway, any such firearm or dog.

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

Approved March 14, 1936.

credit unions.

C/iaj). 139 An Act relative to the liquidation of credit unions.

Be it enacted, etc., as follows:

Ed^'/?M29 Section twenty-nine of chapter one hundred and seventy-
amended.' ' one of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by striking out the first para-
Liquidation of graph and inserting in place thereof the following : — At any
regular or special meeting, if proper notice of the purpose
has been given, the members, upon recommendation of not
less than two thirds of the board of directors, may, by a
two thirds vote of those present and entitled to vote, vote
to liquidate the credit union. A committee of three mem-
bers shall thereupon be elected for the purpose of conserv-
ing and liquidating the assets, under the direction of the
commissioner. Any vacancy in the membership of the com-
mittee shall be filled by the remaining members thereof.
The committee, in the name of the credit union, may prose-
cute and defend all suits and other legal proceedings and
may execute all deeds and other instruments necessary to
effectuate any sale of real or personal property or any com-
promise authorized by the committee; and any instrument
so executed shall be valid and effectual to the same extent as
though executed by the officers of the credit union by au-
thority of its board of directors or of its members. After
the credit union has voted to liquidate, no receipts shall be
accepted for, or withdrawals be allowed from, its share or

Acts, 1936. —Chaps. 140, 141. 139

deposit accounts and no shares shall be transferred to de-
posits. No loans shall be offset against shares except as
approved by the committee. After the payment of all debts
and deposits, all holders of claims arising out of the owner-
ship of shares, including persons who have not received pay-
ment for shares after requesting the withdrawal thereof,
shall be entitled to the remaining assets in liquidation in
proportion to their respective interests therein. The charter
of a credit union in process of liquidation shall become void
except for the purpose of discharging existing obligations
and liabilities. Approved March I4, 1936.

An Act relative to the time for filing nomination Cfidjj 140

PAPERS for candidates TO BE VOTED FOR AT CITY AND ^'
TOWN PRIMARIES.

Be it enacted, etc., as follows:

Section sixty-one of chapter fifty-three of the General Ed^'sJ^SRi
Laws, as appearing in the Tercentenary Edition, is hereby amended.
amended by striking out, in the third line, the word "ten"
and inserting in place thereof the word : — twenty, — so as
to read as follows : — Section 61 . All nomination papers of ^^"Trs '^fiu"
candidates to be voted for at city or town primaries shall certification
be filed with the city or town clerk not less than twenty °^' ®*'^'
week days previous to the day on which the primary is to
be held for which the nominations are made. Every such
nomination paper shall be submitted at or before five
o'clock in the afternoon of the Friday preceding the day
on which it must be filed to the registrars of the city or
town where the signers appear to be voters, and the regis-
trars shall check each name to be certified by them on the
nomination paper and shall forthwith certify thereon the
number of signatures so checked which are names of voters
both in the city or town and in the district for which the
nomination is made, and only names so checked shall be
deemed to be names of qualified voters for the purposes of
nomination. The registrars need not certify a greater num-
ber of names than are required to make a nomination, in-
creased by one fifth thereof. Names not certified in the
first instance shall not thereafter be certified on the same
nomination papers. The city or town clerk shall not be
required, in any case, to receive nomination papers for a
candidate after receiving papers containing a sufficient num-
ber of certified names to make a nomination, increased by
one fifth thereof. Approved March I4, 1936.

An Act further regulating the city government of C/iai). 141

THE CITY OF SPRINGFIELD.

Be it enacted, etc., as follows:

Section 1. In the city of Springfield, upon the death,
resignation or absence of the mayor, or his inability to per-
form the duties of his office, the president of the board of

140 Acts, 1936. —Chap. 141.

aldermen shall perform them, or, if the president of the
board of aldermen is absent or unable from any cause to
perform such duties, they shall be performed by the presi-
dent of the common council, or, if he is absent or unable to
perform such duties, by such alderman as the board of
aldermen may from time to time elect, until the mayor or
the president of the board of aldermen or the president of
the common council, as the case may be, is able to attend
to said duties or until the vacancy is filled, as provided in
chapter ninety-four of the acts of eighteen hundred and
fifty-two, as amended. The person upon whom such duties
devolve shall be called "acting mayor" and shall possess
the powers of mayor only in matters not admitting of delay,
and shall not make permanent appointments.

Section 2. The board of aldermen of said city shall con-
sist of a qualified voter of each ward, elected at large by the
qualified voters of the city, voting in their respective pre-
cincts. Each alderman shall be a resident at the time of
his election of the ward from which he is elected.

Section 3. The common council of said city shall con-
sist of eighteen members apportioned among the several
wards according to the provisions of its charter, who shall
be elected by and from the qualified voters of the wards to
which they are respectively so apportioned, and shall be
residents at the time of their respective elections of the wards
from which they are elected.

Section 4. The school committee of said city shall con-
sist of the mayor, ex officio, and nine other persons, one to
be elected from the qualified voters of the city at large and
one from the qualified voters of each of the several wards
and all to be elected at large by the qualified voters of the
city, voting in their respective precincts. The member
elected at large shall be a resident of the city, and each
member elected from a ward, a resident of such ward, at
the time of his election.

Section 5. A person elected to fill a vacancy in the board
of aldermen, common council or school committee of said
city shall have the same qualifications as to voting and resi-
dence as are required by this act in case of any original elec-
tion thereto.

Section 6. The mayor-elect, aldermen-elect and com-
mon councilmen-elect of said city shall assemble together
at ten o'clock in the forenoon on the first Monday of Janu-
ary next succeeding their election, except that when said
first Monday falls on a legal holiday they shall so assemble
at the same hour on the following day, and shall then be
sworn to the faithful discharge of their duties and proceed
to organize as required by said chapter ninety-four, as
amended.

Section 7. Such provisions of said chapter ninety-four,
and acts in amendment thereof and in addition thereto, as
are inconsistent with any provision of this act are hereby
repealed; provided, that nothing in this act shall be deemed

Acts, 1936. — Chaps. 142, 143. 141

to affect either the terms of office of the aldermen, common
councilmen and school committeemen of the city of Spring-
field in office upon its effective date, or, except as expressly
hereinbefore provided, the manner of election of such officers.

Approved March 14, 1936.

An Act placing under the civil service laws the office (Jfidj) 142

OF CHIEF OF POLICE OF THE CITY OF BEVERLY. ^'

Be it enacted, etc., as follows:

Section 1. The office of chief of police of the city of
Beverly shall, upon the effective date of this act, become
subject to the civil service laws and rules and regulations
relating to permanent members of police departments of
cities, and the term of office of an}^ incumbent of said office
shall be unlimited, subject, however, to such laws; provided,
that the present incumbent of said office may continue to
serve therein without taking a civil service examination.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Beverly at the state
election in the current year in the form of the following
question which shall be placed upon the official ballot to be
used in said city at said election: "Shall an act of the gen-
eral court passed in the current year, entitled 'An Act plac-
ing under the Civil Service Laws the Office of Chief of Police
of the City of Beverly', 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 14, 1936.

An Act relative to the eligibility' requirements fob (jfiQ'Y) 143
directors, officers and employees of trust com- ^'

PANIES, AND authorizing CERTAIN PRESIDENTS OF SAV-
INGS BANKS TO CONTINUE TO ACT AS PRESIDENTS OF
BANKING COMPANIES.

Be it enacted, etc., as follows:

Section 1. Section fourteen of chapter one hundred g^^.^CTer
and seventy-two of the General Laws, as most recently etc!, amended.'
amended by chapter forty of the acts of nineteen hundred
and thirty-five, is hereby further amended by inserting
after the word "Company" in the fourteenth line the words:
— , banking company, — so as to read as follows : — Sec- Eligibility re-
tion 14. Every director shall be the bona fide owner in his c^ruinofficlM.
own right of shares of capital stock of such corporation etc., of trust
having a par value in the aggregate of not less than one ''°"p^'"®^-
thousand dollars. From and after January first, nineteen
hundred and thirty-five, no director, officer or employee
of any such corporation shall be at the same time a direc-
tor, 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,

142

Acts, 1936. — Chap. 143.

Relative to
eligibility
requirements
of certain offi-
cers, etc., of
savings banks.

mutual savings bank, co-operative bank, corporation li-
censed 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, banking company or credit union, or a member
of a partnership so organized which engages in such busi-
ness 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 corpo-
ration from being at the same time an officer, director or
employee of another such corporation or national banking
association, if, in such case, there is in force a permit there-
for issued by the commissioner, who is hereby authorized
to issue such permit if, in his judgment, it is not incom-
patible with the public interest, and to revoke any such
permit whenever he finds, after reasonable notice and op-
portunity 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 appointment 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 com-
monwealth.

Each director, when appointed or elected, shall take an
oath that he will, so far as the duty devolves on him, faith-
fully 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 hypoth-
ecated 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.

Section 2. Section five of chapter one hundred and
sixty-eight of the General Laws shall not be construed to
prohibit any president of a savings bank or institution for
savings incorporated as such in the commonwealth who,
on January first in the current year, was president of any
corporation eligible under section one of chapter one hun-
dred and seventy-two A of the General Laws, inserted
therein by section four of chapter four hundred and fifty-
two of the acts of nineteen hundred and thirty-five, to be
authorized to do the business of a banking company under
Raid chapter one hundred and seventy-two A, from con-
tinuing to hold office as president of such corporation,
whether or not authorized to do such business.

Approved March 16, 19S6.

Acts, 1936. — Chaps. 144, 145. 143

An Act providing for the relief of the communities Chap. 14:4:

OF THE stricken FLOOD AREAS.

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

Be it enacted, etc., as follows:

Section 1. To provide for the payment of military and
other emergency expenses in safeguarding the lives and
preserving the health and safety of the inhabitants in the
areas of the commonwealth damaged by floods, the sum of
seven hundred and fifty thousand dollars is hereby appro-
priated from the Highway Fund, subject to the provisions
of law regulating the disbursement of such funds and the
approval thereof. All activities hereunder shall be carried
on under the direction of a board consisting of the adjutant
general, the commissioner of public health, the commissioner
of public welfare and the commissioner of public safety.

Section 2. The facilities and services of all depart-
ments and agencies of the commonwealth shall be made
available to the said board to such extent as he may require,
and all expenses incurred on the call of the said board by
said departments and agencies shall be paid from the ap-
propriation made by section one. In carrying out the pro-
visions of this act, the said board shall co-operate with all
federal agencies and with all local and civic organizations
engaged in relief work in the flooded area in such manner
as he deems best. All activities under this act shall be so
co-ordinated by the said board as to avoid duplication of
work and needless expenditure of money and to expedite
relief in the flooded area. Approved March 21, 1936.

An Act relative to the making of further contractual Chap. 145

provision for the care and maintenance at the HAMP-
SHIRE COUNTY sanatorium OF RESIDENTS OF THE TUBER-
CULOSIS HOSPITAL DISTRICTS OF THE COUNTIES OF HAMPDEN,
BERKSHIRE AND FRANKLIN SUFFERING FROM TUBERCULOSIS.

Be it enacted, etc., as follows:

Section 1. A contract, entered into before October first,
nineteen hundred and thirty-six, between the tuberculosis
hospital districts of the counties of Berkshire and Frank-
lin, acting by the county commissioners of the respective
counties, and the tuberculosis hospital district of the county
of Hampshire, acting by the county commissioners of said
county, providing for the care and treatment of the tubercu-
lar patients of the two first named districts in the tuber-
culosis hospital of the last named district for a period not
exceeding three years, if submitted prior to July first, nine-
teen hundred and thirty-six, to the department of public

144 Acts, 1936. — Chap. 146.

health for its approval and approved by it prior to such
date, shall be deemed satisfactory compliance with section
seventy-eight of chapter one hundred and eleven of the
General Laws by the two first named districts, and such
contract shall, subject to the approval of said department,
be renewable upon terms satisfactory to the contracting
parties; provided, that if such contract or any renewal
thereof is not renewed, upon terms approved by said de-
partment, at least three months before it expires, or if the
contract or any renewal thereof is renewed and said depart-
ment shall refuse approval on the ground that by reason of
changed circumstances it will be inadequate properly to
protect the public health of the communities affected by
it, and the contracting parties fail, within three months
before the time when the previous contract or renewal
thereof expires, to agree to a renewal upon terms approved
by said department, the duties and obligations relative to
supplying adequate hospital care for the tuberculosis hos-
pital districts of the two first named counties imposed upon
their county commissioners by sections seventy-eight to
ninety, inclusive, of said chapter one hundred and eleven
shall be in full force and effect.

Section 2. A contract, entered into before October first,
nineteen hundred and thirty-six, between the tuberculosis
hospital district of the county of Hampden, acting by its
county commissioners, and the tuberculosis hospital district
of the county of Hampshire, acting by its county commis-
sioners, providing for the care and treatment of the tuber-
cular patients of the first named district in the tuberculosis
hospital of the last named district until such time as the
department of public health shall determine that the tuber-
cular patients of the tuberculosis hospital district of the
county of Hampden can be accommodated at the Westfield
state sanatorium, if submitted prior to July first, nineteen
hundred and thirty-six, to the department of public health
for its approval and approved by it prior to such date, shall
be deemed satisfactory compliance with said section seventy-
eight of said chapter one hundred and eleven by the last
named district.

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

Approved March 23, 1936.

Chap. 14:6 An Act relative to liens upon real estate for taxes

OR OTHER CHARGES ADDED TO TAX TITLE ACCOUNTS.

^r^ambie"^ TF/iereas, 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. Scctiou thirty-seveu of chapter sixty of the General Laws,

^toi! amended, as most recently amended by chapter two hundred and

Acts, 1936. — Chap. 146. 145

sixty-nine of the acts of nineteen hundred and thirty-five,
is hereby further amended by inserting after the word "Hen"
in the fifteenth fine the words: — and also the hen or hens
for any subsequent taxes or charges which have been added
to the tax title account under authority of section sixty-one,
— by inserting after the word "hen" in the twenty-ninth
hne the words : — or liens, — and by striking out, in the
same line, the word "has" and inserting in place thereof
the word : — have, — so as to read as follows : — Section 37. \l^^^^^
Taxes assessed upon land, including those assessed under real estate,
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 pro-
vided in section sixty-one, such lien shall terminate at the
expiration of two years from October first in said year, if
the estate has in the meantime been alienated and the in-
strument alienating 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 and also the lien or liens for any
subsequent taxes or charges which have been added to the
tax title account under authority of section sixty-one shall
continue for ninety days after a surrender and discharge
under section forty-six or a release, notice or disclaimer un-
der 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 juris-
diction, 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, sub-
ject, 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 de-
mand therefor, may, with said charges and fees, be levied
by sale of the real estate, if the lien or liens thereon have not
terminated. No tax title shall be held to be invahd by reason
of any errors or irregularities in the proceedings of the col-
lector which are neither substantial nor misleading.

Approved March 23, 1936.

146 Acts, 1936. — Chaps. 147, 148.

Chap. 147 An Act relative to the location of the beach and

BATH HOUSE TO BE CONSTRUCTED NEAR OLD COLONY
PARKWAY AT SAVIN HILL IN THE DORCHESTER DISTRICT
OF BOSTON.

Emergency Wkereas, 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 preservation

of the public convenience.

Be it enacted, etc., as follows:

Section one of chapter four hundred and twenty-two of
the acts of nineteen hundred and thirty-five is hereby
amended by striking out all after the word "on" in the ninth
line and inserting in place thereof the words : — such por-
tion of said land as it may determine, — so as to read as
follows : — Section 1 . The metropolitan district commission
is hereby authorized and directed to improve for park pur-
poses the land owned by the commonwealth and located
on the easterly and westerly sides of Old Colony parkway
between Savin Hill and Freeport street in the Dorchester
district of the city of Boston, by grading, loaming, seeding
and planting said land and by doing all such other work
thereon as the commission deems desirable, and to construct
a beach and public bath house on such portion of said land
as it may determine. Approved March 23, 1936.

Chap. 14:8 An Act extending the time within which a judicial

DECREE MAY BE RENDERED RELATIVE TO THE TRANSFER
OF THE TAGGART FUND, SO CALLED, TO THE TOWN OF
BLANDFORD.

Be it enacted, etc., as follows:

Section 1. Section two of chapter one hundred and
twenty-four of the acts of nineteen hundred and thirty-five
is hereby amended by striking out, in the fourth line, the
words "one year" and inserting in place thereof the words:
— two years, — so as to read as follows : — Section 2. The
power hereby granted shall be exercised only in conformity
with such a decree, if any, of the supreme judicial court,
sitting in equity for the county of Hampden, as may be
entered within two years after the passage of this act.

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

Approved March 23, 1936.

Acts, 1936. —Chap. 149. 147

An Act extending the term of the mutual savings (Jhnr) 149

CENTRAL FUND, INC., AND ENLARGING ITS POWERS AND ^'

DUTIES.

Whereas, The deferred operation of this act would tend Emergency

to defeat its purpose, therefore it is hereby declared to be
an emergency law, necessary for the immediate preserva-
tion of the public convenience.

Be it enacted, etc., as follows:

Section 1. Section one of chapter forty-four 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 as to read as fol-
lows : — Section 1 . All the savings banks established under
the laws of the commonwealth and subject to the provisions
of chapter one hundred and sixty-eight of the General Laws,
hereinafter referred to as member banks, are hereby con-
stituted a corporation for the term of ten years, under the
name of the Mutual Savings Central Fund, Inc., hereinafter
referred to as the corporation. It shall be the purpose of
the corporation to assist such member banks, when they are
temporarily in need of cash or hold investments which can-
not readily be liquidated, by making loans to them or any
of them secured by the pledge of mortgages or other securi-
ties legally held by such member banks. Any savings bank
hereafter established during said term under the authority
of said chapter one hundred and sixty-eight shall upon its
organization become a member bank.

Section 2. Chapter forty-three of the acts of nineteen
hundred and thirty-four is hereby amended by inserting
after section three the following new section: — Section SA.
Whenever it shall appear to the commissioner that it is
inadvisable or inexpedient for any member bank to continue
to transact the business for which it is organized he may, in
his discretion, so notify the corporation, and upon the receipt
of such notice the corporation, if in the judgment of its
board of directors such action may reduce the risk or avert
a threatened loss to the corporation, may, with the approval
of the commissioner, purchase the whole or any part of the
assets from said bank to effect the purposes of this act on
such terms and conditions, and at book or such other values
as the said directors, with the approval of the commissioner,
may determine.

Section 3. Section four of said chapter forty-three is
hereby amended by striking out, in the third, fourth and
fifth lines, the following : — , or that it is unsafe and inex-
pedient for it to continue to transact such business, — so
as to read as follows: — Section 4. Whenever it shall appear
to the commissioner that any member bank is in an unsound
or unsafe condition to transact the business for which it is
organized he may so certify to the corporation, and upon

preamble.

148 Acts, 1936. — Chap. 150.

receipt of such certificate the corporation shall, by notice in
writing to the commissioner and to the bank, take possession
and control forthwith of the property and business of such
bank and shall operate such bank, subject to such rules and
regulations as the commissioner may prescribe, until the
bank shall resume business or until its affairs shall finally
be liquidated. The corporation may, while thus carrying
on such business, pay to such bank out of the Deposit
Insurance Fund such sums as the corporation's directors
deem necessary for the protection of the bank's depositors,
and may order the same to be repaid when no longer required
for that purpose, or may purchase assets from said bank to
effect the purposes of this act on such terms and conditions
and at such valuations as the directors, with the approval
of the commissioner, may determine.

Section 4. Said chapter forty-three is hereby further
amended by inserting after section eight the following new
section : — Section 8 A . A director of the corporation shall in
no event be individually liable for anything done or for any
liabihty incurred or assumed by virtue of this act, except
for his own wilful neglect or default, nor shall any member
bank be subject to any liability by virtue of this act except
for its assessments to the fund.

Approved March 23, 1936.

Chap. 150 -^N Act extending the time for filing certain nomina-
tion PAPERS FOR CURRENT PARTY PRIMARIES.

Emergency Whercas, 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:

All nomination papers of candidates to be voted for at
the current party primaries received by mail shall be deemed
to be filed within the time required by section forty-eight
of chapter fifty-three of the General Laws, as amended by
section fifteen of chapter three hundred and ten of the acts
of nineteen hundred and thirty-two; provided, that said
papers are mailed not later than March twenty-third in the
current year, as shown by the postmark or otherwise; and
provided, further, that said papers are filed with the state
secretary not later than five o'clock in the afternoon of
March twenty-sixth of the current year.

Approved March 23, 1936.

preamble.

Acts, 1936. — Chaps. 151, 152. 149

An Act giving preference in employment in the classi- Chap. 151

FIED LABOR SERVICE OF CITIES AND TOWNS TO PERSONS
WITH ACTUAL DEPENDENTS.

Whereas, The deferred operation of this act would tend Emergency

• 1 !• • • 1 1 11 1 i 1- 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:

Chapter three hundred and sixteen of the acts of nineteen
hundred and thirty-one, as most recently amended by chap-
ter two hundred and forty-three of the acts of nineteen hun-
dred and thirty-four, is hereby further amended by striking
out, in the second line, the word "thirty-five" and inserting
in place thereof the word : — thirty-eight, — by striking out,
in the fourth and fifth lines, the words "the commonwealth
or of", — and by inserting after the word "persons", in the
eighth line, the word : — actually, — so as to read as fol-
lows : — Until May fifteenth in the year nineteen hundred
and thirty-eight, the commissioner of civil service, on re-
ceipt of a requisition from the head of any department,
board or commission of a city or town for temporary laborers
in the classified labor service, shall, in certifying eligible ap-
plicants for positions in said service, give preference to per-
sons so eligible who have one or more persons actually
dependent upon them for support; provided, that in giving
such preference veterans having such dependents shall be
preferred over other persons so eligible for employment and
having such dependents. Employment under this act shall
not be continued beyond the period named in the requisition,
which period shall not exceed three months. No re-em-
ployment or further employment shall be allowed at the
end of such period, except by consent of the commissioner.

Approved March 23, 1936.

An Act authorizing the city of boston to provide for QJku) 152
the reappointment to similar positions without civil
service examination of certain former employees.

Be it enacted, etc., as follows:

Section 1. Section five of chapter four hundred and
eighty-six of the acts of nineteen hundred and nine, as most
recently amended by section one of chapter two hundred
and twenty-seven of the acts of nineteen hundred and thirty-
four, is hereby further amended by inserting after the word
"boards" in the thirteenth line the following new sen-
tence : — Such an ordinance may provide that all of the
employees of any department or division thereof thereby
abolished who are subject to civil service shall be reappointed
to similar positions with similar status in any new depart-
ment or division thereof thereby established or in any other
department or division thereof, without civil service exami-

150 Acts, 1936. — Chap. 153.

nation or registration and that such employees shall, upon
reappointment as may be provided in such ordinance, retain
all rights to retirement with pension that shall have accrued
or would thereafter accrue to them, and that their services
shall be deemed to have been continuous, to the same ex-
tent as if such abolition had not taken place, — so as to
read as follows : — Section 5. Except as otherwise provided
in this act, the organization, powers and duties of the execu-
tive departments of the city shall remain as constituted at
the time when this section takes effect; but the mayor and
city council at any time may by ordinance reorganize, con-
solidate or abolish, in whole or in part, departments whether
created on or before or subsequent to the first Monday of
February in the year nineteen hundred and ten, including
the transit department; transfer the duties, powers and ap-
propriations of one department to another in whole or in
part; and establish new departments; and may increase,
reduce, establish or abolish salaries of heads of departments,
or members of boards. Such an ordinance may provide that
all of the employees of any department or division thereof
thereby abolished who are subject to civil service shall be
reappointed to similar positions with similar status in any
new department or division thereof thereby established or
in any other department or division thereof, without civil
service examination or registration and that such employees
shall, upon reappointment as may be provided in such ordi-
nance, retain all rights to retirement with pension that shall
have accrued or would thereafter accrue to them, and that
their services shall be deemed to have been continuous, to
the same extent as if such abolition had not taken place.
Nothing in this act shall authorize the abolition or the tak-
ing away of any of the powers or duties as established by
law of the school committee, the board of commissioners of
school buildings, the department of school buildings, the
election department or any department in charge of an
official or officials appointed by the governor.

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

Approved March 23, 1936.

C hap. 15S An Act authorizing the city of boston to convey a

CERTAIN PARCEL OF PARK LAND TO PROVIDE A DRIVEWAY
FOR CERTAIN PROPERTY ADJOINING SAID LAND.

Be it enacted, etc., as follows:

Section 1. The city of Boston is hereby authorized to
convey to Sarah Shapira such portion of certain park land
located on Washington street in the Dorchester district of
said city as it may deem necessary for the construction of
a suitable driveway on the property of said Sarah Shapira,
adjoining said park land and formerly owned by Adolph
Hirshman.

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

Approved March 23, 1936.

Acts, 1936. — Chaps. 154, 155. 151

An Act authorizing the commissioner of labor and (Jhnj) 154

INDUSTRIES to SUSPEND UNTIL APRIL FIRST, NINETEEN ^'

HUNDRED AND THIRTY-SEVEN, THE SIX o'CLOCK LAW, SO
CALLED, RELATING TO THE HOURS OF EMPLOYMENT OF
WOMEN IN THE TEXTILE INDUSTRY.

Whe7-eas, The deferred operation of this act would tend Emergency
to defeat its purpose, therefore it is hereby declared to be p'®*^""
an emergency law, necessary for the immediate preserva-
tion of the public health, safety and convenience.

Be it enacted, etc., as follows:

Chapter three hundred and forty-seven of the acts of
nineteen hundred and thirty-three is hereby amended by
striking out section one, as amended by chapter four hun-
dred and twenty-nine of the acts of nineteen hundred and
thirty-five, and inserting in place thereof the following new
section: — Section 1. The commissioner of labor and indus-
tries is hereby authorized, in conformity with Article XX of
Part the First of the Constitution of the Commonwealth,
to suspend, until April first, nineteen hundred and thirty-
seven, subject to such restrictions and conditions as the said
commissioner may prescribe, so much of section fifty-nine
of chapter one hundred and forty-nine of the General Laws,
as amended, as prohibits the employment of women in the
manufacture of textile goods after six o'clock in the eve-
ning; and, during the time of such suspension, those parts
of said section fifty-nine which are so suspended shall be
inoperative and of no effect. Approved March 23, 1936.

An Act authorizing the disposal to the co-operative Qhn^ 155

CENTRAL BANK OF ASSETS IN BANKS BEING LIQUIDATED ^'

BY THE SHARE INSURANCE FUND.

Be it enacted, etc., as follows:

Chapter seventy-three of the acts of nineteen hundred
and thirty-four is hereby amended by striking out section
six and inserting in place thereof the following : — Section 6.
The corporation, with the approval of the commissioner,
may and at the request of the commissioner shall, at any
time after it has taken over the control, possession and opera-
tion of any member bank under section four, discontinue
the business of such bank and proceed to liquidate its affairs.
The corporation shall in such event pay to the shareholders
of such bank the full amount of their shares at the date of
the discontinuance of the business of the bank with interest
from the last dividend date to the date of discontinuance
at such rate, not exceeding three per cent per annum, as the
directors of the corporation shall determine, such payments
to be made within five years from such discontinuance and
at such times and in such instalments as the said directors
with the approval of the commissioner shall determine. For

152 Acts, 1936. — Chap. 155.

such purpose the corporation shall use, in addition to the
assets of the bank, such sums as may be required from the
Share Insurance Fund. In case of hquidation the corpora-
tion shall be subject to such orders, rules and regulations
as may be prescribed from time to time by the commis-
sioner. The corporation shall collect all debts due and
claims belonging to such bank, and with the approval of
the commissioner may sell or compound all bad or doubtful
debts, and with like approval may sell all or any part of
the real or personal property or other assets of the bank
on such terms and conditions and at such valuation as the
directors shall determine and to effect the purposes of this
act the corporation may itself be the purchaser at any or
all such sales. To execute and perform the powers and
duties conferred upon the corporation, it may in the name
of any such bank prosecute and defend all suits and other
legal proceedings and may in the name of the bank execute,
acknowledge and deliver all deeds, assignments, leases and
other instruments necessary and proper to effectuate any
sale of real or personal property or other assets or any com-
promise approved by the commissioner, and any deed or
other instrument executed pursuant to the authority hereby
given shall be valid and effectual for all purposes to the same
extent as though executed by the officers of the bank by
authority of its board of directors. The compensation of
employees, counsel, and other assistants employed by the
directors of the corporation to liquidate the affairs of any
member bank under this section, and all expenses incurred
in connection with the liquidation of any such bank, shall
be fixed, subject to the control of the commissioner, by the
directors of the corporation. The officers of the corpora-
tion and any other persons employed by its directors to
liquidate the affairs of any member bank under this section
shall give bond to the directors of the corporation for the
faithful performance of their duties in relation to such liqui-
dation in such amount and with such surety or sureties as
the commissioner may approve. The persons appointed for
the purpose of liquidating the affairs of any such bank shall
be subject to all the penalties to which agents appointed by
the commissioner for the purpose of liquidating the affairs
of a bank are now or may hereafter be subject. All accounts
for which no claimant can be found after six years following
the discontinuance of the business of any such bank shall,
if no other provisions to care for said claim have been made,
be turned over to the state treasurer and be held by him
subject to be reclaimed in the manner provided in section
forty-three of chapter one hundred and sixty-eight of the
General Laws. Approved March 23, 1936.

Acts, 1936. — Chaps. 156, 157, 158. 153

An Act relative to statements in local tax bills or Chav.l^Q

NOTICES OF THE TIME LIMIT FOR FILING APPLICATIONS
FOR ABATEMENT OR EXEMPTIONS.

Be it enacted, etc., as follows:

Section three A of chapter sixty of the General Laws, g. l. (Ter.
inserted therein by section one of chapter one hundred and amended.* ^^'
thirty-six of the acts of nineteen hundred and thirty-four,
is hereby amended by striking out, in the fifth hne, the word
"December" and inserting in place thereof the word: —
October, — so as to read as follows: — Section 3 A. Every Taxbui,
tax bill or notice shall be in a form approved by the commis- ^°^^ °^'
sioner and shall state that applications for abatement or
exemptions, on forms so approved, must be filed with the
assessors, in case of original assessments, on or before
October first of the year to which the tax relates, or, in case
of an assessment under section seventy-five of chapter fifty-
nine or a reassessment under section seventy-seven of said
chapter, within six months after the sending of the bill or
notice therefor. Approved March 23, 1936.

An Act authorizing the city of boston to pay a certain (Jfiaj) 157

SUM of money to DANIEL F. MCCARTHY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral obli-
gation, the city of Boston is hereby authorized to pay to
Daniel F. McCarthy, of Boston, a sum of money not ex-
ceeding fourteen hundred dollars as a refund of the fee paid
by said McCarthy for a retail package store liquor license,
so called, no right, power or privilege under said license
having been exercised by said McCarthy.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the city council of said
city, approved by the mayor. Approved March 23, 1936.

An Act penalizing the taking by certain persons of (JJidj) 158

FISH by the otter TRAWL METHOD FROM A CERTAIN AREA
IN VINEYARD AND NANTUCKET SOUNDS.

Be it enacted, etc., as follows:

Whoever, not being an inhabitant of this commonwealth,
takes, attempts to take or assists in taking fish by the otter
trawl method from so much of the waters of Vineyard and
Nantucket sounds as lies between a line connecting Gay
Head and Cuttyhunk lights and a line extending north
thirteen degrees west (true bearing) from Cape Pogue light
to the mainland shall be punished by a fine of not less than
twenty nor more than fifty dollars.

Approved March 23, 1936.

154

Acts, 1936. — Chaps. 159, 160.

G. L. (Ter.
Ed.), 170, §44,
amended.

Distribution
of earnings

Chap. 15Q An Act relative to the distribution of net profits on

MATURED AND PAID-UP SHARES IN CO-OPERATIVE BANKS.

Be it enacted, etc., as follows:

Section forty-four 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 striking out the second paragraph
and inserting in place thereof the following: —

At each distribution of net profits on unmatured shares
of co-operative there shall also be distributed profits on outstanding ma-
banks, tured and paid-up shares at a rate per cent fixed by the
directors, in no event more than five per cent per annum,
except as provided in section forty-six, nor more than the
rate credited to unmatured shares. Net profits distributed
on outstanding matured and paid-up shares shall be credited
to the owner thereof and shall be payable on demand at any
time thereafter, out of the funds of the corporation; pro-
vided, that, if the shareholder shall so elect, such profits
shall be held by the corporation in a dividend savings ac-
count, subject, however, to withdrawal at any time. Such
accounts shall bear interest at such rate per cent as the
directors may determine, but in no event more than five per
cent per annum nor more than the rate of dividends paid
on unmatured shares, which interest shall be credited on
such accounts. Whenever such an account reaches a value
of two hundred dollars it shall be deemed paid up and
thereafter no dividends shall be credited thereon nor shall
such account bear interest; and the owner of such paid-up
account, if he so elects, shall be entitled to have issued to
him in consideration thereof a paid-up share certificate,
notwithstanding any other provision of this chapter.

Approved March 23, 1986.

C/iap. 160 An Act relative to the \¥eekly payment of wages to

EMPLOYEES OF CERTAIN HOSPITALS.

G. L. (Ter.
Ed.), 149,
§ 148, etc.,
amended.

Weekly pay-
ment of wages.

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
forty-eight, as most recently amended by chapter three hun-
dred and fifty of the acts of nineteen hundred and thirty-
five, and inserting in place thereof the following: — Section
148. Every person having employees in his service shall
pay weekly each such employee the wages earned by him
to within six days of the date of said payment if employed
for six days in the week or to within seven da3^s of the date
of said payment if employed seven days in the week, or, in
the case of an employee who has worked for a period of less
than six days, hereinafter called a casual employee, shall,
within seven days after the termination of such period, pay

Acts, 1936. —Chap. 160. 155

the wages earned by such casual employee during such period ;
but any employee leaving his employment shall be paid in
full on the following regular pay day, and, in the absence of
a regular pay day, on the following Saturday; and any em-
ployee discharged from such employment shall be paid in
full on the day of his discharge, or in Boston as soon as the
laws requiring pay rolls, bills and accounts to be certified
shall have been complied with; and the commonwealth,
its departments, officers, boards and commissions shall so
pay every mechanic, workman and laborer employed by it
or them, and every person employed in any other capacity
by it or them in any penal or charitable institution, and every
county and city shall so pay every employee engaged in its
business the wages or salary earned by him, unless such
mechanic, workman, laborer or employee requests in writ-
ing to be paid in a different manner; and every town shall
so pay each employee engaged in its business if so required
by him; but an employee absent from his regular place of
labor at a time fixed for payment shall be paid thereafter on
demand; provided, however, that the department of public
utilities, after hearing, may authorize a railroad corporation
or a parlor or sleeping car corporation to pay the wages of
any of its employees less frequently than weekly, if such
emploj^ees prefer less frequent payments, and if their in-
terests and the interests of the public will not suffer thereby;
and provided, further, that employees engaged in agricul-
tural work or in domestic service may be paid their wages
monthly; in either case, however, failure by a railroad cor-
poration or a parlor or sleeping car corporation to pay its
employees their wages as authorized by the said depart-
ment, or by an employer of employees engaged in agricul-
tural work or in domestic service to pay monthly the wages
of his or her employees, shall be deemed a violation of this
section.

This section shall not apply to an employee of a hospital
which is supported in part by contributions from the com-
monwealth or from any city or town, nor to an employee of
an incorporated hospital which provides treatment to pa-
tients free of charge, or which is conducted as a public charity,
unless such employee requests such hospital to pay him
weekly. This section shall not apply to an employee of a
co-operative association if he is a shareholder therein, unless
he requests such association to pay him weekly, nor to casual
employees as hereinbefore defined employed by the com-
monwealth or by any county, city or town.

No person shall by a special contract with an employee
or by any other means exempt himself from this section or
from section one hundred and fifty. The president and
treasurer of a corporation and any officers or agents having
the management of such corporation shall be deemed to be
the emploj^ers of the employees of the corporation within
the meaning of this section. Every pubhc officer whose duty
it is to pay money, approve, audit or verify pay rolls, or

156

Acts, 1936. — Chaps. 161, 162.

perform any other official act relative to payment of any
public employees, shall be deemed to be an employer of
such employees, and shall be responsible under this section
for any failure to perform his official duty relative to the
payment of their wages or salaries, unless he is prevented
from performing the same through no fault on his part.

Whoever, except a person engaged in agriculture, violates
this section shall be punished by a fine of not less than ten
nor more than fifty dollars or by imprisonment in the house
of correction for not more than two months, or both.

Approved March 23, 1936.

Chap. IQl An Act making uniform throughout the commonwealth

THE LAWS RELATIVE TO THE TRIAL OF INDICTMENTS FOR
CAPITAL CRIMES BY REPEALING CERTAIN SPECIAL PRO-
VISIONS RELATIVE TO THE TRIAL OF SUCH INDICTMENTS
FOUND IN DUKES OR NANTUCKET COUNTY.

Be it enacted, etc., as follows:

Section 1. Section fifteen of chapter two hundred and
thirty-four of the General Laws and section fifty of chapter
two hundred and seventy-seven thereof, both as appearing
in the Tercentenary Edition, are hereby repealed.

Section 2. Section sixty-five of said chapter two hun-
dred and seventy-seven, as so appearing, is hereby amended
by striking out, in the fifth to the seventh lines, inclusive,
the words ", or, if found in Dukes or Nantucket county,
that it will be entered forthwith upon the docket of the
superior court for Bristol county", — so as to read as fol-
lows : — Section 65. After the finding of an indictment for
murder, the defendant, if in custody, shall forthwith be
served by the sheriff or his deputy with a copy thereof and
with an order of the court notifying him that the indictment
will be entered forthwith upon the docket of the superior
court for the county where found.

Section 3. This act shall take effect on September first
of the current year and shall apply only in the case of per-
sons convicted of capital crimes committed on or after said
September first. Notwithstanding the provisions of this
act, the provisions of law effective as to a capital crime com-
mitted before said September first shall continue in effect
thereafter with respect to such crime.

Approved March 23, 1936.

Repeals.

G. L. (Ter.
Ed.), 277. § 65,
amended.

Prisoners to
be served
with copy of
indictment.

Effective
date.

C/tap. 162 An Act increasing the amount to be paid into the

TREASURY OF THE COMMONWEALTH IN CERTAIN CASES OF
INDUSTRIAL ACCIDENTS RESULTING IN DEATH.

Be it enacted, etc., as follows:

%'d\''il2^k65 Section sixty-five of chapter one hundred and fifty-two

etc!, amended.' of the General Laws, as amended by chapter three hundred

and ninety-five of the acts of nineteen hundred and thirty-

Acts, 1936. — Chap. 163. 157

five, is hereby further amended by striking out, in the fourth

Une, the words "two hundred and fifty" and inserting in

place thereof the words : — five hundred, — so as to read

as follows: — Section 65. For every case of personal injury Special fund

resulting in death covered by this chapter, when there are p^a'ymen'ts'!

no dependents, the insurance company shall pay into the

treasury of the commonwealth five hundred dollars. Such

payments shall constitute a special fund in the custody of

the state treasurer who shall make payments therefrom upon

the written order of the department for the purposes set

forth in section thirty-seven. Approved March 23, 1936.

An Act authorizing cities and towns to appropriate (JJidj) \Q^

MONEY FOR THE OBSERVANCE OF PATRIOTIC HOLIDAYS
UNDER THE AUSPICES OF LOCAL CLUBS OF THE YANKEE
DIVISION VETERANS ASSOCIATION.

Be it enacted, etc., as follows:

Section five of chapter forty of the General Laws is hereby g. l. (Ter.
amended by striking out clause (12), as most recently etc!, amended,
amended by section one of chapter one hundred and thirty-
two of the acts of the current year, and inserting in place
thereof the following : — (12) For erecting headstones or other Municipal
monuments at the graves of persons who served in the For'veterans°°
war of the revolution, the war of eighteen hundred and monuments,
twelve, the Seminole war, the Mexican war, the war of the
rebellion or the Indian wars or who served in the military
or naval service of the United States in the Spanish American
war or in the World war, or who served in the military serv-
ice of the commonwealth in time of war; for acquiring land
by purchase or by eminent domain under chapter seventy-
nine, purchasing, erecting, equipping or dedicating buildings,
or constructing or dedicating other suitable memorials, for
the purpose of properly commemorating the services and
sacrifices of persons who served as aforesaid ; for the decora-
tion of the graves, monuments or other memorials of sol-
diers, sailors and marines who served in the army, navy or
marine corps of the United States in time of war or insur-
rection and the proper observance of Memorial Day and
other patriotic hohdays under the auspices of the following:
— local posts of the Grand Army of the Republic, United
Spanish War Veterans, The American Legion, Veterans of
Foreign Wars of the United States and Jewish War Veterans
of the United States, local chapters of the Disabled American
Veterans of the World War, local units of the Massachusetts
State Guard Veterans, Kearsarge Association of Naval Vet-
erans, Inc., local garrisons of the Army and Navy Union of
the United States of America, local chapters of the Massa-
chusetts Society of the Sons of the American Revolution,
local detachments of the Marine Corps League, local clubs
of the Yankee Division Veterans Association, and local
camps of the Sons of Union Veterans of the Civil War or

158 Acts, 1936. ~ Chaps. 164, 165.

local tents of The Daughters of Union Veterans of the Civil
War in the case of a town in which there is no post of the
Grand Army of the Republic; or for keeping in repair graves,
monuments or other memorials erected to the memory of
such persons or of the firemen and policemen of the town
who died from injuries received in the performance of their
duties in the fire or police service or for decorating the graves
of such firemen and policemen or for other memorial observ-
ances in their honor. Money appropriated in honor of such
firemen may be paid over to, and expended for such pur-
poses by, any veteran firemen's association or similar organi-
zation. Approved March 23, 1936.

Chap. 1Q4: An Act regulating medical services rendered under

THE workmen's COMPENSATION LAW.

Be it enacted, etc., as follows:

G. L. (Ter Chapter one hundred and fifty-two of the General Laws

amended." ' is hereby amended by striking out section thirty, as ap-
pearing in the Tercentenary Edition, and inserting in place
Payments thereof the following: — Section 30. During the first two
services'under wceks after the injury, and, in unusual cases or cases re-
tfon^lw^* quiring specialized or surgical treatment, in the discretion
of the department, for a longer period, the insurer shall
furnish adequate and reasonable medical and hospital serv-
ices, and medicines if needed, together with the expenses
necessarily incidental to such services. The employee may
select a physician other than the one provided by the in-
surer; and in case he shall be treated by a physician of his
own selection the reasonable cost of the physician's services
shall be paid by the insurer, subject to the approval of the
department. Such approval shall be granted only if the
department finds that such services were necessary and
the charges therefor were reasonable. In any case where the
department is of opinion that the fitting of the employee
with an artificial eye or limb, or other mechanical appliance,
will promote his restoration to or continue him in industry,
it may order that he be provided with such an artificial eye,
limb or apphance, at the expense of the insurer.

Approved March 23, 1936.

Chap, 165 An Act authorizing the city of lynn to pay an annuity

TO the W^IDOW of JOHN J. CONNELLY.

Be it enacted, etc., as follows:

Section 1. The city of Lynn shall have the same au-
thority to pay an annuity under the provisions of section
eighty-nine of chapter thirty-two of the General Laws, as
most recently amended by chapter four hundred and sixty-
six of the acts of nineteen hundred and thirty-five, to the
widow of John J. Connelly, who died on October twenty-
ninth, nineteen hundred and thirty-four, as the result of a

Acts, 1936. — Chaps. 166, 167. 159

hazard undergone in the performance of duty as a member
of the fire department of said city, as though the death of
said Connelly had occurred after January first, nineteen
hundred and thirty-five.

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

Approved March 23, 1936.

An Act authorizing the city of lynn to pay an annuity QJku) \qq

TO THE widow OF SILAS H. HOLBROOK.

Be it enacted, etc., as follows:

Section 1. The city of Lynn shall have the same author-
ity to pay an annuity under the provisions of section eighty-
nine of chapter thirty-two of the General Laws, as most
recently amended by chapter four hundred and sixty-six of
the acts of nineteen hundred and thirty-five, to the widow
of Silas H. Holbrook, who died on December eighth, nine-
teen hundred and thirty-two, as the result of a hazard under-
gone in the performance of duty as a member of the fire
department of said city, as though the death of said Hol-
brook had occurred after January first, nineteen hundred
and thirty-five.

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

Approved March 23, 1936.

An Act authorizing the webster co-operative bank of Chav. 1Q7

WEBSTER TO INVEST A PORTION OF ITS FUNDS IN THE PUR-
CHASE OF REAL ESTATE ABUTTING ITS PRESENT BANK BUILD-
ING.

Be it enacted, etc., as follows:

The Webster Co-operative Bank, a co-operative bank
organized under the laws of this commonwealth, and having
its usual place of business in the town of Webster, may,
subject to the approval of the commissioner of banks, invest
in the purchase of real estate in said Webster appurtenant
to and abutting on its present bank building premises and
the erection on such real estate of a suitable building to be
used in whole or in part for the convenient transaction of
its business a sum not exceeding seven thousand dollars, in
addition to the amount which said bank is authorized under
general law to invest for such purposes.

Approved March 23, 1936.

160

Acts, 1936. — Chaps. 168, 169.

Chap. 1Q8 An Act imposing a penalty for depriving employees of

THEIR EMPLOYMENT BECAUSE OF JURY SERVICE.

Be it enacted, etc., as follows:

Chapter two hundred and sixty-eight of the General Laws
is hereby amended by inserting after section fourteen, as ap-
pearing in the Tercentenary Edition, the following new sec-
tion:— Section I4A. No person shall be discharged from
or deprived of his employment because of his attendance or
service as a grand or traverse juror in any court. Violation
of this section by an employer shall be a contempt of the
court upon which such person is or has been in attendance
or in which he is or has been serving as a grand or traverse
juror, and such employer may be prosecuted upon com-
plaint verified upon oath and be punished for such contempt.

Approved March 23, 1936.

G. L. (Ter.
Ed.), 268,
new section
14A, added.

Penalty for
discharge of
employee
summoned for
jury service.

G. L. (Ter.

Ed.). 140,

§ 186, amended.

License to
conduct skat-
ing rinks, etc.

Chap. 169 An Act relative to the granting of licenses for the

OPERATION OF FERRIS WHEELS, CAROUSELS AND CERTAIN
OTHER AMUSEMENTS.

Be it enacted, etc., as follows:

Section 1. Section one hundred and eighty-six of chap-
ter one hundred and forty of the General Laws, as appear-
ing in the Tercentenary Edition, is hereby amended by
striking out, in the first line, the words "licensing board of
Boston, the", — so as to read as follows: — Section 186.
The license commission of Lowell, the mayor of any other
city, and the selectmen of any town, may grant a license to
any person to establish, keep open and maintain skating
rinks to be used for roller skating, carousels, inclined rail-
ways, Ferris wheels and outdoor exhibitions of fire fighting
for the amusement of the public, for hire, gain or reward,
upon such terms, conditions and regulations as they deem
proper, subject to sections two hundred and two to two hun-
dred and five, inclusive, and to the provisions of law relat-
ing to the observance of Sunday.

Section 2. Section one hundred and eighty-seven of said
chapter one hundred and forty, as so appearing, is hereby
amended by inserting after the word "skating" the second
time it appears in the second line the words: — or any other
amusement referred to in the preceding section, — so as to
read as follows: — Section 187. Whoever, without such li-
cense, establishes, keeps open or maintains a skating rink
to be used for the amusement of roller skating or any other
amusement referred to in the preceding section shall be
punished by a fine of not more than five hundred dollars.

Section 3. Said chapter one hundred and forty is hereby
further amended by striking out section two hundred and two,
as so appearing, and inserting in place thereof the following: —
Section 202. Licenses granted elsewhere than in Boston

G. L. (Ter.
Ed.), 140,
§187, amended,

Penalty.

G. L. (Ter.
Ed.), 140,
§202, amended.

Form, etc.,
of licenses.

Acts, 1936. — Chap. 170. 161

to keepers of intelligence offices, dealers in junk, old metals
and second hand articles, junk collectors, pawnbrokers and
keepers of billiard saloons, pool or sippio rooms or tables,
bowling alleys, roller skating rinks, carousels, inclined rail-
ways, Ferris wheels, outdoor exhibitions of fire fighting for
the amusement of the public and picnic groves shall be
signed by the clerk of the town where they are granted.
Every such license shall, before being delivered to the licensee,
be recorded by the town clerk, in a book kept for that
purpose. Such license shall set forth the name of the li-
censee, the nature of the business, and the building or place
in such town in which it is to be carried on, and shall con-
tinue in force until May first following unless sooner re-
voked. The board or officer issuing such a license shall,
except as provided in section seventy-seven, receive for the
use of the town such amount, not less than two dollars for
each license, as the board or officer considers reasonable.
In Boston licenses for keepers of intelligence offices, billiard
saloons, pool or sippio rooms or tables, bowling alleys and
picnic groves shall be signed by the licensing board and re-
corded by its clerk and licenses for roller skating rinks,
carousels, inclined railways, Ferris wheels and outdoor ex-
hibitions of fire fighting for the amusement of the public
shall be signed by the mayor and recorded by his clerk; the
other licenses referred to in this section shall be signed by
the police commissioner and recorded by his clerk.

Approved March 23, 1936.

An Act extending the provisions op the ten o'clock Chap. 170

CLOSING LAW, SO CALLED, TO WOMEN AND GIRLS IN ME-
CHANICAL AND CERTAIN MANUFACTURING ESTABLISHMENTS.

Be it enacted, etc., as follows:

Section 1. Section fifty-nine of chapter one hundred and g^^^. (Ter ^^
forty-nine of the General Laws, as amended by section one etc!, 'amended.'
of chapter one hundred and ninety-three of the acts of nine-
teen hundred and thirty-three, is hereby further amended
by inserting after the word "twenty-one" in the third line
the words : — or a girl under twenty-one, — and by strik-
ing out, in the third and fourth lines, the words "for the
purpose of manufacturing" and inserting in place thereof
the words: — in manufacturing or mechanical estabhsh-
ments, — so as to read as follows : — Section 59. No per- working hours

of women at

son, and no agent or officer of a person, shall employ a woman ^^]
over twenty-one or a girl under twenty-one in any capacity I'^t^d.
in manufacturing or mechanical establishments before six
o'clock in the morning or after ten o'clock in the evening,
or in the manufacture of textile goods or leather after six
o'clock in the evening. Whoever violates any provision of
this section shall be punished by a fine of not less than
twenty nor more than fifty dollars.

regu-

162

Acts, 1936. — Chap. 171.

Ed^" lli^i 66 Section 2. Section sixty-six of said chapter one hundred
etc.. 'amended.' and forty-ninc, as amended by section two of said chapter
one hundred and ninety-three, is hereby further amended
by adding at the end thereof the following: — and provided,
further, that nothing herein shall authorize the employment
of girls under twenty-one in any capacity in manufacturing
or mechanical establishments in violation of section fifty-
working hours nine, — SO as to read as follows: — Section 66. No person
giris?^reguiated. shall cmploy a boy under eighteen or a girl under twenty-
one or permit such a boy or girl to work in, about or in con-
nection with any establishment or occupation named in sec-
tion sixty before five o'clock in the morning or after ten
o'clock in the evening, or in the manufacture of textile goods
or leather after six o'clock in the evening; provided, that
girls under twenty-one may be employed as operators in
regular service telephone exchanges until, but not after,
eleven o'clock in the evening and provided, further, that
nothing herein shall authorize the employment of girls under
twenty-one in any capacity in manufacturing or mechanical
establishments in violation of section fifty-nine.

Approved March 23, 1936.

Chap. 171 -^N ^^'^ PENALIZING THE DELIVERY OF ALCOHOLIC BEVERAGES
OR ALCOHOL TO OR FOR THE USE OF A MINOR IN CERTAIN
CASES.

G. L. (Ter.
Ed.), 138, § 34,
etc., amended.

Employment
of minors by
licensees
prohibited.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-eight of the General Laws
is hereby amended by striking out section thirty-four, as
amended by section thirty-four of chapter four hundred and
forty of the acts of nineteen hundred and thirty-five, and
inserting in place thereof the following: — Section 34- No
person shall receive a license or permit under this chapter
who is under twenty-one years of age. Whoever being li-
censed under this chapter employs any person under twenty-
one years of age in the direct handling or selling of alcoholic
beverages or alcohol or whoever makes a sale of any such
beverages or alcohol to any person under twenty-one years
of age or whoever, being a patron of an establishment li-
censed under section twelve, delivers or procures to be de-
livered in any public room or area of such establishment
any such beverages or alcohol to or for the use of a person
whom he knows or has reason to believe to be under twenty-
one years of age shall be punished by a fine of not more than
two hundred dollars or by imprisonment for not more than
six months, or both. Approved March 23, 1936,

Acts, 1936. — Chap. 172. 163

An Act authorizing emergency loans by savings banks, Chap. 172

CO-OPERATIVE BANKS, TRUST COMPANIES, CREDIT UNIONS,
banking companies and insurance COMPANIES TO RE-
LIEVE DISTRESS CAUSED BY FLOOD CONDITIONS.

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

Be it enacted, etc., as follows:

Section 1. Any savings bank, co-operative bank, trust
company, credit union, banking company or insurance com-
pany, with the approval of a majority of its officers, board
or committee authorized by law to approve loans, and sub-
ject to such terms and conditions as they may require in
each case, may assist any of its mortgagors or borrowers
whose property shall have suffered damage as a result of
flood conditions in this commonwealth by advancing to any
of its mortgagors sums for the purpose of repairing or re-
habilitating the property mortgaged and, in addition, by
advancing to any one of said mortgagors or borrowers sums
not exceeding, in the aggregate, two hundred dollars for the
purpose of alleviating distress or suffering caused by such
flood conditions.

Section 2. The Mutual Savings Central Fund, Inc.,
The Co-operative Central Bank and the Central Credit
Union Fund, Inc., with the approval of their respective
boards of directors, may assist any of their respective mem-
ber banks by loaning funds for the purposes set forth in
section one, and such member banks are hereby empowered
to borrow for such purposes.

Section 3. Any savings bank, co-operative bank, trust
company, credit union, banking company or insurance com-
pany, with the approval of a majority of its officers, board
or committee authorized by law to approve loans, may con-
tribute such sum or sums of money as they may determine
to be reasonable, to any general fund, approved by the
commissioner of insurance in the case of insurance compan-
ies or by the commissioner of banks in the case of any of
the other corporations referred to in this section, being
raised by a relief committee and established for the purpose
of providing assistance in the improvement of social and
economic conditions in any community whose inhabitants
have suffered damage due to flood conditions in this com-
monwealth.

Section 4. No loan or contribution shall be made under
this act after the expiration of six months from its effective
date, and no provision of law inconsistent with this act shall
apply to any loan or contribution made hereunder.

Approved March 21^, 1936.

164 Acts, 1936. — Chaps. 173, 174.

Chap. 173 An Act authorizing cities and towns to make emer-
gency LOANS TO REPAIR CERTAIN EXTRAORDINARY DAM-
AGES RESULTING FROM THE GREAT FLOOD OF MARCH,
NINETEEN HUNDRED AND THIRTY-SIX.

^rTambk''"^ Whereas, The deferred operation of this act would tend to

defeat its purpose, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of
the public health, safety and convenience.

Be it enacted, etc., as follows:

Any city or town, with the approval of the board referred
to in clause (9) of section eight of chapter forty-four of the
General Laws, may borrow to meet appropriations made for
the repair of damages to public ways, including bridges, or
public properties occasioned by the great flood of March,
nineteen hundred and thirty-six, and may issue bonds or
notes therefor, which shall bear on their face the words,
(name of city or town) Flood Damage Loan, Act of 1936.
Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than ten years from
their respective dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as herein provided, be subject to the provisions of said chap-
ter forty-four, exclusive of the limitation contained in the
first paragraph of section seven thereof.

If any member of the board hereinbefore referred to is
unable, by reason of absence or disability, to perform his
duties as such member, the member so absent or disabled,
or the commissioner of corporations and taxation in the
case of the director of accounts, may by a writing filed with
the board designate an officer or employee in his department
who shall, without additional compensation therefor, per-
form such duties during such absence or disability.

Approved March 24, 19S6.

Chap. 17 4: An Act making an appropriation from the state treas-
ury FOR the construction OF TEMPORARY BRIDGES
across the CONNECTICUT RIVER TO AID IN RELIEVING THE
EXISTING CONDITIONS RESULTING FROM THE RECENT
FLOODS.

Emergency Wkcrcas, The deferred operation of this act would defeat

pream e. .^^ purpose, therefore it is hereby declared to be an emer-

gency law, necessary for the immediate preservation of the
public health, safety and convenience.

Be it enacted, etc., as follows:

Section L The department of public works is hereby
authorized and directed, with the consent of the county
commissioners of the county or counties in which temporary
bridge construction may be required by reason of the dam-

Acts, 1936. — Chaps. 175, 176. 165

ages caused by the recent floods and subject to such approval
from the appropriate federal authorities as may be required,
to construct temporary bridges across the Connecticut
river at such points as said department and said county
commissioners may determine in each case. For the afore-
said purpose, there may be expended from the appropriation
hereinafter made and any federal funds that may be made
available not more than four hundred and fifty thousand
dollars in the aggregate.

Section 2. For the purpose of carrying out the provisions
of this act, and subject to the conditions contained in sec-
tion one, the sum of four hundred and fifty thousand dollars
is hereby appropriated from the Highway Fund, subject to
the provisions of law regulating the disbursement of public
funds and the approval thereof.

Approved March 2Jf, 1936.

An Act further limiting the period of time subsequent Chap. 17d

TO WHICH directory MINIMUM FAIR WAGE ORDERS MAY
BE MADE MANDATORY.

Be it enacted, etc., as follows:

Section thirteen of chapter one hundred and fifty-one of Ed m^s^'i i3
the General Laws, as appearing in section one of chapter etc!, amended. '
three hundred and eight of the acts of nineteen hundred and
thirty-four, is hereby amended by striking out, in the sec-
ond line, the word "nine" and inserting in place thereof the
word: — five, — so as to read as follows: — Section IS. If ^fll',"')™,^^^^

,_ , ,, /•• 11 orQciS iiia.y d6

at any time after a directory minimum fair wage order has made manda-
been in effect for five months the commissioner is of the *°''^'
opinion that the persistent non-observance of such order by
one or more employers is a threat to the maintenance of fair
minimum wage standards in any occupation, he may give
notice of his intention to make such order mandatory and
after such notice to all persons interested as he may direct,
he shall hold a public hearing, not less than fifteen nor more
than thirty days after such notice at which hearing all per-
sons in favor of or opposed to such a mandatory order may-
be heard by him. After such hearing the commissioner, if
he adheres to his opinion, may make such directory order or
any part thereof mandatory and so publish it.

Approved March 26, 1936.

An Act requiring that shucked scallops and quahaugs Chap. 17 Q

IN THE SHELL BE SOLD ONLY BY WEIGHT.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby g. l. (Ter.
amended by inserting after section eighty-eight A, as ap- ^ection^ssB^
pearing in the Tercentenary Edition, the following new l^fe^oj gcaUops,
section: — Section 88 B. No shucked scallops or quahaugs etc., regulated.'

166 Acts, 1936. — Chaps. 177, 178.

in the shell shall be sold except by weight. Whoever him-
self or by his servant or agent violates any provision of this
section shall be punished by a fine of ten dollars.

Approved March 26, 1936.

Chap. 177 An Act relative to the corporate powers of the

ITALIAN MUTUAL HELP SOCIETY ARTILLERY CORPORATION
OP BROCKTON.

Be it enacted, etc., as follows:

The Italian Mutual Help Society Artillery Corporation
of Brockton, a corporation duly established under general
law, may, in the event of the death of a member, pay a
death or funeral benefit limited to not more than five hun-
dred dollars, and may, in the event of the death of the wife
of a member, pay to said member not more than two hun-
dred dollars; provided, that the amount so paid to a mem-
ber upon the death of his wife shall be deducted from the
amount payable at the member's death. Said corporation,
except as otherwise provided herein, shall have all the
powers, rights and privileges, and shall be subject to all the
duties, liabilities and restrictions, conferred or imposed by
laws now or hereafter in force upon fraternal benefit societies
designated in section forty-five of chapter one hundred and
seventy-six of the General Laws.

Approved March 26, 1936.

C/iap. 178 An Act placing under the civil service laws the

OFFICE OF CITY MARSHAL OF THE CITY OF SALEM.

Be it enacted, etc., as follows:

Section 1. The office of city marshal of the city of
Salem shall, upon the effective date of this act, become sub-
ject to the civil service laws and rules and regulations
relating to permanent members of police departments in
cities, and the term of office of any incumbent of said office
shall be unlimited, subject, however, to such laws; provided,
that the present incumbent of said office may continue to
serve therein without taking a civil service examination.

Section 2. This act shall be submitted for acceptance to
the registered voters of the city of Salem at the state elec-
tion in the current year in the form of the following question
which shall be placed upon the official ballot to be used in
said city at said election: "Shall an act of the general court
passed in the current year, entitled 'An Act placing under
the Civil Service Laws the Office of City Marshal of the City
of Salem', 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, 1936.

Acts, 1936. — Chaps. 179, 180. 167

An Act relative to the corporate powers of the Chav.179

MUTUAL HELP SOCIETY S. CROCE DI MAGLIANO CORPO-
RATION OF BROCKTON.

Be it enacted, etc., as follows:

The Mutual Help Society S. Croce Di Magliano Corpora-
tion of Brockton, a corporation duly established under gen-
eral law, may, in the event of the death of a member, pay
a death or funeral benefit limited to not more than five hun-
dred dollars, and may, in the event of the death of the wife
of a member, pay to said member not more than two hun-
dred dollars; provided, that the amount so paid to a member
upon the death of his wife shall be deducted from the amount
payable at the member's death. Said corporation, except
as otherwise provided herein, shall have all the powers,
rights and privileges, and shall be subject to all the duties,
liabilities and restrictions, conferred or imposed by laws
now or hereafter in force upon fraternal benefit societies
designated in section forty-five of chapter one hundred and
seventy-six of the General Laws.

Approved March 26, 1936.

An Act relative to the observance of columbus day. C/iap. 180

Be it enacted, etc., as follows:

Clause eighteenth of section seven of chapter four of the g. l. (Ter.
General Laws, as most recently amended by chapter twenty- ci. Eighteenth,
six of the acts of nineteen hundred and thirty-five, is hereby ^^'^■' amended,
further amended by inserting after the word "Sunday" in
the thirteenth line, as appearing in chapter two hundred
and eighty-three of the acts of nineteen hundred and thirty-
four, the words : — ; and all laws, statutes, orders, decrees,
rules and regulations regulating the keeping open of retail
stores on the Lord's day shall be applicable to the keeping
open of retail stores on October twelfth between the hours
of seven o'clock ante meridian and one o'clock post meridian,
or during the same hours on the day following when October
twelfth occurs on Sunday, — so as to read as follows : —
Eighteenth, "Legal holiday" shall include January first, "Legal ^^
February twenty-second, April nineteenth, May thirtieth, defined.
July fourth, the first Monday of September, October twelfth,
November eleventh, Thanksgiving day and Christmas day,
or the day following when any of the five days first men-
tioned, October twelfth, November eleventh, or Christmas
day occurs on Sunday; and the public offices shall be closed
on all of said days; and all laws, statutes, orders, decrees,
rules and regulations regulating the observance of the Lord's
day shall be applicable to November eleventh between the
hours of seven o'clock ante meridian and one o'clock post
meridian, or during the same hours on the day following
when November eleventh occurs on Sunday; and all laws,

168 Acts, 1936. — Chap. 181.

statutes, orders, decrees, rules and regulations regulating the
keeping open of retail stores on the Lord's day shall be ap-
plicable to the keeping open of retail stores on October
twelfth between the hours of seven o'clock ante meridian
and one o'clock post meridian, or during the same hours on
the day following when October twelfth occurs on Sunday.
"Legal holiday" shall also include, with respect to Suffolk
county only, June seventeenth, or the day following when
June seventeenth occurs on Sunday, and the public offices
in said county shall be closed on said day.

(This hill, returned by the governor to the House of Repre-
sentatives, the branch in which it originated, with his objections
thereto, was passed by the House of Representatives, March 31 ,
1936, and, in concurrence, by the Senate, April 2, 1936, the
objections of the governor notwithstanding, in the manner pre-
scribed by the constitution; and thereby has 'Hhe force of a
law".)

Chap. 181 An Act creating an unpaid special commission to be

KNOWN AS THE LAKE QUINSIGAMOND COMMISSION, AND
DEFINING ITS POWERS AND DUTIES.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and ninety-four of the
Special Acts of nineteen hundred and sixteen is hereby
amended by striking out section one and inserting in place
thereof the following : — Section 1 . There shall be an un-
paid commission, to be known as the Lake Quinsigamond
Commission, consisting of one person appointed by the
county commissioners of the county of Worcester, the chief
of police of the city of Worcester, ex officio, two residents of
said city to be appointed by the mayor thereof, two resi-
dents of Shrewsbury to be appointed by the moderator of
said town and one resident of Grafton to be appointed by
the moderator of said town. Said commission shall elect
from its membership a chairman and shall meet quarterly
or oftener at the call of the chairman. Upon the expiration
of the term of any member his successor shall be appointed,
in like manner as in the case of the original appointment,
for the term of three years. Vacancies in the commission
caused otherwise than by expiration of term of service shall
be filled for the balance of the unexpired term in like man-
ner as in the case of original appointments.

Section 2. Of the initial appointees to said new com-
mission, the appointee of the commissioners of the county
of Worcester shall serve for three years, one of the ap-
pointees of the mayor of the city of Worcester shall serve
for two years and one for three years, one of the appointees
of the moderator of the town of Shrewsbury shall serve for
two years and one for three years, and the appointee of the
moderator of the town of Grafton shall serve for three years.

Acts, 1936. — Chap. 182. 169

Section 3. The new commission created by section one
of this act shall in all respects be the lawful successor to the
commission created by section one of said chapter two hun-
dred and ninety-four, and shall have and exercise all the
powers and privileges, and be subject to all the duties and
obhgations, of such last mentioned commission; and the
members thereof shall cease to hold office upon the organiza-
tion of said new commission.

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

Approved April 4, 1936.

An Act penalizing the giving of certain false infor- ChaV'^^2

MATION IN applications FOR REGISTRATION OF MOTOR ^'

vehicles or trailers, and relative TO SUBSEQUENT
OFFENCES OF OPERATING MOTOR VEHICLES NEGLIGENTLY
SO THAT THE LIVES OR SAFETY OF THE PUBLIC MIGHT BE
ENDANGERED.

Be it enacted, etc., as follows:

Section 1. Section twenty-four of chapter ninety of the g l. (Ter.
General Laws, as most recently amended by chapter three etcl.'amended!
hundred and sixty of the acts of nineteen hundred and
thirty-five, is hereby further amended by inserting after the
word "another" in the nineteenth fine, as appearing in sec-
tion one of chapter twenty-six of the acts of nineteen hun-
dred and thirty-two, the following: — , or whoever in an
application for registration of a motor vehicle or trailer
gives as his name or address or the place where such vehicle
is principally garaged a false name, address or place, — so
that the first sentence of said section twenty-four will read
as follows: — Whoever upon any way, or in any place to False informa-
which the public has a right of access, operates a motor tloMfor^^''*'*"
vehicle recklessly, or while under the influence of intoxicat- of^^*tor°°
ing liquor, or negligently so that the lives or safety of the vehicles, giving
public might be endangered, or upon a bet or wager or in a ° '
race, or whoever operates a motor vehicle for the purpose Penalty.
of making a record and thereby violates any provision of
section seventeen or any regulation under section eighteen,
or whoever without stopping and making known his name,
residence and the number of his motor vehicle goes away
after knowingly colhding with or otherwise causing injury
to any other vehicle or property, or whoever uses a motor
vehicle without authority knowing that such use is un-
authorized, or whoever loans or knowingly permits his li-
cense to operate motor vehicles to be used by another person,
or whoever makes false statements in an application for such
a license or falsely impersonates the person named in such
an application, or procures such false impersonation, whether
of himself or of another, or whoever in an application for
registration of a motor vehicle or trailer gives as his name
or address or the place where such vehicle is principally
garaged a false name, address or place, shall be punished by
a fine of not less than twenty nor more than two hundred

170 Acts, 1936. — Chap. 183.

dollars or by imprisonment for not less than two weeks nor
more than two years, or both; except that for an offence of
operating a motor vehicle while under the influence of in-
toxicating liquor committed within a period of six years
immediately following his final conviction of a like offence
by a court or magistrate of the commonwealth, a person
shall be punished by imprisonment for not less than one
month nor more than two years.

Section 2. Said section twenty-four of said chapter
ninety, as so amended, is hereby further amended by add-
ing at the end thereof the following new paragraph : —

For the purposes of this section, no conviction of operating
a motor vehicle negligently so that the lives or safety of the
public might be endangered shall be deemed to be a subse-
quent conviction if the next prior conviction occurred more
than six years prior to the date thereof.

Approved April 4, 1936.

C/iap. 183 An Act relative to the awarding of certain contracts

AND THE MAKING OF CERTAIN LEASES BY THE CITY OF
SOMERVILLE.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and forty of the acts
of eighteen hundred and ninety-nine is hereby amended by
striking out section forty-six A, inserted by section one of
chapter three hundred and eight of the acts of nineteen
hundred and thirty-two, and inserting in place thereof the
following : — Section 1^6 A . No contract for construction
work, for the disposal of garbage, refuse or offal or for the
purchase of apparatus, supplies or materials, whether for
repairs or original construction, the estimated cost of which
amounts to one thousand dollars or more, except in cases
of special emergency involving the health or safety of the
people or their property, shall be awarded, and no lease in-
volving one thousand dollars or more, except in cases afore-
said, shall be made, by the city unless proposals for the
same have been invited by advertisements in at least one
newspaper published in the city once a week for at least two
consecutive weeks, the last publication to be at least one
week before the time specified for the opening of said pro-
posals. Such advertisements shall state the time and place
where plans and specifications of the proposed construction
or disposal work, apparatus, supplies or materials, or lease,
may be had and the time and place for opening the proposals
in answer to said advertisements, and shall reserve to the
city the right to reject any or all of such proposals. All such
proposals shall be opened in public. No bill, contract or
lease shall be spHt or divided for the purpose of evading any
provision of this section.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Somerville at its regu-

Acts, 1936. — Chaps. 184, 185. 171

lar city election in the year nineteen hundred and thirty-
seven in the form of the following question which shall be
placed upon the official ballot to be used at said election:
"Shall an act passed by the general court in the year nine-
teen hundred and thirty-six, entitled 'An Act relative to the
awarding of certain contracts and the making of certain
leases by the city of Somerville', 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 April 4, 1936.

An Act providing that the expense of appointment (JJidj) 184

AND removal of TRUSTEES SHALL BE A CHARGE AGAINST

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

Section 1. Section twenty-two of chapter two hundred EdV203^'^5 22
and three of the General Laws, as appearing in the Tercen- amended.''
tenary Edition, is hereby amended by inserting after the
word "instrument" in the first and second lines the words:
— , the costs and expenses incurred in proceedings for ap-
pointment or removal of trustees, — so as to read as fol-
lows:— Section 22. Unless otherwise expresslj^ P^ov^*^^^ ^'^^okTtment
by the trust instrument, the costs and expenses incurred in etc., of
proceedings for appointment or removal of trustees, trus- *'""^*^^^-
tees' and brokers' commissions and other expenses properly
incurred and paid by trustees for or in connection with the
sale, exchange or purchase of property shall be charged to
principal. Commissions and expenses paid by trustees for
negotiating or effecting leases for terms longer than five
years shall be charged to principal in the first instance, and
a part thereof proportionate to the number of j^ears of the
term shall be repaid from income to principal in each year
while the lease and the trust co-exist.

Section 2. This act shall take effect on October first of Effective date.
the current year. Approved April 4, 1936.

An Act relative to the assessment of taxes in cities Qhav 185

AFTER THEIR REDIVISION INTO WARDS,

Be it enacted, etc., as follows:

Section four of chapter fifty-four of the General Laws, as g. l. (Ter.
most recently amended by section two of chapter four hun- ^ttl^ameld^ed.
dred and eighty-two of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out, in
the third and fourth lines, the words ", and for the assess-
ment of taxes in the year following such a redivision", —
so as to read as follows: — Section A. For all elections and Redivision

111- 1 1 i • en "' Cities into

primaries held prior to the second party primary following a wards.
redivision of a city into wards, the wards as existing pre-
vious to such redivision shall continue, and for such pur-
poses the election oJKcers shall be appointed and hold office,

172 Acts, 1936. — Chaps. 186, 187.

and voting lists shall be prepared, and all other things re-
quired by law shall be done, as if no such redivision had
been made; provided, that the city council of a city may,
for the purposes of any municipal election and its antecedent
primary, if any, held prior to said party primary, order that
the new wards shall be in effect and thereupon the mayor of
such city may make such adjustments in the personnel and
assignments of election officers as may be necessary.

Approved April 4, 1936.

C hap. ISQ An Act making an emergency appropriation for the

RECONSTRUCTION AND REPAIR OF STATE HIGHWAYS DAM-
AGED BY FLOODS.

Be it enacted, etc., as follows:

Section 1. The sum herein set forth, for the purposes
herein specified, is hereby appropriated from the Highway
Fund, subject to the provisions of law regulating the dis-
bursement of public funds and the approval thereof:

Item

642a For the reconstruction and repair of state highways
damaged by floods, to be expended under the
direction of the department of public works, a
sum not exceeding two million dollars . . S2,000,000 00

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

Approved April 6, 1936.

Chap.lS7 An Act providing for the protection of mortgagees

WHEN PROPERTY IS TAKEN OR INJURED BY EXERCISE OF
RIGHT OF EMINENT DOMAIN.

Be it enacted, etc., as follows:

F,dr)'79%'8 Section 1. Section eight of chapter seventy-nine of the

amended. ' General Laws, as appearing in the Tercentenary Edition, is
hereby amended by inserting after the word "person" in
the third line the words: — , including every mortgagee of
Notice to record, — so as to read as follows : — Section 8. Immedi-

™c?of tlS'ng ^tely after the right to damages becomes vested, the board
byjminent of officers who have made a taking under this chapter shall
give notice thereof to every person, including every mort-
gagee of record, whose property has been taken or who is
otherwise entitled to damages on account of such taking.
Such notice shall be in writing and shall describe in general
terms the purpose and extent of the taking, and shall state
the amount of damages, if any, awarded to the person to
whom it is sent, or, if no damages have been awarded, the
time within which he may petition for an award of the
same, and in either case the time within which he may
petition the superior court to determine his damages under
section fourteen. Such notice may be served by personal
service, or by leaving an attested copy thereof at the last

domain.

Acts, 1936. — Chap. 188. 173

and usual place of abode of the person to be notified if he
is a resident of the commonwealth, by any person authorized
to serve civil process, or notice may be given to persons
within or without the commonwealth, by registered mail or
other suitable means. Failure to give notice shall not affect
the validity of the proceedings, or the time within which a
petition for damages may be filed, except as provided by
section sixteen.

Section 2. Section sixteen of said chapter seventy-nine, g l. (Xer.
as so appearing, is hereby amended by adding at the end amended '
the following : — ; provided, that a mortgagee of record of
any such property who has not received notice as aforesaid
may file such petition within six months from the time of
receiving actual notice, — so as to read as follows: —
Section 16. A petition for the assessment of damages under Time of filing of
section fourteen may be filed within one year after the right assessment of
to such damages has vested; but any person whose prop- damages,
erty has been taken or injured, and who has not received
notice under section eight or otherwise of the proceedings
whereby he is entitled to damages at least sixty days before
the expiration of such year, may file such petition within
six months from the time when possession of his property
has been taken or he has otherwise suffered actual injury
in his property; provided, that a mortgagee of record of
any such property who has not received notice as aforesaid
may file such petition within six months from the time of
receiving actual notice. Approved April 6, 1936.

Pi.i!i Act providing relief in the city of boston against C/ia^.lSS

THE ESCAPE OR DISCHARGE OF CINDERS, ASHES OR OTHER
SOLIDS FROM BUILDINGS IN OR UPON WHICH A FURNACE
OR BOILER WITH A FORCED OR INDUCED DRAFT IS USED.

Be it enacted, etc., as follows:

Section 1. Owners or lessees, or persons in control of
the operation, of any building in the city of Boston in or
upon which a furnace or boiler with a forced or induced
draft is used, shall install such equipment designed to pre-
vent, so far as is reasonably practicable, the escape of cinders,
ashes or other solids from the stacks of such building as the
department of public utilities shall, upon petition of the
attorney general, and after notice to such owner, lessee or
person and a public hearing, approve as necessary, expedient
and practicable under all the circumstances.

Section 2. If upon such hearing the said department
shall find that it is necessary, expedient and practicable
under all the circumstances that such equipment as so ap-
proved shall be installed in the building complained of, it
shall issue its order to that effect and shall fix the time, with
power by further order or orders, after notice to the attorney
general and a public hearing to extend such time for good
cause shown, within which such equipment shall be installed.

174

Acts, 1936. —Chap. 189.

Section 3. Any such owner, lessee or person who fails
to obey such order of the said department within the time
prescribed by said department and thereafter operates
any boiler or stack to which such order applies shall be
punished by a fine of not more than one thousand dollars
and by a further fine of not more than one thousand dollars
for each month after the expiration of such prescribed time
during which said order remains unobeyed; provided,
however, that if a review be had in accordance with section
five of chapter twenty-five of the General Laws, as appear-
ing in the Tercentenary Edition, no prosecution shall be
commenced hereunder until the issuance of a final decree
of the supreme judicial court affirming the order of said
department, and in the event of such review the time pre-
scribed by the department shall begin to run from the date
of such final decree instead of from the date of the order of
said department. Prosecution under this act may be begun
by complaint brought by or under the direction of the
attorney general in any municipal or district court within
the jurisdiction of which the building complained of is
situated or by indictment by the grand jury for Suffolk
county. Approved April 7, 1986.

Chap. 189 An Act relative to court practice and procedure with

RESPECT TO THE REDEMPTION OF LAND TAKEN OR SOLD FOR
TAXES.

Emergency
preamble.

G. L. (Ter.
Ed.), 60, § 7.5.
amended.

Practice, etc.,
in collection
of certain
taxes.

G. L. (Ter.
Ed.), 60, § 76,
etc., amended.

Petition for
redemption of
land taken
or sold for
taxes.

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. Section seventy-five of chapter sixty of the
General Laws, as appearing in the Tercentenary Edition, is
hereby amended by inserting before the word "not" in the
second line the words: — and sections seventy-six and
seventy-six A, — so as to read as follows : — Section 75.
Practice and procedure under sections sixty-four to seventy-
four, inclusive, and sections seventy-six and seventy-six A,
not therein otherwise provided for, shall conform as nearly
as possible to the land court practice, rules, regulations and
procedure in relation to matters of land registration.

Section 2. Section seventy-six of said chapter sixty, as
amended by section one of chapter three hundred and eight-
een of the acts of nineteen hundred and thirty-five, is hereby
further amended by striking out, in the tenth line, the words
"bill as in equity" and inserting in place thereof the word:
— petition, — so as to read as follows: — Section 76. In
addition to its jurisdiction to allow a party to redeem under
section sixty-eight, the land court shall have jurisdiction as
to redemption in all cases of taking or sale of land for non-
payment of taxes if relief is sought before the filing of a

Acts, 1936. — Chaps. 190, 191. 175

petition under section sixty-five for foreclosure of the right
of redemption, and may grant such right of redemption or
other relief as justice may require, fixing the terms therefor,
or may refuse the same. The proceedings shall be begun
by a petition, and memoranda, both of the beginning and
of the final disposition thereof, shall be recorded or filed
in the registry of deeds, similar to those required by sections
fifteen and sixteen of chapter one hundred and eighty-four
in the case of unregistered land, and to those required by
sections eighty-six and eighty-seven of chapter one hundred
and eighty-five in the case of registered land.

Approved April 8, 1936.

An Act designating the chief engineer of the fire Chay.l^O

DEPARTMENT OF THE TOWN OF FALMOUTH AS CHIEF OP
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 Falmouth 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 Falmouth shall, upon the effective date of this
act, become subject to the civil service laws and rules and
regulations relating to permanent members of fire depart-
ments of towns, and the tenure of office of any incumbent
of said office shall be unlimited, subject, however, to said
laws; but the person holding said office on said effective
date may continue to serve as such without taking a civil
service examination.

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

Approved April 8, 1936.

An Act modifying the requirements for investments in QjiavA^X

REAL ESTATE MORTGAGES BY BANKING INSTITUTIONS.

Whereas, The deferred operation of this act would tend ^^'^^mbiT^
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. Notwithstanding any other provisions of law,
any savings bank, co-operative bank, trust company, credit
union or insurance company holding a first mortgage on
real estate may take in substitution therefor from a person
deemed by such bank, company or credit union to be a
bona fide purchaser of such real estate a first mortgage
thereon in an amount not in excess of the amount due on
the existing first mortgage plus the accumulated interest,
taxes, municipal liens and other proper charges due thereon.

176 Acts, 1936. — Chap. 192.

Section 2. This act shall become inoperative after De-
cember thirty-first, nineteen hundred and thirty-nine, but
shall not affect any mortgage taken hereunder on or before
said date. Approved April 8, 1936.

Chap. 192 An Act authorizing the county of dukes county to

ACQUIRE LAND AT SOUTH BEACH IN THAT PART OF THE
TOWN OF EDGARTOWN KNOWN AS KATAMA.

Be it enacted, etc., as follows:

Section 1. For park purposes, the county commission-
ers of the county of Dukes County may take by eminent
domain under chapter seventy-nine of the General Laws,
or acquire by purchase, certain land at South beach in that
part of the town of Edgartown known as Katama and con-
sisting of two parcels of land located easterly of the South
Beach road, so called, bounded and described as follows: —

First Parcel: — A parcel of land located on the easterly
side of South Beach road in the town of Edgartown between
stations 138 + 72.94 and 141+94.82 of the base line of the
nineteen hundred and thirty-four county layout, bounded
as follows : — westerly by the nineteen hundred and thirty-
four county layout on South Beach road, three hundred
twenty-one and thirty-two hundredths feet; northerly by
land of the Mattakessett Creek Company, about five hun-
dred and thirty-six feet; easterly by Katama bay, about
three hundred and twelve feet and southerly by other land
now or formerly of the Katama Realty Company (regis-
tered land, land court case No. 10343), about three hun-
dred and ninety-eight feet; containing about one hundred
and twenty-six thousand nine hundred square feet.

Second Parcel: — A parcel of land located on the easterly
side of South Beach road in the town of Edgartown be-
tween stations 141+35db and 146 + 56.75 of the base fine
of the nineteen hundred and thirty-four county layout and
bounded as follows: — westerly by the nineteen hundred and
thirty-four county layout on South Beach road four hundred
fifty-two and forty-eight hundredths feet; northerly by other
land now or formerly of the Katama Realty Company, about
three hundred and ninety-eight feet; northeasterly by Ka-
tama bay, about three hundred and thirty-five feet; east-
erly by land of owners unknown, about two hundred and
ninety-seven feet and southerly by the nineteen hundred
and thirty-four county layout, four hundred twenty-nine
and seventeen hundredths feet; containing about two hun-
dred and nine thousand seven hundred square feet.

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

Approved April 8, 1986.

Acts, 1936. — Chaps. 193, 194. 177

An Act authorizing the county of dukes county to Chap.lQS

SELL AND CONVEY CERTAIN PARK LAND AT SOUTH BEACH
IN THAT PART OF EDGARTOWN KNOWN AS KATAMA.

Be it enacted, etc., as follows:

Section 1. The county of Dukes County may sell and
convey a part of the land acquired by it for park purposes
by virtue of the provisions of chapter sixty-eight of the acts
of nineteen hundred and twenty-eight, being certain prem-
ises situated at South beach in that part of the town of
Edgartown known as "Katama", and being part of lot
"A", as shown on a plan drawn by Wilham S. Swift &
Sons, Surveyors, dated July twenty-third, nineteen hundred
and twenty-seven and filed in the land registration office at
Boston, Massachusetts, a copy of a portion of which, num-
bered 10343-B, is filed with Certificate of Title, Number
322, in the registry district of Dukes County being bounded
northerly by land now or formerly of the Katama Realty
Company and being land taken for highway purposes by
the nineteen hundred and thirty-four county layout, four
hundred sixty-six and forty-one hundredths feet, easterly
by the westerly line of the South Beach road, so called, if
extended to the Atlantic ocean, about twenty feet, southerly
by the Atlantic ocean and westerly by the northeasterly
line of a public way to Edgartown or Town road, so called,
if extended, about forty feet.

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

Approved April 8, 1936.

An Act repealing certain provisions of law relative C/iap. 194

to THE assessment OF TAXES ON LAND TAKEN OR PUR-
CHASED FOR TAXES BY A CITY OR TOWN.

Whereas, The deferred operation of this act would tend pr'^ambre'!^
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 seventy-eight of chapter sixty of the General ido.' 6o.^§ 78,
Laws, as amended by section thirteen of chapter three etc., repealed.
hundred and twenty-five of the acts of nineteen hundred
and thirty-three, is hereby repealed.

Approved April 8, 19S6.

178 Acts, 1936. — Chaps. 195, 196.

Chap.195 An Act temporarily authorizing co-operative banks to

BORROW FROM ANY SOURCE TO MAKE REAL ESTATE LOANS.

^rTambie'^^ TF/icreas, 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:

Any co-operative bank established under the laws of the
commonwealth may within two years from the effective
date of this act borrow from any source to make real estate
loans. The proceeds of such loans, including those made
from money borrowed from the Federal Home Loan Bank,
shall not be restricted in their use to the purposes set forth
in section forty 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,
but, except as hereinbefore provided, such loans shall be
subject to said section forty. Approved April 8, 1936.

Chap.l9d An Act relative to the issuance to and holding by the

HOME owners' loan CORPORATION OF CO-OPERATIVE
BANK SHARES.

prTfmbi"?^ 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:

Edo,' 170^1 12. Section 1. Section twelve of chapter one hundred

etc., 'amended. ' and sevcuty 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 "time" in the fifteenth line the words: — , other than
those issued to and held by the Home Owners' Loan Cor-
poration referred to in section forty-seven, — so as to read

Capital. as follows: — Section 12. The capital to be accumulated

shall be unlimited and shall be divided into shares of the

Issue of ultimate value of two hundred dollars each. The shares

may be issued in quarterly, half yearly or yearly series, in
such amounts and at such times as the board of directors
may determine. Shares of a prior series may be issued
after a new series, subject to the approval of the board of
directors. Paid-up shares may be issued, subject to the
approval of the board of directors, each share to have a value
of two hundred dollars, which shall be paid by the purchaser
when the shares are issued, together with interest from the
last distribution of profits at a rate fixed by the directors,
but not in excess of the rate distributed to unmatured shares.
The total value of paid-up shares outstanding at any one

shares.

Acts, 1936. — Chaps. 197, 198. 179

time, other than those issued to and held by the Home
Owners' Loan Corporation referred to in section forty-seven,
shall not exceed ten per cent of the assets of the corporation.

Section 2. Section sixteen of said chapter one hundred ^^,^- {Jj'"v jg
and seventy, as so appearing, is hereby amended by striking etc., 'amended. '
out the second paragraph and inserting in place thereof the
following : —

There shall be no limit to the number of shares that may shares may be
be issued to qualify for a co-operative bank mortgage, upon owte^rs' Lo^n
property purchased from the corporation, nor to the number Corporation.
of shares that may be issued to and held by the Home Owners'
Loan Corporation referred to in section forty-seven.

Approved April 8, 1936.

An Act authorizing the county commissioners of the Chap. 197

SEVERAL counties TO EXPEND MONEY AND TO BORROW^ FOR
THE PURPOSES OF REPAIRING CERTAIN EXTRAORDINARY
DAMAGES CAUSED BY THE GREAT FLOOD OF MARCH, NINE-
TEEN HUNDRED AND THIRTY-SIX.

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

Be it enacted, etc., as follows:

The county commissioners of the several counties, for
the purpose of making necessary repairs to county build-
ings, public ways and bridges occasioned by the great flood
of March, nineteen hundred and thirty-six, may, with the
approval of the director of accounts, expend such sums as
may be necessary, not exceeding fifty thousand dollars in
any one county; and to meet said expenses any such county
may make a temporary loan or loans for such period or
periods, not exceeding one j^ear, as may be determined by
the commissioners, with the approval of said director. The
provisions of special acts requiring apportionment of the
cost of repairs of bridges in any county to be assessed against
certain cities and towns shall not apply to work done under
the provisions of this act; neither shall the provisions of
section seventeen of chapter thirty-four of the General
Laws, as most recently amended by chapter seventy-four
of the acts of nineteen hundred and thirty-two, apply thereto.

Approved April 8, 1936.

An Act removing certain restrictions on the use of nh^r) IQg

THE PROCEEDS OF BONDS ISSUED BY THE CHATHAM WATER ^"

COMPANY.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and forty-six of the
acts of nineteen hundred and twenty-six is hereby amended
by striking out section seven and inserting in place thereof

180 Acts, 1936. — Chap. 199.

the following : — Section 7. Said corporation may issue
bonds and may secure the same by a mortgage of its fran-
chise and other property to an amount not exceeding its
capital stock actually paid in. The proceeds of all bonds
at any time issued under this section shall be expended in
accordance with the provisions of general law now or here-
after in force applicable to water companies.

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

Approved April 8, 1936.

Chap, 199 -^N -^CT PROVIDING THAT LICENSES TO SELL ALL ALCOHOLIC
BEVERAGES MAY BE GRANTED OUTSIDE THE SPECIAL QUOTA
FOR CLUB LICENSES TO CERTAIN CLUBS LICENSED TO SELL
THE SAME DURING THE YEAR NINETEEN HUNDRED AND
THIRTY-FIVE.

prTambiT^ ^hcreas, 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:

EdV" isl'^'s 17 Section seventeen of chapter one hundred and thirty-eight
etc.. amended. ' of the General Laws, as most recently amended by chapter
one hundred and thirty-six of the acts of the current year,
is hereby further amended by striking out the second para-
graph, as appearing in section fifteen of chapter four hun-
dred and forty of the acts of nineteen hundred and thirty-
five, and inserting in place thereof the following : —
ni^her^or^' Irrespective of the number of licenses that may otherwise
be granted as provided in this section, there may be granted to
legally chartered clubs in any city or town five licenses under
section twelve, and in any city or town having a population
exceeding twenty-five thousand one additional license as
aforesaid for each population unit of ten thousand or frac-
tion thereof over twenty-five thousand; but the provisions
of this section shall not prevent the granting of additional
licenses in any city or town to such clubs as were licensed
therein to sell during the year nineteen hundred and thirty-
five all alcoholic beverages, nor shall they prevent the grant-
ing in any city or town of additional licenses to legally char-
tered clubs not so licensed if within the number of licenses
of all classes that may be granted under section twelve in
such city or town as provided in the first paragraph of this
section. The number of licenses under section twelve or
fifteen for the sale of wines or malt beverages only, or both,
shall not be limited by this section.

Approved April 8, 1926.

Acts, 1936. — Chaps. 200, 201, 202. 181

An Act establishing the name of turnpike lake in the Chaj). 200

TOWN OF PLAINVILLE.

Be it enacted, etc., as follows:

A certain great pond in the town of Plainville, bordering
on the four-lane highway in said town which is inckided in
United States route 1, and now known as Shepardville reser-
voir, is hereby named Turnpike lake, and shall hereafter be
designated by said name on all official maps.

Approved April 8, 1936.

An Act making definite the authority of certain QJku) 201

TOWNS to provide BY BY-LAW THAT THEIR COLLECTORS OF ^'

taxes SHALL COLLECT CERTAIN ACCOUNTS DUE TO SUCH
TOWNS.

Be it enacted, etc., as follows:

Section thirty-eight A of chapter forty-one of the General g l. (Ter.
Laws, as appearing in the Tercentenary Edition, is hereby ameAded.
amended by striking out, in the second line, the words
"charter provision" and inserting in place thereof the
words : — other provision of law, general or special, — so
as to read as follows: — Section 38 A. A city or town may Collection of
by ordinance or by-law, notwithstanding any other provi- ciTy o?*town^
sion of law, general or special, provide that the collector of
taxes shall collect, under the title of city or town collector,
all accounts due the city or town, and may in like manner
define his powers and duties in relation to the collection of
such accounts. This section shall not apply to the collec-
tion of interest on investments of sinking or trust funds.
All bills for accounts due the city or town shall state that
all checks, drafts or money orders shall be made payable
to or to the order of the city or town and not to or to the
order of any officer, board or commission.

Approved April 8, 1936.

An Act exempting persons seventy years of age or nij^j. ono

OVER FROM the POLL TAX. ^'

Be it enacted, etc., as follows:

Section 1. Section one of chapter fifty-nine of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, ^mende^d. ^'
is hereby amended by striking out, in the first line, the word
"twenty-four" and inserting in place thereof the word: —
thirty-seven, — and by inserting after the word "twenty"
in the third line the words : — and under the age of seventy,
— so as to read as follows : — Section 1 . In the year poii tax.
nineteen hundred and thirty-seven and annually thereafter
a poll tax of two dollars shall be assessed on every male

182 Acts, 1936. — Chap. 203.

inhabitant of the commonwealth above the age of twenty
and under the age of seventy, whether a citizen of the
United States or an ahen.
Effective Section 2. This act shall take effect on December

thirty-first, nineteen hundred and thirty-six.

Approved April 8, 1936.

Chap. 203 An Act relative to the making by co-operative banks
OF loans upon real estate differing from ordinary
co-operative bank loans.

Be it enacted, etc., as follows:

Chapter one hundred and ninety-one of the acts of nine-
teen hundred and thirty-five is hereby amended by striking
out, in the second line, the word "three" and inserting in
place thereof the word : — six, — by striking out, in the
seventh and eighth lines, the words "liens. A loan here-
under shall not exceed eight thousand dollars," and inserting
in place thereof the following: — liens; but no loan shall
be made hereunder if thereby the aggregate of all loans
upon real estate by such bank to any one borrower would
exceed eight thousand dollars. Each loan hereunder, —
and by striking out, in the twenty-seventh line, the word
"twenty-five" and inserting in place thereof the word: —
fifty, — so as to read as follows : — Any co-operative bank
established under the laws of the commonwealth may within
six years from the effective 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; but no loan shall be made hereunder if thereby the
aggregate of all loans upon real estate by such bank to any
one borrower would exceed eight thousand dollars. Each
loan hereunder 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 mort-
gage shall contain provisions 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 condi-
tion for which the unpaid balance of said loan shall become
due and payable forthwith, at the option of the bank. The
aggregate value of loans made by a bank under this act

Acts, 1936. — Chap. 204. 183

shall at no time be in excess of fifty per cent of the aggre-
gate amount of all loans secured by mortgages of real estate
held by such bank. Approved April 8, 1936.

An Act relative to nomination of candidates for town (Jjidj) 204

OFFICE OTHER THAN THOSE OF POLITICAL OR MUNICIPAL
PARTIES.

Be it enacted, etc., as follows:

Chapter fifty-three of the General Laws is hereby amended g^L. ^Ter. ^^^
by striking out section one hundred and twenty-one, in- etc!, 'amended.'
serted by section three of chapter one hundred and forty-
one of the acts of nineteen hundred and thirty-two, and
inserting in place thereof the following: — Section 121. A nomj"ation"^'
town in which official ballots are used, may at any annual of candidates
meeting vote to hold a town caucus for the nomination of '***
candidates for town officers required to be voted for by
official ballot at its annual meeting and after such vote has
been in effect therein for a period of not less than three
years may, by a vote at a meeting held at least sixty days
before an annual town meeting, rescind such action. Such
caucus shall be called by the selectmen in the same manner
as provided in section one hundred and eighteen for the
calling of other caucuses and shall be called to order by
the town clerk who shall preside until the election of a
chairman. Except as aforesaid, the town clerk shall not
act or serve as a caucus officer. The town in town meeting
may determine whether nominations shall be made sepa-
rately or partly or wholly on one ballot, and may within
the hmits defined by law, prescribe the day and hour when
such caucus shall be held and how long the polls shall be
kept open, and make provision for the preparation and use
of ballots. Such action may be altered, amended or re-
scinded at any future town meeting but shall continue in
effect until so altered, amended or rescinded.

At a town caucus held under the provisions of this section
the two persons receiving the highest number of votes cast
for the nomination of candidates for an office shall be de-
clared nominated for such office ; but, if two or more persons
are to be elected to the same office at such election, the
several persons, to a number equal to twice the number so
to be elected to such office, receiving at such caucus the
highest number of votes, the second highest number of
votes, and so on to the number to be nominated shall be
the candidates whose names shall be printed on the official
ballots to be used at such election. If the caucus results in
a tie vote among candidates for nomination receiving the
smallest number of votes, which, but for the tie vote,
would entitle a person receiving such number to have his
name printed upon the official ballot for the election, all
candidates participating in such tie vote shall have their
names printed upon the official ballots, although there be

184

Acts, 1936. — Chap. 205.

printed upon them the names of candidates to a number
exceeding twice the number to be elected.

If a person receives less than eight per cent of the votes
of those voting for candidates for such office, he shall not
be declared nominated therefor, although thereby the num-
ber of names to be printed upon the official ballots will be
less than twice the number to be elected.

During such time as town caucuses are held under this
section in any town, no political or municipal party caucus
shall be held therein for the nomination of candidates for
town office. The provisions of sections one hundred and
seventeen to one hundred and twenty, inclusive, so far as
applicable, shall apply to caucuses held under this section.

Approved April 8, 1936.

Chap. 205 An Act further regulating the use of voting machines.

G. L. (Ter.
Ed.). 54, § 34.
amended.

Voting
machines,
use of.

G. L. (Ter.
Ed.), 54, § 38,
amended.

Inspection of
voting
machines, etc.

Be it enacted, etc., as follows:

Section 1. Chapter fifty-four of the General Laws is
hereby amended by striking out section thirty-four, as
appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 34- The aldermen of
a city, except Boston, or a town, may, at a meeting held
at least ninety days before the primary or election at which
voting machines are to be used, determine upon and pur-
chase, or lease, one or more voting machines approved as
provided in section thirty-two, and order the use thereof at
primaries and elections of state, city or town officers in
such city or town; and thereafter at all primaries and elec-
tions of state, city or town officers in that city or town,
until otherwise ordered by the aldermen in a city, and the
selectmen in a town, said machines shall be used at prima-
ries and for voting for the officers to be elected at such elec-
tions and for taking the vote upon questions submitted to
the voters. Notice of such determination to use voting
machines or to discontinue the use thereof shall be sent to
the state secretary by the city or town clerk within five
days after such action.

For polling places in which voting machines are to be
used no ballot boxes or ballots shall be furnished.

Section 2. Said chapter fifty-four is hereby further
amended by striking out section thirty-eight, as appearing
in the Tercentenary Edition, and inserting in place thereof
the following : — Section 38. No voting machine shall be
used at a primary or election until it has been inspected and
found to conform to drawings and specifications to be filed
in the office of the state secretary by the ballot law com-
mission with its report on the machine. Such inspection
shall be made by the registrars of voters under the direc-
tion of the state secretary. No ballot box or counting ap-
paratus shall be used at a primary, caucus or election until
it has been inspected and approved under the direction of
the state secretary. Approved April 8, 1936.

Acts, 1936. — Chaps. 206, 207. 185

An Act to discourage belated decisions by justices of Chap. 20Q

THE superior COURT AND OF DISTRICT COURTS.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and twenty of the g. l. (Ter.
General Laws is hereby amended by inserting after section fectl'on ua,^"^
fourteen, as appearing in the Tercentenary Edition, the added.
following new section: — Section I4A. An associate justice Time within
of the superior court, who has reserved his decision in a case deSont'^of "
heard by him without a jury, shall render his decision within {"^*^'*^^| ^^^^^
four months from the date when the hearing was closed, or
within such further time as the chief justice of said court may
grant, upon a request in writing by such justice within said
period, containing a full report of his reasons for not having
rendered his decision and for requesting an extension of
time for rendering his decision. A justice or special justice
of a district court, other than the municipal court of the
city of Boston, who has reserved his decision in a case heard
by him, shall render his decision within a like period, or
within such further time as the presiding justice of the ap-
pellate division of the court in which the case was heard
may grant, upon a like request in writing, made by such
justice or special justice within said period. An associate
or special justice of the municipal court of the city of Boston,
who has reserved his decision in a case heard by him, shall
render such decision within a like period, or within such
further time as the chief justice of said court may grant,
upon a like request in writing, made by such associate or
special justice within said period.

Section 2. This act shall become operative on Septem- Effective
ber first of the current year. Approved April 8, 1936. ^^^^'

An Act providing for an additional question to be qj^q^jj 207
submitted to the voters relative to the sale of ""

alcoholic beverages in package stores, so called.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and thirty-eight of Edo-'iss.^ 11,
the General Laws is hereby amended by striking out sec- etc., "amended,
tion eleven, as appearing in section two of chapter three
hundred and seventy-six of the acts of nineteen hundred
and thirty-three, and inserting in place thereof the follow-
ing:— Section 11. The state secretary shall cause to be Form of
placed on the official ballot used in the cities and towns at be*pia?ed
each biennial state election the following questions: — onbaUot.

L Shall Hcenses be granted in this city (or town) for the
sale therein of all alcoholic beverages (whisky,
rum, gin, malt beverages, wines and all other
alcoholic beverages)?

2. Shall licenses be granted in this city (or town) for the
sale therein of wines and malt beverages (wines
and beer, ale and all other malt beverages)?

YES.

NO.

YES.

YK8.
NO.

186 Acts, 1936. — Chap. 207.

3. Shall licenses be granted in this city (or town) for
the sale therein of all alcoholic beverages in
packages, so called, not to be drunk on the
premises?

The following directions shall be placed on said ballot
immediately above the foregoing questions.

To obtain a full expression of opinion, voters should
vote on all three of the following questions: —

(a) If a voter desires to permit the sale in this city (or
town) of any and all alcoholic beverages to be drunk on and
off the premises where sold, he will vote "Yes" on all three
questions.

(h) If he desires to permit the sale herein of wines and
malt beverages only to be drunk on and off the premises
where sold, he will vote "No" on question one, "Yes"
on question two and "No" on question three.

(c) If he desires to permit the sale herein of all alcoholic
beverages but only in packages, so called, not to be drunk
on the premises where sold, he will vote "No" on questions
one and two and "Yes" on question three.

(d) If he desires to permit the sale herein of wines and
malt beverages to be drunk on and off the premises where
sold and in addition other alcoholic beverages but only in
packages, so called, not to be drunk on the premises where
sold, he will vote "No" on question one and "Yes" on
questions two and three.

(e) If he desires to prohibit the sale herein of any and
all alcoholic beverages whether to be drunk on or off the
premises where sold, he will vote "No" on all three questions.

If a majority of the votes cast in a city or town in answer
to question one is in the affirmative, such city or town shall,
irrespective of the result of the votes in answer to questions
two and three, be taken to have authorized, for the two
calendar years next succeeding, the retail sale in such city
or town of all alcoholic beverages to be drunk on and off
the premises where sold, in accordance with the provisions
of this chapter.

If a majority of the votes cast in a city or town in answer
to questions one and three is not in the affirmative, but a
majority thereof in answer to question two is in the affirma-
tive, such city or town shall be taken to have authorized,
for said calendar years, the retail sale therein of wines and
malt beverages only to be drunk on and off the premises
where sold, in accordance with the provisions of this chapter.

If a majority of the votes cast in a city or town in answer
to question one and to question two is not in the affirmative,
but a majority thereof in answer to question three is in the
affirmative, such city or town shall be taken to have author-
ized, for said calendar years, the retail sale therein of all
alcoholic beverages but only in packages, so called, not to be
drunk on the premises where sold, in accordance with the
provisions of this chapter.

Acts, 1936. — Chap. 207. 187

If a majority of the votes cast in a city or town in answer
to question one is not in the affirmative but a majority thereof
in answer to questions two and three is in the affirmative,
such city or town shall be taken to have authorized, for
said calendar years, the retail sale therein of wines and malt
beverages to be drunk on and off the premises where sold,
and also the sale of all other alcohoHc beverages but only in
packages, so called, not to be drunk on the premises where
sold, in accordance with the provisions of this chapter.

Section 2. Section twelve of said chapter one hundred Ed^iJ8%i2
and thirty-eight, as most recently amended by section one etol. 'amended. "
of chapter four hundred and sixty-eight of the acts of nine-
teen hundred and thirty-five, is hereby further amended
by inserting after the word "licenses" in the sixth line the
words: — under this section, — so that the first paragraph will
read as follows : — A common victualler duly licensed under Licenses,
chapter one hundred and forty to conduct a restaurant, an reguiatwn^if.
innholder duly licensed under said chapter to conduct a
hotel and a keeper of a tavern as defined by this chapter, in
any city or town wherein the granting of licenses under this
section 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 ficensed by the local licensing
authorities, subject to the prior approval of the commission,
to sell to travelers, strangers and other patrons and cus-
tomers not under twenty-one years of age, such beverages
to be served and drunk, in case of a hotel or restaurant
licensee, only in the dining room or dining rooms and in
such other public rooms or areas of a hotel as the local
licensing authorities may deem reasonable and proper, and
approve in writing; provided, that no tavern license shall be
granted to the holder of a hotel license hereunder. Such
sales may also be made, by an innholder licensed hereunder,
to registered guests occupying private rooms in his hotel.
Upon an appHcation for a restaurant license, the local licens-
ing authorities may in their discretion grant such a license
authorizing the sale of alcoholic beverages on all days of
the week or one authorizing such sale on secular days only,
and the decision of such authorities as to which of the two
types may be granted upon any particular application shall
be final. During such time as the sale of such alcoholic
beverages is authorized in any city or town under this chap-
ter, the authority to grant innholders' and common vict-
uallers' licenses therein under chapter one hundred and
forty shall be vested in the local licensing authorities.

Approved April 8, 1936,

188

Acts, 1936. — Chaps. 208, 209.

G. L. (Ter.
Ed.). 206 § 17,
amended.

Chap. 208 An Act providing that money paid for procuring

SURETY ON PROBATE BONDS IN THE CASE OF TRUSTEESHIP
SHALL BE A CHARGE AGAINST PRINCIPAL IN CERTAIN
CASES.

Be it enacted, etc., as follows:

Section seventeen of chapter two hundred and six of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by adding at the end the following: —
and in the case of trusteeship shall be a charge against
principal, except that if and so long as the trust estate shall
consist wholly of real estate the money so paid shall be a
charge against income, — so as to read as follows: — Sec-
tion 17. Money paid with the approval of the judge of
probate to a corporation qualified to act in the common-
wealth in guaranteeing the fidelity of persons and in acting
as surety on bonds, or to any person for acting as surety on
any official bond given to such probate court, may be allowed
as a charge against the estate and in the case of trusteeship
shall be a charge against principal, except that if and so
long as the trust estate shall consist wholly of real estate the
money so paid shall be a charge against incorne.

Approved April 8, 1936.

Expense of
probate bonds
chargeable to
estate in
certain cases.

Chav. 209 An Act relative to bankruptcy auctions and other

AUCTIONS OF SIMILAR TYPE AND RELATIVE TO CERTAIN
FRAUDULENT PRACTICES AT AUCTIONS.

G. L. (Ter.
Ed.), 100, § 1.
amended.

Definitions.

G. L. (Ter.
Ed.), 100, etc.,
new sections
added.
Certain
descriptive
terms used
by auction
establishments,
regulated.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred of the
General Laws, as appearing in the Tercentenary Edition, is
hereby amended by adding at the end thereof the following
new paragraph : —

In this chapter, "auction" or "public auction" shall in-
clude, in addition to sales coming within its ordinary mean-
ing, any sale by public outcry where property is offered first
at a stated price and thereafter successively or gradually at
lower prices until an acceptor or purchaser is found, this
method being commonly known as "down hill selling",
"action sale" or "Dutch auction", and "auctioneer" shall
include any person who personally sells or offers for sale
any property by the above described method.

Section 2. Said chapter one hundred, as amended, is
hereby further amended by adding at the end the four fol-
lowing new sections: — Section 18. No person, except a
licensee under section fourteen, shall conduct or maintain
an establishment wherein is held any auction represented or
advertised by any one of such descriptive terms as "bank-
ruptcy", "insolvent", "creditors'", "receiver's", "trus-
tee's", "assignee's", "removal", "closing out", "selling
out", "going out of business" or "Uquidation", unless he

Acts, 1936. — Chap. 209. ISO

is the holder of a license issued by the licensing authority
of the town where such auction is intended to be held,
authorizing him to conduct or maintain such establishment
for the holding of the auction represented or advertised by
such descriptive term. Every application for such a license
shall contain the name and place of residence of the appli-
cant, a description of the premises whereon the applicant
intends to conduct or maintain such an estabhshment, a
sworn statement of the reasons for and character of the
auction intended to be held and a detailed inventory and
any other information necessary to fully identify the goods,
wares or merchandise intended to be sold at such auction.
Any license issued hereunder may be revoked or suspended,
by the licensing authority which issued it, for any cause
deemed satisfactory by such authority and without a hear-
ing. No goods, wares or merchandise except those de-
scribed in the application shall be sold at such an auction;
and no such licensee shall bring or cause to be brought into
the licensed establishment for the purpose of being sold at
an auction represented or advertised under any one of the
descriptive terms aforesaid, any goods, wares or merchan-
dise not truly described by such term. No person licensed
hereunder shall conduct or maintain such an establishment
in any place other than that set forth in the license. Every
license granted hereunder shall expire sixty days from its
date, and the fee for each such license shall be ten dollars,
which shall accompany the application therefor. No per-
son shall act as auctioneer at any auction at such an estab-
lishment if he knows or has reason to believe that the pro-
visions of this section have not been complied with.

Section 19. No auctioneer, or licensee under section four- Giving of
teen or eighteen, shall sell or offer for sale or give away or to'promote
permit to be sold, offered for sale or given away, in connec- prohibited
tion with or as a part of a public auction, any goods, wares
or merchandise as prize packages, gifts, premiums or bonus,
or otherwise as an inducement to purchase any other goods,
wares or merchandise; and no auctioneer or licensee afore-
said shall, at any public auction, sell, offer for sale or dis-
pose of, or permit to be sold, offered for sale or disposed of,
any goods, wares or merchandise by chance or lot or with-
out first exhibiting to prospective bidders all such goods,
wares or merchandise, including those in packages, bundles
or containers; provided, that the foregoing requirement
relative to the exhibition of the contents of packages, bun-
dles and containers shall not apply in the case of auctions
of unclaimed articles.

Section 20. No auctioneer, or licensee under section four- Conduct of
teen or eighteen, or any other person shall employ or per- fmher^
mit to be employed or allow, directly or indirectly, any regulated.
person to act at any public auction as a "capper", "by-
bidder" or in any like capacity, for the purpose of bidding
up the price of any goods, wares or merchandise offered for
sale, in competition with bona fide bidders, or for the pur-

190

Acts, 1936. — Chap. 210.

pose of encouraging or enticing bona fide bidders to pur-
chase, or stimulating competitive bidding or sales; and no
person shall act in such a capacity at any public auction;
nor shall any person make or accept any false bid to buy,
or pretend to buy or sell, any goods, wares or merchandise
at any public auction.
Penalty. Sectiou 21. Any person who violates any provision of

sections eighteen to twenty, inclusive, or any person li-
censed under section eighteen to conduct or maintain an
auction establishment who is guilty of fraud or deceit in
relation to any auction thereat, shall be punished as pro-
vided in section seventeen; and if the holder of a license
under section two or eighteen is convicted of a violation of
any provision of sections eighteen to twenty, inclusive, or
of this section, such license shall be revoked by the hcensing
authority without a hearing. Approved April 8, 1936.

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

Permits for
sale of milk.

Chap.210 An Act relative to the possession of milk for purposes

OF SALE OR DELIVERY BY PRODUCERS OR DEALERS HAVING
NO PERMITS.

Be it enacted, etc., as follows:

Section forty-three of chapter ninety-four of the General
Laws, as most recently amended by chapter eighty-eight
of the acts of nineteen hundred and thirty-five, is hereby
further amended by inserting after the word "sale" in the
second hne the following: — , or have in his possession with
intent to sell or dehver for sale, — so that the first para-
graph will read as follows: — No producer of or dealer in
milk shall sell or deliver for sale, or have in his possession
with intent to sell or deliver 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 delivery. 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 comply-
ing 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.

Approved April 8, 1936.

Acts, 1936. — Chap. 211. 191

An Act providing an improved method of municipal Chap. 211

PLANNING.

Be it enacted, etc., as follows:

Section 1. Section seventy of chapter forty-one of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, amended.^ ^°'
is hereby amended by adding at the end the following new
paragraph : —

No planning board shall be established under this section Existing
after December thirty-first, nineteen hundred and thirty- boa^dsTo
six, but any such board established under this section or cor- continue.
responding provisions of earlier laws and existing on said
date shall continue until its existence is terminated under
section eighty-one A.

Section 2. Said chapter forty-one is hereby further g. l. (Ter.
amended by striking out section seventy-two, as so appear- amended.
ing, and inserting in place thereof the following : — Section ordinances
72. Cities and towns may make ordinances and by-laws ^'^'^ by-iaws.
for carrying out the purposes of section seventy and of
sections eighty-one A to eighty-one J, inclusive, and they
may appropriate money therefor. The planning board of a
town, established under section seventy or corresponding
provisions of earlier laws, may be authorized by vote of the
town to act as park commissioners therein, and may be
vested with all the powers and duties of park commissioners
in towns.

Section 3. Section seventy-three of said chapter forty- g. l (Ter.
one, as so appearing, is hereby amended by adding at the amend^ed.^ ^^'
end the following new paragraph : —

No board of survey shall be established under this section Existing
after December thirty-first, nineteen hundred and thirty- ^^y^y to
six; but any such board established under this section or continue.
corresponding provisions of earlier laws or by a special act
and existing on said date shall continue until its existence is
terminated under section eighty-one A.

Section 4. Said chapter forty-one is hereby further g. l. (Ter.
amended by inserting after section eighty-one, as so appear- Actions,' °^^
ing, the ten following new sections under the heading im- added.
PROVED method OF MUNICIPAL PLANNING: — Section 81 A. p,g^j^j^i^
Any city and, except as hereinafter provided, any town may boards,
at any time establish a planning board hereunder. Every establishment
town not having any planning board shall, upon attaining a
population of ten thousand, so establish a planning board.
The foregoing provisions hereof shall authorize the estab-
lishment of a planning board hereunder by any city or town
wherein a board of survey is established by special law or
wherein the powers and duties of boards of survey are con-
ferred or imposed by special law upon any other board. A
board established hereunder shall consist of not less than five
nor more than nine members, who in cities shall be appointed
by the mayor, subject to confirmation by the city council,
and in towns shall be elected at the annual town meeting.

192

Acts, 1936. — Chap. 211.

Selectmen
to act in
small towns.

Plans, etc.,
for municipal
development.

Termination
of existing
boards.

When such a board is first estabhshed, its members shall be
elected or appointed for terms of such length and so arranged
that the term of at least one member will expire each year;
and their successors shall be elected or appointed, as in the
case of their respective predecessors, for terms of five years
each. Any member of a board so established in a city may
be removed for cause, after a public hearing, by the mayor,
with the approval of the city council. A vacancy occurring
otherwise than by expiration of term shall be filled for the
unexpired term, if an appointed board, in the same manner
as in the case of an original appointment, or, if an elected
board, as provided in section eleven of chapter forty-one.
Such a board shall elect annually a chairman and a clerk
from its own number, and may employ experts and clerical
and other assistants. It may appoint a custodian of its plans
and records, who may be the city engineer or town clerk.
This section and the nine following sections shall not apply
to the city of Boston.

Towns of less than ten thousand inhabitants, having no
planning board established under this section, may, by vote
of the town meeting, authorize the board of selectmen to
act as a planning board under this section until a planning
board is established; provided, that any such town, upon
attaining a population of ten thousand, shall establish a
planning board hereunder.

The planning board shall from time to time make careful
studies and when necessary prepare plans of the resources,
possibihties and needs of the city or town, and, upon the
completion of any such study, shall submit to the city
council or selectmen a report thereon, with its recommenda-
tions. It shall report annually to the city council or to the
annual town meeting, giving information regarding the con-
dition of the city or town and any plans or proposals for its
development and estimates of the cost thereof, and shall at
the same time furnish a copy of its report to such state
agency as is charged with advisory duties as to municipal
planning. The planning board of a town, established here-
under, may be authorized by vote of a town meeting to act
as park commissioners therein, and may be vested with all
the powers and duties of park commissioners in towns.

Any planning board established under section seventy or
corresponding provisions of earlier laws, and any board of
survey established under section seventy-three or corre-
sponding provisions of earlier laws or by a special act, shall
cease to exist, and, in any town wherein the selectmen are
authorized hereunder to act as a planning board or wherein
the powers and duties of the board of survey are conferred
and imposed upon any other board, such selectmen or
other board shall cease so to act, or to have and exercise
such powers and duties, as the case may be, when the
members of a planning board established under this section
take office, and the officer or person having custody of the
records or plans, or both, of the former board shall turn

Acts, 1936. — Chap. 211.

them over to the officer or person entitled to custody of the,
records and plans of the board established hereunder, ^.

Section 81 B. A planning board established undef^ection Master plan
eighty-one A shall make a master or study plan of such city tawfshed
or town or such part or parts thereof as said board may
deem advisable and from time to time may extend or per-
fect such plan. Such plan shall show, among other things,
existing and desirable proposed public ways, street grades,
public places, bridges and tunnels, approaches to bridges
and tunnels, viaducts, parks, parkways, playgrounds, sites
for public buildings and structures, building and zoning
districts, pierhead and bulkhead lines, waterways, routes of
railroads, buses and ferries, and locations of sewers, water
conduits and other public utilities, and other pertinent fea-
tures of such a plan, including existing private ways. Such
plan shall be made, and may be added to and changed from
time to time, by a majority vote of the planning board, and
shall be a public record.

Section 81 C. Each city or town having a planning board city or town
established under section eighty-one A may, by action of officiaTmap.
its city council or town meeting, adopt an official map, pre-
pared under the direction of the planning board, showing
the public ways and parks therein as theretofore laid out
and established by law and the private ways then existing
and used in common by more than two owners. Such offi-
cial map is hereby declared to be estabUshed to conserve
and promote the public health, safety and general welfare.
Upon the adoption of such a map, and upon any change
therein or addition thereto made as hereinafter provided,
the city or town clerk shall forthwith file with the appro-
priate registry of deeds a certificate of such action and a
copy of such map as adopted or as changed or added to.

A city or town so adopting an official map may, by action changes in
of its city council or town meeting, whenever and as often official map.
as it may deem it for the public interest, change or add to
such map so as to place thereon lines and notations show-
ing existing or proposed locations, not theretofore mapped,
of new or widened public ways and new or enlarged parks,
and proposed discontinuances in whole or in part of existing
or mapped public ways and parks. No such change or
addition shall become effective until after a public hearing
in relation thereto before the city council or a committee
thereof or before the selectmen, at which parties in interest
shall have an opportunity to be heard. At least ten days'
notice of such a public hearing shall be given by advertise-
ment in an official publication of, or in a newspaper of gen-
eral circulation in, the city or town and by mailing a copy
of such advertisement to all owners of property abutting on
such proposed improvement or discontinuance, as appear-
ing upon the most recent tax list. No such change or addi-
tion which has not been previously recommended by the
planning board shall be adopted until after a report thereon
by said board, and no variance from a plan prepared or

194

Acts, 1936. — Chap. 211.

Powers of
selectmen,
etc., not to be
abridged.

Ordinance
to require
development
projects to be
submitted
to board.

Same subject.

approved by the planning board shall be made except by a
two thirds vote of all the members of a city council, or by a
two thirds vote of a town meeting; provided, that the last
mentioned requirement shall be deemed to be waived in
case the matter has been referred to said board for a report
and it has failed to report within thirty days thereafter.

Section 81 D. Sections eighty-one A to eighty-one J, in-
clusive, shall not abridge the powers of the city council or
the selectmen or any other municipal officer in regard to
highways or parks in any manner except as provided therein,
nor shall they authorize the taking of land, nor authorize a
city or town to lay out or construct any way or widening
thereof which may be indicated on such a map until the
same has been laid out as a public way, nor authorize a
city or town to discontinue or close any way or park as
indicated on such a map except in accordance with the
laws governing the same.

Upon final action by the proper authorities in establishing
a public way, or any widening thereof, or any discontinuance
thereof in whole or in part, or in establishing a public park,
or any enlarging thereof, or closing thereof in whole or in
part, the lines and notations showing such improvement,
discontinuance or closing, as so established or effected shall
be made a part of its official map, if there be any.

Section 81 E. A city or town having a planning board
established under section eighty-one A may, by ordinance,
by-law or vote, provide for the reference of any matter or
class of matters to the planning board before final action
thereon, with or without the provision that final action shall
not be taken until the planning board has submitted its
report or has had a reasonable fixed time to submit the same.
The planning board shall have full power to make such
investigations, maps and reports, and recommendations in
connection therewith, relating to the planning and develop-
ment of the city or town, as it deems desirable.

Section 81 F. Every person making a subdivision in any
cit}^ or town having a planning board established under
section eighty-one A, or in any other city or town which
has a board of survey, however established, and accepts
the provisions of this section and the four following sections,
shall submit to such planning board or board of survey,
hereinafter in this section referred to as the board, for ap-
proval a plat of such subdivision and said board shall receive
and pass upon such plat. Each such board shall adopt,
and may from time to time amend, reasonable rules and
regulations, not inconsistent with this section, governing
the submission and approval of such plats. The board
shall cause to be made a detailed record of all its proceedings
relative to such a plat, which record shall, in case the plat
is disapproved, state the reasons therefor. Such record,
immediately following the board's final decision, shall be
filed in its office and shall be a public record. Before ap-
proval of such a plat is given, a public hearing shall be held

Acts, 1936. — Chap. 211. 195

by the board, notice of which hearing shall be given at least
ten days prior thereto, by advertisement in an official publi-
cation of, or in a newspaper of general circulation in, the
city or town, and by mailing a copy of such advertisement
to all owners of property abutting upon the land included
in such plat, as appearing upon the most recent tax list.

The board may thereupon approve, modify and approve, Approval, etc.,
or disapprove such plat, and shall file a certificate of such of projects. ■
action with the city or town clerk. Failure of the board
to take final action regarding a plat submitted to it within
forty-five days after such submission shall be deemed to be an
approval of such plat. In case of approval of a plat by
action of the board, it shall cause to be made thereon a
written endorsement of approval, and, in case of the ap-
proval of a plat by reason of its failure to act, the city or
town clerk shall issue a certificate stating the date of the
submission of the plat for approval, and the fact that the
planning board failed to take final action thereon within
forty-five days after such submission; provided, that such
endorsement shall be made and such certificate issued upon
written request of the person making the subdivision but
not before the expiration of the period provided for court
appeal, if no appeal has been taken, otherwise not before
the rendering of a court decree approving such plat.

Before approval by the board of such a plat, it shall con-
sider and may require such provision of street development
and utilities as in its opinion will justify the subdivision,
with proper bond to secure performance, in accordance with
ordinances or by-laws of the city or town.

Before such approval, the board shall also in proper cases
require that the plat show a park or parks suitably located
for playground or recreation purposes.

In approving such plats, the board shall require that
ways shown thereon shall have proper grades and shall be
of suitable width and suitably located to accommodate the
prospective traffic and to afford adequate light, air and
access, including access of fire fighting equipment, to build-
ings, and to be co-ordinated so as to compose a convenient
system, and that the land shown on such a plat shall be of
such character that it can be used for building purposes
without danger to health. In making such determination
regarding ways, the board shall take into consideration the
prospective character of the development, whether open
residence, dense residence, business or industrial.

After such a plat bearing an endorsement of approval or
accompanied by a certificate as aforesaid has been recorded
in the office of the appropriate registry of deeds, any ways
and parks shown on such plat shall be and become a part
of the official map, if there be any.

The word "subdivision", as used in sections eighty-one F Term

to eighty-one J, inclusive, shall mean the division of a lot, defined^^'""
tract or parcel of land into two or more lots, sites or other
divisions of land in such a manner as to require provision

196

Acts, 1936. — Chap. 211.

Proposed
streets and
other munici-
pal improve-
ments to
appear on
official map.

Building
permits.

Board of
appeals.

for a street for the purpose, whether immediate or future,
of sale or of building development, and shall include re-
subdivision, and, when appropriate to the context, shall re-
late to the process of subdividing or to the land or terri-
tory subdivided. Such approval of subdivision plats in any-
city or town wherein section eighty-one F is in effect shall
be required whether or not the official map is adopted
therein.

Section 81G. No street and no public water supply or
sewer or other municipal utility or improvement in any
public or private way shall be constructed within a subdi-
vision in any city or town wherein section eighty-one F is
in effect, unless such street or way appears on a plat of such
subdivision approved and recorded as provided in said sec-
tion, and no such utility or improvement shall be con-
structed in any public or private way elsewhere than in a
subdivision in any city or town having an official map un-
der section eighty-one C unless such way has been placed
on or made a part of such map.

Section 81 H. No permit for the erection of any dwelling
within a subdivision in a city or town wherein section eighty-
one F is in effect shall be issued unless a way giving access
to such proposed dwelling appears on a plat of such sub-
division approved and recorded as provided in said section,
and no permit for the erection of any dwelling elsewhere
than in a subdivision in any city or town having an official
map under section eighty-one C shall be issued unless a
way giving access to such proposed dwelling has been placed
on or made a part of such map; provided, that if the en-
forcement of the foregoing provisions of this section would
entail practical difficulty or unnecessary hardship and if the
circumstances of the case do not require that the dwelling
be related to a way shown on a plat or to a mapped way,
as the case may be, the board of appeals provided for in
section eighty-one I shall have power by vote of a majority
of its members to issue a permit for the erection of such
dwelling, subject, however, to the provisions of said sec-
tion eighty-one I and section eighty-one J.

Section 811. A city or town wherein section eighty-
one F is in effect shall, by ordinance or by-law, provide for
a board of appeals, which may be the existing board of
appeals under the local building or zoning ordinances or
by-laws. Pending provision for a board of appeals, the
city council or selectmen shall act as a board of appeals.
Any board of appeals newly established hereunder shall
consist of at least three members who shall be appointed
by the mayor subject to the confirmation of the city coun-
cil, or by the selectmen, for terms of such length and so
arranged that the term of one member will expire each
year; and said board shall elect annually a chairman from
its own number and a clerk. Any board so newly estab-
lished may also act as a board of appeals under the local
building or zoning ordinances or by-laws, or both.

Acts, 1936. —Chap. 211. 197

Any member of such a board of appeals may be removed
for cause by the appointing authority upon written charges
and after a pubHc hearing. Vacancies shall be filled for un-
expired terms in the same manner as in the case of original
appointments. Ordinances or by-laws established hereunder
may provide for the appointment in like manner of associ-
ate members of the board of appeals, hereafter in this
section called the board; and in case of a vacancy, inability
to act or interest on the part of a member of the board, his
place shall be taken by an associate member designated by
the chairman.

The board shall adopt rules, not inconsistent with this Rules,
and the preceding section, for conducting its business and
otherwise carrying out the purposes of said sections. Meet-
ings of the board shall be held at the call of the chairman
and also when called in such other manner as it shall deter-
mine in its rules. Such chairman, or in his absence the act-
ing chairman, may administer oaths, summon witnesses and
call for the production of papers. All hearings of the board
shall be open to the public. The board shall cause to be
made a detailed record of its proceedings, showing the vote
of each member upon each question, or, if absent or failing
to vote, indicating such fact, and setting forth clearly the
reason or reasons for its decisions, and of its other official
acts, copies of all of which shall be immediately filed in the
office of the city or town clerk and shall be public records.

Before taking any action under section eighty-one H, the Hearings
board shall give a hearing at which parties in interest shall '^^*°''^ ''°"*^'
have an opportunity to be heard, in person or by agent or
attorney. At least fifteen days' notice of the time and
place of such hearing shall be published in an official pub-
lication of, or in a newspaper of general circulation in, the
city or town. The board may impose reasonable require-
ments as a condition of granting a permit under section
eighty-one H, which requirements shall be designed to pro-
mote the health, convenience, safety and general welfare of
the community and shall inure to the benefit of the city or
town.

Section 81J. Any person, whether or not previously a Appeal to
party to the proceedings, aggrieved by a decision of the ^^p^""'""" '=°"''*-
board of appeals under section eighty-one H, or by any
decision of a planning board or board of survey concerning
a plat of a subdivision, as defined in section eighty-one F,
or its failure to take final action concerning the same within
the required time, or any municipal officer or board, may
appeal to the superior court sitting in equity for the county
in which the land concerned is situated; provided, that
such appeal is filed within fifteen days after such decision is
recorded or within fifteen days after the expiration of the
required time aforesaid. The court shall hear all pertinent
evidence and determine the facts, and, upon the facts so
determined, shall annul such decision if found to exceed the
authority of such board, or make such other decree as jus-

198

Acts, 1936. — Chap. 212.

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

Municipal
appropriations.

G. L. (Ter.
Ed.), 121, § 26,
etc., amended.

Housing
board to
furnish
information.

Effective
date.

tice and equity may require. The foregoing remedy shall
be exclusive, but the parties shall have all rights of appeal
and exception as in other equity cases.

Costs shall not be allowed against the planning board,
board of survey or board of appeals unless it shall appear to
the court that such board acted with gross negligence or in
bad faith or with maHce in making the decision appealed from.

Section 5. Section five of chapter forty of the General
Laws, as amended, is hereby further amended by striking
out clause (28) and inserting in place thereof the following: —

(28) For carrying out sections seventy-three to eighty-
one J, inclusive, of chapter forty-one. Such appropriation
shall be expended by the board of survey or by the planning
board established under section eighty-one A of said chap-
ter and the board of appeals established under section
eighty-one I of said chapter, as the case may be.

Section 6. Section twenty-six of chapter one hundred
and twenty-one of the General Laws, as most recently
amended by section four of chapter four hundred and sev-
enty-five of the acts of nineteen hundred and thirty-five, is
hereby further amended by striking out, in the seventh
line, the letter "L" and inserting in place thereof the letter:
— J, — so as to read as ioWows: — Section 26. The hous-
ing board shall furnish information and suggestions from
time to time to city governments, selectmen and planning
boards, which may tend to promote the purposes of section
twenty-three, and shall call the attention of mayors, city
councils and boards of selectmen to the provisions of sec-
tions seventy to eighty-one J, inclusive, of chapter forty-
one in so far as said sections relate to housing.

Section 7. This act shall take effect January first, nine-
teen hundred and thirty-seven. Approved April 8, 19S6.

Chap. 212 An Act authorizing the quarterly payment of divi-
dends BY STOCK INSURANCE COMPANIES.

Be it enacted, etc., as follows:

Section seventy-two of chapter one hundred and seventy-
five of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by striking out, in the seventh
line, the word "or" and inserting in place thereof a comma,
— and by inserting after the word "semi-annually" in the
same line the words : — or quarterly, — so as to read as
follows : — Section 72. No stock company shall make a
dividend, either in cash or stock certificates, except from
its actual net surplus computed as required by law in its
annual statement, nor shall any such company which has
ceased to do new business divide any portion of its assets,
except surplus, to its stockholders until it shall have per-
formed or cancelled its policy obligations. Any such com-
pany may declare and pay, annually, semi-annually or
quarterly from its surplus, cash dividends to its stockholders

G. L. (Ter.
Ed.), 175, § 72,
amended.

Quarterly
payment of
dividends.

Acts, 1936. —Chap. 213. 199

of not more than ten per cent of its capital stock in a year,
and if the dividends in any year are less than ten per cent
the difference may be made up in any subsequent year
from surplus accumulations; but any such company may
pay such dividend as the directors may consider prudent
out of any surplus remaining after deducting from the
assets all securities and book accounts on which no part of
the principal or interest has been paid within the last year
and for which foreclosure or suit has not been commenced
for collection, or which after judgment obtained thereon
shall have remained more than two years unsatisfied and
on which interest shall not have been paid, and also deduct-
ing all interest due and unpaid on any property of the
company. Approved April 8, 1936.

An Act relative to purchases and sales of securities Cfinj) 213

BY insurance companies. ^'

Be it enacted, etc., as follows:

Section sixty-four of chapter one hundred and seventy- g. l. (Ter.
five of the General Laws, as appearing in the Tercentenary ^mended^' ^ ^^'
Edition, is hereby amended by inserting after the word
"company" in the twentieth line the following: — The
board of directors, or committee thereof, referred to above,
may authorize by vote duly recorded in the books of the
company one or more of the officers of the company to buy
or sell securities between meetings of said board, or com-
mittee, under such restrictions as the board of directors, or
committee, shall deem advisable, and a copy of such au-
thorization shall be filed with the commissioner. All such
purchases and sales shall be reported to the board of di-
rectors, or committee, and recorded in the minutes of their
next meeting, — so that the second paragraph will read as
follows : — No investment, sale or loan, except loans on its investments,
own policies, shall be made which has not first been author- ?*"• ^^

1111 iri- 1 • /• insurance

ized by the board of directors, or by a committee thereof companies.
charged with the duty of investing or loaning the funds of
the company; nor shall any deposit be made in a bank or
banking institution unless such bank or banking institution
has first been approved as a bank of deposit by the board
of directors or said committee thereof, and unless the vote
authorizing such investment, sale or loan or approval of
the place of deposit has been duly recorded in the books of
the company. The board of directors, or committee thereof,
referred to above, may authorize by vote duly recorded in
the books of the company one or more of the officers of the
company to buy or sell securities between meetings of said
board, or committee, under such restrictions as the board of
directors, or committee, shall deem advisable, and a copy
of such authorization shall be filed with the commissioner.
All such purchases and sales shall be reported to the board
of directors, or committee, and recorded in the minutes of
their next meeting. Approved April 8, 1936.

200 Acts, 1936. — Chaps. 214, 215.

Chap. 214: An Act authorizing probate courts to make certain

ALLOWANCES TO MINOR CHILDREN OUT OF THE ESTATE
OF THEIR DECEASED MOTHER.

Be it enacted, etc., as follows:

EdV' iQ^'s 2 Chapter one hundred and ninety-six of the General Laws
etc!, amended. ' is hereby amended by striking out section two, as amended

Allowances

by chapter thirty-six of the acts of nineteen hundred and
thirty-three, and inserting in place thereof the following: —
U)"^dTwr Section 2. Such parts of the personal property of a deceased
and children, persou as the probate court, having regard to all the circum-
stances of the case, may allow as necessaries to his widow
for herself and for his family under her care, or if there is
no widow or if the deceased was a woman, to the minor
children of the deceased, not exceeding one hundred dollars
to any child, and also such provisions and other articles as
are necessary for the reasonable sustenance of his family,
if the deceased was a man, or of her minor children, if the
deceased was a woman, and the use of the house of the de-
ceased and of the furniture therein for six months next suc-
ceeding his or her death, shall not be taken as assets for the
payment of debts, legacies or charges of administration.
After exhausting the personal property, real property may
be sold or mortgaged to provide the amount of allowance
decreed, in the same manner as it is sold or mortgaged for
the payment of debts, if a decree authorizing such sale or
mortgage is made, upon the petition of any party in inter-
est, within one year after the approval of the bond of the
executor or administrator. Approved April 8, 1936.

Chap. 215 An Act relative to the service by registered mail of

NOTICE OF CANCELLATION OF CERTAIN POLICIES OF INSUR-
ANCE BY INSURANCE COMPANIES.

Be it enacted, etc., as follows:

EdVi?"' Section 1. Section one hundred and eighty-seven C of

§ 187C, etc., chapter one hundred and seventy-five of the General Laws,
amended. ^^ amended by chapter thirty-four of the acts of nineteen

hundred and thirty-four, is hereby further amended by in-
serting after the word "prepaid" in the thirteenth line the
words : — or by registered mail, postage prepaid, with a re-
turn receipt of the addressee requested, — so that the first
CanceUation paragraph will read as follows : — A company issuing any
fns^a*nce poUcy of lusurauce which is subject to cancellation by the

policies. company shall effect cancellation by serving the notice

thereof provided by the policy and by pajang or tendering,
except as provided in this and the following section, the full
return premium due thereunder in accordance with its terms
without any deductions. Such notice and return premium,
if any, shall be delivered in hand to the insured, or be left
at his last address as shown by the company's records or,

Acts, 1936. —Chap. 216. 201

if its records contain no such address, at his last business,
residence or other address known to the company, or be
forwarded to said address by registered mail, postage pre-
paid or by registered mail, postage prepaid, with a return
receipt of the addressee requested, and a notice left or for-
warded, as aforesaid, shall be deemed a sufficient notice.
A check of the company or its duly authorized agent shall
be deemed a sufficient tender. The affidavit of any officer,
agent or employee of the company, duly authorized for that
purpose, that such notice has been served and such return
premium, if any, has been paid or tendered, as provided in
this section, shall be prima facie evidence that cancellation
has been duly effected.

Section 2. This act shall become effective on Decem- Effective date.
ber thirty-first, nineteen hundred and thirty-six.

Approved April 8, 1936.

An Act extending the time within which the town of Qhn^ 216

BURLINGTON MAY BORROW MONEY FOR SCHOOL PURPOSES. ^'

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and
sixty-three of the acts of nineteen hundred and thirty-one
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 1 . For the purpose of ac-
quiring land and constructing a senior-junior high school
building, and originally equipping and furnishing the same,
the town of Burlington may borrow from time to time,
within a period of ten years from the passage of this act,
such sums as may be necessary, not exceeding in the aggre-
gate sixty thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Burling-
ton School Loan, Act of 1931. Each authorized issue shall
constitute a separate loan, and such loans shall be paid in
not more than fifteen years from their dates, but no issue
shall be authorized under this act unless a sum equal to an
amount not less than ten per cent of such authorized issue
is voted for the same purpose to be raised by the tax levy of
the year when authorized. Indebtedness incurred under
this act shall be in excess of the statutory limit, but shall,
except as provided herein, be subject to chapter forty-four
of the General Laws, exclusive of the limitation contained
in the first paragraph of section seven thereof, as revised
by chapter three hundred and twenty-four of the acts of
nineteen hundred and twenty-eight.

Section 2. This act shall take effect as of April first in
the current year. Approved April 13, 1936.

202 Acts, 1936. — Chaps. 217, 218, 219.

Chap. 217 An Act authorizing the city of Cambridge to pay an

ANNUITY TO THE WIDOW OF THOMAS J. RILEY AND TO THE
WIDOW OF WILLIAM N. MULLINS.

Be it enacted, etc., as follows:

Section 1. The city of Cambridge shall have the same
authority to pay annuities under the provisions of section
eighty-nine of chapter thirty-two of the General Laws, as
most recently amended by chapter four hundred and sixty-
six of the acts of nineteen hundred and thirty-five, to the
widow of Thomas J. Riley and to the widow of William N.
Mullins, said Riley and Mullins having died as a result of
injuries received while in the performance of duty as mem-
bers of its police department, as though said deaths had
occurred on or after January first, nineteen hundred and
thirty; provided, that after the payment of annuities under
this act no payment shall be made to either of said widows
under the provisions of any other law providing for the pay-
ment of annuities to widows of policemen who are killed
or die from injuries received while in the performance of
duty.

Section 2. This act shall take effect upon its acceptance
during the current year by the city council of said city, sub-
ject to the provisions of its charter.

Approved April 13, 1936.

Chav.^lS An Act redefining the term "temporary or transient
business" in the laws relative to transient vend-
ors.

Be it enacted, etc., as follows:

G. L. (Ter Scction onc of chapter one hundred and one of the Gen-

amended.' ' eral Laws, as appearing in the Tercentenary Edition, is
hereby amended by striking out the second paragraph and
inserting in place thereof the following: —
"Temporary "Temporary or transient business" for the purposes of

busfnels"?* this chapter shall mean and include any exhibition and sale
defined. q£ goods, warcs or merchandise which is carried on in any tent,

booth, building or other structure, unless such place is open
for business during usual business hours for a period of at
least twelve consecutive months.

Approved April 13, 1936.

Chap. 219 An Act authorizing the town of nantucket to pension

ELLEN cox.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging its moral obli-
gation, the town of Nantucket may pay to Ellen Cox, who
for more than thirty years served as a teacher in its public
schools and whose health was impaired by faithful attention

Acts, 1936. — Chaps. 220, 221. 203

to her duties as such, an annual pension of five hundred dol-
lars so long as she lives, payable in equal monthly install-
ments, beginning January first, nineteen hundred and thirty-
six.

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

Approved April 13, 1936.

An Act authorizing town meeting members in the town (Jjid^ 220

OF EASTHAMPTON TO BECOME CANDIDATES FOR RE-ELEC-
TION BY GIVING WRITTEN NOTICE THEREOF TO THE TOWN
CLERK OF SAID TOWN.

Be it enacted, etc., as follows:

Section five of chapter one hundred and seventy-eight of
the acts of nineteen hundred and thirty-three is hereby
amended by inserting after the word "election" in the ninth
line the words: — ; provided, that any town meeting mem-
ber may become a candidate for re-election by giving writ-
ten notice thereof to the town clerk at least thirty days
before the election, — so as to read as follows: — Section 5.
Nomination of candidates for town meeting members to be
elected under this act shall be made by nomination papers,
which shall bear no political designation, but to the name
of a candidate for re-election there may be added the words
"Candidate for Re-election." Nomination papers shall be
signed by not less than ten voters of the precinct in which
the candidate resides, and shall be filed with the town clerk
at least ten days before the election; provided, that any
town meeting member may become a candidate for re-elec-
tion by giving written notice thereof to the town clerk at
least thirty days before the election. No nomination papers
shall be valid in respect to any candidate whose written ac-
ceptance is not thereon or attached thereto when filed.

Approved April 13, 1936.

An Act conferring equity jurisdiction in divorce and Qhnj) 221

SEPARATE SUPPORT PROCEEDINGS OF CAUSES IN EQUITY
BETWEEN HUSBAND AND WIFE.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and eight of the Gen- g. l. (Xer.
eral Laws is hereby amended by striking out section thirty- amended' ^ ^^'
three, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following : — Section 33. The court Procedure
may, if the course of proceeding is not specially prescribed, j.^sty'"'^'^'^
hear and determine all matters coming within the purview
of this chapter according to the course of proceedings in
ecclesiastical courts or in courts of equity, and may issue
process of attachment and execution and all other proper
and necessary processes. In such proceedings the court
shall have jurisdiction in equity of all causes cognizable
under the general principles of equity jurisprudence, arising

204 Acts, 1936. — Chaps. 222, 223.

between husband and wife, such jurisdiction to be exercised
in accordance with the usual course of practice in equity
proceedings.
Effective date. SECTION 2, This act shall bccome effective on September
first of the current year. Approved April 13, 1936.

Chap. 222 An Act further regulating the conducting of the

GAME COMMONLY CALLED " BEANO ".

Be it enacted, etc., as follows:

Ed ^,'271?' Section twenty-two A of chapter two hundred and sev-

§ 22A. etc., enty-one of the General Laws, as amended by chapter three
amen e . hundred and seventy-one of the acts of nineteen hundred

and thirty-four, is hereby further amended by adding at
the end thereof the following new paragraph : —
J'indu^cTgame ^ hccnse SO granted shall not authorize said game called
called "beano", bcauo, or Substantially the same game under another name,
to be conducted thereunder if any prize of more than one
hundred dollars in value is offered or awarded or if the
licensee thereunder fails within five days after the close of
the game to file with the mayor of the city or the select-
men of the town in which such game was conducted a
statement of the total proceeds and expenses thereof and of
the amount of the proceeds donated to the purposes afore-
said, stating the name and address of the recipient of such
donation. Every such statement shall be made under oath
and shall be open to public inspection. Any such licensee
who fails to exercise exclusive control and management of
any such game, and any organization so licensed which fails
to have one of its members in good standing in full control
and management of the game at all times during its opera-
tion, shall be punished by a fine of not more than fifty
dollars. No license under this section shall be granted ex-
cept to a charitable, civic, educational, fraternal or religious
organization. Approved April 14, 1936.

Chap. 223 An Act increasing the amount of pension which may

BE PAID TO RETIRED PUBLIC SCHOOL JANITORS IN CERTAIN
CITIES AND TOWNS.

Be it enacted, etc., as follows:

EdV 32^^44. Section forty-four of chapter thirty-two of the General
etc., 'amended. Laws, as most recently amended by section one of chapter
two hundred and eighty-five of the acts of nineteen hundred
and thirty-four, is hereby further amended by striking out,
in the fourth fine, as appearing in chapter one hundred and
thirty-five of the acts of nineteen hundred and thirty-four,
the word "have" and inserting in place thereof the word: —
has, — and by striking out, in the fifteenth line, as so appear-
ing, the words "five hundred" and inserting in place thereof
the words: — seven hundred and fifty, — so as to read as fol-

Acts, 1936. — Chap. 224. 205

lows: — Section 4 Jf. The school committee, official, board ^^j.'^^^^^^^j
or other body having control of janitors employed in the janitors.
public schools of any city or town which accepts this sec-
tion, as provided in the following section, or has accepted
corresponding provisions of earlier laws, may retire, with
an annual pension, any janitor so employed who has reached
the age of sixty, after completing a service of not less than
twenty-five years, and is physically incapacitated, and any
janitor so employed, who has completed a service of not less
than fifteen years, and is physically incapacitated by reason
of injury received in the performance of his duties for such
city or town. The pension shall be one half the compensation
to which the pensioner would have been entitled for full em-
ployment during the last year of his service, but not more
than seven hundred and fifty dollars a year, and shall be
payable out of the appropriation for the support of public
schools, maintenance of school buildings or payment of
janitors.

No school janitor whose employment begins after Decem-
ber thirty-first, nineteen hundred and thirty-seven, shall be
subject to the provisions of this section.

Approved April 17, 1936.

An Act relative to appropriations for school pur-
poses IN THE CITY OF BOSTON AND TO CERTAIN STATUTORY
TAX AND SCHOOL APPROPRIATION LIMITS FOR SAID CITY,
AND MAKING APPLICABLE TO SAID CITY THE GENERAL PRO-
VISIONS OF LAW RELATIVE TO MUNICIPAL INDEBTEDNESS.

Be it enacted, etc., as follows:

Section 1. Section fifty-three of Part I of chapter four
hundred and ninety of the acts of nineteen hundred and
nine, as amended, and as affected by section two of chapter
two hundred and sixty-seven of the Special Acts of nineteen
hundred and sixteen, and all other acts and parts of acts
imposing any tax limit in said city, and also so much of
chapter two hundred and six of the Special Acts of nineteen
hundred and nineteen, as amended, and so much of any
other act or acts as imposes any limitation upon the amount
of appropriations that may be made by the school com-
mittee of said city, are hereby repealed.

Section 2. The school committee of the city of Boston
may annually, beginning with the financial year nineteen
hundred and thirty-six, by vote of four fifths of all its mem-
bers, taken by yeas and nays, make appropriations to be
raised by taxation as follows:

a. For the construction and furnishing of new school
buildings, both temporary and permanent, including the
taking of land therefor, and for school yards and the pre-
paring of school yards for use, and for rent of hired school
accommodations, a sum which shall not exceed fifty cents
on each one thousand dollars of the average of the assessors'

Chap.224:

206 Acts, 1936. — Chap. 224.

valuations for the three preceding years, such vakiations
being reduced by abatements granted up to December
thirty-first of the preceding year.

h. For the alteration and repair of school buildings and
for furniture, fixtures, and means of escape in case of fire,
and for fire protection of existing buildings, and for improv-
ing existing school yards, a sum which shall not exceed
eighty-five cents on each one thousand dollars of the aver-
age of the assessors' valuations for the three preceding years,
such valuations being reduced by abatements granted up
to December thirty-first of the preceding year.

c. For all other school purposes, the sum of fifteen million
one hundred and sixty thousand dollars.

Unexpended appropriation balances may be reappropri-
ated for their respective purposes; and, in addition to the
said sum of fifteen million one hundred and sixty thousand
dollars, an amount equal to the money that may be given,
and the income collected, for school purposes, as estimated
by said committee, may be appropriated for the purposes
of paragraph c.

Nothing in this section shall prevent the mayor, on request
of the school committee, from recommending and the city
council from passing additional appropriations for school
purposes.

Section 3. The votes of the school committee of said
city making appropriations as aforesaid shall have the same
force and effect as orders or votes of the city council thereof
appropriating money, and shall be subject to the same pro-
visions of law in respect to approval by the mayor, except
that a vote of four fifths of all the members of the school
committee, taken by yeas and nays, shall be necessary to
pass such appropriations over the veto of the mayor.

All appropriations to be raised by taxation made by the
school committee of said city shall be certified by said com-
mittee to the board of assessors thei-eof not later than May
first in each j^ear and the assessors shall include the same in
the levy of that year.
G-^L.^Ten Section 4. Chapter forty-four of the General Laws is

amended. " hereby amended by striking out section two, as appearing
in the Tercentenary Edition, and inserting in place thereof
^ d'"b"dn s ^^^ following : — Section 2. Except as otherwise expressly
reguiated.*^^ ' permitted by law, cities and towns shall incur debts only
in the manner of voting and within the limitations as to
amount and time of payment prescribed in this chapter;
but this section shall not be construed as prohibiting any
city, town or district from placing additional restrictions,
consistent with this chapter, upon the manner of incurring
debt, nor as affecting the right of any city, town or district
to incur debt under any special act which has or shall become
effective after January first, nineteen hundred and twenty-
one, or at any time in the case of debt of the city of Boston
for tunnel or transit purposes; but no debt may be author-
ized under a special act except by a two thirds vote, unless

Acts, 1936. — Chap. 224. 207

the act so provides. All provisions of law providing for
sinking funds for the payment of debt of the city of Boston
incurred for transit or tunnel purposes shall continue to be
applicable to said debt.

Section 5. Section seven of said chapter forty-four, as g. l. (Xer.
so appearing, and as affected by chapter one hundred and ^ttl'ameidld.
sixty-four of the acts of nineteen hundred and thirty-one, is
hereby amended by striking out, in the third hne, the words
"as to" and inserting in place thereof the words: — for the
purposes set forth in, — by inserting after the word "cents"
in the fifth line the words: — , or in the case of Boston ten
cents, — by inserting after the word "but" in the thirty-
eighth line the words: — , except in Boston, — and by in-
serting after clause (12) the following two new clauses: —
(13) In Boston, for acquiring ferry, fire, institutional or
poUce boats, fifteen years. (14) In Boston, for traffic signal,
fire alarm or poHce communication installations, ten years,
— so as to read as follows : — Section 7. Cities and towns Purposes
may incur debt, within the limit of indebtedness prescribed munldpaiiues
in section ten, for the following purposes, and payable within ^?i'^-^i^°'"^°"'
the periods hereinafter specified, but, except for the purposes debt limit,
set forth in the eleventh clause, no loan shall be authorized
in any year under any one of the following clauses unless a
sum equal to twenty-five cents, or in the case of Boston ten
cents, on each one thousand dollars of the assessed valuation
of the city or town for the preceding year has been appro-
priated from available revenue funds or voted to be raised
by taxation for the purposes set forth in such clause in the
year when the loan is authorized :

(1) For the construction of sewers for sanitary and sur-
face drainage purposes and for sewage disposal, thirty years.

(2) For acquiring land for public parks or playgrounds or
public domain under chapter forty-five, thirty years; but no
indebtedness incurred for public domain shall exceed one
half of one per cent of the last preceding assessed valuation
of the city or town.

(3) For acquiring land for any purpose for which a city
or town is or may hereafter be authorized to acquire land,
not otherwise specifically provided for; for the construction
of buildings which cities or towns are or may hereafter be
authorized to construct; or for additions to such buildings
where such additions increase the floor space of said build-
ings, including the cost of original equipment and furnishings
of said buildings or additions, twenty years.

(4) For the construction of bridges of stone or concrete or
of iron superstructure, twenty years.

(5) For the original construction of public ways or the
extension or widening thereof, including land damages and
the cost of pavement and sidewalks laid at the time of said
construction, or for the construction of stone, block, brick
or other permanent pavement of similar lasting character
under specifications approved by the department of public
works, ten years.

208

Acts, 1936. — Chap. 224.

G. L. (Ter.
Ed.), 44, § 10,
amended.

Debt
limit.

(6) For macadam pavement or other road material under
specifications approved by the department of pubhc works,
or for the construction of sidewalks of brick, stone or con-
crete, five years.

(7) For the construction of walls or dikes for the protec-
tion of highways or property, ten years.

(8) For the purchase of land for cemetery purposes, ten
years.

(9) For the cost of additional departmental equipment,
five years; but, except in Boston, each department shall be
considered separately in determining the amount that must
be provided from revenue funds or^. proceeds of taxation be-
fore such indebtedness may be incurred.

(10) For connecting dwellings or other buildings with
common sewers, when the cost is to be assessed in whole or
in part on the abutting property owners, five years.

(11) For the payment of final judgments rendered after
the fixing of the tax rate for the current year, one year.

(12) For the establishing of pubhc airports, including the
acquiring of land, grading and constructing suitable surface
on such field, the construction of necessary buildings and the
original equipment and furnishing of same, ten years. The
proceeds of indebtedness incurred hereunder may be expended
for the establishment of such an airport jointly by two or
more municipalities.

(13) In Boston, for acquiring ferry, fire, institutional or
police boats, fifteen years.

(14) In Boston, for traffic signal, fire alarm or police com-
munication installations, ten years.

Debts may be authorized under this section only by a two
thirds vote.

Section 6. Section ten of said chapter forty-four, as so
appearing, is hereby amended by adding at the end thereof
the following: — In determining the debt limit for Boston
hereunder the provisions of chapter ninety-three of the acts
of eighteen hundred and ninety-one and of section one of
chapter one hundred and ninety-one of the acts of nineteen
hundred and three shall apply, — so as to read as follows : —
Section 10. Except as otherwise authorized by law, a city
shall not authorize indebtedness to an amount exceeding two
and one half per cent, and a town shall not authorize indebt-
edness to an amount exceeding three per cent, on the average
of the assessors' valuations of the taxable property for the
three preceding years, the valuations being first reduced by
the amount of all abatements allowed thereon previous to
December thirty-first of the preceding year; provided, that
the value of motor vehicles taxable under chapter sixty A,
as determined thereunder, shall be used in determining the
valuation of taxable property for the purposes of this section.
All debts, except those expressly authorized by law to be in-
curred outside the debt hmit, shall be reckoned in determining
its limit of indebtedness under this section. In determining
the debt limit for Boston hereunder the provisions of chapter

Acts, 1936. — Chap. 224. 209

ninety-three of the acts of eighteen hundred and ninety-one
and of section one of chapter one hundred and ninety-one
of the acts of nineteen hundred and three shall apply.

Section 7. Section eleven of said chapter forty-four, as g. l. (Xer.
so appearing, is hereby amended by striking out, in the first ^mended.^ ^^'
line, the words ", except Boston", — so as to read as fol-
lows : — Section 1 1 . Cities, towns and districts may pay or Earlier pay-
provide for the payment of any debt at an earlier period than ™^°*' °^ '*®^*^^-
is required by this chapter or may appropriate money for
the purchase and cancellation of outstanding indebtedness,
and shall not refund any debt except as provided in section
seventeen; and cities, towns and districts may, for the pur-
pose of reducing the whole debt for the redemption of which
sinking funds have been established by cities or towns prior
to May twenty-eighth, nineteen hundred and thirteen, and
by districts prior to March twentieth, nineteen hundred and
fifteen, or of reducing the amount to be raised by taxation for
such funds, add to any such sinking fund the excess of any
appropriation over the amount required for the purpose
thereof, or add to such funds any sums derived from taxation
or from other sources not required by law to be expended
otherwise.

Section 8. Section twelve of said chapter forty-four, as g. l. (Ter.
so appearing, is hereby amended by striking out, in the amendeli.^ ^^'
first line, the words ", except Boston", — so as to read as
follows: — Section 12. A city, which, at a meeting of its indebtedness
voters held for that purpose, has accepted, by a vote of two p°urpo^slY.
thirds of the legal voters voting thereon, any act to supply
the city with water, may, by a two thirds vote, incur debt
and issue bonds or notes for the purposes and to the extent
authorized by such act, in the manner provided in, and
subject to the provisions of, section nineteen.

Section 9. Section twenty-two of said chapter forty- g.l. (Ter. ^
four, as so appearing, is hereby amended by striking out, in ameAde^d. ^"'
the second line, the words ", except Boston,", — so as to
read as follows : — Section 22. All bonds, notes and other Rate of
securities issued by cities or towns shall bear such rate of '° ^^^^ '
interest as may be fixed by the city or town treasurer, with
the approval of the mayor or selectmen, notwithstanding
any general or special provision of law enacted prior to
April twenty-second, nineteen hundred and twenty.

Section 10. Section sixteen of said chapter forty-four, g. l. (Ter.
as so appearing, is hereby amended by striking out the last amende^d. ^^'
sentence.

Section 11. The provisions of sections four to ten, Application
inclusive, shall not apply to debt in the city of Boston author- sectloM."
ized prior to the effective date of this act whether or not
issued.

Section 12. This act shall take effect upon its passage.

Approved April 18, 1936.

210

Acts, 1936. — Chaps. 225, 226.

Emergency
preamble.

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

Hours during
which premises
may be open.

Chap. 22b An Act relative to sales of alcoholic beverages by

PACKAGE stores, SO CALLED, ON LEGAL HOLIDAYS AND
THE PRECEDING EVENINGS.

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. Section fifteen of chapter one hundred and
thirty-eight of the General Laws, as amended, is hereby fur-
ther amended by striking out the last sentence and inserting
in place thereof the following: — Any holder of a license under
this section shall be permitted to make sales in accordance
with the terms of his license at any time between eight o'clock
ante meridian and eleven o'clock post meridian, or between
eight o'clock ante meridian and half past eleven o'clock post
meridian on any day immediately preceding a legal holiday,
except when prohibited by section thirty-three.

Section 2. Section thirty-three of said chapter one hun-
dred and thirty-eight, as amended, is hereby further amended
by striking out the last sentence and inserting in place thereof
the following: — No holder of a tavern license shall sell any
alcoholic beverages on Sundays, no other licensee under sec-
tion twelve shall sell any such beverages on Sundays before
one o'clock post meridian, no registered pharmacist acting
under section twenty-nine and no licensee under section
thirty A shall sell any alcoholic beverages or alcohol without
a prescription on Sundays or legal holidays, no licensee under
section fifteen shall sell or deliver any alcoholic beverages on
Sundays or on May thirtieth. Thanksgiving day or Christ-
mas day or on the day following when May thirtieth or
Christmas day occurs on Sunday, or on any other legal holi-
day before one o'clock post meridian or after six o'clock post
meridian and no licensee under any other section of this
chapter for the sale of alcoholic beverages not to be drunk on
the premises shall sell or deliver any such beverages or alco-
hol on Sundays or legal holidays.

Approved April 18, 1936.

G. L. (Ter.
Ed.), 138, § 33,
etc., amended.

Sales regu-
lated.

Chap. 226 An Act relative to town meeting members in the town

OF WELLESLEY.

Be it enacted, etc., as follows:

Section 1. Section two of chapter two hundred and two
of the acts of nineteen hundred and thirty-two is hereby
amended by striking out, in the eighth to eleventh lines,
inclusive, the words ''other than the officers designated in
the by-laws of the town as town meeting members ex officiis,
as authorized by section four,", — by inserting after the word
"total" in the fifteenth line the word: — "elected", — by
striking out in the twenty-fourth and twenty-fifth lines the

Acts, 1936. — Chap. 226. 211

words "one third of the number of elected town meeting
members to which such precinct is entitled" and inserting in
place thereof the words : — such number of elected town
meeting members as are necessary to provide for such pre-
cinct the total number of elected town meeting members to
which it is then entitled, — and by adding at the end the
following new paragraph: — The number of elected town
meeting members to which each precinct is entitled for the
ensuing year shall be determined by the town clerk between
January fifteenth and January twentieth of each year and
shall be proportionate to the number of registered voters on
January fifteenth of that year, — so as to read as follows: —
Section 2, The registered voters of each precinct in said
town shall, at the next ensuing annual town election held
after the acceptance of this act, and the registered voters of
any precinct affected by any revision of precincts shall at
the first annual town election following such revision, and
conformably to the laws relative to elections not inconsistent
with this act, elect by ballot from residents of the precinct
town meeting members, to the largest number which is di-
visible by three and which will make the representation of
such precinct in the approximate proportion which the num-
ber of registered voters therein bears to the total number of
registered voters in the town, and which will cause the total
elected membership to be as nearly two hundred and forty
as may be. 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 such elec-
tion; and thereafter except as herein provided, at each an-
nual town election the registered voters of each precinct shall,
in like manner, elect as town meeting members for the term
of three years, such number of elected town meeting members
as are necessary to provide for such precinct the total num-
ber of elected town meeting members to which it is then
entitled, and shall, at such election, fill for the unexpired
term or terms any vacancies then existing in the number of
town meeting members in such precinct.

In the case of a tie vote which affects the election of town
meeting members in any precinct otherwise than as to term
of office, the members elected from such precinct at the same
election shall, by a majority vote, determine which of the
voters receiving such tie vote shall serve as town meeting
members from such precinct, and in case of a tie vote affect-
ing the term of office of members elected, the members
elected from such precinct at the same election other than
those whose terms of office are affected by such tie vote,
shall, by a majority vote, determine which member receiv-
ing such tie vote shall serve for the longer and which for the
shorter term.

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

212 Acts, 1936. — Chap. 226.

The number of elected town meeting members to which
each precinct is entitled for the ensuing year shall be deter-
mined by the town clerk between January fifteenth and Jan-
uary twentieth of each year and shall be proportionate to
the number of registered voters on January fifteenth of that
year.

Section 2. Section four of said chapter two hundred and
two is hereby amended by striking out, in the fifth Hne, the
words "at large" and inserting in place thereof the words:
— ex officiis, — and by inserting after the word "fiUng" in
the twenty-sixth line the following new sentence : — Any
elected town meeting member who becomes by appointment
or election one of the officers designated as town meeting
members ex officiis shall thereupon cease to be an elected
town meeting member, — so as to read as follows : — Sec-
tion 4- Any representative town meeting held under the
provisions of this act, except as otherwise provided herein,
shall be limited to the town meeting members elected under
section two, together with such town meeting members ex
officiis as may be provided for by the by-laws of the town,
and authority to adopt such by-laws is hereby conferred.

The town clerk shall notify the town meeting members of
the time and place at which representative town meetings
are to be held, the notices to be sent by mail at least seven
days before the meeting. The representative town meeting
shall be the judges of the election and qualifications of the
elected members thereof. A majority of the town meeting
members shall constitute a quorum for doing business; but
a less number may organize temporarily and may adjourn
from time to time, but no town meeting shall adjourn over
the date of an election of town meeting members. All town
meetings shall be pubfic. The town meeting members as
such shall receive no compensation. Subject to such condi-
tions as may be determined from time to time by the mem-
bers of the representative town meeting, any registered voter
of the town who is not a town meeting member may speak
at any representative town meeting, but shall not vote. A
town meeting member may resign by filing a written resig-
nation with the town clerk, and such resignation shall take
effect on the date of such filing. Any elected town meeting
member who becomes by appointment or election one of the
officers designated as town meeting members ex officiis shall
thereupon cease to be an elected town meeting member. A
town meeting member who removes from the town shall
cease to be a town meeting member, and a town meeting
member who removes from the precinct from which he was
elected to another precinct may serve only until the next
annual town meeting.

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

Approved April 18, 1936.

Acts, 1936. — Chap. 227. 213

An Act relative to the penalty for unlawfully (JJiav 227

CARRYING DANGEROUS WEAPONS.

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

Be it enacted, etc., as follows:

Section 1. Section ten of chapter two hundred and g- l (Jer
sixty-nine of the General Laws, as amended by chapter two etc'.'ameAded. '
hundred and ninety of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out, in
the fourteenth line, the word "five" and inserting in place
thereof the word : — ten, — and by inserting after the word
"prison" in the fifteenth line the words: — or for not more
than two and one half years in a jail or house of correction
except that, if the court finds that the defendant has not
been previously convicted of a felony, he may be punished
by a fine of not more than fifty dollars, — so as to read as
follows: — Section 10. Whoever, except as provided by Penalty for
law, carries on his person, or carries on his person or under c^rrj^ng^^
his control in a vehicle, a pistol or revolver, loaded or un- dangerous
loaded, without permission under section one hundred and ^®^p°°^*
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 disturbance of the public
peace, is armed with, or has on his person, or has on his per-
son or under his control in a vehicle, a billy or dangerous
weapon other than those herein mentioned, shall be pun-
ished by imprisonment for not less than two and one half
years nor more than ten years in the state prison or for not
more than two and one half years in a jail or house of cor-
rection except that, if the court finds that the defendant has
not been previously convicted of a felony, he may be pun-
ished by a fine of not more than fifty dollars, or whoever,
except as provided by law, possesses a machine gun as
defined in section one hundred and twenty-one of chapter
one hundred and forty, without permission under said sec-
tion one hundred and thirty-one shall be punished by im-
prisonment in the state prison for life 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 car-
rier 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.

214 Acts, 1936. — Chaps. 228, 229.

of'act''^*'"" Section 2. This act, except so much thereof as permits

a sentence of imprisonment in the state prison for more
than five years, shall apply in the case of any offence com-
mitted subsequently to the effective date of chapter two
hundred and ninety of the acts of nineteen hundred and
thirty-five and prior to the effective date of this act.

Approved April 18, 1936.

Chap. 228 An Act relative to the removal of prisoners to county

INDUSTRIAL FARMS.

Be it enacted, etc., as follows:

Ed.), i26T'§ 37, Section thirty-seven of chapter one hundred and twenty-
amended, gjjj Qf ^jjg General Laws, as appearing in the Tercentenary
Edition, is hereby amended by striking out, in the second
and third lines, the words "the opinion of the commis-
sioners" and inserting in place thereof the words: — his
kidu° trial °° opinion, — so as to read as follows : — Section 37. On the
farms. requcst of said commissioners, the sheriff of the county shall

remove to said farm such prisoners as in his opinion can
advantageously be employed thereon in carrying out sec-
tions thirty-five and thirty-six, and on the order of the said
commissioners the sheriff shall return any prisoner to the
jail or house of correction from which he was taken, or to
which he was sentenced. The superintendents of industrial
farms shall have the custody of all prisoners removed thereto,
and a prisoner who escapes or attempts to escape therefrom
shall be punished therefor by imprisonment in a jail or house
of correction for not more than one year. Permits to be at
liberty shall be issued to the inmates of county industrial
farms and revoked in the manner provided by law for the
issuance or revocation of permits to prisoners in jails and
houses of correction. Approved April 18, 1936.

Chap. 22^ An Act establishing the salary of the clerk of the

DISTRICT COURT OF PEABODY.

Be it enacted, etc., as follows:

Ed.), 218,'^ § 80, Section 1. Section eighty of chapter two hundred and
etc., amended, eighteen of the General Laws, as amended by section two
of chapter three hundred and sixty-six of the acts of nine-
teen hundred and thirty-five, is hereby further amended by
inserting after the word "Essex" in the eleventh line, as
appearing in the Tercentenary Edition, the words: — , the
district court of Peabody, — and also by striking out the
sentence added by said section two of said chapter three
cierkrof"' hundred and sixty-six, — so as to read as follows : — Sec-
uictMmtl. ^^^^ ^0. The salary of the clerk of the municipal court of the
Charlestown district shall be equal to seventy-five per cent
of the salary established for the justice of said court, and the
salary of the first assistant clerk shall be equal to seventy-
five per cent, and the salary of the second assistant clerk

Salaries of

Acts, 1936. — Chaps. 230, 231. 215

shall be equal to sixty-six and two thirds per cent, of the
salary of said clerk. The salary of the clerk of the municipal
court of the South Boston district shall be equal to seventy-
five per cent of the salary established for the justice of said
court, and the salary of the assistant clerk shall be equal to
seventy-five per cent of the salary of said clerk. The salaries
of the clerks of the first district court of Barnstable, the sec-
ond district court of Essex, the district court of Peabody
and the second, third and fourth district courts of Plymouth
shall be equal to seventy-five per cent of the salaries estab-
lished for the justices of their respective courts.

Section 2. This act shall take effect upon its acceptance Acceptance
during the current year by the county commissioners of ° '^^ '
Essex county. Approved April 18, 1936.

An Act authorizing the assistant clerks of the mu- C/ia/?. 230

NICIPAL COURT OF THE CITY OF BOSTON TO CONTINUE IN
office IN CERTAIN CASES.

Be it enacted, etc., as follows:

Section fifty-three of chapter two hundred and eighteen of ^^ ^ • 2ii^\ ^s,
the General Laws, as appearing in the Tercentenary Edition, amended.'
is hereby amended by inserting after the first paragraph the
following new paragraph : —

\-- Upon the death, resignation or removal of either of said Assistant
clerks offsaid court, the assistant clerks appointed by him tinue^inVffice
and then in office may continue to act until their successors casel'!*^''*
are qualified. Approved April 18, 1936.

An Act subjecting the office of inspector of wires of nhn^ oqi

THE city of BEVERLY TO THE CIVIL SERVICE LAWS. ^'

Be it enacted, etc., as follows:

Section 1. The office of inspector of wires of the city of
Beverly shall, upon the date of acceptance of this act, be-
come subject to the civil service laws and rules and regula-
tions, and the term of office of any incumbent thereof shall
be unlimited, subject, however, to said laws, 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 Beverly at the biennial
state election in the current year, in the form of the follow-
ing 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-
six entitled 'An Act subjecting the Office of Inspector of
Wires of the City of Beverly 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 April 18, 1936.

216 Acts, 1936. — Chaps. 232, 233, 234.

Chap. 232 An Act placing under the civil service laws the

OFFICE OF CHIEF OF POLICE OF THE TOWN OF WESTFORD.

Be it enacted, etc., asfolloivs:

Section 1. The office of chief of police of the town of
Westford 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 police officers
in towns, and the tenure of office of any incumbent of said
office shall be unlimited, subject, however, to such laws;
provided, that the present incumbent of said office may
continue to serve therein without taking a civil service
examination.

Section 2. This act shall be submitted to the voters of
said town at the next annual meeting 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-six, entitled 'An Act
placing under the civil service laws the office of chief of
police of the town of Westford ', 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 April 18, 1936.

Chap.2SS An Act authorizing the city of taunton to sell and

CONVEY CERTAIN LAND.

Be it enacted, etc., as follows:

Section 1. The city of Taunton, by its proper authorities,
is hereby authorized to sell and convey any portion of the
land in said city recently acquired by it by deed from the
Riverside Corporation.

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

Approved April 18, 1936.

Chap. 2S4: An Act further regulating the marking of range

BOILERS.

Be it enacted, etc., asfolloivs:

Ed^" ill'^i 17 Chapter one hundred and forty-two of the General Laws

amended.' ' is hereby amended by striking out section seventeen, as

appearing in the Tercentenary Edition, and inserting in

Marking of place thereof the following: — Section 17. No range boiler

range boilers. q\^qW. be sold Or offered for sale unless its capacity, in terms

of Massachusetts standard liquid measure, and the maker's

business name, are plainly stamped thereon in the metal.

Approved April 18, 1936.

Acts, 1936. — Chaps. 235, 236. 217

An Act authorizing the town of scituate to pay a sum Chap.2S5
OF money to henry t. cole for certain work and
materials.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral obli-
gation, the town of Scituate is hereby authorized to pay to
Henry T. Cole of said town a sum not to exceed eight thou-
sand dollars for work and materials furnished to said town
in connection with a contract or contracts for making fill on
the waterfront side of Front street in said town.

Section 2. This act shall be submitted to the registered
voters of said town at the annual town meeting in the year
nineteen hundred and thirty-seven in the form of the fol-
lowing question, which shall be placed on 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 nine-
teen hundred and thirty-six entitled 'An Act authorizing
the Town of Scituate to pay a sum of Money to Henry T.
Cole for Certain Work and Materials', be accepted?" If a
majority of the votes cast thereon are in the affirmative this
act shall thereupon take effect, but not otherwise.

Section 3. If the vote on section two is in the affirma-
tive, the vote for the money to be appropriated must be
taken at an annual town meeting.

Approved April 21, 1936.

Chap.2SQ

An Act facilitating the counting and tabulating of
preferential votes for party candidates for presi-
DENT.

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

Be it enacted, etc., asfolloivs:

Election officers in the party primary of April twenty-
eighth in the current year, in counting and tabulating the
votes showing the voters' preference for president under
chapter one hundred and four of the acts of the current year,
shall disregard the omission or inaccuracy of initials, the
omission, inaccuracy or misspelling of Christian names, and
the misspelling of surnames, if the intent of the voter to
express a preference for any particular individual can be
ascertained. Approved April 22, 1936.

218 Acts, 1936. — Chap. 237.

Chap. 2^1 A-N Act incorporating the staley college of the spoken

WORD AND AUTHORIZING SAID CORPORATION TO GRANT CER-
TAIN DEGREES.

prTambiT^ TF/ieretts, 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. Delbert M. Staley, Hilding C. Lawson, John
B. Nunes, Emily E. Staley, Samuel M. Lindsay, James D.
Glunts and M. Edward Borders, and their successors, are
hereby made a corporation by the name of The Staley Col-
lege Of The Spoken Word, for the purposes hereinafter
named. Said incorporators and their successors shall con-
stitute the board of trustees of the corporation, which shall
not exceed seven in number, and the membership of the cor-
poration shall be limited to said trustees. At least four of the
trustees shall be graduates of the Staley College Of The
Spoken Word, incorporated under the provisions of an act
of congress establishing a code of law for the District of Co-
lumbia, or of the college incorporated by this act. The cor-
poration is hereby empowered to take over the properties of
the Staley College Of The Spoken Word, incorporated under
the provisions of said act of congress, which are situated in
the town of Brookline in this commonwealth.

Section 2. The purposes of said corporation shall be to
furnish instruction in the art and science of the spoken word,
and to include in its courses all subjects, which, in the opinion
of the majority of the board of trustees, are relatively con-
nected, necessary, desirable or proper for perfection in
oratory. For said purposes it may appoint teachers and
lecturers, and adopt such form of organization, by-laws,
■ regulations and methods of administration as it may deem
advisable. The corporation shall provide suitable offices,
library and lecture halls, and shall pay the expenses of main-
taining said college, devoting its income to that end.

Section 3. The corporation may grant the degree of
bachelor of the art of oratory to students completing a regu-
lar course of instruction of not less than four years furnished
by the college, may grant the degree of master of the art of
oratory to holders of said bachelor's degree completing a
course of instruction of not less than one year furnished by
the college in addition to said regular course, and may grant
the degree of doctor of the art of oratory to holders of said
master's degree completing a course of instruction of not less
than two years furnished by the college in addition to said
regular course and said master's degree course. Degrees
shall be granted under this section only to students properly
accredited and recommended by a majority of the board of
trustees and of the faculty of the college.

Acts, 1936. — Chaps. 238, 239. 219

Section 4. In determining the eligibility of students for
degrees under the preceding section courses of instruction
taken by them at the Staley College Of The Spoken Word,
incorporated under the provisions of said act of congress,
shall be credited to them to the same extent as if taken at the
college created by this act.

Section 5. Honorary degrees of bachelor of the art of
oratory, master of the art of oratory and doctor of the art of
oratory may be granted by the corporation, upon recom-
mendation of a majority of the board of trustees, to citizens
who have attained distinction by virtue of their public serv-
ice and personal accomplishment.

Section 6. Chapter ninetj^-three of the acts of nineteen
hundred and thirty-four is hereby repealed.

Approved April 22, 1936.

An Act prohibiting, during certain months of the year, Chap. 238

THE use of beam OR OTTER TRAWLS IN TAKING FISH FROM
CERTAIN TERRITORIAL WATERS OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. It shall be unlawful, between May first and
October thirty-first, both dates inclusive, in any year, for
any person to use beam or otter trawls to drag for fish in
that part of the territorial waters of the commonwealth
within an area bounded by a line from Nauset Light following
the coast line of Cape Cod to Monomoy Point and thence
along an imaginary hne forming the easterly boundary of the
area specified in section one of chapter sixty-six of the acts
of nineteen hundred and thirty-one, as amended by chapter
fifty-nine of the acts of nineteen hundred and thirty-two, to
its intersection with the marine boundary of the common-
wealth, thence extending along said marine boundary to its
intersection with an imaginary line running due east from
said Nauset Light, and thence extending along said imaginary
line due west to the point of beginning.

Section 2. Violation of this act shall be punished by a
fine of not less than twenty-five nor more than fifty dollars.

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

Approved April 25, 1936.

An Act prohibiting the use of beam or otter trawls in Chav. 239

TAKING FISH FROM BASS RIVER OR ANY PONDS AND STREAMS
connected THEREWITH IN THE TOWNS OF YARMOUTH AND
DENNIS.

Be it enacted, etc., as follows:

Section 1. It shall be unlawful for any person to use
beam or otter trawls to drag for fish in Bass river or in the
ponds and streams connected therewith in the towns of Yar-
mouth and Dennis.

220 Acts, 1936. — Chaps. 240, 241, 242.

Section 2, Violation of this act shall be punished by a
fine of not more than twenty dollars.

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

Approved April 25, 1936.

Chav. 240 ^^ ^^'^ tending to prevent multiplicity of petitions

FOR the same change IN ANY ZONING DISTRICT IN THE
CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter four hundred and
eighty-eight of the acts of nineteen hundred and twenty-four,
as amended, is hereby further amended by inserting after
the word "office" in the one hundred and seventeenth line,
as appearing in section six of chapter two hundred and twenty
of the acts of nineteen hundred and twenty-seven, the fol-
lowing new paragraph : —

If a petition for a change of the boundaries of a district is
unfavorably decided upon by the board, no petition for the
same change shall be considered on its merits by the board
within one year after the date of such unfavorable decision,
except with the consent of not less than four fifths of the
members of the board.

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

Approved April 25, 1936.

Chav. 241 -^N Act providing for additional statutory court ses-
sions OF THE PROBATE COURT FOR DUKES COUNTY AND
providing that all SUCH SESSIONS OF SAID COURT SHALL
BE HELD IN THE TOWN OF EDGARTOWN.

Be it enacted, etc., as follows:

EdV 2^f'^ 62 Section sixty-two of chapter two hundred and fifteen of the

etc!, amended.' General Laws, as amended, is hereby further amended by

striking out the paragraph amended by chapter one hundred

and seven of the acts of nineteen hundred and thirty-two

and inserting in place thereof the following new paragraph: —

S°Duker'°"^ Dukes, at Edgartown, the first and third Tuesdays of each

County. month. Approved April 25, 1936.

Chav. 242 ^^ ^^'^ penalizing officials of municipalities who re-
fuse TO GRANT VACATIONS TO CERTAIN MUNICIPAL EM-
PLOYEES AS PROVIDED BY LAW.

Be it enacted, etc., as follows:

G.L. (Ter. Scction One hundred and eleven of chapter forty-one of

etc., 'amended. ' the General Laws, as amended by chapter one hundred and
nine of the acts of nineteen hundred and thirty-two, is hereby
further amended by inserting after the word "town" in the
twenty-first line the following : — Any official of a city or
town whose duty it is to grant a vacation as provided by this

Acts, 1936. — Chap. 243. 221

section who wilfully refuses to grant the same shall be pun-
ished by a fine of not more than one hundred dollars, — so
as to read as follows: — Section 111. In any town which i^eminTunL-
accepted chapter two hundred and seventeen of the acts ipai employees.
of nineteen hundred and fourteen, all persons classified as
laborers, or doing the work of laborers, regularly employed
by such town, shall be granted an annual vacation of not less
than two weeks without loss of pay. In any city which ac-
cepted said chapter the city council may determine that a
vacation of two weeks without loss of pay shall be granted
to every person regularly employed by such city as a com-
mon laborer, skilled laborer, mechanic or craftsman. If such
vacations are authorized, they shall be granted by the heads
of the executive departments of the city at such times as in
their opinion will cause the least interference with the per-
formance of the regular work of the city. A person shall be
deemed to be regularly employed, within the meaning of this
section, if he has actuall}^ worked for the city or town
for thirty-two weeks in the aggregate during the preceding
twelve months, notwithstanding that he has ceased, other-
wise than by voluntary withdrawal or dismissal for cause in
accordance with law, to be in the employ of such city or town.
Any official of a city or town whose duty it is to grant a vaca-
tion as provided by this section who wilfully refuses to grant
the same shall be punished by a fine of not more than one
hundred dollars. The department of labor and industries
shall enforce this section, and shall have all necessary powers
therefor. Approved April 25, 1936.

An Act prohibiting gas and electric companies from rij.^j. 04^

COLLECTING PENALTY CHARGES FOR DELINQUENCY IN THE ^'

PAYMENT OF BILLS FOR GAS OR ELECTRICITY USED FOR
DOMESTIC PURPOSES.

Be it enacted, etc., as follows:

Chapter one hundred and sixty-four of the General Laws g. l. (Ter.
is hereby amended by inserting after section ninety-four C, ^g^^ ggc^tton
inserted by chapter two hundred and twenty-seven of the 94d, added.
acts of nineteen hundred and thirty-five, the following new
section: — Section 94D. No gas or electric company shall Collection of
collect from a customer on account of his failure to pay any changes,
bill due for gas or electricity furnished to him for domestic prohibited.
purposes any charges as, or in the nature of, a penalty; pro-
vided, that nothing herein shall prevent the collection of
any amount allowable as a discount from such a bill in the
event of its payment within a period specified therein, if the
right to such discount has been forfeited by failure so to
pay such bill. Approved April 25, 1936.

222

Acts, 1936. — Chap. 244.

G. L. (Ter.
Ed.), 28, § 3,
amended.

Commissioner.
Divisions.

Directors.

G. L. (Ter.
Ed.), 28, § 4,
amended.

Employees.

Chap. 24:4: An Act placing under the civil service certain officers

IN THE METROPOLITAN DISTRICT COMMISSION.

Be it enacted, etc., as follows:

Section 1. Chapter twenty-eight of the General Laws
is hereby amended by striking out section three, as appear-
ing in the Tercentenary Edition, and inserting in place
thereof the following : — Section 3. The commissioner shall
be the executive and administrative head of the commission
and shall organize it in such divisions as he may from time
to time determine. He may appoint a director of each di-
vision to have charge of its work. The compensation of
directors shall be fixed by the commissioners, with the ap-
proval of the governor and council. Every such director
shall be subject to chapter thirty-one.

Section 2. Section four of said chapter twenty-eight, as
so appearing, is hereby amended by striking out, in the sixth
line, the words "and engineering chiefs", — so as to read as
follows: — Section 4- The commissioners may appoint a
secretary, engineering chiefs, a purchasing agent, engineers,
inspectors, officers and members of the police force, one or
more women as special police officers, clerks and such other
officers and employees as the work of the commission may
require, may assign them to divisions, transfer and remove
them. The secretary shall be exempt from chapter thirty-
one.

Section 3. Section five of chapter thirty-one of the Gen-
eral Laws, as most recently amended by section two of chap-
ter four hundred and five of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out, in the
fourteenth and fifteenth lines, the words ''as provided in sec-
tion twelve F of chapter twenty-five" and inserting in place
thereof the words: — those expressly made subject to this
chapter, — so as to read as follows: — Section 5. No rule
made by the board shall apply to the selection or appoint-
ment of any of the following:

Judicial officers; officers elected by the people or, except
as otherwise expressly provided in this chapter, by a city
council; officers whose appointment is subject to confirma-
tion by the executive council, or by the city council of any
city; officers whose appointment is subject to the approval
of the governor and council; officers elected by either branch
of the general court and the appointees of such officers; heads
of principal departments of the commonwealth or of a city
except as otherwise provided by the preceding section; di-
rectors of divisions authorized by law in the departments of
the commonwealth, except those expressly made subject to
this chapter; employees of the state treasurer appointed
under section five of chapter ten, employees of the commis-
sioner of banks, and of the treasurer and collector of taxes
of any city; two employees of the city clerk of any city; pub-
lic school teachers; secretaries and confidential stenog-

G. L. (Ter.
Ed.), 31, § 5,
etc., amended.

Positions
not included
in civil
service.

Acts, 1936. — Chap. 245. 223

raphers of the governor, or of the mayor of any city; clerical
employees in the registries of probate of all the counties;
police and fire commissioners and chief marshals or chiefs of
police and of fire departments, except as provided in section
forty-nine; and such others as are by law exempt from the
operation of this chapter.

Section 4. The terms of office of the director and chief J^^of'
engineer of the sewerage division, the director and chief en- certain
gineer of the water division, and the director and chief engi- empfoyees.
neer of park engineering, all of the metropolitan district
commission, in office upon the effective date of this act, shall
be unlimited, subject, however, to the civil service laws;
provided, that the persons holding said offices on said effec-
tive date may continue to serve as such without taking a
civil service examination. Approved April 27, 1936.

Chap.24c5

An Act reducing the number of package store li-
censes THAT MAY BE ISSUED FOR THE SALE OF ALL ALCO-
HOLIC BEVERAGES IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section seventeen of chapter one hundred and thirty-eight g l. (Ter
of the General Laws, as most recently amended in the first etc!, 'amended. *
paragraph by chapter one hundred and thirtj^-six of the
acts of the current year, is hereby further amended by strik-
ing out, in the twenty-second line, the word "fifty" and
inserting in place thereof the words: — three but no further
original licenses under said section fifteen shall be granted
in said city until the number of licenses outstanding there-
under shall have been reduced to less than two hundred and
fifty by cancellation or revocation or the failure of holders
of such licenses to apply for renewals, and thereafter licenses
thereunder may be granted only up to a total not exceeding
two hundred and fifty, — so that said paragraph will read
as follows: — Except as otherwise provided in this chapter, Number of
the number of licenses granted by the local licensing au- egt^'J'biigijed,
thorities in any city or town under sections twelve and fif-
teen shall not exceed in the aggregate one for each popula-
tion unit of one thousand or fraction thereof; provided,
that within said aggregate number the licensing authorities
may grant three licenses under section fifteen in any city or
town having a population of five thousand or more but not
exceeding fifteen thousand and may grant not more than
one license thereunder for each population unit of five thou-
sand or fraction thereof in any city or town having a popula-
tion of more than fifteen thousand; and provided, further,
that the licensing authorities in any town, irrespective of its
population, may grant not more than four licenses in the
aggregate under sections twelve and fifteen, but in no such
case shall they grant more than three licenses under section
twelve or more than two licenses under section fifteen; and
provided, further, that in the city of Boston licenses under

224 Acts, 1936. — Chap. 246.

section twelve may be granted up to a total number not ex-
ceeding one thousand and licenses under section fifteen up
to a total number not exceeding three hundred and three
but no further original licenses under said section fifteen
shall be granted in said city until the number of licenses
outstanding thereunder shall have been reduced to less than
two hundred and fifty by cancellation or revocation or the
failure of holders of such licenses to apply for renewals, and
thereafter licenses thereunder may be granted only up to a
total not exceeding two 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 temporary resident population as
of July tenth following, a copy of which estimate shall be
transmitted forthwith to the commission, and one additional
license under section twelve, to be effective from April first
to November thirtieth only, may be granted for each unit
of one thousand or additional fraction thereof of such popu-
lation as so estimated, and one additional license under
section fifteen, to be effective from April first to November
thirtieth only, may be granted for each unit of five thousand
or additional fraction thereof of such population as so esti-
mated; and provided, further, that said authorities may
grant in addition and irrespective of any limitation of num-
ber of licenses contained in this section seasonal licenses
under section twelve to duly incorporated clubs in their
city or town if deemed by them to be in the public interest.

Approved April 27, 1936.

C/iap. 246 An Act authorizing the emerson college of oratory

TO GRANT THE DEGREE OF BACHELOR OF ARTS.

Be it enacted, etc., as follows:

The Emerson College of Oratory, in addition to any
degree it is otherwise authorized to grant, may grant the
degree of Bachelor of Arts to students properly accredited
and recommended by a majority of its trustees, provided
that the course of instruction for such degree shall occupy
not less than four years, and that no such degree shall be
granted to any person who has not taken a full four years
course at said college, or a course at said college and at some
other institution of learning which a majority of said trus-
tees shall consider the equivalent of said four years course.

(The foregoing was laid before the governor on the twenty-
first day of April, 1936, 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.)

Acts, 1936. — Chap. 247. 225

An Act relative to the qualifications of applicants Chap. 247

FOR registration AS QUALIFIED PHYSICIANS.

Be it enacted, etc., as follows:

Section 1. Section two of chapter one hundred and g^^- [J^^-^ 2,
twelve of the General Laws is hereby amended by striking etc.. ameAded!
out the second sentence, as appearing in section one of
chapter one hundred and seventy-one of the acts of nine-
teen hundred and thirty-three, and inserting in place thereof
the following : — Each applicant who shall furnish the board ^^^egtstrTuon
with satisfactory proof that he is twenty-one or over and "^''^^l^^^g'^
of good moral character, that he possesses the educational ^ y^'"*°^-
qualifications required for graduation from a public high
school, that he has completed two years of pre-medical
collegiate work, including physics, chemistry and biology,
in a college or university approved by a body consisting of
the secretary of the board, the commissioner of education
and the commissioner of public health, in this section re-
ferred to as the approving authority, that he has attended
courses of instruction for four years of not less than thirty-
two school weeks in each year, or courses which in the
opinion of the board are equivalent thereto, in one or more
legally chartered medical schools, and that he has received
the degree of doctor of medicine, or its equivalent, from a
legally chartered medical school having the power to confer
degrees in medicine and approved by the approving author-
ity, shall, upon payment of twenty-five dollars, be exam-
ined, and if found qualified by the board, be registered as a
qualified physician and entitled to a certificate in testimony
thereof, signed by the chairman and secretary. An appli-
cant aggrieved by the refusal of the approving authority to
approve a medical school under this section shall be en-
titled to have the reasonableness of such refusal reviewed
by a justice of the superior court, whose decision shall be
final.

Section 2. Said section two of said chapter one hundred Ed.^." nCi 2,
and twelve, as amended, is hereby further amended by add- l^g'^^^^^""
ing at the end thereof the following three new paragraphs: —

The approving authority shall, upon the request of any ^JXD°rIty^to
college, university or medical school in this commonwealth, furnish
inspect said college, university or medical school and notify i"fo™at>°"-
its trustees or other governing body in writing if said col-
lege, university or medical school is approved by the ap-
proving authority for the purposes of this section, or if not,
what steps said college, university or medical school must
take in order to gain the approval of the approving authority.

Any college, university or medical school desiring to be
approved for the purposes of this section may file with the
approving authority a written request for the approval of
such college, university or medical school, and thereupon
a public hearing shall be seasonably granted by the approv-
ing authority and a written decision made by it within

226

Acts, 1936. — Chap. 247.

Temporary
provisions.

Standing of
certain schools
recognized.

Qualifications
to be pub-
lished.

Effective
date.

twenty days after the termination of such hearing and the
applicant for such approval shall be notified of such deci-
sion. A written decision of the approving authority refusing
to approve any college, university or medical school shall
not become effective until thirty days after written notice
of such decision is given to the college, university or medical
school seeking such approval. Every such college, univer-
sity or medical school aggrieved by such refusal shall have
the right to file a petition in the superior court for Suffolk
county to revise or reverse the decision of the approving
authority. Notice of the entry of such petition shall be
given to the secretary of the board of registration in medi-
cine and all proceedings connected therewith shall be accord-
ing to rules regulating the trial of civil causes without juries.
The court shall hear the case and finally determine whether
or not such approval shall be granted or revised.

Upon the filing of such a petition within the aforesaid
period of thirty days, then the said decision of the approv-
ing authority shall not become effective until a final decree
affirming said decision is entered upon the aforesaid peti-
tion.

Section 3. The provisions of said section two of said
chapter one hundred and twelve as existing immediately
prior to January first, nineteen hundred and thirty-nine,
shall continue to govern as to the eligibility of any applicant
for registration as a qualified physician who shall have
matriculated prior to said date in any legally chartered
medical school having power to confer degrees in medicine,
but subject, however, to the provisions of section two of
chapter one hundred and seventy-one of the acts of nine-
teen hundred and thirty-three.

Section 4. For purposes of examination and registra-
tion of applicants and of approval of medical schools, oste-
opathic schools recognized by the American Osteopathic
Association shall have the same standing before the board
of registration in medicine, and the approving authority
provided for in section one, as medical schools recognized
by the American Medical Association.

Section 5. The approving authority provided for in
section one shall, within three months after the effective
date of this section, publish the qualifications that said
authority will require of a college, university or medical
school in order that it be approved under section one.

Section 6. The provisions of this act providing new
eligibility requirements for applicants for registration as
qualified physicians shall become effective January first,
nineteen hundred and thirty-nine.

Approved April 30, 1936,

Acts, 1936. — Chap. 248. 227

An Act creating the blackstone river valley district C hap. 2'^8

AND DEFINING ITS POWERS AND DUTIES.

Be it enacted, etc., as follows:

Section 1. A river valley improvement district, to be
known as the Blackstone River Valley District, hereinafter
called the district, is hereby created within the watersheds
of the Blackstone river and the Ten Mile river. The district
shall include all the territory of the municipahties of Auburn,
Bellingham, Blackstone, Douglas, Grafton, Hopedale, Leices-
ter, Mendon, Millbury, Millville, Northbridge, Plainville,
Shrewsbury, Sutton, Upton, Uxbridge and Worcester.

Section 2. The district shall be under the management
and control of an unpaid board, which is hereby created
and shall be known as the Blackstone River Valley District
Board, hereinafter called the board. The board shall con-
sist of the mayor of the city and the chairmen of the boards
of selectmen of the towns in the district other than Mill-
ville, and in the case of Millville the chairman of the Millville
municipal finance commission, and five persons, residents
of the district, who shall be appointed, and may for cause
be removed, by the governor, with the advice and consent
of the council. In the original appointments of said appoin-
tive members, two shall be appointed for the term of three
years, two for the term of two years and one for the term of
one year, and thereafter as the term of office of an appointive
member expires his successor shall be appointed in like man-
ner for the term of three years. Every member shall serve
until the qualification of his successor. The board shall
annually on April first designate the chairman of the board.

Section 3. The district shall have a seal consisting of
a circular die bearing the words "Commonwealth of Massa-
chusetts. Blackstone River Valley District, 1936", which
seal may be used, whenever deemed advisable by the board,
on notes or other evidences of indebtedness, papers and
documents issued or executed by the board or by any officer
of the district thereunto authorized by the board.

Section 4. The board may appoint and may at pleas-
ure remove a treasurer and a clerk, who need not be mem-
bers of the board, and both offices, if the board deems it
advisable, may be held by the same person. The treasurer
shall give to the board a bond payable to the district with a
surety company authorized to transact business in the com-
monwealth and satisfactory to the board as surety, in such
sum as the board may prescribe and conditioned on the faith-
ful performance of his duties. The clerk shall take oath to
faithfully and impartially perform his duties. The duties
of the treasurer and the clerk shall be those usually apper-
taining to said offices, respectively, and in addition such as
may from time to time be prescribed by the board. The
compensation of the treasurer and of the clerk shall be deter-
mined by the board. The board may also appoint and de-

228 Acts, 1936. — Chap. 248.

termine the compensation of, and may at pleasure remove,
a chief engineer, who shall direct the engineering work and
act as executive manager of the district. The compensation
of persons appointed under authority of this section shall be
paid by the municipalities of the district, except Millville,
and shall be considered as a part of the expense of mainte-
nance of the district.

The board shall secure convenient quarters for an office
and for the keeping of maps, plans, documents and other
papers relating to the business of the board. It shall at all
times keep full and accurate accounts of its receipts, expend-
itures, disbursements, assets and liabihties, and shall an-
nually on or before December thirty-first make a written
report to the governor and council.

Section 5. No financial obligation shall be incurred and
no money shall be expended under this act unless and until
at least three hundred thousand dollars shall have been
allocated by the federal government under authority of
appropriate federal legislation for one or more of the proj-
ects authorized by section six, and no work on any such
project shall be commenced unless and until sufficient funds
therefor shall have been allocated by the federal govern-
ment as aforesaid.

Section 6. The board, acting for the district, may con-
struct any or all of the following projects, and thereafter
shall maintain and operate the same: —

(a) Dams and reservoirs for the impounding and storage
of the waters of the Blackstone river and of the Ten Mile
river, or either of them, and for the regulation of the flow
of the waters thereof, and works, including dredging, for
the improvement of navigation thereon and flood control
thereof and of the sanitary condition thereof; and in con-
nection therewith the board may provide and maintain the
necessary pipes, conduits, plants, stations and equipment
for the distribution and delivery of said waters within the
district;

(b) Subject to the approval of the state department of
public health, works for supplying water for the purpose of
extinguishment of fires and for domestic use of the inhabit-
ants of the district, and in connection therewith the board
may lay and maintain the necessary water mains, erect or
acquire, and maintain, the necessary pumping stations and
filtration plants and do all other incidental work necessary
or convenient to enable the district to distribute water to
said inhabitants, with authority to fix and collect the rates
for the sale of said water;

(c) Such roads, bridges and canals in the district inci-
dental to and reasonably necessary for the construction, use
or operation of any or all of the structures and works au-
thorized by this act;

(d) Public parks, boulevards and areas for reforestation
and the cultivation and production of timber, and for the
preservation of wild life and natural resources, at and along

Acts, 1936. — Chap. 248. 229

such portions of the marginal lands of either or both of said
rivers as the board may deem proper;

(e) Subject to the approval of the state department of
public health, such trunk sewers, pumping stations, inter-
cepting sewers, connections and other sewerage works as
may be required for a system for suitably treating, disposing
of or diverting from the waters of the Blackstone river and
the Ten Mile river, or either of them, sewage and other
pollution, originating in the territory of the district ;

(/) Such retaining walls, piers or other works as will pre-
vent soil erosion in said rivers, or either of them, and any
other structures that will improve navigation thereon.

Section 7. The board may make such contracts and
enter into such other arrangements as it may deem neces-
sary for the construction, operation and maintenance of any
or all of the works hereinbefore authorized, may purchase
necessary materials and supplies therefor and may secure
necessary labor therefor. Every contract calling for an ex-
penditure of more than five hundred dollars shall be in
writing, and no such contract shall be awarded unless pro-
posals for bids therefor shall previously have been published
once a week for three successive weeks in two daily papers
published in Worcester county. Such bids shall be opened
publicly at the time and place announced in such news-
paper publication.

Section 8. In carr5dng out the powers and duties con-
ferred and imposed upon the board by this act, the board
may locate and maintain water pipes and poles and wires
for the transmission of electricity, and any other necessary
equipment, in, on or over public ways, and in or over rail-
road or railway locations, and it may alter or change the
course or direction of any water course or alter or change the
location or grade of any way; provided, that it shall not take
in fee any land of any railroad or railway corporation, nor
enter upon or construct any drain, sewer or other works
within the location of any railroad or railway corporation,
except at such times and in such manner as it may agree
upon with such corporation, or, in case of failure so to agree,
as may be approved by the state department of public
utilities; and provided, further, that in entering upon and
digging up, raising or embanking any way, the board shall
be subject to such reasonable regulations as may be made
by the mayor, aldermen, city council, selectmen or other
officials having jurisdiction in the premises, in the munici-
pality in which such work is performed. In case of dispute
between the board and any such municipality, the question
at issue shall be determined by the state department of
public works.

Section 9. For any purpose authorized by this act the
board, acting on behalf of the district, may take by eminent
domain under chapter seventy-nine of the General Laws, or
acquire by purchase or otherwise, such lands, water courses,
rights of way or other easements, property and rights therein

230 Acts, 1936. — Chap. 248.

as it may deem necessary. Any person, corporation or mu-
nicipality whose property has been taken or injured by any
action of the board under authority of this act may recover
from the district under the provisions of said chapter seventy-
nine such damages therefor as he or it may be entitled to.
The board may sell at public auction any property, including
land, acquired by it hereunder and in its opinion no longer
needed in the performance of the powers and duties con-
ferred and imposed upon it by this act, and may from thne
to time lease any property in its opinion not then needed
by it for the purposes of this act. The board may enter
upon any lands or waters for the purpose of making surveys,
test pits and borings, and may take by eminent domain
under said chapter seventy-nine or acquire by purchase or
otherwise the right to temporarily occupy any lands neces-
sary for the carrying out of any of said purposes.

Section 10. The board may furnish water to any mu-
nicipality or legally constituted district within the district
created by this act, and for that purpose may connect the
mains of the district with existing mains and may locate any
necessary works required for the distribution of the water
in and upon any private or public location within any such
municipality or such legally constituted district and may
connect private sewers, or new sewers under construction,
with any existing sewers, and may operate sewerage sys-
tems within the district created by this act upon such
terms, conditions and regulations as the board may pre-
scribe. The board may levy assessments upon any person
for the privilege of using the sewerage facilities furnished
by it. So far as apt, the provisions of sections twelve and
thirteen of chapter eighty of the General Laws shall apply
to such assessments.

Section 11. Annually before January first the board, on
behalf of the district, shall certify to the assessors of each
municipality within the district, except Millville, the sum
constituting the share of such municipality of the estimated
cost for the ensuing year, over and above receipts of the
district, of the maintenance and operation of the works
maintained and operated by the board under authority of
this act and also the share of such municipality of any
deficit for the then current or any preceding yea,Y; and the
amount so certified shall be raised by the assessors of such
municipality during said ensuing year and shall be paid, not
later than November first, into the treasury of the district.
Each such municipality, except Millville, shall be annually
assessed hereunder such proportion of such cost of mainte-
nance and operation as the board shall determine, based
upon the proper proportion of such municipality of the
benefit derived by it from the works so maintained and
operated hereunder. If any municipality is aggrieved by an
assessment made upon it hereunder, the respective amounts
to be paid by the municipalities of the district, except Mill-
ville, shall be determined by three commissioners to be

Acts, 1936. — Chap. 248. 231

appointed by the supreme judicial court upon the applica-
tion of such aggrieved municipality and after notice to the
other municipalities of the district. The award of said com-
missioners when accepted by said court shall be binding
upon the municipalities of the district.

Section 12. For the purposes of paying the expenses of
the construction of the work hereinbefore authorized, the
district is hereby empowered to receive from the federal
government all sums of money allocated by it for any or all
of the purposes of this act, but the board shall have no
right to levy upon, or to charge or collect against, any
municipality in the district any portion of the cost of such
construction. All expenses of construction, including in
said term all land damages, costs of plans and surveys, and
other necessary items of construction, but excluding com-
pensation authorized by section four, shall be paid for ex-
clusively out of such federal funds so allocated.

Upon the completion of any of such works, the district
shall thereafter bear the entire expense of the operation and
maintenance thereof.

Section 13. For the purpose of temporarily financing
the operation and maintenance of works constructed under
authority of this act, including compensation, the district
may issue its notes to an amount deemed by the board nec-
essary therefor, but not to exceed the estimated cost of
such operation and maintenance, said notes to be payable,
in not more than one year from the date of their issue,
from sums received by the board as a result of the operation
and maintenance of such works and from sums certified to
and collected from the several municipalities of the dis-
trict, except Millville, as hereinbefore provided. The pro-
visions of chapter forty-four of the General Laws relating
to the issue of notes by districts shall, so far as pertinent,
apply to notes issued under this section.

Section 14. If and when there is established within the
state of Rhode Island a board similar to the board created
by this act, with similar powers and duties within that por-
tion of the watersheds of the Blackstone and Seekonk rivers
and their tributaries lying within said state, the board
established hereunder is hereby authorized to act, as here-
inafter provided, jointly with said Rhode Island board.
Said joint body shall be known as the Blackstone and See-
konk River Valley Authority and is hereinafter referred to
as the authority. The authority shall act as an advisory
planning board relative to all works and projects deemed
by it reasonably necessary and proper for the preservation
and maintenance of the health, welfare and safety of the
inhabitants of the watersheds of the Blackstone and See-
konk rivers and their tributaries in the state of Rhode
Island and this commonwealth, with power to make recom-
mendations to the legislative departments of said state and
this commonwealth relative to legislation deemed by it
necessary or proper to accomplish any or all of such pur-

232 Acts, 1936. — Chap. 249.

poses, to recommend to the governing bodies of the several
municipaUties within said watersheds in said state and this
commonwealth any matter or thing which the authority
believes will be conducive to the health, welfare or safety
of said inhabitants, and to make rules and regulations
within the scope of its powers and duties. The authority
shall annually on or before December thirty-first make a
report in writing to the governor of the state of Rhode
Island, to the governor of this commonwealth and to the
New England Regional Planning Commission of the National
Resources Board of the federal government.

Section 15. The provisions of this act, except the pro-
visions of section fourteen and the provisions of section two
other than those which provide for the management and
control of the district by the board, shall cease to be effec-
tive on January first, nineteen hundred and thirty-seven,
unless prior thereto at least three hundred thousand dollars
has been allocated by the federal government, under author-
ity of appropriate federal legislation, for any or all of the
purposes of this act.

Section 16. This act shall take effect upon its passage.

Approved April 30, 1936.

Chap. 249 An Act amending certain provisions of the law rela-
tive TO UNEMPLOYMENT COMPENSATION.

prTambre*;^ 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:

Ed V IMA 1 1 Section 1. Section one of chapter one hundred and fifty-
etc'., 'amended. ' oue A of tlic General Laws, as appearing in section five of
chapter four hundred and seventy-nine of the acts of nine-
teen hundred and thirty-five, is hereby amended by strik-
ing out clauses (1) to (9), inclusive, of paragraph (a) and
inserting in place thereof the following : —

(1) Service in agricultural labor;

(2) Domestic service in a private home;

(3) Service performed as an officer or member of the
crew of a vessel on the navigable waters of the United
States ;

(4) Service performed by an individual in the employ of
his son, daughter or spouse, and service performed by a
child under the age of twenty-one in the employ of his
father or mother;

(5) Service performed in the employ of the United States
government or of an instrumentality of the United States;

(6) Service performed in the employ of the common-
wealth, a political subdivision thereof, or an instrumentality
of one or more states or political subdivisions;

Definitions.

Acts, 1936. — Chap. 249. 233

(7) Service performed in the employ of a corporation,
community chest fund, or foundation, organized and oper-
ated exclusively for a religious, charitable, scientific, literary
or educational purpose, or for the prevention of cruelty to
children or animals, no part of the net earnings of which
enures to the benefit of any private shareholder or individual.

Section 2. Paragraph (b) of said section one, as so ap- g^l. (Ter. ^
pearing, is hereby amended by adding at the end thereof etc!,'further
the words : — , or at a rate of fifty dollars a week, or more, ^"^^'^'^ed.
— so as to read as follows: — (b) "Employee", any indi- ^^^pioyee",
vidual employed for hire by any employer and in any em-
ployment subject to this chapter, except any individual
employed at a rate of twenty-five hundred dollars a year,
or more, or at a rate of fifty dollars a week, or more.

Section 3. Paragraph {k) of said section one, as so ap- g. l. (Ter.
pearing, is hereby amended by inserting after the word etc^.'fifthe'r '
"day" in the first line the words: — occurring after De- ^"^^"'*®^-
cember thirty-first, nineteen hundred and thirty-six, — so
as to read as follows: — (k) "Day of employment", any day "l^^^°l^,V'
occurring after December thirty-first, nineteen hundred and defined,
thirty-six, during which an employee performs more than
half a day's work in an employment and for an employer
subject to this chapter.

Section 4. Paragraph (m) of said section one, as so ap- gdViJiA' §i
pearing, is hereby amended by adding at the end thereof etc!, 'further
the words : — occurring after December thirty-first, nineteen ^'"^°^^'^-
hundred and thirty-six, — so as to read as follows : —
(m) "Week of employment", employment for not less than e,^|o^^ent"
eighty per cent of full-time weekly hours or yielding not defined,
less than eighty per cent of full-time weekly wages occurring
after December thirty-first, nineteen hundred and thirty-six.

Section 5. Said section one, as so appearing, is hereby EJ^i^JfX' §i
further amended by striking out paragraph (n) and insert- etc!, 'further
ing in place thereof the following : — amended.

(n) "Pay roll", the total amount of all wages, payable d^n^ed°""'
by an employer to his employees.

Section 6. Said chapter one hundred and fifty-one A is gd.^,' iJia', § 3,
hereby further amended by striking out section three, as so etc., amended.'
appearing, and inserting in place thereof the following : —
Section 3. (a) Employers: Each employer shall make nor- ^onfribuUons.
mal contributions in his own behalf for the calendar year
nineteen hundred and thirty-six at the rate of one per cent
of his pay roll and shall contribute in addition an amount
necessary to make his total contributions for such year
equal to nine tenths per cent of the wages taxable for such
year under Title IX of the Federal Social Security Act, such
additional contributions to be payable prior to January
fifteenth, nineteen hundred and thirty-seven; each employer
shall make normal contributions in his own behalf for the
calendar year nineteen hundred and thirty-seven at the rate
of two per cent of his pay roll and shall contribute in addi-
tion an amount necessary to make his total contributions
for such year equal to one and eight tenths per cent of the

234

Acts, 1936. — Chap. 249.

Employees'
contributions.

wages so taxable for such year, such additional contribu-
tions to be payable prior to January fifteenth, nineteen
hundred and thirty-eight ; and each employer shall make
normal contributions in his own behalf for each calendar
year thereafter at the rate of three per cent of his pay roll
and shall contribute an amount necessary to make his total
contributions for such year equal to two and seven tenths
per cent of the wages so taxable for such year, such addi-
tional contributions to be payable prior to January fifteenth
of the following year; provided, that his total contributions
for the calendar year nineteen hundred and thirty-six shall
not exceed nine tenths per cent of the wages so taxable for
such year, nor shall his total contributions for the calendar
year nineteen hundred and thirty-seven exceed one and
eight tenths per cent of the wages so taxable for such year,
nor shall his total contributions for any calendar year
thereafter exceed two and seven tenths per cent of the
wages so taxable for such year;

(6) Employees: From January first to December thirty-
first, inclusive, nineteen hundred and thirty-seven, each
employee shall contribute to the fund one per cent of his
wages; and during each year thereafter he shall contribute
an amount equal to one half of the normal contribution
made for such year by his employer on account of the wages
payable to him. Each emploj^er shall withhold such con-
tribution from the wages of his employees at the time such
wages are payable, shall show such deduction on his pay
roll records, and shall transmit all such contributions to
the fund, pursuant to the general rules of the commission.
If any employer fails to deduct the contributions of any of
his employees at the time their wages are payable or fails
to make a deduction therefor at the time such wages are
payable for the next succeeding pay roll period, he alone
shall thereafter be liable for such contributions.

Section 7. Said chapter one hundred and fifty-one A
etc., amended, ig hereby further amended by striking out section four, as
so appearing, and inserting in place thereof the following : —
Section 4-- The commission shall maintain a separate ac-
count for each employer, crediting his account with all the
contributions which he has paid on his own behalf dur-
ing each calendar year, and charging his account with all
amounts paid within such year as benefits which, under
section twenty-one, were charged against weeks of employ-
ment in which the plurality of the employee's employment
was in his service. But nothing in this chapter shall be
construed to grant any employer or his employees prior
claims or rights to the amount paid by such employer to
the fund either on his own account or on behalf of his em-
ployees. All contributions to the fund shall be pooled and
available to pay benefits to any employee entitled thereto
under this chapter, irrespective of the source of such con-
tributions. The commission shall, for the year nineteen
hundred and forty-one and for each calendar year thereafter,

G. L. (Ter
Ed.). 151A, §4

Classification
of employees.

Acts, 1936. — Chap. 249. 235

classify employers in accordance with their actual experi-
ence in the payment of contributions on their own behalf
and with respect to benefits charged against their accounts,
with a view to fixing such contribution rates as will reflect
such experience. The commission shall determine the con-
tribution rate of each employer in accordance with such
rules and regulations as the general court may prescribe.

Section 8. Section seven of said chapter one hundred ^j^ '-^^fj^
and fifty-one A, as so appearing, is hereby amended by add- § 7. etc.,
ing at the end thereof the following new paragraph : — amended.

But no such lien shall be valid against a subsequent pur- yaiidity of
chaser or mortgagee in good faith and for value of land of funds?"
such employer, or against a subsequent attaching creditor
of land of such employer, unless and until there shall have
been recorded in the registry of deeds for the county or dis-
trict where the land lies a notice by the commission of such
lien, which notice shall state the name of the employer, the
address of his principal place of business within the com-
monwealth, and the total amount then unpaid of the afore-
said overdue payments to the fund and interest thereon. If
the land affected is registered land, the pertinent provisions
of section seventy-eight of chapter one hundred and eighty-
five shall apply to such notice. Such lien may be enforced
or dissolved in the manner provided in chapter two hundred
and fifty-four for enforcing or dissolving liens on buildings
and land.

Section 9. Said chapter one hundred and fifty-one A is g. l. (Ter.
hereby further amended by inserting after section seven, as etpl.'new '
so appearing, the following new section : — Section 7 A . In l^d^gj" ''*'^'
the event that more or less than the correct amount of con- Refunds,
tributions shall be made by any person subject to this chap-
ter, the amount of the over-payment shall be refunded, or
the under-payment shall be collected, with interest at the
rate of six per cent per annum, said refunds to be made by
the state treasurer, without appropriation, after certifica-
tion by the commission.

Section 10. Section ten of said chapter one hundred and ^dV'iMA
fifty-one A, as so appearing, is hereby amended by adding §'ib,'etc., '"
at the end thereof the following words : — except as pro- ^"^'^'^*^'^-
vided in section seven A, — so as to read as follows : — Sec- Administra-
tion 10. The fund shall be administered in trust and used fj^"d?^
solely to pay benefits hereunder, upon vouchers drawn
thereon by the commission pursuant to its general rules,
and no other disbursements shall be made therefrom except
as provided in section seven A.

Section 11. Paragraph (a) of section seventeen of said EdViMA
chapter one hundred and fifty-one A, as so appearing, is § iV,' etc., '
hereby amended by striking out, in the sixth line, the words '*™®"'^^'*-
"twelve months" and inserting in place thereof the words:
— fifty-two weeks, — and also by striking out, in the ninth
line, the word "interrupt" and inserting in place thereof the
words: — be considered as interrupting, — so as to read as
follows : — (a) An employee who is unemployed shall be Benefits.

when payable. J

236

Acts, 1936. — Chap. 249.

G. L. (Ter.
Ed.). 151A,
§ 18, etc..
amended.

Payments
of benefits
limited.

G. L. (Ter.
Ed.). 151A.
§ 20, etc.,
amended.

Rate of
benefit.

G. L. (Ter.
Ed.), 151A,
§ 24, etc.,
amended.

G. L. (Ter.
Ed.), 151A,
§ 48, etc.,
amended.

Exemptions.

eligible for benefits for unemployment subsequent to a wait-
ing period of four successive weeks, and no benefits shall
be or become payable during said required waiting period;
provided, that no such waiting period shall be required of
any employee more than once in any fifty-two weeks; and
provided, further, that any week of partial employment dur-
ing which an employee receives less than half of his full-time
weekly wage shall not be considered as interrupting the con-
tinuity of such four weeks, and shall be counted toward said
waiting period as one half of one week.

Section 12. Paragraph (a) of section eighteen of said
chapter one hundred and fifty-one A, as so appearing, is
hereby amended by inserting after the word "days" in the
first line the words : — or thirteen weeks, — and by insert-
ing after the word "days" in the seventh line the words: —
or nineteen weeks, — so as to read as follows : — (a) Has
had not less than ninety days or thirteen weeks of employ-
ment as defined in this chapter with an employer or em-
ployers subject hereto within the fifty-two weeks immedi-
ately preceding the date of his registration as unemployed,
or other notice as provided in paragraph (6) of section seven-
teen, or in the alternative unless he has had not less than
one hundred and thirty days or nineteen weeks of employ-
ment as defined in this chapter, with an employer or em-
ployers subject hereto, within the one hundred and four
weeks immediately preceding the date of his registration as
unemployed or other notice as aforesaid.

Section 13. Section twenty of said chapter one hundred
and fifty-one A, as so appearing, is hereby amended by in-
serting after the word "benefits" the second time it occurs
in the second line the words : — , computed to the next
highest multiple of twenty cents, — so as to read as follows :
— Section 20. An employee unemployed and eligible for
benefits shall be paid benefits, computed to the next highest
multiple of twenty cents, for each week of unemployment
after the specified waiting period at the rate of fifty per cent
of his full-time weekly wage, but such benefits shall not
exceed fifteen dollars per week or be less than five dollars
per week.

Section 14. Section twenty-four of said chapter one
hundred and fifty-one A, as so appearing, is hereby amended
by striking out the second paragraph.

Section 15. Section forty-eight of said chapter one hun-
dred and fifty-one A, as so appearing, is hereby amended by
striking out, in the seventh line, the word "which" and in-
serting in place thereof the words : — and payable through
a public employment office, which plan, — so as to read as
follows: — Section 48. Any employer or group of employers,
and his or their employees, may be exempted by the com-
mission from all the contributions required hereunder, as
long as such employer or employers maintain in operation
an unemployment compensation plan, with provisions for
such compensation substantially equivalent to those of this

Acts, 1936. — Chaps. 250, 251. 237

chapter, and payable through a public employment office,
which plan was in effect on June first, nineteen hundred and
thirty-five. Any employer seeking such exemption shall
submit his plan to the commission for approval.

Section 16. Section seven of chapter four hundred and l^p'^^J^'
seventy-nine of the acts of nineteen hundred and thirty- amended.
five, as amended by section three of chapter twelve of the
acts of the current year, is hereby further amended by add-
ing at the end thereof the following new paragraph : —

If, however, at any time after such repeal or becoming Suspension
inoperative, the number of above named states having in ° ^*'*"
operation unemployment compensation laws as aforesaid
is reduced below eleven, the governor shall forthwith make
declaration to that effect, and the operation of this act
shall thereupon cease and the funds standing to the credit
of the commonwealth shall be distributed as aforesaid.

Approved April 30, 1936.

Chap. 250

An Act placing under the civil service laws the

OFFICE OF chief OF THE FIRE DEPARTMENT OF THE TOWN
OF NANTUCKET.

Be it enacted, etc., as follows:

Section 1. The office of chief of the fire department of
the town of Nantucket shall, upon the effective date of this
act, become subject to the civil service laws and rules and
regulations relating to permanent members of fire depart-
ments in towns, and the tenure of office of any incumbent
of said office shall be unhmited, subject, however, to such
laws; provided, that the present incumbent of said office
may continue to serve therein without taking a civil service
examination.

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

Approved April 80, 1936.

An Act relative to the payment of witness fees to QJidrf 251

CERTAIN POLICE OFFICERS IN CERTAIN CONTINUED CRIMI-
NAL CASES.

Be it enacted, etc., as follows:

Section fifty-three of chapter two hundred and sixty-two g. l. (Ter.
of the General Laws, as appearing in the Tercentenary Edi- ameAde^d.' * ^^ '
tion, is hereby amended by striking out, in the fourteenth
and fifteenth lines, the words ''and if it is so ordered by
the court or trial justice", — so as to read as follows: —
Section 53. Any officer named in section fifty who attends Fees of
as a witness at a place other than his residence shall, in- officers,
stead of his expenses, be allowed the witness fee in the
court or before the trial justice where he testifies. A police
officer on duty at night who attends the superior court as
a witness for the commonwealth shall be paid the same fees
as any other witness. A police officer who is a witness for

238

Acts, 1936. — Chap. 252.

the commonwealth, and who under the direction of the dis-
trict attorney aids in securing the attendance of other wit-
nesses, may receive, instead of his expenses, witness fees for
one day's attendance. Any poHce officer named in section
fifty, except a pohce officer of the city of Boston, who
attends as a witness in a criminal case pending in a district
court or before a trial justice and who by reason of a con-
tinuance or postponement thereof at the request of the
defendant, is required to again attend, shall, if not on duty,
be paid for such further attendance the same fee as other
witnesses. Police officers shall serve subpoenas upon wit-
nesses when requested by the district attorney, and their
returns of service shall have the same force and effect as
the return of a deputy sheriff or constable.

Approved April 30, 1936.

Chap. 252 An Act providing for the appointment of a court

OFFICER FOR THE PROBATE COURT OF ESSEX COUNTY.

G. L. (Ter.
Ed.), 217,
§ 30, etc..
amended.

Court officers
in probate
courts in
certain coun-
tie8, appoint-
ment, etc., of.

Acceptance
of act.

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 nineteen hun-
dred and thirty-five, and inserting in place thereof the fol-
lowing:— Section SO. The judges of probate for the coun-
ties 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 insol-
vency of their respective counties. Such officers may be
removed at the pleasure 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 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 and
for Essex county shall, if required by the court, give a
bond payable to Plymouth county or Essex county, as the
case may be, for the faithful performance of his duties,
with sureties satisfactory to the court. Each officer ap-
pointed hereunder shall serve the orders, precepts and proc-
esses 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 uni-
form such as the court shall order, which he shall wear
while in attendance on said court.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the county commis-
sioners of Essex county. Approved April 30, 1936.

Acts, 1936. — Chap. 253. 239

An Act relative to the submission to the voters of Chap. 253

THE several counties OF THE QUESTION OF LICENSING
DOG RACES AT WHICH THE PARI-MUTUEL SYSTEM OF BET^
TING SHALL BE PERMITTED.

Be it enacted, etc., as foUoivs:

Section 1. Section fourteen A of chapter one hundred Repeals.
and twenty-eight A of the General Laws, inserted by section
one of chapter two hundred and seventy-nine of the acts of
nineteen hundred and thirty-five, and section three of said
chapter two hundred and seventy-nine, are hereby repealed.

Section 2. Said chapter one hundred and twenty-eight g^L. (T|r
A is hereby further amended by striking out section fourteen, § i'4,' etc.. '
as amended by section two of said chapter two hundred amended,
and seventy-nine, and inserting in place thereof the fol-
lowing:— Section 14- Licenses shall not be granted under Referendum
this chapter for the holding or conducting of any horse on h°orse and
racing meeting or any dog racing meeting within any county ^°^ racing,
unless a majority of the registered voters of such county
voting on the questions of granting such licenses when said
questions were last submitted to them, as hereinafter pro-
vided, have voted in the affirmative.

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-four the
following questions : —

1. Shall the pari-mutuel system of betting on
licensed horse races be permitted in this county?

2. Shall the pari-mutuel system of betting on
licensed dog races be permitted in this county?

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
also cause said questions to be placed on the official ballot
to be used in the cities and towns in said county at said
biennial election; provided, that said questions 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
question 1 are in the aflnrmative, such county shall be
taken to have authorized the licensing of horse races therein
at which the pari-mutuel system of betting shall be permitted.

If a majority of the votes cast in a county in answer to
question 2 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.

(The foregoing was laid before the governor on the twenty-
seventh day of April, 1936,. 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.)

; YES.

j NO.

■

YES.

NO.

240 Acts, 1936. — Chap. 254.

Chap. 254: An Act empowering the portia law school to estab-
lish AND MAINTAIN A COLLEGE OF LIBERAL ARTS AND
REMOVING CERTAIN RESTRICTIONS ON ITS POWER TO GRANT
THE DEGREE OF MASTER OF LAWS.

pr'^ambi"?^ Whcreas, 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 two of chapter two hundred and
nineteen of the Special Acts of nineteen hundred and nine-
teen, as amended by section one of chapter one hundred
and sixty-one of the acts of nineteen hundred and twenty-
six, is hereby further amended by striking out, in the tenth
and eleventh lines, the words "shall be given in the day-
time and", — so as to read as follows: — Section 2. The
purposes of said corporation shall be to furnish to women
only, a course of not less than four years' instruction in
law suitable to prepare them for the degree of bachelor of
laws and also, in the discretion of its trustees, to furnish to
both men and women holders of the degree of bachelor of
laws from such institutions as are authorized to grant said
degree and the degree of master of laws a one year course
of instruction in law suitable to prepare them for the de-
gree of master of laws; provided, that said one year course
shall require at least one third more work than was required
prior to July first, nineteen hundred and twenty-five in one
school year of the aforesaid four year course. For the afore-
said purposes, it may appoint such teachers and lecturers
and adopt such form of organization, by-laws, regulations and
methods of administration as it may deem advisable. The
corporation shall provide suitable offices, library and lecture
halls, and shall pay the expenses of maintaining the said
school, directing its income to that end.

Section 2. The trustees of Portia Law School, a cor-
poration created by chapter two hundred and nineteen of
the Special Acts of nineteen hundred and nineteen, are
hereby empowered 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 May 5, 1936.

Acts, 1936. — Chaps. 255, 256, 257. 241

An Act relative to the operation of certain motor r'/^^^r) 255

VEHICLE trailers OWNED BY THE CITY OF SPRINGFIELD ^'

ON THE WAYS OF SAID CITY AND CERTAIN ADJOINING
TOWNS.

Be it enacted, etc., as follows:

Section 1. Motor vehicle trailers owned by the city of
Springfield and having a carrying capacity of more than one
thousand pounds may be operated or drawn on the ways of
said city and the towns of Agawam, Ludlow and Wilbra-
ham, any provision of section nineteen of chapter ninety of
the General Laws to the contrary notwithstanding.

Section 2. This act shall take effect July first, nineteen
hundred and thirty-six, and shall become inoperative July
first, nineteen hundred and thirty-seven.

Approved May 5, 1936.

An Act further regulating biennially recurring (JJkij) 256
expenditures by certain state officers and depart-
ments.

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

Be it enacted, etc., as follows:

Section ten of chapter twenty-nine of the General Laws, g. l. (Ter.
as appearing in the Tercentenary Edition, is hereby amended amended. '
by adding at the end thereof the following: — ; provided,
that biennially recurring expenditures required by law to be
made in any year shall be at the rate authorized by appro-
priations for the second preceding fiscal year, — so as to
read as follows: — Section 10. Officers or departments hav- Expenditures
ing charge or supervision of expenditures in behalf of the CfffcS-s%tc.,
commonwealth may continue expenditures in each year at P^nulTap-
the rate authorized by appropriations for the preceding fiscal propriation
year, until the general court makes an appropriation there- '"'*'' '"^s"^'**^®'^-
for or provides otherwise; provided, that biennially recur-
ring expenditures required by law to be made in any year
shall be at the rate authorized by appropriations for the
second preceding fiscal year. Approved May 6, 1936.

An Act relative to borrowing by cities, towns and Chav.257
districts on account of public welfare, soldiers'
benefits and federal emergency unemployment re-
lief PROJECTS.

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

242 Acts, 1936. — Chaps. 258, 259.

Be it enacted, etc., as follows:

The provisions of chapter eighty of the acts of the cur-
rent year requiring approval by the emergency finance board
of loans other than municipal relief loans issued under said
chapter eighty shall not apply to temporary loans issued
under sections four, six, six A and seventeen of chapter
forty-four of the General Laws, and no approval by said
board shall be required under said chapter eighty of any
loans authorized under said chapter forty-four subsequent
to December thirty-first in the current year.

Approved May 7, 1936.

Chap. 258 An Act authorizing the town of saugus to pension

PETER A. FLAHERTY, A MEMBER OF ITS POLICE FORCE.

Be it enacted, etc., as follows:

The town of Saugus is hereby authorized to retire Peter
A. Flaherty, who for more than thirty years has served
said town faithfully in its police department, on an annual
pension, payable weekly, equal to one half of his annual
compensation at the time of his retirement hereunder, any
provisions of chapter one hundred and twenty-one of the
acts of nineteen hundred and twenty-four to the contrary
notwithstanding. Approved May 7, 1936.

Chap,259 An Act requiring the periodic replacement of meters

FOR MEASURING GAS.

Be it enacted, etc., as follows:

Edo,' 164,'^new Section 1. Chapter one hundred and sixty-four of the

section iisA. General Laws is hereby amended by inserting after section
one hundred and fifteen, as appearing in the Tercentenary

SmXs. Edition, the following new section:— Section 116 A. Each
meter for measuring gas provided bj'' a gas company to a
consumer shall, not later than seven years from the date of
installation or replacement, be removed by the company
from the premises of the consumer and replaced by it with
such a meter which has been newly tested, sealed and
stamped in accordance with law.

provisions. SECTION 2. A gas compauy shall be deemed to be com-

plying with the provisions of this act with respect to meters
used for measuring gas provided by it prior to the effective
date hereof if, beginning in the year nineteen hundred and
thirty-seven, it shall annually remove from the premises of
its consumers at least fifteen per cent of the total number of
such meters in use on such effective date and replace them
with such meters which have been newly tested, sealed and

Effectiv stamped in accordance with law.

date. Section 3. This act shall take effect on January first,

nineteen hundred and thirty-seven.

Approved May 7, 1936.

Acts, 1936. — Chap. 260. 243

An Act authorizing any town and certain districts to QJidj) 260

VOTE ON THE QUESTION OF ACCEPTING CERTAIN PROVISIONS
OF LAW RELATIVE TO COMPENSATING MUNICIPAL EMPLOYEES
WHO ARE INJURED IN THE COURSE OF THEIR EMPLOYMENT.

Be it enacted, etc., as follows:

Chapter one hundred and fifty-two of the General Laws g. l. (Ter.
is hereby amended by striking out section sixty-nine, as leb.'etc..'
most recently amended by section seven of chapter three amended.
hundred and eighteen of the acts of nineteen hundred and
thirty-three, and inserting in place thereof the following: —
Section 69. The commonwealth and any county, city, town Compensation
or district having the power of taxation which has accepted ciuL and^*^'
chapter eight hundred and seven of the acts of nineteen *°^'°s-
hundred and thirteen, and any town or district having the
power of taxation which accepts the provisions of this sec-
tion at an annual meeting or at any special meeting called
for the purpose, and any county tuberculosis hospital dis-
trict under sections seventy-eight to ninety, inclusive, of
chapter one hundred and eleven, if the trustees of said dis-
trict accept the provisions of this section, shall pay to
laborers, workmen and mechanics employed by it who re-
ceive injuries arising out of and in the course of their em-
ployment, or, in case of death resulting from such injury,
to the persons entitled thereto, the compensation provided
by this chapter. Compensation payable under this chapter
to an injured employee of the commonwealth who receives
full maintenance in addition to his cash salary or wage, and
compensation payable thereunder to his dependents in case
of his death, shall be based upon his average weekly wages
plus the sum of seven dollars per week in lieu of the full
maintenance received by him. Sections seventy to seventy- Acceptance
five, inclusive, shall apply to the commonwealth and to any p'"°v's'°'^s-
county, city, town or district having the power of taxation
which has accepted said chapter eight hundred and seven,
and to any town or district having the power of taxation
which accepts the provisions of this section as hereinbefore
provided, and to any county tuberculosis hospital district
under said sections seventy-eight to ninety, inclusive, if
the trustees of said district accept the provisions of this
section. The terms laborers, workmen and mechanics, as
used in sections sixty-eight to seventy-five, inclusive, shall
include foremen, subforemen and inspectors of the common-
wealth or of any such county, city, town, district or county
tuberculosis hospital district, to such extent as the common-
wealth or such county, city, town or district, acting respec-
tively through the governor and council, county commis-
sioners, city council, the qualified voters in a town or district
meeting, or the trustees of such county tuberculosis hospital
district, shall determine, as evidenced by a writing filed with
the department. Approved May 7, 1986.

244 Acts, 1936. — Chaps. 261, 262.

Chap. 261 An Act authorizing the county of essex to reimburse

DENNIS A. DRISCOLL FOR CERTAIN EXPENSES INCURRED BY
REASON OF INJURIES SUSTAINED BY HIS MINOR SON AT THE
ESSEX COUNTY AGRICULTURAL SCHOOL.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral obli-
gation, the county commissioners of the county of Essex may
pay to Dennis A. Driscoll, the father of D. Donald Driscoll,
a minor, the sum of seven hundred thirty-eight dollars
and thirty cents, to reimburse him for expenses of medi-
cal and hospital care incurred by him on account of injuries
received by his son while participating in a football game
on a team representing the Essex County Agricultural School.

Section 2. This act shall take effect upon its accept-
ance during the current year by the county commissioners
. of Essex county. Approved May 7, 1936.

Chap.262 An Act changing the time of appointment of assistant

assessors in the city of BROCKTON.

Be it enacted, etc., as follows:

Section 1. In the month of November in the year nine-
teen hundred and thirty-six, and in that month annually
thereafter, the mayor of the city of Brockton, subject to
confirmation by the board of aldermen, upon recommenda-
tion by the board of assessors, shall appoint one resident
from each ward of said city to be an assistant assessor for
the term of one year from the first day of January next en-
suing. Any such assistant assessor may be removed for
cause by the mayor with the consent of the board of alder-
men. In case any vacancy shall exist or occur in the office
of assistant assessor after the first day of January in any
year, the mayor shall in like manner appoint a resident
from the ward in which such vacancy occurs, for the unex-
pired term. It shall be the duty of the persons so appointed
to furnish the assessors with all necessary information rela-
tive to persons and property taxable in their respective wards,
and they shall be sworn to a faithful performance of their
duty. Their compensation shall be fixed by concurrent
vote of the city council. The persons holding the office of
assistant assessors on the effective date of this act shall con-
tinue in office until the first day of January, nineteen hundred
and thirty-seven, unless sooner removed under the provi-
sions of this section, and any vacancy occurring in their
number shall be filled in the manner provided for in this
section.

Section 2. Chapter forty-eight of the acts of eighteen
hundred and ninety-two and all other acts inconsistent here-
with are hereby repealed.

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

Approved May 7, 1936.

Acts, 1936. — Chaps. 263, 264. 245

An Act further extending the period of time within Qfiar) 263

WHICH the commissioner OF BANKS MAY BORROW FUNDS
FOR THE PAYMENT OF DIVIDENDS IN THE LIQUIDATION OF
CERTAIN CLOSED BANKS.

Whereas, The deferred operation of this act would tend Emergency

preamble.

to defeat its purpose to afford rehef without unnecessary
delay to depositors in closed banks, therefore it is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Section two of chapter one hundred and twenty-two of
the acts of nineteen hundred and thirty-two, as amended by
chapter three hundred and four of the acts of nineteen hun-
dred and thirty-four, is hereby further amended by striking
out, in the fourth line, the word "four" and inserting in
place thereof the word : — six, — so as to read as follows : —
Section 2. For the purpose of paying dividends in the
liquidation of any such bank as provided in section one, the
commissioner is hereby authorized in his discretion to bor-
row from time to time, within a period of six years from the
passage of this act, from such sources as he deems advisable,
such sum or sums, for such periods, at such rates of interest
and upon such terms and subject to such provisions as he
shall determine and as the supreme judicial court for the
county of Suffolk or for the county in which such bank has
its principal place of business shall authorize; and as se-
curity therefor may pledge and assign any or all the assets
of such bank. Approved May 7, 1936.

An Act making uniform the law with reference to (JJiaj) 264

TRUST receipts AND PLEDGES OF PERSONAL PROPERTY
unaccompanied BY POSSESSION IN THE PLEDGEE.

Be it enacted, etc., as follows:

The General Laws are hereby amended by inserting after o. l. (Xer.
chapter two hundred and fifty-five, as appearing in the ^hiiptCT "^^
Tercentenary Edition, the following new chapter: — 255A, added.

Chapter 255A.

Trust Receipts and Pledges without Possession in the

Pledgee.

Definitions.

Section 1. In this chapter, unless the context or subject
matter otherwise requires:

"Buyer in the ordinary course of trade" means a person
to whom goods are sold and delivered for new value and
who acts in good faith and without actual knowledge of any
limitation on the trustee's Uberty of sale, including one who

246 Acts, 1936. — Chap. 264.

takes by conditional sale or under a pre-existing mercantile
contract with the trustee to buy the goods delivered, or like
goods, for cash or on credit. " Buyer in the ordinary course
of trade" does not include a pledgee, a mortgagee, a lienor,
or a transferee of the whole.

"Document" means any document of title to goods.

"Entruster" means the person who has or directly or by
agent takes a security interest in goods, documents or instru-
ments under a trust receipt transaction, and any successor
in interest of such person. A person in the business of sell-
ing goods or instruments for profit, who at the outset of the
transaction has, as against the buyer, general property in
such goods or instruments, and who sells the same to the
buyer on credit, retaining title or other security interest
under a purchase money mortgage or conditional sales con-
tract or otherwise, is excluded.

"Goods" means any chattels personal other than: money,
things in action, or things so affixed to land as to become a
part thereof.

"Instrument" means —

(a) Any negotiable instrument as defined in chapter one
hundred and seven; or

(6) Any certificate of stock, or bond, or debenture for
the payment of money issued by a public or private cor-
poration as part of a series; or

(c) Any interim, deposit or participation certificate or
receipt, or other credit or investment instrument of a sort
marketed in the ordinary course of business or finance, of
which the trustee, after the trust receipt transaction, appears
by virtue of possession and the face of the instrument to be
the owner. "Instrument" does not include any document
of title to goods.

"Lien creditor" means any creditor who has acquired a
specific lien on the goods, documents or instruments by at-
tachment, by levy, or by any other similar operation of law
or judicial process, including a distraining landlord.

"New value" includes new advances or loans made, or
new obligation incurred, or the release or surrender of a
valid and existing security interest, or the release of a claim
to proceeds under section ten; but "new value" shall not
be construed to include extensions or renewals of existing
obligations of the trustee, nor obligations substituted for such
existing obligations.

"Person" means, as the case may be, an individual, trus-
tee, receiver or other fiduciary, partnership, corporation,
business trust, or other association, and two or more persons
having a joint or common interest.

"Possession", as used with reference to possession taken
or retained by the entruster, means actual possession of
goods, documents or instruments, or, in the case of goods,
such constructive possession as, by means of tags or signs
or other outward marks placed and remaining in conspicuous
places, may reasonably be expected in fact to indicate to

Acts, 1936. — Chap. 264. 247

the third party in question that the entruster has control
over or interest in the goods.

"Purchase" means taking by sale, conditional sale, lease,
mortgage, or legal or equitable pledge.

"Purchaser" means any person taking by purchase. A
pledgee, mortgagee or other claimant of a security interest
created by contract is, in so far as concerns his specific
security, a purchaser and not a creditor.

"Security interest" means a property interest in goods,
documents or instruments, limited in extent to securing per-
formance of some obligation of the trustee or of some third
person to the entruster, and includes the interest of a pledgee,
and title, whether or not expressed to be absolute, whenever
such title is in substance taken or retained for security only.

"Transferee of the whole" means a mortgagee or a
pledgee or a buyer of the trustee's business substantially
as a whole.

"Trustee" means the person having or taking possession
of goods, documents or instruments under a trust receipt
transaction, and any successor in interest of such person.
The use of the word "trustee" herein shall not of itself be
interpreted or construed to imply the existence of a trust
or any right or duty of a trustee in the sense of equity juris-
prudence other than as provided by this chapter.

"Value" means any consideration sufficient to support a
simple contract. An antecedent or pre-existing claim,
whether for money or not, and whether against the trans-
feror or against another person, constitutes value where
goods, documents or instruments are taken either in satis-
faction thereof or as security therefor.

WHAT CONSTITUTES TRUST RECEIPT TRANSACTION AND TRUST

RECEIPT.

Section 2. LA trust receipt transaction within the mean-
ing of this chapter is any transaction to which an entruster
and a trustee are parties, for one of the purposes set forth
in subsection 3, whereby —

(a) The entruster or any third person dehvers to the
trustee goods, documents or instruments in which the en-
truster (i) prior to the transaction has, or for new value
(ii) by the transaction acquires or (iii) as the result thereof
is to acquire promptly a security interest; or

(6) The entruster gives new value in reliance upon the
transfer by the trustee to such entruster of a security in-
terest in instruments or documents which are actually ex-
hibited to such entruster, or to his agent in that behalf, at
a place of business of either entruster or agent, but posses-
sion of which is retained by the trustee;

Provided, that the delivery under paragraph (a) or the
giving of new value under paragraph (6) is either —

(i) Against the signing and delivery by the trustee of a
writing designating the goods, documents or instruments

248 Acts, 1936. — Chap. 264.

concerned, and reciting that a security interest therein re-
mains in or will remain in, or has passed to or will pass to,
the entruster, or

(ii) Pursuant to a prior or concurrent written and signed
agreement of the trustee to give such a writing.

The security interest of the entruster may be derived from
the trustee or from any other person, and by pledge or by
transfer of title or otherwise.

If the trustee's rights in the goods, documents or instru-
ments are subject to a prior trust receipt transaction, sec-
tion nine, and if they are subject to a prior equitable pledge,
section three, shall determine the priorities.

2. A writing such as is described in paragraph (i) of sub-
section 1, signed by the trustee, and given in or pursuant
to such a transaction, is designated in this chapter as a
"trust receipt". No further formality of execution or au-
thentication shall be necessary to the validity of a trust
receipt.

3. A transaction shall not be deemed a trust receipt
transaction unless the possession of the trustee thereunder
is for a purpose substantially equivalent to any one of the
following :

(a) In the case of goods, documents or instruments, for
the purpose of selling or exchanging them, or of procuring
their sale or exchange; or

(6) In the case of goods or documents, for the purpose of
manufacturing or processing the goods delivered or covered
by the documents, with the purpose of ultimate sale, or for
the purpose of loading, unloading, storing, shipping, trans-
shipping or otherwise dealing with them in a manner pre-
hminary to or necessary to their sale; or

(c) In the case of instruments, for the purpose of deliver-
ing them to a principal, under whom the trustee is holding
them, or for the consummation of some transaction involv-
ing delivery to a depositary or registrar, or for their presen-
tation, collection, or renewal.

ATTEMPTED CREATION OR CONTINUANCE OF PLEDGE WITHOUT
DELIVERY OR RETENTION OF POSSESSION.

Section 3. 1. An attempted pledge or agreement to
pledge not accompanied by delivery of possession, which
does not fulfill the requirements of a trust receipt transac-
tion, shall be valid as against creditors of the pledgor only
as follows:

(a) To the extent that new value is given by the pledgee
in reliance thereon, such pledge or agreement to pledge shall
be valid as against all creditors with or without notice, for
ten days from the time the new value is given;

(6) To the extent that the value given by the pledgee is
not new value, and in the case of new value after the lapse
of ten days from the giving thereof, the pledge shall have
validity as against lien creditors without notice, who become

Acts, 1936. — Chap. 264. 249

such as prescribed in section eight, only as of the time the
pledgee takes possession, and without relation back.

2, Purchasers for value and without notice of the pledgee's
interest, and entrusters who give new value without such
notice, shall take free of any such pledge or agreement to
pledge unless, prior to the purchase or trust receipt trans-
action, it has been perfected by possession taken.

3. Where, under circumstances not constituting a trust
receipt transaction, a person, for a temporary and limited
purpose, delivers goods, documents, or instruments, in
which he holds a pledgee's or other security interest, to the
person holding the beneficial interest therein, the transac-
tion has like effect with an attempted pledge for new value
under this section.

CONTRACT TO GIVE TRUST RECEIPT.

Section 4- 1. A contract to give a trust receipt, if in
writing and signed by the trustee, shall, with reference to
goods, documents or instruments thereafter delivered by the
entruster to the trustee in reliance on such contract, be
equivalent in all respects to a trust receipt.

2. Such a contract shall as to such goods, documents, or
instruments be specifically enforceable against the trustee;
but this subsection shall not enlarge the scope of the en-
truster's rights against creditors of the trustee as limited
by this chapter.

VALIDITY BETWEEN THE PARTIES.

Section 5. Between the entruster and the trustee the
terms of the trust receipt shall, save a.s otherwise provided
by this chapter, be valid and enforceable. But no provision
for forfeiture of the trustee's interest shall be valid except
as provided in subsection 5 of section six.

REPOSSESSION, AND ENTRUSTER 's RIGHTS ON DEFAULT.

Section 6. 1. The entruster shall be entitled as against
the trustee to possession of the goods, documents or instru-
ments on default, and as may be otherwise specified in the
trust receipt.

2. An entruster entitled to possession under the terms of
the trust receipt or of subsection 1 may take such possession
without legal process, whenever that is possible without
breach of the peace.

3. (a) After possession taken, the entruster shall, sub-
ject to subdivision (6) and subsection 5, hold such goods,
documents or instruments with the rights and duties of a
pledgee.

(6) An entruster in possession may, on or after default,
give notice to the trustee of intention to sell, and may, not
less than five days after the serving or sending of such notice,
sell the goods, documents or instruments for the trustee's

250 Acts, 1936. — Chap. 264.

account, at public or private sale, and may at a public sale
himself become a purchaser. The proceeds of any such sale,
whether public or private, shall be applied (i) to the pay-
ment of the expenses thereof, (ii) to the payment of the
expenses of re-taking, keeping and storing the goods, docu-
ments, or instruments, (iii) to the satisfaction of the trus-
tee's indebtedness. The trustee shall receive any surplus
and shall be liable to the entruster for any deficiency. Notice
of sale shall be deemed sufficiently given if in writing, and
either (i) personally served on the trustee, or (ii) sent by
post-paid ordinary mail to the trustee's last known business'
address.

(c) A purchaser in good faith and for value from an en-
truster in possession takes free of the trustee's interest, even
in a case in which the entruster is liable to the trustee for
improperly disposing of the subject matter of the trust
receipt.

4. Surrender of the trustee's interest to the entruster shall
be valid, on any terms upon which the trustee and the en-
truster may, after default, agree.

5. As to articles manufactured by style or model, the
terms of the trust receipt may provide for forfeiture of
the trustee's interest, at the election of the entruster, in
the event of the trustee's default, against cancellation of the
trustee's then remaining indebtedness; provided that in the
case of the original maturity of such an indebtedness there
shall be cancelled not less than eighty per cent of the pur-
chase price to the trustee, or of the original indebtedness,
whichever is greater; or, in the case of a first renewal, not
less than seventy per cent, or, in the case of a second or
further renewal, not less than sixty per cent.

GENERAL EFFECT OF ENTRUSTER's FILING OR TAKING
POSSESSION.

Section 7. 1. (a) If the entruster within the period of
thirty days specified in subsection 1 of section eight files as
in this chapter provided, such filing shall be effective to
preserve his security interest in documents or goods against
all persons, save as otherwise provided by sections eight to
eleven, inclusive, fourteen and fifteen.

(h) Fifing after the lapse of said period shall be valid;
but in such event, save as provided in paragraph (6) of sub-
division 3 of section eight, the entruster's security interest
shall be deemed to be created by the trustee as of the time
of such fifing, without relation back, as against all persons
not having notice of such interest.

2. The taking of possession by the entruster shall, so long
as such possession is retained, have the effect of filing, in the
case of goods or documents; and of notice of the entruster's
security interest to all persons, in the case of instruments.

Acts, 1936. — Chap. 264. 251

VALIDITY AGAINST CREDITORS.

Section 8. 1. The entruster's security interest in goods,
documents or instruments under the written terms of a trust
receipt transaction, shall without any filing be valid as
against all creditors of the trustee, with or without notice,
for thirty da3^s after delivery of the goods, documents or in-
struments to the trustee, and thereafter except as in this
chapter otherwise provided.

But where the trustee at the time of the trust receipt
transaction has and retains instruments or documents, the
thirty days shall be reckoned from the time such instru-
ments or documents are actually shown to the entruster,
or from the time that the entruster gives new value under
the transaction, whichever is prior.

2. The entruster's security interest shall be void as against
lien creditors who become such after such thirty day period
and without notice of such interest and before filing.

3. (a) Where a creditor secures the issuance of process
which within a reasonable time after such issuance results
in attachment of or levy on the goods, he is deemed as against
the entruster to have become a lien creditor as of the date
of the issuance of the process. For the purposes of this para-
graph the date of the issuance of an original writ in an action
at law shall be the date when it was placed in the hands of an
officer for the purpose of making an attachment of the goods.

(6) An assignee for the benefit of creditors, from the time
of assignmicnt, or a receiver in equity, from the time of his
appointment, or a trustee or receiver in bankruptcy or as-
signee or like officer in judicial insolvency proceedings,
from the time of filing of the petition in bankruptcy or
judicial insolvency by or against the trustee, shall, on behalf
of all creditors, stand in the position of a lien creditor with-
out notice, without reference to whether he personally has
or has not, in fact, notice of the entruster's interest, unless
prior to such assignment or appointment, or prior to the
fifing of such petition, either (i) the entruster has filed or
taken possession of the subject matter of the transaction,
or (ii) all creditors have acquired notice thereof.

LIMITATIONS ON ENTRUSTER's PROTECTION AGAINST
PURCHASERS.

Purchasers of Negotiable Documents or Instruments.

Section 9. 1. (a) Nothing in this chapter shall limit the
rights of purchasers in good faith and for value from the trus-
tee of negotiable instruments or negotiable documents, and
purchasers taking from the trustee for value, in good faith,
and by transfer in the customary manner instruments in
such form as are by common practice purchased and sold as
if negotiable, shall hold such instruments free of the en-
truster's interest; and filing under this chapter shall not
|)e deemed to constitute notice of the entruster's interest to

252 Acts, 1936. — Chap. 264.

purchasers in good faith and for value of such documents or
instruments, other than transferees of the whole.

(6) The entrusting (directly, by agent, or through the
intervention of a third person) of goods, documents or in-
struments by an entruster to a trustee, under a trust receipt
transaction or a transaction falhng within section three,
shall be equivalent to the like entrusting of any documents
or instruments which the trustee may procure in substitu-
tion, or which represent the same goods or instruments or
the proceeds thereof, and which the trustee negotiates to a
purchaser in good faith and for value.

2. Where a buyer from the trustee is not protected under
subsection 1 hereof, the following rules shall govern:

(a) Sales by Trustee in the Ordinary Course of Trade.

(i) Where the trustee, under the trust receipt transaction,
has liberty of sale and sells to a buyer in the ordinary course
of trade, whether before or after the expiration of the thirty
day period specified in subsection 1 of section eight, and
whether or not filing has taken place, such buyer takes free
of the entruster's security interest in the goods so sold, and
no filing shall constitute notice of the entruster's security
interest to such a buyer.

(ii) No limitation placed by the entruster on the liberty
of sale granted to the trustee shall affect a buyer in the ordi-
nary course of trade, unless the limitation is actually known
to the latter.

(6) Purchasers Other than Buyers in the Ordinary Course of

Trade.

In the absence of filing, the entruster's security interest in
goods shall be valid, as against purchasers, save as provided
in this section; but any purchaser, not a buyer in the ordi-
nary course of trade, who, in good faith and without notice
of the entruster's security interest and before filing, either
(i) gives new value before the expiration of the thirty day
period specified in subsection 1 of section eight, or (ii) gives
value after said period, and who in either event before filing
also obtains delivery of goods from a trustee, shall hold the
subject matter of his purchase free of the entruster's security
interest; but a transferee of the whole can take only under
(ii) of this subdivision.

If the entruster consents to the placing of goods subject
to a trust receipt transaction in the trustee's stock in trade
or in his sales or exhibition rooms, or allows such goods to be
so placed or kept, such consent or allowance shall have like
effect as granting the trustee liberty of sale.

3. As to all cases covered by this section the purchase of
goods, documents or instruments on credit shall constitute
a purchase for new value, but the entruster shall be entitled

Acts, 1936. — Chap. 264. 253

to any debt owing to the trustee by reason of such purchase,
and any security therefor; except that the entruster's right
shall be subject to any set-off or defence valid against the
trustee and accruing before the purchaser has actual notice
of the entruster's interest.

entruster's right to proceeds.

Section 10. Where, under the terms of the trust receipt
transaction, the trustee has no liberty of sale or other dis-
position, or, having liberty of sale or other disposition, is to
account to the entruster for the proceeds of any disposition
of the goods, documents or instruments, the entruster shall
be entitled, to the extent to which and as against all classes
of persons as to whom his security interest was valid at the
time of disposition by the trustee, to the following:

(a) The debts described in subsection 3 of section nine;
and also

(6) Any proceeds or the value of any proceeds (whether
such proceeds are identifiable or not) of the goods, docu-
ments or instruments, if said proceeds were received by the
trustee within ten days prior to either application for ap-
pointment of a receiver of the trustee, or the filing of a
petition in bankruptcy or judicial insolvency proceedings by
or against the trustee, or demand made by the entruster for
prompt accounting; and to a priority to the amount of such
proceeds or value; and also

(c) Any other proceeds of the goods, documents or instru-
ments which are identifiable, unless the provision for ac-
counting has been waived by the entruster by words or
conduct; and knowledge by the entruster of the existence
of proceeds, without demand for accounting made within
ten days after such knowledge, shall be deemed such a
waiver.

LIENS IN COURSE OF BUSINESS GOOD AGAINST ENTRUSTER.

Section 11. Specific liens arising out of contractual acts
of the trustee with reference to the processing, warehousing,
shipping or otherwise deahng with specific goods in the
usual course of the trustee's business preparatory to their
sale shall attach against the interest of the entruster in said
goods as well as against the interest of the trustee, whether
or not filing has occurred under this chapter; but this sec-
tion shall not obligate the entruster personally for any debt
secured by such lien; nor shall it be construed to include
the lien of a landlord.

ENTRUSTER NOT RESPONSIBLE ON SALE BY TRUSTEE.

Section 12. An entruster holding a security interest
shall not, merely by virtue of such interest or of his having
given the trustee liberty of sale or other disposition, be
responsible as principal or as vendor under any sale or con-
tract to sell made by the trustee.

254 Acts, 1936. — Chap. 264.

FILING AND REFILING CONCERNING TRUST RECEIPT TRANS-
ACTIONS COVERING DOCUMENTS OR GOODS.

Section 13. 1. Any entruster undertaking or contem-
plating trust receipt transactions with reference to docu-
ments or goods, upon payment of the proper fee, may file
with the state secretary a statement, signed by the entruster
and the trustee, containing:

(a) A designation of the entruster and the trustee, and
of the chief place of business of each within the common-
wealth, if any; and if the entruster has no place of business
within the commonwealth, a designation of his chief place
of business outside the commonwealth; and

(b) A statement that the entruster is engaged, or expects
to be engaged, in financing under trust receipt transactions
the acquisition of goods by the trustee; and

2. The following form of statement (or any other form
of statement containing substantially the same information)
shall suffice for the purposes of this chapter:

Statement of Trust Receipt Financing.

The entruster, whose chief place of business

within this state is at , (or who has no place of

business within this state and whose chief place of business

outside this state is at ,) is or expects to be

engaged in financing under trust receipt transactions the

acquisition by the trustee, whose chief place of

business within this state is at of goods of the

following description :

(General words of description, such as "coffee", "silk",
"automobiles", will be sufficient.)

(Signed) Entruster.

(Signed) Trustee.

3. The state secretary shall cause each statement filed to
be marked with a consecutive file number, and with the
date and hour of filing, to be kept in a separate file, and to
be noted and indexed in a suitable index, arranged according
to the name of the trustee and containing a notation of the
trustee's chief place of business as given in the statement.
The fee for filing any such statement shall be one dollar.

4. Presentation for filing of the statement described in
subsection 1, and payment of the fihng fee, shall constitute
filing under this chapter, in favor of the entruster, as to any
documents or goods falling within the description in the
statement which are within one year after the date of such
filing, or have been, within thirty days previous to such fil-
ing, the subject-matter of a trust receipt transaction between
the entruster and the trustee.

Acts, 1936. — Chap. 264. 255

5. At an}^ time before expiration of the validity of the
filing, as specified in subsection 4, a like statement, or an
affidavit by the entruster alone, setting out the information
required by subsection 1, may be filed in like manner as the
original filing. Any filing of such further statement or affi-
davit shall be valid in like manner and for a like period as
an original fihng, and shall also continue the rank of the
entruster's existing security interest as against all junior
interests. The state secretary shall cause such further state-
ment or affidavit to be marked, filed and indexed in like
manner as the original statement.

LIMITATIONS ON EXTENT OF OBLIGATION SECURED.

Section 14- As against purchasers and creditors, the en-
truster's security interest may extend to any obligation for
which the goods, documents or instruments were security
before the trust receipt transaction, and to any new value
given or agreed to be given as a part of such transaction;
but not, otherwise, to secure past indebtedness of the
trustee; nor shall the obhgation secured under any trust
receipt transaction extend to obligations of the trustee to
be subsequently created.

CHAPTER NOT APPLICABLE TO CERTAIN TRANSACTIONS.

Section 15. The limitations on the rights of an entruster
or pledgee provided in this chapter shall not apply to single
transactions of legal or equitable pledge, not constituting a
course of business, whether such transactions be unaccom-
panied by delivery of possession, or involve constructive
dehvery, or delivery and redelivery, actual or constructive,
so far as such transactions are only between an entruster
who is an individual natural person, and a trustee entrusted
as a fiduciary with handling investments or finances of the
entruster; nor shall this chapter apply to transactions of
bailment or consignment in which the title of the bailor or
consignor is not retained to secure an indebtedness to him
of the bailee or consignee.

ELECTION AMONG FILING STATUTES.

Section 16. As to any transaction falling within the pro-
visions both of this chapter and of any other chapter requir-
ing filing or recording, the entruster shall not be required to
comply with both, but by complying with the provisions of
either at his election may have the protection given by the
chapter complied with; except that buyers in the ordinary
course of trade as described in subsection 2 of section nine,
and lienors as described in section eleven, shall be protected
as therein provided, although the compliance of the en-
truster be with the filing or recording requirements of another
chapter.

256 Acts, 1936. — Chap. 265.

CASES NOT PROVIDED FOR.

Section 17. In any case not provided for in this chapter
the rules of law and equity, including the law merchant,
shall continue to apply to trust receipt transactions and
purported pledge transactions not accompanied by delivery
of possession.

UNIFORMITY OF INTERPRETATION.

Section 18. This chapter shall be so interpreted and
construed as to effectuate its general purpose to make uni-
form the law of the states which enact it.

CONSTITUTIONALITY.

Section 19. If any provision of this chapter or the appli-
cation thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applica-
tions of the chapter which can be given effect without the
invalid provision or application, and to this end the provi-
sions of this chapter are declared to be severable.

CHAPTER TO PREVAIL IN CASE OF CONFLICT.

Section 20. In case of any conflict between this chapter
and chapter two hundred and fifty-five, the provisions of
this chapter shall prevail as to any trust receipt transaction
described in section two, and as to any pledge transaction
described in section three, which takes place after the effec-
tive date of this chapter.

SHORT TITLE.

Section 21. This chapter may be cited as the Uniform
Trust Receipts Act. Approved May 11, 1936.

Chap.2Q5 An Act relative to providing an additional water sup-
ply BY THE metropolitan DISTRICT COMMISSION FOR THE
TOWNS OF BELMONT, WATERTOWN AND ARLINGTON.

Be it enacted, etc., as follows:

Section 1. Section one of chapter three hundred and
thirty-three of the acts of nineteen hundred and thirt5'"-four
is hereby amended by inserting after the word "hundred"
in the eighth line the words: — and eighty-five, — and by
inserting after the word "thirty-five" in the eleventh line
the words : — and eighty-five thousand in the year nineteen
hundred and thirty-six, — so as to read as follows : — Section
1. The metropolitan district commission is hereby author-
ized to provide an additional water supply from the southern
high service of the metropolitan water system for the towns
of Belmont, Watertown and Arlington, and to construct such
reservoir, standpipes, mains, pipe lines, conduits and works

Acts, 1936. — Chap. 266. 257

as may be necessary therefor; and said commission may
expend for said purpose a sum not exceeding two hundred
and eighty-five thousand dollars, of which sum fifty thousand
dollars shall be apportioned and assessed in the current year,
and one hundred and fifty thousand in the year nineteen
hundred and thirty-five and eighty-five thousand in the year
nineteen hundred and thirty-six upon the cities and towns
of the metropolitan water district, in the manner provided
by section twenty-six of chapter ninety-two of the General
Laws.

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

Approved May 13, 1936.

An Act authorizing the school committee of the city (JJku) 266
OF quincy to take certain land for constructing and

ENCLOSING AN ATHLETIC FIELD AND TO CHARGE ADMISSION
FEES IN CONNECTION WITH CERTAIN CONTESTS AND EX-
HIBITIONS HELD ON SUCH LAND.

Be it enacted, etc., as follows:

Section 1. The school committee of the city of Quincy
is hereby authorized to take under chapter seventy-nine of
the General Laws, for educational, recreational and public
playground purposes, certain undeveloped park land in said
city, located on the southerly side of the Southern artery,
so called, and bounded and described as follows : — Beginning
at a point in the Southern artery in the center of Black's
creek ; thence running in a northwesterly direction along the
Southern artery sixteen hundred and ninety-five hundredths
feet to a point; thence again running in a northwesterly
direction along the Southern artery six hundred feet, more or
less, to a point; thence by a curved line at the junction of
Hancock street and Southern artery fifty-five feet, more or
less; thence running in a southerly direction along Hancock
street six hundred twenty feet, more or less, to a point at the
land of the Old Colony Street Railway Company; thence
running in an easterly direction on land of the Old Colony
Street Railway Company three hundred fifty-three and fifty-
five hundredths feet to a point; thence again running in an
easterly direction twenty-nine feet, more or less, to a point;
thence again running in an easterly direction by the center
of Black's creek six hundred twenty-five feet, more or less,
to a point in the northerly side of Furnace Brook parkway;
thence again running in an easterly direction along Furnace
Brook parkway seventy-eight feet, more or less, to a point,
thence again running in an easterly direction by the center of
Black's creek nine hundred ninety feet, more or less, to the
point of beginning. Said school committee may improve
such land and may construct thereon an athletic field and
appropriate structures connected therewith and with other
recreational uses. The land so acquired shall be known as
Veterans' Memorial Field, and said school committee shall

258 Acts, 1936. — Chaps. 267, 268.

have full and exclusive control and direction thereof, any
action of said city under chapter forty-five of the General
Laws to the contrary notwithstanding.

Section 2. Said school committee, in connection with
athletic contests or athletic or other exhibitions on such land
which are participated in by at least one of the schools in
said city under the jurisdiction of said school committee, may
charge an admission fee to said exhibitions or contests, the
amount of admission fee so charged not to be in excess of the
amount necessary to defray the expenses of said exhibitions
or contests including the equipping and training of the par-
ticipants therein.

Section 3. This act shall take full effect upon its accept-
ance during the current year by vote of the city council of
said city of Quincy, subject to the provisions of its charter.

Approved May IS, 1936.

Chap. 2^1 An Act prohibiting the scalping, so called, of tickets

ISSUED BY railroad CORPORATIONS.

Be it enacted, etc., as follows:

Ed^.ieo'^new Chapter one hundred and sixty of the General Laws is
section 198B, hereby amended by inserting after section one hundred and
ninety-eight A, as appearing in the Tercentenary Edition,
^^|c^iping"of the following new section: — Section 198B. Whoever shall
tickets. engage in the business of purchasing, selling or re-selling

railroad tickets, railroad ticket coupons or other evidences of
a right to ride on a railroad, or parts of such tickets, coupons
or other evidences, or shall purchase, sell, re-sell, barter, offer
for sale or barter, or advertise for sale or barter, the whole
or any part of any railroad ticket, railroad ticket coupon or
other evidence of a right to ride on a railroad, or shall in
any manner aid in so doing, or shall obtain for himself or
another, or avail himself of, any means of transportation on
a railroad, at any rate or rates other than or different from
those prescribed in the schedule of rates filed and published
by the corporation operating such railroad or in violation of
the conditions attached to any reduced rate ticket, shall be
punished by imprisonment for not more than one month or
by a fine of not more than one hundred dollars, or both.
Notwithstanding the provisions of this section, the pro-
visions of section one hundred and ninety-eight A shall
continue to govern as to the classes of tickets therein
specified. Approved May 13, 1936.

C hap. 2Q8 An Act further regulating the employment of persons

BY licensees conducting HORSE OR DOG RACES UNDER
the PARI-MUTUEL OR CERTIFICATE SYSTEM OF WAGERING.

Be it enacted, etc., as follows:

EdV 128A Chapter one hundred and twenty-eight A of the General

§ lb,' etc., ' Laws is hereby amended by striking out section ten, as ap-

amended.

Acts, 1936. — Chap. 269. 259

pearing in section three of chapter three hundred and
seventy-four of the acts of nineteen hundred and thirty-
four, and inserting in place thereof the following : — Section Penalty for
10. Any licensee permitting any minor to participate in the ^noT^t^
pari-mutuel or certificate system of wagering at a racing ^°^^^a,cing
meeting held or conducted by such licensee shall be pun- meetings,
ished by a fine of not more than one hundred dollars. At
least eighty-five per cent of the persons employed by a li-
censee at a racing meeting held or conducted by him shall
be citizens of the commonwealth and shall have been such
citizens for at least two years immediately prior to such
employment. Approved May 13, 1936.

An Act authorizing the town of scituate to borrow Chav.269

MONEY FOR THE PURPOSE OF RECONSTRUCTING ITS TOWN
PIER, AND VALIDATING THE ACTS OF THE TOWN MEETING
IN CONNECTION THEREWITH.

Be it enacted, etc., as follows:

Section 1. For the purpose of reconstructing the town
pier, the town of Scituate may borrow from time to time,
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding, in the aggre-
gate, thirty thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Scituate
Town Pier Loan, Act of 1936. 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 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. The action of the inhabitants of the town of
Scituate, at its annual town meeting in the current year, in
voting to appropriate thirty thousand dollars, of which sum
five thousand dollars was to be raised in the tax levy of the
current year and twenty-five thousand dollars to be borrowed,
to provide money to reconstruct the town pier is hereby
ratified and confirmed and shall have the same effect and
validity as if section one of this act had been in effect prior
to said vote.

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

Approved May 16, 1936.

260

Acts, 1936. — Chaps. 270, 271.

Chap. 270 An Act authorizing payments from estates op minors

UNDER guardianship FOR EXPENSES FOR THE FUNERALS
OF THEIR PARENTS.

Be it enacted, etc., as follows:

Chapter two hundred and one of the General Laws is
hereby amended by inserting after section thirty-nine, as
appearing in the Tercentenary Edition, the following new
section: — Section 39 A. If the estate of a minor under
guardianship includes the proceeds of an insurance pohcy
or benefit certificate, the payment of which was contingent
upon the death of his parent, the guardian of such minor, if
authorized by the probate court, may pay not more than two
hundred dollars for expenses for the funeral of such parent,
but if said proceeds amount to less than four hundred dollars
such payment shall in no event exceed one half the amount
of said proceeds; provided, that such payment shall be so
authorized or made only in case the estate of such parent is
insufficient to pay said expenses.

Approved May 16, 1936.

G. L. (Ter.
Ed.), 201,
new section
39 A, added.

Funeral ex-
penses, pay-
ments of,
from estates
of minors.

Chap. 211 An Act authorizing cities and towns to provide head-
quarters FOR LOCAL POSTS OF LA LEGION FRANCO-AMERI-

caine des etats-unis d'amerique.

Be it enacted, etc., as folloivs:

Section nine of chapter forty of the General Laws, as
most recently amended by chapter three hundred and five
of the acts of nineteen hundred and thirty-five, is hereby
further amended by inserting after the word "States" in
the seventh line the words : — and for a post or posts of La
Legion Franco-Americaine des Etats-Unis d'Amerique, —
so as to read as follows : — Section 9. A city or town may
for the purpose of providing suitable headquarters for a post
or posts of The American Legion and of the Veterans of
Foreign Wars of the United States 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 and for a post or posts of La Legion
Franco-Americaine des Etats-Unis d'Amerique, lease for a
period not exceeding five years buildings or parts of build-
ings 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 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

G. L. (Ter.
Ed.), 40, §9,
etc., amended.

Municipalities
authorized to
provide quar-
ters for local
posts of
veterans.

Acts, 1936. — Chap. 272. 261

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 hundred fifty mil-
lion dollars of valuation, or fraction thereof. The city coun-
cil of a city may, by a two thirds vote, appropriate 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 j^ear. Approved May 19, 1936.

An Act relative to the coverage of motor vehicles (Jfidnj 272

AND trailers UNDER COMPULSORY MOTOR VEHICLE LIA-
BILITY POLICIES OR BONDS IN CASE OF DEATH OF THE
OWNERS OF SUCH VEHICLES AND PENDING THE APPOINT-
MENT OF A LEGAL REPRESENTATIVE.

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

Be it enacted, etc., as follows:

Section one hundred and thirteen A of chapter one hun- o. l. (Ter.
dred and seventy-five of the General Laws, as amended, is fliaA^^etc,
hereby further amended by striking out provision numbered amended.
(6), as appearing in the Tercentenary Edition, and inserting
in place thereof the following: —

(6) That if, because of the insolvency or bankruptcy of nj°t"^y^\°g,
the insured under the policy, he loses his right to possession etc., in case
of the motor vehicle or trailer covered thereby within the Ciner*'' °^
policy period, the policy shall cover the legal representative
of his estate during the unexpired portion of such period to
the same extent as though such representative were named
as insured in the policy; and that, in the case of the death
of the insured within the policy period, the policy shall,
pending the appointment of a legal representative of his
estate, but not for a period extending beyond ninety days
after his death nor in any event beyond the date of expiration
of the policy, cover any person having proper temporary
custody of the motor vehicle or trailer referred to therein;
and that, if such a legal representative is appointed within
said period of ninety days, the policy shall during the un-
expired portion, if any, of the policy period cover such legal
representative to the same extent as though he were named
as insured in the policy; and that, if no legal representative
of the estate of such deceased insured is appointed within

262 Acts, 1936. — Chap. 273.

said period of ninety days, the policy, if still in force, shall
terminate and the said estate, if the premium on the poHcy
has been paid as set forth in provision (2), shall be entitled
to receive a return premium after deducting the customary
monthly short rates for the time the policy shall have been
in effect. Nothing herein contained shall operate to nullify
cancellation proceedings which have been commenced prior
to the death of the insured. Approved May 19, 1936.

Chap. 21^ An Act relative to the use of certain lands in the

CITY OF BOSTON BY THE BOSTON SOCIETY OF NATURAL
HISTORY.

Be it enacted f etc., as follows:

Section 1. All the proprietary right, title and interest
by way of reversion, right of re-entry or otherwise, remaining
to the commonwealth in that tract of land, being the easterly
one third of the square between Newbury, Boylston, Berke-
ley and Clarendon streets in the Back Bay district of the
city of Boston, which the Boston Society of Natural History
is authorized by chapter one hundred and eighty-three of
the acts of the year eighteen hundred and sixty-one to hold
and improve, is hereby released to the said Boston Society of
Natural History, its successors and assigns.

Section 2. Subject to the rights, if any, of other parties
and to the restrictions hereinafter set forth, the Boston
Society of Natural History, or its grantees, may erect upon
all or any part of said premises, buildings conforming to the
building laws of the city of Boston ; but no building erected
on the above described premises shall be used for a stable or
for any mechanical or manufacturing purposes. The front
wall thereof on Boylston street shall be set back twenty-two
feet from said street; and the front wall on Newbury street
shall be set back twenty-two feet from said street; but steps,
windows, porticos and other usual projections of such front
walls may be erected in said reserved space, subject to the
following limitations, namely: (1) that no projection of any
kind other than doorsteps and balustrades connected there-
with and also cornices at the roof of the building shall extend
more than five feet from said front walls into said space; and
(2) that no projection in the nature of a bay window, circular
front or octagon front, with the foundation walls sustaining
the same, such foundation wall being a projection of the
front wall, shall be erected unless any horizontal section
of such projection would fall within the external lines of a
trapezoid, whose base upon the rear line of the aforesaid
space does not exceed eighteen feet, and whose side lines
make an angle of forty-five degrees with the base; and the
total of the base lines of all such bay windows on any street
front shall not exceed seven tenths of the total length of said
street front.

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

Approved May 19, 1936.

Acts, 1936. — Chaps. 274, 275, 276. 263

An Act authorizing the city of chelsea to pay an Chap. 27 4:

ANNUITY TO FRANK T. WHALEN.

Be it enacted, etc., as follows:

Section 1, The city of Chelsea may pay to Frank T.
Whalen, employed for many years in the electrical depart-
ment of said city and who was permanently disabled on
August nineteenth, nineteen hundred and twenty-three, while
assisting a police officer of said city in the discharge of his
duties, as required by said officer, an annuity of not more
than one thousand dollars, to be paid in equal monthly
instalments.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the board of aldermen of
said city, subject to the provisions of its charter, but not
otherwise. Approved May 19, 1936.

Chap.275

An Act authorizing the city of revere to retire

ROBERT COPELAND.

Be it enacted, etc., as follows:

Section 1. The city of Revere may retire Robert Cope-
land, the city auditor of said city, who for more than forty
years has been in the service of said city, on an annual pen-
sion equal to one half the rate of compensation paid him at
the time of his retirement.

Section 2. This act shall take effect upon its acceptance
during the current year by a vote of the city council of said
city, subject to the provisions of its charter.

Approved May 19, 1936.

An Act changing the minimum age requirement for QJidj) 276
appointment of correction officers in the state ^'

PRISON.

Be it enacted, etc., as follows:

Section thirteen of chapter one hundred and twenty-five g. l. (Ter.
of the General Laws, as appearing in the Tercentenary Edi- fta.* amended,
tion, is hereby amended by striking out, in the tenth fine,
the word "twenty-five" and inserting in place thereof the
word: — twenty-two, — so as to read as follows: — Section Agerequire-
13. The officers of the state prison shall be a warden, deputy "olntm^ntTf"
warden, chaplain, physician and surgeon, clerk, engineer, ^^^|^g^°°
not more than three assistant engineers, electrician, and as state prison.
many correction officers, not exceeding fifty-eight, as the
warden, subject to the approval of the commissioner, may
find necessary; provided, that there may be employed therein
such additional officers as the commissioner shall consider
necessary to comply with section thirty-nine of chapter one
hundred and forty-nine. In certifying the names of persons

264 Acts, 1936. — Chaps. 277, 278.

eligible to appointment as correction officers, the commis-
sioner of civil service shall certify the names of persons over
the age of twenty-two and under the age of forty.

Approved May 19, 1936.

Chap. 277 An Act authorizing the city of Marlborough to retire

AND PENSION PATRICK M, SLATTERY AND FRANK MADDEN.

Be it enacted, etc., as follows:

Section 1. The city of Marlborough may retire Patrick
M. Slattery and Frank Madden, each of whom has faith-
fully served said city for over thirty years, and who are
now foremen in the highway department of said city, on
an annual pension equal to one half the annual compensa-
tion received by them at the time of retirement.

Section 2. This act shall be submitted for acceptance
to the voters of said city at the biennial state election in
the current year, in the form of the following question
which shall be placed upon the official ballot to be used in
said city at said election: "Shall an act passed by the Gen-
eral Court in the year nineteen hundred and thirty-six, en-
titled ' An Act authorizing the City of Marlborough to retire
and pension Patrick M. Slattery and Frank Madden', be
accepted?" If a majority of the votes cast on said question
are in the affirmative, this act shall thereupon take effect,
but not otherwise. Approved May 19, 1936.

Chap. 27 8 An Act authorizing the state planning board to act

JOINTLY WITH COMMISSIONS OR INDIVIDUALS DESIGNATED
BY OTHER NEW ENGLAND STATES AND NEW YORK IN FOR-
MULATING COMPACTS FOR THE DEVELOPMENT AND IM-
PROVEMENT OF NATURAL WATERWAYS COMMON TO ANY
TWO OR MORE OF SAID STATES.

Emergency Whevcas, The dcfciTed operation of this act would tend

pream e. ^^ defeat its purposc, therefore it is hereby declared to be an

emergency law, necessary for the immediate preservation

of the public convenience.

Be it enacted, etc., as follows:

Section 1. The state planning board is hereby requested
and thereunto empowered as a representative of this com-
monwealth to meet with commissions or individuals desig-
nated by the other New England states, the state of New
York and the federal government, or any of them, and
thereunto empowered, for the purpose of negotiating one
or more compacts to regulate matters relating to the devel-
opment and improvement of any or all the natural water-
ways flowing through, or situated within the boundaries of,
any of said states and also this commonwealth and also of
any or all their tributary natural waterways within any of

Acts, 1936. — Chap. 279. 265

said states or this commonwealth, including the elimination
of pollution from such waterways and the carrying out of
public works projects on the banks thereof and adjacent
areas.

Section 2. The state planning board shall submit to the
general court for ratification any such proposed compact or
compacts to which the commonwealth may become a party,
and shall from time to time report on the progress of nego-
tiations and recommend such legislation as it may deem
necessary or desirable to supplement said compacts by filing
drafts thereof with the clerk of the house of representatives
or the clerk of the senate. Approved May 20, 1936.

An Act relative to the sale and resale of tickets to Qhav 27Q

PLACES OF PUBLIC AMUSEMENT. ^ '

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 preservation of
the public convenience.

Be it enacted, etc., as follows:

Section one hundred and eighty-five A of chapter one g. l. (Ter.
hundred and forty of the General Laws, as appearing in the f igsif^'
Tercentenary Edition, is hereby amended by inserting after amended.
the word "eighty-two" in the fifth line the words: — of this
chapter or under chapter one hundred and twenty-eight A,
— and by adding at the end the following : — The sale of a
ticket or pass, entitling the holder thereof to admission to
any such theatrical exhibition, public show or public amuse-
ment or exhibition upon payment either of nothing or a
sum less than that demanded of the public generally, shall
be deemed to be a resale thereof within the meaning of this
section, — so as to read as follows: — Section 183 A. No Resale of
person shall engage in the business of reselling any ticket or tidfJts!' ^^^"
tickets of admission or other evidence of right of entry to
any theatrical exhibition, public show or public amusement
or exhibition required to be licensed under sections one hun-
dred and eighty-one and one hundred and eighty-two of
this chapter or under chapter one hundred and twenty-eight
A, whether such business is conducted on or off the premises
on which such ticket or other evidence is to be used, without
being licensed therefor by the commissioner of public safety,
in this and the six following sections called the commissioner.
A license shall be granted only upon a written application
setting forth such information as the commissioner may
require. Each license issued under this section shall be in
force until the first day of January next after its date, unless
sooner revoked. No such license may be transferred or
assigned except upon written permission of the commis-
sioner. The sale of a ticket or pass, entitling the holder
thereof to admission to any such theatrical exhibition, pub-
lic show or public amusement or exhibition upon payment

266 Acts, 1936. — Chaps. 280, 281.

either of nothing or a sum less than that demanded of the
pubHc generally, shall be deemed to be a resale thereof
within the meaning of this section.

Approved May 20, 1936.

Chap. 280 -A-N Act providing a retirement allowance under the

teachers' retirement system for JOHN F. GANNON OF
PITTSFIELD.

Be it enacted, etc., as follows:

John F. Gannon of Pittsfield, who served in the public
schools of the commonwealth for more than thirty-three
years, and at the time of his dismissal from such service in
June, nineteen hundred and thirty-four, was superintendent
of schools in the city of Pittsfield, shall be retired under the
teachers' retirement system and shall receive the retirement
allowance thereunder to which he would have been entitled
if he had been retired by the school committee of said city,
with the approval of the teachers' retirement board, under
paragraph (8) of section ten of chapter thirty-two of the
General Laws. Said retirement allowance shall be allowed
from the day next following the last day for which said
Gannon received salary as said superintendent of schools.

Approved May 20, 1936.

ChaV-281 -^N ^^^ further extending the opportunity to cities

AND TOWNS TO BORROW UNDER THE ACT CREATING THE
emergency FINANCE BOARD, AND FURTHER INCREASING
THE FUNDS AVAILABLE THEREFOR.

Emergency Whercas, The deferred operation of this act would tend to

pream e. defeat its purposo, 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 forty-nine of the acts of nineteen
hundred and thirty-three, as amended by section two of
chapter three hundred of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out said
section two of said chapter forty-nine and inserting in place
thereof the following: — Section 2. The treasurer of any
city or town, if authorized 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 aggre-
gate, the total amount represented by tax titles taken or

Acts, 1936. — Chap. 281. 267

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-eight. In case of
such approval, the treasurer of such city or town shall, with-
out 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 thirty-nine. Such notes shall be
general obligations of the city or town issuing the same,
notwithstanding the foregoing provisions. Indebtedness in-
curred by a city or town under authority of this act shall be
outside its limit of indebtedness as fixed by chapter forty-
four of the General Laws. The excess, if any, of the amount
of interest payments received by the commonwealth on ac-
count 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 compen-
sation paid to its appointive members, and expenses of ad-
ministration of the funds provided by sections three and five
shall be distributed to such cities and towns in November,
nineteen hundred and forty-two, 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 here-
under.

Section 2. Section five of said chapter forty-nine, as
most recently amended by section three of said chapter three
hundred, is hereby further amended by striking out, in the
fifth line, the word "twenty" and inserting in place thereof
the word : — twenty-five, — and by striking out, in the
fifteenth hne, the word "forty" and inserting in place thereof
the word : — forty-two, — 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 ex-
ceeding twenty-five 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 bj^ 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 amend-
ments to the constitution of the commonwealth, but such
notes, whether original or renewal, shall be payable not later
than November thirtieth, nineteen hundred and forty-two.

268

Acts, 1936. — Chaps. 282, 283.

All notes issued under this section shall be signed by the state
treasurer, approved by the governor and countersigned by
the comptroller. Approved May 22, 1936.

Chap. 2S2 An Act relative to the tenure of office of clerks of

DISTRICT COURTS AND THE BOSTON JUVENILE COURT.

G. L. (Ter.
Ed.), 218. § 8,
amended.

Tenure of
office of clerks
of district
courts.

G. L. (Ter.
Ed.), 218, § 58,
amended.

Tenure of
office of clerk
of Boston
juvenile court.

Provisions of
act applicable
to present
incumbents.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and eighteen of the
General Laws is hereby amended by striking out section
eight, as appearing in the Tercentenary Edition, and inserting
in place thereof the following : — Section 8. Each district
court shall have a clerk, except that the municipal court of
the city of Boston shall have two clerks as provided in section
fifty-three. All such clerks shall be appointed by the gover-
nor, with the advice and consent of the council, and shall hold
ofiice during good behavior, but subject, however, to retire-
ment under the provisions of any applicable general or special
law relative to retirement systems.

Section 2. Said chapter two hundred and eighteen is
hereby further amended by striking out section fifty-eight,
as so appearing, and inserting in place thereof the following:
— Section 58. Said court shall consist of one justice and
two special justices. It shall have a clerk, who shall be
appointed by the governor, with the advice and consent of
the council, and shall hold office during good behavior, but
subject, however, to retirement under the provisions of any
applicable general or special law relative to retirement
systems.

Section 3. Every clerk of a district court, including the
clerk of the Boston juvenile court, in office upon the effective
date of this act shall continue to hold such office during good
behavior, subject to the provisions of this act and other
pertinent provisions of general law.

Approved May 22, 1936.

Chap. 28S An Act relative to prizes offered in connection with

ANY GAME OF THE TYPE COMMONLY CALLED BEANO.

G. L. (Ter.
Ed.), 271.
§ 22A. etc.,
amended.

Prizes offered
to be made in
this country.

Be it enacted, etc., as follows:

Section twenty-two A of chapter two hundred and seventy-
one of the General Laws, as most recently amended by chap-
ter two hundred and twenty-two of the acts of the current
year, is hereby further amended by adding at the end thereof
the following new paragraph: —

No prize shall be offered as aforesaid in connection with the
game commonly called beano, or substantially the same game
under another name, unless such prize was manufactured
or produced in the United States. Whoever violates the pro-
visions of this paragraph shall be punished by a fine of not
more than five hundred dollars. Approved May 22, 1936.

Acts, 1936. — Chaps. 284, 285. 269

An Act relative to the terms of certain notes to be (Jfidj) 284

ISSUED BY the COMMONWEALTH FOR PROVIDING FURTHER
FINANCIAL RELIEF FOR THE TOWN OF MILLVILLE.

Be it enacted, etc., as follows:

The notes which the state treasurer is authorized to issue
under chapter four hundred and seventy of the acts of nine-
teen hundred and thirty-five, relative to the municipal
finance commission for the town of Millville and providing
further for the financial relief of said town, shall be issued
for maximum terms of years expiring not later than Novem-
ber thirtieth, nineteen hundred and forty-one, as recom-
mended on May sixth, nineteen hundred and thirty-six, by
the governor in a message to the general court in pursuance
of section three of Article LXII of the amendments to the
constitution of the commonwealth.

Approved May ^%, 1936.

Chap.285

An Act amending certain provisions of the law re-
lating TO savings bank life insurance.

Be it enacted, etc., as follows:

Section 1. Section fifteen of chapter one hundred and g. l. (Ter.
seventy-eight of the General Laws, as amended by section ^tti'amlnded.^'
four of chapter three hundred and thirty of the acts of nine-
teen hundred and thirty-five, is hereby further amended by
striking out, in the eleventh to fourteenth lines, inclusive,
the words "Every policy and annuity contract shall provide
that the issuing bank may make any payment thereunder by
placing to the credit of the account of the registered benefici-
ary in the savings department the amount payable."

Section 2. Section twenty-one of said chapter one hun- g. l. (Ter.
dred and seventy-eight, as amended by section seven of said ^tc'^'amfAded^'
chapter three hundred and thirty, is hereby further amended
by inserting after the word "its" in the twenty-fifth line the
word: — insurance, — and by inserting after the word "dis-
tribution" in the twenty-sixth line the following: — , so far
as relates to holders of insurance policies, — so as to read as
follows : — Section 21 . Each savings and insurance bank Certain profits
shall annually set apart as a surplus from the net profits, if as emergen^cy^
any, which have been earned in its insurance department, ^^^^' ^*°-
an amount not less than twenty nor more than seventy-five
per cent thereof, until such surplus amounts to twenty thou-
sand dollars. Thereafter each such bank may add in any
year to its surplus not more than fifteen per cent of the net
profits, if any, which have been earned in its insurance de-
partment in such year; provided, that, with the approval
of the state actuary, an amount in excess of said fifteen per
cent of said net profits may be added to said surplus and,
provided further, that no such bank shall, without the ap-
proval of the state actuary, add to its said surplus any amount

270

Acts, 1936. — Chap. 285.

G. L. (Ter.
Ed.), 178. § 29
amended.

Annual state-
ment of
condition.

G. L. (Ter.
Ed.), 178, § 30,
amended.

Annual state-
ment of
treasurer of
General Insur-
ance Guaranty
Fund.

which would make said surplus exceed ten per cent of the
net insurance reserve of said bank. Such surplus shall be
maintained and held or used so far as necessary to meet
losses in its insurance department whether from unexpect-
edly great mortality, depreciation in its securities, or other-
wise, and, after said surplus amounts to twenty thousand
dollars, for the maintenance of a stable dividend scale, and
for the payment of settlement or maturity dividends or both
in such manner and in such amounts if any, as may from
time to time be directed by the state actuary. The balance
of the net profits of each year shall annually be distributed
equitably among the holders of its insurance poHcies and
annuity contracts, such distribution, so far as relates to
holders of insurance policies, to be made at the option of the
policy holder in accordance with section one hundred and
forty of chapter one hundred and seventy-five.

Section 3. Section twenty-nine of said chapter one
hundred and seventy-eight, as appearing in the Tercentenary
Edition, is hereby amended by striking out, in the first line,
the word "fifty" and inserting in place thereof the word: —
sixty, — so as to read as follows : — Section 29. The treas-
urer shall annually, within sixty days after the last business
day in October, file with the commissioner of insurance and
the commissioner of banks a statement showing the financial
condition of the insurance department on the last business
day of October. Such annual statement shall be in the form
required by the commissioners, who shall embody therein
so much of the forms now prescribed for life insurance com-
panies and for savings banks as may seem to them appro-
priate, with any additional inquiries they may require for
the purpose of eliciting a complete and accurate exhibit of
the condition and transactions of the banks. The assets and
liabilities shall be computed and allowed in such statement
in accordance with the rules governing insurance companies,
except as herein otherwise provided. The president or vice
president of the savings and insurance bank and five or more
of its trustees shall make oath that the report is correct ac-
cording to the best of their knowledge and belief. The com-
missioner of insurance and the commissioner of banks may
also at any time require the treasurer to make such other
statement of condition or furnish such other information
concerning the insurance department as they deem neces-
sary.

Section 4. Section thirty of said chapter one hundred
and seventy-eight, as so appearing, is hereby amended by
striking out, in the second fine, the word "thirty" and insert-
ing in place thereof the word: — sixty, — so as to read as
follows : — Section 30. The treasurer of the General Insur-
ance Guaranty Fund shall annually, within sixty days after
the last business day of October, file with the commissioner
of insurance and the commissioner of banks a statement,
in such form as said commissioners shall prescribe, showing
its financial condition on the last business day of October,

Acts, 1936. — Chaps. 286, 287. 271

and shall also at any time make such statement of condition
and furnish such other information concerning its business
as said commissioners deem necessary. The president of
said fund and three or more trustees thereof shall make oath
that the report is correct to the best of their knowledge and
belief. Approved May 22, 1936.

An Act relative to registry of mental defectives. (Jhnrf 286

Be it enacted, etc., as follows:

Chapter one hundred and twenty-three of the General g. l. (Ter.
Laws is hereby amended by striking out section thirteen, amende^d.' ^^'
as appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 13. The department Registry
shall establish and maintain a registry of mental defectives, alfTc'uves.
and may report therefrom such statistical information as it
deems proper; but the name of any person so registered shall
not be made public except, upon written request therefor,
to public officials or other persons having authority over the
person so registered, or to charitable corporations incorpo-
rated in this commonwealth and subject to section twelve of
chapter one hundred and eighty, and the records constitut-
ing the registry shall not be open to public inspection.

Approved May 22, 1936.

An Act providing for the reinstatement in the classi- fhnj) 287

FIED civil service OF RETIRED MUNICIPAL OFFICERS AND ^'

employees IN CERTAIN CASES OF INVALID RETIREMENT.

Be it enacted, etc., as follows:

Section 1. Chapter thirty-one of the General Laws is o. l. (Ter.
hereby amended by inserting after section forty-six G, in- ^ction46H7
serted by chapter four hundred and eight of the acts of nine- added.
teen hundred and thirty-five, the following new section : —
Section Jf6H. Any officer or employee of a city or town who Reinstatement
has become separated from the classified civil service by
reason of his retirement under the provisions of any general
or special law, if his retirement is subsequently invalidated
and his retirement allowance discontinued by reason of the
illegality of, or a defect in, the proceedings relative to such
retirement, shall, upon application to the commissioner
within one year from the last payment of said retirement
allowance be reinstated by the commissioner in the same
position, or in a position in the same class and grade as that
formerly held by him, without loss of compensation.

Section 2. Any officer or employee of a city or town Tempwary
whose retirement was invalidated, and whose retirement provisions.
allowance was discontinued, for the reasons set forth in sec-
tion one, prior to the effective date of this act, may apply for
reinstatement under said section one within one year after
said effective date and in such case the provisions of said
section shall apply. Approved May 22, 1936.

after retire-
ment.

272 Acts, 1936. — Chaps. 288, 289, 290.

C hap. 2S8 An Act providing for the restoring of Harriet l.

RICHARDSON TO CERTAIN BENEFITS OF THE STATE RETIRE-
MENT SYSTEM.

Be it enacted, etc., as follows:

Harriet L. Richardson, employed as principal clerk in the
comptroller's bureau of the commission on administration
and finance, who was separated from the service of the com-
monwealth from November, nineteen hundred and twenty-
one, to November, nineteen hundred and twenty-nine, may
deposit in the annuity fund of the state retirement pension
association the amount which was refunded to her when she
withdrew from the service of the commonwealth plus such
additional amount as the state board of retirement may
determine in order to make the amount of her account in said
annuity fund equal to the amount which it would have been
if she had been reinstated in said association on the date
of her re-employment in the service of the commonwealth
in the year nineteen hundred and twenty-nine. The state
treasurer shall receive said amounts in such equal instalments
as said board shall find necessary to complete all instalment
payments not later than January first, nineteen hundred and
forty-four. Upon the payment in full of said amounts, said
Harriet L. Richardson shall be entitled to all the rights and
privileges of members of said retirement association which
she would have enjoyed if she had been continuously em-
ployed by the commonwealth; provided, that said period of
separation from the service of the commonwealth shall not
be counted as service. Approved May 22, 1936.

Chap. 289 An Act establishing the retirement allowance of

EDWARD J. McNULTY OF REVERE, A FORMER EMPLOYEE OF
THE soldiers' HOME IN MASSACHUSETTS.

Be it enacted, etc., as follows:

Section 1. The retirement allowance of Edward J.
McNulty of Revere, recently retired as an employee of the
Soldiers' Home in Massachusetts on account of disability
incurred during service, shall be four hundred and eighty
dollars per annum.

Section 2. This act shall take effect as of January first
in the current year. Approved May 22, 1936.

Chap. 290 An Act relative to the pensions of laborers, foremen,

inspectors, mechanics, DRAW TENDERS, ASSISTANT DRAW
TENDERS AND STOREKEEPERS IN THE EMPLOY OF CERTAIN
CITIES AND TOWNS.

Be it enacted, etc., as follows:

G. L. (Ter._^ SECTION 1. Scction seventy-seven of chapter thirty-two
amended.^ '^' of the General Laws, as appearing in the Tercentenary Edi-

Acts, 1936. — Chap. 290. 273

tion, is hereby amended by striking out paragraph (a) and
inserting in place thereof the following : —

(a) Any laborer in the employ of a city or town, except Pensions
Boston, which accepted chapter five hundred and three of ""^ ^^Q''®"-
the acts of nineteen hundred and twelve, who has reached
the age of sixty and has been in such employ for not less than
twenty-five years and has become physically or mentally
incapacitated for labor, and any laborer in the employ of such
city or town who has been in such employ for not less than
fifteen years and has become physically or mentally inca-
pacitated for labor by reason of any injury received in the
performance of his duties for such city or town may, at his
request, in cities, with the approval of the mayor, or in towns,
with the approval of the selectmen, be retired from service;
and if so retired he shall receive from the city or town for the
remainder of his life an annual pension equal to one half of
the annual compensation paid to him as a laborer at his
retirement, or, if he was not employed continuously through-
out the year, an annual pension equal to one half of what his
compensation for continuous service throughout the year
would have been at the rate of pay he received as a laborer
at his retirement. Any laborer in the employ of such city or
town who has reached the age of sixty-five and has been in
such employ for not less than twenty-five years, including
the time when incapacitated by reason of sickness, not ex-
ceeding two years in the aggregate, as certified by a physician
in regular standing, shall be retired from service, and shall
receive from the city or town an annual pension computed
in the manner hereinbefore set forth. No laborer in the em-
ploy of such a city or town shall be eligible for retirement
under any method provided in this section unless he has
actually been employed by it as a laborer for at least thirty-
two weeks in the aggregate in each of the years of employ-
ment required under such method, but this provision shall
not affect the deduction of time permitted by the preceding
sentence in the case of incapacity by reason of sickness.

Section 2. Said section seventy-seven of said chapter g. l. (Ter.
thirty-two, as so appearing, is hereby further amended by f^ther^' ^ ^^'
adding at the end the following new paragraph: — amended.

(c) In any city or town, except Boston, which accepted same subject.
said chapter five hundred and three and shall accept this
paragraph, whether or not it has accepted the preceding
paragraph or corresponding provisions of earlier laws,
"laborers" shall include foremen, inspectors, mechanics,
draw tenders, assistant draw tenders and storekeepers, and
the pension payable under this section to any person holding
a position included as aforesaid within the meaning of the
word "laborers" shall be computed in the manner set forth
in paragraph (a). Approved May 22, 1936.

274

Acts, 1936. — Chap. 291.

G. L. (Ter.
Ed.), 123. § 39,
amended.

Patients'
funds.

G. L. (Ter.
Ed.), 123,
§39A,
amended.

Chap. 291 An Act relative to certain funds of persons now or

FORMERLY UNDER THE SUPERVISION OF THE DEPARTMENT OF
MENTAL DISEASES.

Be it enacted, etc., as follows:

Section 1. Section thirty-nine of chapter one hundred
and twenty-three of the General Laws, as appearing in the
Tercentenary Edition, is hereby amended by adding at the
end thereof the following new sentence : — The commissioner
may deposit in any such bank or trust company in an account,
entitled "Patients' Funds", funds belonging to patients,
funds deposited by their relatives or friends, and funds earned
by patients who are committed to the department or are
under its supervision, to be used for their benefit under reg-
ulations prescribed by the department.

Section 2. Section thirty-nine A of said chapter one hun-
dred and twenty-three, as so appearing, is hereby amended
by striking out the first sentence and inserting in place
thereof the following: — So much of any funds known as
"Patients' Funds" as represents monies belonging to, or
deposited for the benefit of, patients who have been dis-
charged or have escaped from any state hospital or from the
custody of the department, which shall have remained un-
claimed for more than seven years, shall be paid by the su-
perintendent of such state hospital or by the commissioner to
the state treasurer to be held subject to be paid to the person
establishing a lawful right thereto, with interest at the rate
of three per cent per annum from the time when it was so
paid to the state treasurer to the time when it is paid by him
to such person; provided, that so much of any monies so
paid to the state treasurer as may be necessary to reimburse
the department for any sum due for the support of the person
by whom, or for whose benefit, such money was originally
deposited, shall be credited to the department for that pur-
pose, — so as to read as follows: — Section 39 A. So much of
any funds known as "Patients' Funds" as represents monies
belonging to, or deposited for the benefit of, patients who have
been discharged or have escaped from any state hospital or
from the custody of the department, which shall have re-
mained unclaimed for more than seven years, shall be paid
by the superintendent of such state hospital or by the com-
missioner to the state treasurer to be held subject to be paid
to the person establishing a lawful right thereto, with interest
at the rate of three per cent per annum from the time when
it was so paid to the state treasurer to the time when it is
paid by him to such person; provided, that so much of any
monies so paid to the state treasurer as may be necessary to
reimburse the department for any sum due for the support
of the person by whom, or for whose benefit, such money was
originally deposited, shall be credited to the department for
that purpose. After six years from the date when any such
monies were paid to the state treasurer the same or any

Disposition
of unclaimed
funds.

Acts, 1936. — Chap. 291. 275

balance thereof then remaining in his hands may be used as
a part of the ordinary revenue of the commonwealth. Any
person may, however, establish his claim after the expiration
of the six years above mentioned and any claim so established
shall be paid from the ordinary revenue of the commonwealth.
Any person claiming a right to money deposited with the
state treasurer under this section may establish the same by
a petition to the probate court; provided, that in cases where
claims amount to less than fifty dollars, the claims may be
presented to the comptroller who shall examine the same
and allow and certify for payment such as may be proved to
his satisfaction.

Section 3. Said chapter one hundred and twenty-three g. l. (Ter.
is hereby further amended by striking out section thirty- f s'ob^^^'
nine B, inserted therein by chapter two hundred and four of amended.
the acts of nineteen hundred and thirty-two, and inserting
in place thereof the following: — Section 39B. Property, Disposition
known as "Patients' Valuables", belonging to, or deposited "Pau'ent?^
for the benefit of, former patients of any state hospital, or valuables".
former patients under the supervision of the department,
which shall have remained unclaimed for more than one year,
shall be disposed of as hereinafter provided, but only if all
known next of kin of the former patient shall have been
notified in writing by said superintendent or by the depart-
ment, as the case may be. Such disposition shall be made by
a special board consisting, in the case of a former patient of a
state hospital, of the superintendent of such hospital and a
representative of the department designated by it, or, in the
case of a former patient under the supervision of the depart-
ment, of one or more representatives of the department
designated by it. The board shall ascertain whether the prop-
erty has any sale value and, if so, shall solicit from at least
three reputable dealers in like property offers for the purchase
thereof, and shall sell the same to the dealer offering the
highest price. The proceeds of such sale shall be added to the
funds deposited by the superintendent of the hospital or by
the commissioner, as the case may be, known as "Patients'
Funds" and shall be disposed of as provided in section thirty-
nine A. The board may dispose of such of said property as,
in its opinion, has no sale value, or any of said property for
which no offer, solicited as aforesaid, has been received, in
such manner as it may deem proper. A complete record of
each transaction hereunder shall be made and signed by all
members of the board and filed with the other records at the
hospital or at the office of the department relating to the
former patient whose property shall have been disposed of
as aforesaid.

Section 4. Said chapter one hundred and twenty-three g. l. (Ter.
is hereby further amended by striking out section thirty- f 390^^^'
nine C, inserted therein by chapter two hundred and fifty- amended.
six of the acts of nineteen hundred and thirty-three, and in-
serting in place thereof the following: — Section 39C. Any Disposition
bank book representing a deposit account in a savings bank Clnk boo"kI'^

276 Acts, 1936. — Chaps. 292, 293.

or trust company within the commonwealth, which belongs
to a patient who has been discharged or has escaped from
any state hospital or from the supervision of the department
and which shall have remained unclaimed for more than
two years in the custody of the superintendent of such hos-
pital or in the custody of the commissioner of the department,
may be presented by the department to such bank or trust
company accompanied by the written request of the depart-
ment for payment to it of the amount of such deposit account
except so much as is in excess of the amount due the com-
monwealth for the support of such patient, and such bank or
trust company shall thereupon pay to the department the
amount so requested. Approved May 22, 1936.

Chap. 2^2 An Act placing the office of agent for public welfare
OF the town of natick under the civil service laws.

Be it enacted, etc., as follows:

Section 1. The office of agent for pubhc welfare of the
town of Natick shall, upon the effective date of this act, be-
come subject to the civil service laws and rules and regula-
tions, and the tenure of office of any incumbent thereof shall
be unlimited, subject, however, to such laws; provided, how-
ever, 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 year nineteen
hundred and thirty-seven in the form of the following ques-
tion, 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 hun-
dred and thirty-six, entitled 'An Act placing the office of
agent for public welfare of the town of Natick 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 May 22, 1936.

Chap. 2^^ An Act authorizing the adjutant general to complete

THE RECORDS OF MASSACHUSETTS TROOPS IN THE WAR OF
eighteen hundred and TWELVE IN THE POSSESSION OF
THE COMMONWEALTH.

Be it enacted, etc., as follows:

For the purpose of completing the work of procuring from
the United States of America copies of the records of Massa-
chusetts troops in the war of eighteen hundred and twelve,
as authorized by chapter one hundred and fifty-three of the
acts of nineteen hundred and thirty-four, the adjutant gen-
eral may expend such sums, not exceeding, in the aggregate,
six hundred dollars, as may hereafter be appropriated there-
for. Approved May 25, 1936.

Acts, 1936. — Chaps. 294, 295. 277

An Act relative to fishing in ponds situated partly (JJid^ 294
IN the commonwealth and partly in another state.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-one of the General Laws g. l. (Ter.
is hereby amended by inserting after section forty-three, ^ctkn^43Af^
as appearing in the Tercentenary Edition, the following new added.
section : — Section 43 A . If, in the case of a pond situated ^^^^j" l^^g^jj.
partly in this commonwealth and partly in another state, boundaries,
the laws of such other state permit fishing in that part regulated.
thereof lying within such other state by persons licensed or
otherwise entitled under the laws of this commonwealth to
fish in that part of such pond lying within this common-
wealth, persons licensed or otherwise entitled under the laws
of such other state to fish in the part of such pond lying
within such other state shall be permitted to fish in that
part thereof lying within this commonwealth, and, as to
such pond, the operation of the laws of this commonwealth
relative to open and closed seasons, limits of catch, minimum
sizes of fish caught and methods of fishing shall be suspended
upon the adoption and during the continuance in force of
rules and regulations relative to those subjects and affecting
that part of such pond lying within this commonwealth,
which rules and regulations the director is hereby authorized
to make. Before making such rules and regulations, said
director shall confer with the officer or board having like
duties in such other state, in order to secure uniformity of
law, rules and regulations as to the whole of such pond, if
practicable. Such rules and regulations shall prior to their
effective date be printed and available for distribution at
the office of the director and of the clerk of each town in
this commonwealth in which any part of such pond is situ-
ated or to which it lies adjacent.

Approved May 25, 1936.

An Act relative to patients' funds at the state infirm- Chav. 295
ary and the disposition of unclaimed property and
moneys represented by bank books belonging to
former patients.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-two of the General Ed t' 122 'new
Laws is hereby amended by inserting after section two A, sections 2'b-2E,
as appearing in the Tercentenary Edition, the following four ^'^^''^•
new sections: — Section 2B. The superintendent of the Deposit of
state infirmary may deposit in any bank or trust company p^^'®'^*^ ^"'^'^®-
within the commonwealth funds belonging to patients and
funds deposited by their relatives or friends to be used for
their benefit, in an account entitled "Patients' Funds".

Section 2C. So much of any funds known as "Patients' Disposition of
Funds" as represents monies belonging to, or deposited for p^**®''*^

278

Acts, 1936. — Chap. 295.

Disposition
of patients'
valuables.

Disposition
of patients'
bank books.

the benefit of, former patients of the state infirmary, which
shall have remained unclaimed for more than seven years,
shall be paid by the superintendent of said state infirmary
to the state treasurer to be held subject to be paid to the
person establishing a lawful right thereto, with interest at
the rate of three per cent per annum from the time when it
was so paid to the state treasurer to the time when it is paid
by him to such person; provided, that so much of any monies
so paid to the state treasurer as may be necessary to reim-
burse the trustees of the state infirmary for any sum due for
the support of the person by whom or for whose benefit such
money was originally deposited shall be credited to said trus-
tees for that purpose. After six years from the date when
any such monies were paid to the state treasurer the same or
any balance thereof then remaining in his hands may be used
as a part of the ordinary revenue of the commonwealth.
Any person may, however, establish his claim after the ex-
piration of the six 5'ears above mentioned, and any claim so
established shall be paid from the ordinary revenue of the
commonwealth. Any person claiming a right to money de-
posited with the state treasurer under this section may es-
tablish the same by a petition to the probate court; provided,
that in cases where claims amount to less than fifty dollars,
the claims may be presented to the comptroller who shall
examine the same and allow and certify for payment such
as may be proved to his satisfaction.

Section 2D. Property known as "Patients' Valuables",
belonging to, or deposited for the benefit of, former patients
of the state infirmary, which shall have remained unclaimed
for more than one year, shall be disposed of as hereinafter
provided, by the superintendent of said state infirmary and
a representative of the trustees thereof designated by them,
acting as a special board for said purpose, but only if all
known next of kin of the former patient shall have been
notified in writing by the said superintendent. The board
shall ascertain whether the property has any sale value and,
if so, shall solicit from at least three reputable dealers in like
property offers for the purchase thereof, and shall sell the
same to the dealer offering the highest price. The proceeds
of such sale shall be added to the funds of the state infirmary
known as "Patients' Funds" and shall be disposed of as
provided in section two C. The board may dispose of such
of said property as, in its opinion, has no sale value, or any
of said property for which no offer, solicited as aforesaid,
has been received, in such manner as it may deem proper.
A complete record of each transaction hereunder shall be
made and signed by both members of the board and filed
with the other records at the state infirmary relating to the
former patient whose property shall have been disposed of
as aforesaid.

Section 2E. Any bank book representing a deposit ac-
count in a savings bank or trust company within the com-
monwealth, which belongs to a former patient of the state

Acts, 1936. — Chaps. 296, 297. 279

infirmary and shall have remained unclaimed for more than
two years in the custody of the superintendent of said state
infirmary, may be presented by the trustees of the state
infirmary to such bank or tmst company accompanied by
the written request of the trustees for payment to them of
such deposit account except so much as is in excess of the
amount due the commonwealth for the support of such
patient, and such bank or trust company shall thereupon
pay to the trustees the amount so requested.

Approved May 25, 1936.

Chap.29G

An Act authorizing the town of fairhaven to erect

AND maintain A FIRE ENGINE STATION ON LAND TAKEN BY
THE TOWN BY EMINENT DOMAIN FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

The town of Fairhaven is hereby authorized to erect and
maintain a fire engine station on the southwest portion of the
lot of land on Washington street in East Fairhaven, in said
town, taken by said town by eminent domain for school
purposes on February eighteenth, nineteen hundred and
twenty-four. Approved May 25, 1936.

An Act providing that inability to work because of QJidj) 297

INJURIES, received IN THE PERFORMANCE OF DUTY, ON
ACCOUNT OF WHICH COMPENSATION IS PAID SHALL NOT BE
DEEMED A SEPARATION FROM THE CLASSIFIED CIVIL SERV-
ICE IN CERTAIN CASES.

Be it enacted, etc., as follows:

Section forty-six E of chapter thirty-one of the General g. l. (Ter.
Laws, inserted by chapter two hundred and seven of the acts etc!!'amencfed. '
of nineteen hundred and thirty-four, is hereby amended by
adding at the end the following new paragraph : — ■

If a person in the classified civil service, whether official or Leave of
labor, who is unable to work for a period not exceeding three accoCnt of
years because of injuries received in the performance of duty injuries.
and on account of which compensation under chapter one
hundred and fifty-two is paid, not later than six months after
the final payment of compensation aforesaid gives to the
commissioner written notice that he is ready, willing and
able to do his former work, and presents to him a certificate
of a registered physician, approved by the board, that he is
physically fit to efficiently perform the duties of his position,
he shall not be deemed, by reason of such inability to work,
to have become separated from such service, and any senior-
ity rights to which he was entitled at the time of receiving
such injuries shall be preserved.

Approved May 25, 1936.

280 Acts, 1936. — Chap. 298.

Chap. 298 An Act establishing the ring's island water district

IN the town of SALISBURY.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of SaHsbury,
Uable to taxation in said town and residing within the terri-
tory comprised within the following boundary lines, to wit:
Beginning at a point in the center line of United States High-
way Route No. 1 three hundred feet south of the junction of
said Route No. 1 and Pleasant street, thence running in a
southwesterly direction twenty-two hundred feet more or
less to the center line of the location of the eastern division
of the Boston and Maine railroad; thence running southerly
along the center line of said location to its intersection with
the center line of the channel of Town creek, so called ; thence
following the channel of Town creek in a southwesterly
direction to the boundary line between the town of Salis-
bury and the city of Newburyport ; thence by said boundary
line in a general easterly direction to a point in the Merri-
mack river eighteen hundred feet due south of Morrill's
rock, so called; thence due north to said Morrill's rock;
thence in a northwesterly direction to a point one hundred
feet northeast of and at right angles to the southeasterly
terminus of the center line of Sweet Apple Tree lane, so called;
thence in a northwesterly direction parallel to and one hun-
dred feet from the center line of said Sweet Apple Tree lane
to a stone bound, marked "S.B.", located one hundred feet
southeast of Ferry street or Ferry road, so called; thence
northeasterly on a line parallel to and one hundred feet from
the center line of said Ferry street or Ferry road, to a stone
bound marked "S.B.", located on the southerly boundary
of property now or formerly of Chester W. Hatch; and
thence in a northwesterly direction to the point of beginning,
— shall constitute a water district, and are hereby made a
body corporate by the name of the Ring's Island Water Dis-
trict of Salisbury, hereinafter called the district, for the pur-
pose of supplying themselves with water for the extinguish-
ment of fires and for domestic and other purposes, with power
to establish fountains and hydrants and to relocate and dis-
continue the same, to regulate the use of such water and to
fix and collect rates to be paid therefor, to assess and raise
taxes as provided herein for the payment of such services,
and to defray the necessary expenses of carrying on the busi-
ness of said district, but subject to all general laws now or
hereafter in force relating to such districts, except as other-
wise provided herein. Said district shall have power to
prosecute and defend all actions relating to its property and
affairs.

Section 2. For the purposes aforesaid, the district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with any munici-
pality, acting through its water department, or with any

Acts, 1936. — Chap. 298. 281

water company, or with any other water district, for what-
ever water may be required, authority to furnish the same
being hereby granted, and may enter into such other con-
tracts as may be necessary for the purposes set forth in sec-
tion one of this act 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 said town of Sahsbury, not already ap-
propriated for the purposes of a public water 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 pre-
serving the quahty 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 location and ar-
rangement of all dams, reservoirs, wells, pumping and fil-
tration 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. The district may con-
struct 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 purifica-
tion 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 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, acquire 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 aqueducts, 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 wa3'"s; provided, that all things done upon
any such way shall be subject to the direction of the select-
men of said town. The district shall not enter upon, or con-
struct or lay any aqueduct, 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. Said dis-

282 Acts, 1936. — Chap. 298.

trict may enter upon any lands for the purpose of making
surveys, test pits and borings, and may take or otherwise
acquire the right to occupy temporarily any lands necessary
for the construction of any work or for any other purpose
authorized by this act.

Section 3. Any person sustaining damages in his prop-
erty by any taking under this act or any other thing done
under authority thereof may recover such damages from the
district under said chapter seven tj^-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 ex-
penses and liabilities incurred under 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. Ring's Island Water District of Salis-
bury Loan, Act of 1936. Each authorized issue shall con-
stitute 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 the provisions of
chapter forty-four of the General Laws, pertaining to such
districts.

Section 5. The district shall, at the time of authorizing
said loan or loans, provide for the pa^inent thereof in ac-
cordance with section four; 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 the district by the assessors of said town
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 man-
ner as they shall deem for the best interest of the district.
All authority vested in said board by this section shall be
subject to the provisions of section nine.

Acts, 1936. — Chap. 298. 283

receive no aid in the extinguishment of fire from the said
system of water supply, or receive no benefit in fire insurance
grading therefrom, or both, or if such estate is so situated
that the buildings thereon, or the buildings that might be
constructed thereon, could not be supplied in any ordinary
or reasonable manner with water from the said system; but
all other estates in the district shall be deemed to be bene-
fited and shall be subject to such tax. A certified list of the
estates exempt from taxation under the provisions of this
section shall annually be sent by said board of water com-
missioners to said 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
the district. The district may collect interest on overdue
taxes in the manner in which interest is authorized to be
collected on town taxes.

Section 8. The first meeting of the voters of the terri-
tory included within the boundaries set forth in section one
shall be called, on petition of ten or more legal voters therein,
by a warrant from the selectmen of said town, or from a
justice of the peace, directed to one of the petitioners, re-
quiring him to give notice of the meeting by posting copies
of the warrant in two or more public places in the district
seven days at least before the time of the meeting. Such
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 moderator is chosen. After the choice
of a moderator for the meeting the question of the accept-
ance of this act shall be submitted to the voters, and if it is
accepted by a majority of the voters present and voting
thereon it shall thereupon take effect, and the meeting may
then proceed to act on the other articles in the warrant.

Section 9. The district shall, after the acceptance of
this act as aforesaid, elect by ballot, either at the same meet-
ing at which this act is accepted or at a special meeting there-
after called for the purpose, three persons, resident taxpayers
of the district, 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 succeed-
ing annual district meeting, to constitute a board of water
commissioners, and at every annual district meeting follow-
ing 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 the district by this act,
except sections four and five, and not otherwise specifically
provided 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 held thereafter the district

284 Acts, 1936. — Chap. 298.

shall elect by ballot a treasurer of the district, who shall not
be a water commissioner thereof, and who shall give bond
to the district in such an amount as may be approved by said
commissioners. A majority of said commissioners shall con-
stitute a quorum for the transaction of business. Any va-
cancy 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 its
water works except upon a written order of said commission-
ers or a majority of them.

Section 10. Said commissioners shall fix just and equi-
table 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 pay-
ment for such new construction the water rates shall be
reduced proportionately. Said commissioners shall annu-
ally, 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 prescribing
by whom and how meetings of the district 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 estabhsh 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, pol-
lutes or diverts any water obtained or supplied under this
act, or wilfully or wantonly injures any reservoir, stand-
pipe, 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 acts shall be punished
by a fine of not more than one hundred dollars or by im-
prisonment in jail for not more than one year.

Acts, 1936. — Chap. 299. 285

trict 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 ac-
ceptance by a majority vote of the voters of the district
present and voting thereon at a district meeting called, in
accordance with the provisions of section eight, within three
years after its passage; but the number of meetings so
called in any one j^ear shall not exceed three.

Approved May 25, 1936.

An Act authorizing the town of Lancaster to supply (JJiaj) 299

ITSELF AND ITS INHABITANTS WITH A SUITABLE WATER
SUPPLY FROM THE WACHUSETT RESERVOIR, SO CALLED, ON
THE SOUTH BRANCH OF THE NASHUA RIVER.

Be it enacted, etc., as follows:

Section 1. The town of Lancaster, in accordance with
the provisions of chapter four hundred and eighty-eight of
the acts of eighteen hundred and ninety-five, as amended,
and for the purpose of suppljdng itself and its inhabitants
with water for the extinguishment of fires and other pur-
poses, may take not more than two million gallons of water
per day from the reservoir on the south branch of the Nashua
river, known as Wachusett reservoir, at a point or points
above or below the dam of said reservoir, or, subject to the
advice and approval of the department of public health,
from the ground in the vicinity of said reservoir, or from
any available pipe fine or aqueducts or conduits leading
from said reservoir. The point or points of taking above or
below the dam of said reservoir shall be determined by the
selectmen of said town, but subject to the approval of the
metropolitan district commission if within the territorial
jurisdiction thereof. Any water taken from any pipe line
or other structure leading from said reservoir shall be taken
upon such terms and conditions as may be agreed upon
by said commission and said selectmen. All buildings con-
structed, and all pipes, pipe lines, pumps, structures and
apphances laid, located or constructed, under authority of
this act within the territorial jurisdiction of said commis-
sion shall be located, fixed, determined and maintained by
said selectmen subject to the approval of said commission,
and said town by its duly authorized officers or agents shall
have at all reasonable times access to such buildings, pipes,
pipe fines, pumps, structures and appliances. For the sup-
ply of water taken directly from said reservoir or from any

286 Acts, 1936. — Chap. 299.

available pipe lines or other aqueducts or conduits leading
from said reservoir under authority of this act said town
shall pay to the commonwealth a fair proportion of the cost
incurred by the commonwealth, as determined by the select-
men of said town and said commission in accordance with
the provisions of said chapter four hundred and eighty-eight,
as amended, but the supply of water taken hereunder from
the ground in the vicinity of said reservoir shall not impose
any obligation on said town to pay said cost.

Section 2. Said town of Lancaster, acting through its
selectmen, may from time to time acquire by lease, purchase
or otherwise from the town of CKnton, acting through its
selectmen, authority being hereby given to said town of
Clinton to lease or sell and transfer to said town of Lan-
caster, such pipes, pipe lines, pumps, structures, appliances
and other works belonging to said town of Clinton as may
be necessary and proper for the construction, operation and
maintenance of the system of water supply provided for in
this act.

Section 3. Said town of Lancaster may take by eminent
domain under chapter seventy-nine of the General Laws, or
acquire by purchase or otherwise, all lands, rights of way
and other easements within said towns of Lancaster and
Clinton necessary and proper for the laying, installing and
maintaining of any pipes, conduits, mains, or aqueducts and
other works, for the adequate transportation and flow of
said water taken under authority of this act and for collect-
ing, storing, holding, purifying and treating said water, or
the pumping thereof. No lands necessary for protecting
and preserving the purity of such water shall be taken or
used, nor shall any filtration and pumping plant or other
works, including purification and treatment works, neces-
sary for carrjdng out the provisions of this act be located,
constructed or maintained, without first obtaining the ad-
vice and approval of the department of public health. Said
town of Lancaster may construct, lay and maintain aque-
ducts, conduits, pipes, mains, and other works under, on
and over any land, water courses, railroads, railways and
public or other ways and alongside such ways, within the
limits of said towns of Lancaster and Clinton in such man-
ner as not unnecessarily to obstruct the same, and for the
purposes of constructing, laying, maintaining, operating and
repairing such pipes, conduits, mains, aqueducts and other
works and for the proper purposes of this act the said town
of Lancaster 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 any such digging, raising and embanking done upon
such highways or other ways within said town of Clinton
shall be subject to the approval of the selectmen of said
town. The supreme judicial court shall have jurisdiction
upon petition by the selectmen of either town to adjudicate
any disagreement relating to such work. Said town of Lan-

Acts, 1936. — Chaps. 300, 301. 287

caster shall not enter upon, construct or lay any pipes, con-
duits, mains, aqueducts or other works hereunder within
the location of any railroad corporation except at such times
and in such manner as it may agree upon with such corpo-
ration or, in case of failure so to agree, as may be approved
by the department of public utilities.

Approved May 25, 1936.

Chap.SOO

An Act extending the term of office of the milk con-
trol BOARD.

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

Be it enacted, etc., as follows:

Chapter three hundred and seventy-six of the acts of nine-
teen hundred and thirty-four is hereby amended by striking
out section twenty-two and inserting in place thereof the
following : — Section 22. The board shall continue with all
the duties and responsibilities prescribed and imposed by
this act until June thirtieth, nineteen hundred and thirty-
eight, and thereafter only if and during such period of time
as the governor, after investigation, shall declare that the
emergency still exists. On and after the date when this act
ceases to be operative any and all obligations which shall
have arisen prior to such date or which may arise thereafter
in connection therewith, and any violations which shall have
occurred prior to such date, shall be deemed not to be
affected, terminated or waived by reason of the fact that
this act has ceased to be operative.

Approved May 26, 1936.

An Act relative to the refunding of contributions Qhav 301

OF MEMBERS AND FORMER MEMBERS OF ANY COUNTY RE-
TIREMENT ASSOCIATION AND TO THE PAYMENT OF CERTAIN
BENEFITS FROM THE FUNDS OF SUCH AN ASSOCIATION, IN
CASE OF THEIR DECEASE.

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

Be it enacted, etc., as follows:

Section 1. Section twenty-five of chapter thirty-two of g- l- (Ter.
the General Laws is hereby amended by striking out para- amended. '
graph (2) A (h), as appearing in the Tercentenary Edition,
and inserting in place thereof the following paragraph: —

(6) Should a member or a former member of the associa- Refunds,
tion die before becoming entitled to a pension, all the money
contributed by him under section twenty-four (2) A, with

288 Acts, 1936. — Chap. 301.

such interest as shall have been earned thereon, shall be paid
to his legal representatives, subject to paragraph (3) F of
this section.
Edo,'3?§25. Section 2. Said section twenty-five of said chapter
father ^ thirty-two is hereby further amended by striking out para-

graph {2) B (h), as so appearing, and inserting in place thereof
the following new paragraph : —
nnuities. q^-^ ^ ^[fQ annuity of less amount, payable monthly, with

the provision that if the annuitant dies before receiving
annuity payments equal to the amount used to purchase the
annuity, the difference shall be paid to his legal representa-
tives, subject to paragraph (2) F of this section.
Ed.),"32,l'25,' Section 3. Said section twenty-five of said chapter
Imended thirty-two, as SO appearing, is hereby further amended by

adding at the end the following new paragraph: —
benificraries^of ^- Any sum of moucy otherwise payable to the legal
deceased mem- representatives of a deceased member or former member
ers, reg a e . ^^^^^ paragraph {2) A (b) or (2) B (6) of this section shall
be paid, subject to the following conditions, to the benefici-
ary or beneficiaries nominated as hereinafter provided, if
any, surviving at the death of such member or former mem-
ber, as appearing in the records of the association at his death,
and such payment or payments shall bar the recovery by
any other person of such sum. Any such member, by a
written instrument duly executed by him and filed with the
board prior to his death, upon a form to be furnished by the
board, may nominate, and from time to time change, one or
more beneficiaries to receive, in designated proportion, but
not in the alternative, any such sum; and any such person
so nominated by a minor shall be of his kindred. The sum
which would have been paid to any beneficiary if he had sur-
vived such member or former member shall be paid to the
legal representatives of such member or former member,
subject to the conditions hereinafter provided in this para-
graph. Any question arising hereunder as to survivorship
shall be finally determined by the board. If any sum other-
wise payable to the legal representatives of a member or
former member under paragraph (2) A (h) or (2) B (b) of
this section and under this paragraph does not exceed one
hundred dollars, and if there has been no demand upon the
board for payment of such sum by a duly appointed executor
or administrator of the estate of such member or former
member, and the board has not otherwise been informed
that probate proceedings relative to such estate have been
commenced, such sum may be paid, after the expiration of
three months from the date of death of such member or
former member, to the persons appearing, in the judgment
of the board, to be entitled thereto, and such payments shall
bar recovery by any other person.
Ed^iUl'ss Section 4. Section thirty-three of said chapter thirty-
ameAded. ' two, as SO appearing, is hereby amended by inserting after
the word "inclusive" in the third Une the following: — , and
sections twenty to twenty-five, inclusive, — so as to read as

Acts, 1936. — Chap. 302. 289

follows: — Section 33. Should there be due to the estate of a Payments to
deceased member of any of the retirement associations estab- ofdlceMed*
lished under the preceding sections, except sections one to five, ™t ™o/town
inclusive, and sections twenty to twenty-five, inclusive, any retirement
sum of money payable from the funds of the association, the ^y^*®™^-
same shall be paid to his legal representatives; provided,
that if the sum so due does not exceed three hundred dollars
if due from the funds of the teachers' retirement association,
or one hundred dollars if due from the funds of any other such
association, 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
the death of such member, to the persons appearing, in the
judgment of the board, to be entitled thereto, and such pay-
ment shall be a bar to recovery by any other person.

Approved May 28, 1936.

An Act relative to the issuance of licenses to carry Char).^Q2
A pistol or revolver for the purpose of target

PRACTICE and relative TO THE CONTENTS OF LICENSES
TO CARRY SUCH A WEAPON OR TO POSSESS A MACHINE
GUN.

Be it enacted, etc., as follows:

Chapter one hundred and forty of the General Laws is g. l. (Ter.
hereby amended by striking out section one hundred and f iji,^^^'
thirty-one, as appearing in the Tercentenary Edition, and amended,
inserting in place thereof the following: — Section 131. The License to
justice of a court or a trial justice, the board of pohce or eto7 ^'^*° '
mayor of a city, the selectmen of a town or the commissioner
of public safety, or persons authorized by them, respectively,
may, upon the application of any person residing or having
a place of business within their respective jurisdictions, ex-
cept an alien, a person who has been convicted of a felony
or of the unlawful use or sale of drugs or a minor other than
one fifteen years of age or over in the employ of a bank,
public utility corporation or business of a similar nature
whose application is endorsed by his employer, issue a license
to such applicant to carry a pistol or revolver in the com-
monwealth or to possess therein a machine gun, if it appears
that he is a suitable person to be so licensed and that he
has good reason to fear an injury to his person or property
or for any other proper purpose, and the carrying of a pistol
or revolver for use for target practice only shall be held to
be a proper purpose aforesaid. Such license shall be issued
for a term not to exceed one year, but may be for a less
period, and all such licenses shall be revocable at the will of
the person or body issuing the same, who shall forthwith
send written notice of such revocation to the commissioner
of pubhc safety. Said licenses shall be issued on forms fur-
nished by said commissioner. Said form shall contain blank
spaces to be filled in with the following information relat-

290 Acts, 1936. — Chap. 303.

ing to the license and to the licensee : — Name, residence or
place of business, commencement and expiration date of
license, reason for issuing said license, license number, date
of issuance of said license, place of birth, height, weight,
complexion, color of hair, color of eyes, date of naturaliza-
tion if formerly an alien, and signature, of said licensee;
and no further information from, or act of, the said licensee
shall be required. A copy of every license so issued shall
within one week after the granting thereof be sent to the
said commissioner. The fee for each license issued under
Penalty. ^jjjg ggction shall bc fifty cents. Whoever issues a license in

violation of this section shall be punished by imprisonment
for not less than six months nor more than two years in a
jail or house of correction.

(The foregoing was laid before the governor on the eighteenth
day of May, 1936, and after five days it had ''the force of a
law", as prescribed by the constitution, as it was not returned
hy him with his objections thereto within that time.)

Chap. SOS An Act relative to the construction and leasing by

THE commonwealth OF A FISH AND COMMERCIAL PIER IN
GLOUCESTER HARBOR.

prTambk"^ Wherctts, 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. Chapter three hundred and eleven of the
acts of nineteen hundred and thirty-one is hereby amended
by striking out section one and inserting in place thereof the
following : — Section 1 . For the purpose of improving and
developing Gloucester harbor for the promotion of the fish
industry and the commercial facilities of the city of Gloucester,
the state department of public works, hereinafter called the
department, is hereby authorized to construct a fish pier in
said harbor on a site to be determined by the department with
the approval of the municipal council of said city and the
Gloucester Planning Board, to erect thereon such buildings
as said purposes may require and properly equip the same,
to do all dredging necessary for the proper use of said pier,
and to provide necessary water and sewerage facilities
therefor. Said construction may extend beyond existing
harbor lines. All contracts for work authorized by this
section shall be subject to the approval of the governor and
council.

Section 2. Said chapter three hundred and eleven is
hereby further amended by striking out section two and
inserting in place thereof the following: — Section 2. Said
city may take by eminent domain under chapter seventy-
nine of the General Laws or acquire by purchase or othef-

Acts, 1936. — Chap. 303. 291

wise such piers, wharves, buildings, lands, flats, rights,
privileges and easements within the said harbor and adja-
cent territory as may be necessary for the said purposes,
except such as may be owned by the commonwealth, and
may transfer the same or such part thereof as the depart-
ment shall require for said purposes, to the commonwealth,
without cost to it, and the property so transferred shall be
used for the aforesaid purposes.

Section 3. Said chapter three hundred and eleven is
hereby further amended by striking out section three, as
most recently amended by chapter two hundred and forty-
four of the acts of nineteen hundred and thirty-four, and
inserting in place thereof the following : — Section S. No
work authorized by section one shall be done unless prior
to June first, nineteen hundred and thirty-seven, the city of
Gloucester shall effect the transfer to the commonwealth of
property authorized to be acquired by the preceding sec-
tion, and shall agree to lay out, construct and maintain at
its own expense a public way, suitable for heavy trucking,
and extending from the site of the proposed pier to an
existing public way which is a main artery of travel; nor
unless prior to said date a corporation incorporated under
the laws of the commonwealth, hereinafter called the lessee,
the financial responsibility of which is satisfactory to the
commissioner of corporations and taxation, shall execute a
lease of said pier together with the buildings thereon, for a
term beginning on the date of the completion by the depart-
ment of the work authorized by section one and ending
September thirtieth, nineteen hundred and forty-nine. Said
lease shall provide that the lessee shall pay to the common-
wealth a rental not less than twenty thousand dollars a year,
and shall be subject to such provisions and conditions as
may be agreed upon by the department and the lessee.

Section 4. Said chapter three hundred and eleven is
hereby further amended by striking out section four and
inserting in place thereof the following: — Section Jf.. At the
expiration of the original term of said lease, provided it is
continued in full force and effect at all times during such term,
it may, at the option of the lessee, be renewed for a further
period of twenty years, at such rental, not less than twenty-
five thousand dollars a year, as may be agreed upon by the
department and the lessee, or, in case of failure so to agree,
as may be determined by three arbitrators, one to be named
by the department, one by the lessee and a third to be
selected by the two so chosen. At the termination of said
renewed lease, it may, at the option of the lessee, be again
renewed and for such term of years and upon such terms
and conditions as may be agreed upon by the department
and the lessee, or, in case of failure so to agree, as may be
determined by three arbitrators appointed as aforesaid.

Section 5. Said chapter three hundred and eleven is
hereby further amended by striking out section five and
inserting in place thereof the following : — Section 5. To

292 Acts, 1936. — Chap. 304.

meet the expenditures necessary in carrying out the provi-
sions of section one, as amended, the state treasurer shall,
upon request of the department, issue and sell, at public or
private sale, bonds of the commonwealth, registered or with
interest coupons attached, as he may deem best, to an
amount to be specified by the department from time to time,
but not in excess of six hundred and sixty thousand dollars
in the aggregate. All such bonds shall be designated on
their face, — Gloucester Pier Loan, and shall be on the serial
payment plan for such maximum term of years as the gov-
ernor may recommend to the general court in accordance
with section three of article sixty-two of the amendments
to the constitution of the commonwealth, the maturities
thereof to be so arranged that the amount payable each
year, other than the final year, shall, as nearly as is in the
opinion of the state treasurer practicable, be equal. Said
bonds shall bear interest payable semi-annually at such
rate as the state treasurer, with the approval of the governor
and council, shall fix.

Section 6. Said chapter three hundred and eleven is
hereby further amended by inserting after section five the
following new section: — Section 5 A. For the purpose of
acquiring land for said pier, the city of Gloucester may
borrow from time to time, within a period of five years from
June first, nineteen hundred and thirty-six, such sums as
may be necessary, not exceeding, in the aggregate, one hun-
dred thousand dollars, and may issue bonds or notes there-
for which shall bear on their face the words, Gloucester Pier
Loan, Act of 1936. Each authorized issue shall constitute
a separate loan and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred
under this section shall be inside the debt limit and shall,
except as herein provided, 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. Approved May 29, 1936.

Chap. S04: An Act making appropriations for the maintenance op

DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND
certain ACTIVITIES OF THE COMMONWEALTH, FOR IN-
TEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS,
AND FOR CERTAIN PERMANENT IMPROVEMENTS.

Be it enacted, etc., as follows:
Appropriations Section L To provido for the mamtenance of the sev-

for mainte- f^ .. i-i-xx- i?

nance of de- eral departments, boards, commissions and institutions, oi
Po/iptMestr*"" sundry other services, and for certain permanent improve-
l^d bond*"'^ ments, and to meet certain requirements of law, the sums
requirements, sct forth iu scctiou two, for the scveral purposes and subject
fmpro^vemen'ts'! to the couditions Specified in said section two, are hereby
appropriated from the general fund or revenue of the com-
monwealth, unless some other source of revenue is expressed,

Acts, 1936. — Chap. 304. 293

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-
six, or for such other period as may be specified.
Section 2.

Service of the Legislative Department.

Item

1 For the compensation of senators, a sum not exceed-

ing eighty thousand dollars .... $80,000 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 seventy-eight thousand

dollars 478,000 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 repre-
sentatives, as may be necessary for the proper
despatch of public business, a sum not exceeding
forty-five hundred dollars .... 4,500 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-five hundred and sixty

dollars 4,560 00

11 For the compensation for travel of doorkeepers, as-

sistant doorkeepers, general court officers, pages
and other employees of the sergeant-at-arms, au-
thorized by law to receive the same, a sum not
exceeding seventy-two hundred dollars . . 7,200 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 sen-

ate and house of representatives and of general
court officers, with the approval of the sergeant-
at-arms, a sum not exceeding fifty-four thousand
six hundred dollars ...... 54,600 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 fif-
teen hundred dollars ..... 1,500 00

2H Acts, 1936. — Chap. 304.

Item

18 For personal services of the counsel to the senate

and assistants, a sum not exceeding fifteen thou-
sand eight hundred dollars .... $15,800 00

19 For personal services of the counsel to the house of

representatives and assistants, a sum not exceed-
ing twenty thousand dollars .... 20,000 00

20 For clerical and other assistance of the senate com-

mittee on rules, a sum not exceeding five thou-
sand dollars 5,000 00

21 For clerical and other assistance of the house com-

mittee on rules, a sum not exceeding forty-five

hundred dollars 4,500 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 six thousand doUars . 6,000 00

23 For printing, binding and paper ordered by the sen-

ate and house of representatives, or by concurrent
order of the two branches, with the approval of
the clerks of the respective branches, a sum not
exceeding sixty thousand dollars . . 60,000 00

24 For expenses in connection with the publication of

the bulletin of committee hearings and of the daily
Ust, with the approval of the joint committee on
rules, a sum not exceeding seventeen thousand
dollars 17,000 00

25 For stationery for the senate, purchased by and with

the approval of the clerk, a sum not exceeding

five hundred dollars ..... 500 00

26 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

27 For office expenses of the counsel to the senate, a

sum not exceeding two hundred dollars . . 200 00

28 For stationery for the house of representatives, pur-

chased by and with the approval of the clerk, a

sum not exceeding nine hundred doUars . . 900 00

29 For office and other expenses of the committee on

rules on the part of the house, a sum not exceed-
ing five hundred doUars ..... 500 00

30 For office expenses of the counsel to the house of

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

31 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 ten thou-
sand dollars 10,000 00

32 For telephone service, a simi not exceeding ten thou-

sand dollars 10,000 00

33 For indexing the special laws of the commonwealth,

under the direction of the senate and house coun-
sel, as authorized by chapter five of the resolves
of nineteen hundred and thirty-five, a sum not
exceeding three thousand dollars . . . 3,000 00

Total $875,260 00

Service of the Judicial Department.

Supreme Judicial Court, as follows:

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

associate justices, a sum not exceeding ninety-
nine thousand dollars $99,000 00

35 For traveling allowance and expenses, a sum not ex-

ceeding thirty-five hundred dollars . . . 3,500 00

Acts, 1936. — Chap. 304. 295

Item

36 For the salary of the clerk for the commonwealth, a

sum not exceeding sixty-five hundred dollars $6,500 00

37 For clerical assistance to the clerk, a sum not exceed-

ing eighteen hundred dollars .... 1,800 00

38 For law clerks, stenographers and other clerical as-

sistance for the justices, a sum not exceeding

twenty-five thousand dollars .... 25,000 00

39 For office supplies, services and equipment, a sum

not exceeding four thousand dollars . . . 4,000 00

40 For the salaries of the officers and messengers, a sum

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

41 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:

42 For the salary of the reporter of decisions, a sum

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

43 For clerk hire and office supplies, services and equip-

ment, a sum not exceeding ninety-five hundred

dollars 9,500 00

Pensions:

44 For the pensions of retired court officers, a sum not

exceeding two hundred dollars .... 200 00

Total $160,040 00

Superior Court, as follows:

45 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

46 For traveling allowances and expenses, a sum not

exceeding seventeen thousand dollars . 17,000 00

47 For the salary of the assistant clerk, Suffolk county,

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

48 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 eleven thousand dollars . . 11,000 00

49 For pensions of retired justices, a sum not exceed-

ing six thousand doUars ..... 6,000 00

Total $420,000 00

Justices of District Courts:

50 For compensation of justices of district courts while

sitting in the superior court, a sum not exceeding

twenty-five thousand four hundred dollars . $25,400 00

51 For expenses of justices of district courts while sit-

ting in the superior court, a sum not exceeding

twenty-five hundred dollars .... 2,500 00

52 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 ex-
ceeding seven thousand dollars .... 7,000 00

Total $34,900 00

Judicial Council:

53 For expenses of the judicial council, as authorized by

section thirty-four C of chapter two hundred and
twenty-one of the General Laws, as appearing
in the Tercentenary Edition thereof, a sum not
exceeding one thousand dollars . . . $1,000 00

296 Acts, 1936. — Chap. 304.

Item

54 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:
65 For compensation and expenses of the administra-
tive committee of district courts, a sum not ex-
ceeding twenty-five hundred dollars . . . $2,500 00

Probate and Insolvency Courts, as follows:
56 For the salaries of judges of probate of the several
counties, a sum not exceeding one hundred twenty-
seven thousand five hundred dollars . . . $127,500 00
67 For pensions of retired judges, a sum not exceeding

sixty-three hundred and seventy-five dollars . 6,375 00

58 For the compensation of judges of probate when

acting for other judges of probate, a sum not ex-
ceeding eight thousand dollars .... 8,000 00

59 For expenses of judges of probate when acting for

other judges of probate, a sum not exceeding five

hundred dollars 500 00

60 For the salaries of registers of the several counties,

a sum not exceeding sixty-three thousand three

hundred dollars 63,300 00

61 For the salaries of assistant registers, a sum not ex-

ceeding seventy-three thousand eight hundred

and eighty-five dollars 73,885 00

Total $279,560 00

Administrative Committee of Probate Courts:

62 For expenses of the administrative committee of

probate courts, a sum not exceeding five hundred

dollars $600 00

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

63 Barnstable, a sum not exceeding twenty-five hun-

dred and fifty dollars $2,550 CO

64 Berkshire, a sum not exceeding forty-seven hundred

and forty dollars 4,740 00

65 Bristol, a sum not exceeding thirteen thousand nine

hundred and eighty dollars .... 13,980 00

66 Dukes County, a sum not exceeding six hundred and

sixty dollars 660 00

67 Essex, a sum not exceeding seventeen thousand nine

hundred dollars 17,900 00

68 Franklin, a sum not exceeding nine hundred and

sixty dollars 960 00

69 Hampden, a sum not exceeding twelve thousand and

sixty dollars 12,060 00

70 Hampshire, a sum not exceeding sixteen hundred and

eighty dollars 1,680 00

71 Middlesex, a sum not exceeding forty-five thousand

eight hundred and forty dollars .... 45,840 00

72 Norfolk, a sum not exceeding thirteen thousand

seven hundred dollars 13,700 00

73 Plymouth, a sum not exceeding forty-three hundred

and sixty-eight dollars ..... 4,368 00

74 Suffolk, a sum not exceeding fifty-nine thousand one

hundred and sixty dollars .... 59,160 00

75 Worcester, a sum not exceeding fourteen thousand

two hundred and twenty dollars . . . 14,220 00

Total $191,818 00

Acts, 1936. — Chap. 304. 297

Item

District Attorneys, as follows:

76 For the salaries of the district attorney and assist-

ants for the Suffolk district, a sum not exceeding

sixty-six thousand dollars .... $66,000 00

77 For the salaries of the district attorney and assist-

ants for the northern district, a sum not exceed-
ing thirty-two thousand dollars . . . 32,000 00

78 For the salaries of the district attorney and assist-

ants for the eastern district, a sum not exceeding

seventeen thousand four hundred dollars . . 17,400 00

79 For the salaries of the district attorney, deputy dis-

trict attorney and assistants for the southeastern
district, a sum not exceeding eighteen thousand
six hundred dollars 18,600 00

80 For the salaries of the district attorney and assist-

ants for the southern district, a sum not exceed-
ing ten thousand four hundred dollars . . 10,400 00

81 For the salaries of the district attorney and assist-

ants for the middle district, a sum not exceeding

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

82 For the salaries of the district attorney and assist-

ants for the western district, a sum not exceeding

ten thousand four hundred dollars . . . 10,400 00

83 For the salary of the district attorney for the north-

western district, a sum not exceeding four thou-
sand dollars 4,000 00

84 For traveling expenses necessarily incurred by the

district attorneys, except in the Suffolk district,
for the present and previous years, a sum not ex-
ceeding seventy-five hundred dollars . . . 7,500 00

Total $181,300 GO

Service of the Land Court.

85 For the salaries of the judge, associate judges, the re-

corder and court officer, a sum not exceeding
thirty-eight thousand nine hundred and eighty-
four dollars $38,984 00

86 For engineering, clerical and other personal services,

a sum not exceeding forty-one thousand and forty

dollars 41,040 00

87 For personal services in the examination of titles,

for publishing and serving citations and other
services, traveling expenses, supplies and office
equipment, and for the preparation of sectional
plans showing registered land, a sum not exceed-
ing twelve thousand dollars .... 12,000 00

Total $92,024 00

Service of the Board of Probation.

88 For personal services of the commissioner, clerks

and stenographers, a sum not exceeding fifty-five

thousand five hundred dollars .... $55,500 00

89 For services other than personal, including printing

the annual report, traveling expenses, rent, office
supplies and equipment, a sum not exceeding
twelve thousand dollars 12,000 GO

Total $67,500 00

Service of the Board of Bar Examiners.

90 For personal services of the members of the board,

a sum not exceeding twelve thousand five hun-
dred dollars $12,500 00

298 Acts, 1936. — Chap. 304.

Item

91 For other services, including printing the annual

report, traveling expenses, office supplies and
equipment, a sum not exceeding seventy-five hun-
dred dollars $7,500 00

Total $20,000 00

Service of the Executive Department.

92 For the salary of the governor, a sum not exceeding

ten thousand dollars $10,000 00

93 For the salary of the lieutenant governor, a sum not

exceeding four thousand dollars . . . 4,000 00

94 For the salaries of the eight councillors, a sum not

exceeding eight thousand dollars . . . 8,000 00

95 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

96 For certain personal services for the lieutenant gov-

ernor and council, a sum not exceeding forty-eight

hundred dollars 4,800 00

97 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

98 For postage, printing, office and other contingent

expenses, including travel of the governor, a sum

not exceeding fifteen thousand dollars . . 15,000 00

99 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

100 For expenses incurred in the arrest of fugitives

from justice, a sum not exceeding one thousand

dollars 1,000 00

101 For payment of extraordinary expenses and certain

other expenditures as authorized by section eight
of chapter six of the General Laws, as appearing
in the Tercentenary Edition thereof, subject,
however, to the condition that not less than fifty
thousand dollars of the sum appropriated by this
item shall be reserved for use in carrying out the
provisions of sections twenty-five to thirty-three,
inclusive, of chapter thirty-three of the General
Laws, as so appearing, not less than ten thousand
dollars thereof shall be reserved for use for the
entertainment of the President of the United
States and other distinguished guests while visit-
ing or passing through the commonwealth, and
not more than five thousand dollars thereof, in
the aggregate, shall be transferred to items ninety-
five, ninety-seven, ninety-eight and ninety-nine,
a sum not exceeding one hundred thousand dollars 100,000 00

102 For certain maintenance expenses of the governor's

automobile, a sum not exceeding two thousand

dollars 2,000 00

103 For restoring and protecting certain portraits of

former governors, with the approval of the art
commission, a sum not exceeding six hundred
doUars 600 00

Total $189,540 00

Service of the Adjutant General.

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

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

Acts, 1936. — Chap. 304. 299

Item

105 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 one hundred and forty
dollars . . $33,140 00

106 For services other than personal, and for necessary

office supplies and expenses, a sum not exceeding

forty-five hundred dollars .... 4,500 00

107 For expenses of the national guard convention and

for expenses not otherwise provided for in con-
nection with military matters and accounts, a sum
not exceeding sixty-five hundred dollars . . 6,500 00

Total $48,240 00

Service of the Militia.

108 For allowances to companies and other administra-

tive units, a sum not exceeding one hundred fifty-
four thousand three hundred and twenty-seven
dollars $154,327 00

109 For the cost of materials and equipment and inci-

dental expenses of training persons in the use of
chemical gas, a sum not exceeding twenty-five
hundred dollars 2,500 00

110 For certain allowances for national guard officers,

as authorized by paragraph (d) of section one
hundred and forty-five of chapter thirty-three
of the General Laws, as appearing in the Ter-
centenary Edition thereof, a sum not exceeding
twenty-four thousand dollars .... 24,000 00

111 For pay and transportation of certain boards, a sum

not exceeding three thousand dollars . . . 3,000 00

112 For pay and expenses of certain camps of instruc-

tion, a sum not exceeding twenty-seven hundred

and fifty dollars 2,750 00

113 For pay and transportation in making inspections

and surveys, and for escort duty, a sum not ex-
ceeding three thousand dollars .... 3,000 00

114 For transportation of officers and non-commissioned

officers for attendance at military meetings, a sum

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

115 For transportation to and from regimental and bat-

talion drills, a sum not exceeding one thousand

dollars 1,000 00

116 For transportation when appearing for examination,

a sum not exceeding one hundred dollars . . 100 00

117 For expenses of rifle practice, a sum not exceeding

thirteen thousand dollars ..... 13,000 00

118 For compensation, transportation and expenses in

the preparation for camp duty maneuvers, a sum
not exceeding twenty-two thousand five hundred
two dollars and twenty-five cents . . . 22,502 25

119 For maintenance of horses, a sum not exceeding six

thousand and ninety-six dollars , . . 6,096 00

120 For compensation for special and miscellaneous

duty, a sum not exceeding twelve thousand five

hundred dollars . . . . . . 12,500 00

121 For compensation for accidents and injuries sus-

tained in the performance of military duty, a sum

not exceeding eight thousand dollars . . . 8,000 00

122 To cover certain small claims for damages to private

property arising from military maneuvers, a sum

not exceeding five hundred dollars . . . 500 00

123 For expenses of maintaining an aero squadron, a

sum not exceeding four thousand dollars . . 4,000 00

300 Acts, 1936. — Chap. 304.

Item

124 For premiums on bonds for oflBcers, a sum not ex-

ceeding fifteen hundred thirty-one dollars and
eighty-eight cents . . . . . . $1,531 88

125 For instruction in military authority, organization

and administration, and in the elements of mili-
tary art, a sum not exceeding twelve thousand
eight hundred dollars 12,800 00

126 For allowances for batteries of field artillery, a sum

not exceeding sixty-four hundred dollars . . 6,400 00

127 For expenses of operation of the twenty-sixth divi-

sion, a sum not exceeding forty-five hundred dol-
lars 4,500 00

128 For clerical and other expenses for the office of the

property and disbursing officer, a sum not exceed-
ing fifty-six hundred dollars .... 5,600 00

129 For personal services necessary for the operation of

the commonwealth depot and motor repair park,
a sum not exceeding thirty-four thousand nine
hundred and sixty dollars .... 34,960 00

Total $326,567 13

Service of Special Military Expenses.

130 For the expense of furnishing certificates of honor

for service on the Mexican border, as authorized

by law, a sum not exceeding fifteen dollars . . $15 00

131 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
three hundred dollars 300 00

Total $315 00

Service of the State Quartermaster.

132 For personal services of the state quartermaster,

superintendent of arsenal and certain other em-
ployees of the state quartermaster, a sum not ex-
ceeding twenty-two thousand one hundred and
fifty dollars $22,150 00

133 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

134 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 doUars . . . . . 138,000 00

135 For certain incidental military expenses of the quar-

termaster's department, a sum not exceeding three

hundred and fifty doUars ..... 350 00

136 For office and general supplies and equipment, a sum

not exceeding eleven thousand dollars . . 11,000 00

137 For the care and maintenance of the camp ground

and buildings at Framingham, a sum not exceed-
ing nine hundred dollars ..... 900 00

138 For the maintenance of armories of the first class,

including the purchase of certain furniture, a sum

not exceeding one hundred fifty thousand dollars 150,000 00

139 For reimbursement for rent and maintenance of

armories not of the first class, a sum not exceed-
ing fifty-one hundred doUars .... 5,100 00

Acts, 1936. — Chap. 304. 301

Item

140 For expense of maintaining and operating the Camp

Curtis Guild rifle range, a sum not exceeding

twenty thousand five hundred dollars . . $20,500 00

141 For maintenance, other than personal services, of

the commonwealth depot and motor repair park,

a sum not exceeding fifteen thousand dollars . 15,000 00

Total $364,200 00

Service of the State Surgeon.

142 For personal services of the state surgeon, and regu-

lar assistants, a sum not exceeding seven thousand

and twenty dollars $7,020 00

143 For services other than personal, and for necessary

medical and office supplies and equipment, a sum

not exceeding two thousand dollars . . . 2,000 00

144 For the examination of recruits, a sum not exceeding

eight thousand dollars ..... 8,000 00

Total $17,020 00

Service of the State Judge Advocate.

145 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.

146 For personal services of the commissioners, a sum

not exceeding twenty-six thousand five hundred

dollars $26,500 00

147 For personal services of assistants and employees, a

sum not exceeding one hundred ninety-seven

thousand dollars 197,000 00

148 For other expenses incidental to the duties of the

commission, a sum not exceeding twenty thou-
sand five hundred dollars .... 20,500 00

Total $244,000 00

Purchase of paper:
149 For the purchase of paper used in the execution of
the contracts for state printing, other than legis-
lative, with the approval of the commission on
administration and finance, a sum not exceeding
sixty thousand dollars $60,000 00

Service of the Armory Commissioners.

160 For compensation of members, a sum not exceeding
twenty-eight hundred dollars, of which sum not
less than five hundred dollars shall be for the com-
pensation of the state quartermaster as a member $2,800 00

151 For office, incidental, and traveling expenses, a sum

not exceeding one hundred dollars . . . 100 00

152 For payment on account of the purchase of certain

land in the town of Natick, including interest
thereon, a sum not exceeding twenty-four thou-
sand six hundred and ten dollars . . . 24,610 00

Total $27,510 00

302 Acts, 1936. — Chap. 304.

Service of the Commissioner of State Aid and Pensions.

Itena

153 For personal services of the commissioner and depu-

ties, a sum not exceeding eleven thousand two

hundred and forty dollars $11,240 00

154 For personal services of agents, clerks, stenographers

and other assistants, a sum not exceeding twenty-
seven thousand dollars ..... 27,000 00

155 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 five
thousand dollars 5,000 00

Total $43,240 00

For Expenses on Account of Wars.

156 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 twelve thousand dollars, the same to be
paid on or before the fifteenth day of November
in the current year, in accordance with the pro-
visions of existing laws relative to state and mili-
tary aid $412,000 00

157 For certain care of veterans of the civil war, their

wives and widows, as authorized by section
twenty-five of chapter one hundred and fifteen
of the General Laws, as appearing in the Ter-
centenary Edition thereof, a sum not exceeding
thirty-two thousand dollars .... 32,000 00

Total $444,000 00

Service of the Massachusetts Soldiers' Home.

158 For the maintenance of the Soldiers' Home in Massa-

chusetts, with the approval of the trustees thereof,
a sum not exceeding two hundred seventy-six
thousand seven hundred and fifty-two dollars,
the same to be in addition to certain receipts from
the United States government .... $276,752 00

159 For the construction of a retaining wall, a sum not

exceeding six hundred dollars .... 600 00

160 For the cost of furnishings and equipment for the

new dormitory building, a sum not exceeding

twenty-five hundred dollars .... 2,500 00

Total $279,852 00

Service of the Art Commission.

161 For expenses of the commission, a sum not exceed-

ing one hundred and fifty dollars . . . $150 00

Service of the Ballot Law Commission.

162 For compensation of the commissioners, a sum not

exceeding fifteen hundred dollars . . . $1,600 00

163 For expenses, including travel, supplies and equip-

ment, a sum not exceeding five hundred dollars . 500 00

Total $2,000 00

Service of the Commissioners on Uniform State Laws.

164 For expenses of the commissioners, a sum not ex-

ceedmg five himdred dollars .... $500 00

Acts, 1936. — Chap. 304. 303

For the Maintenance of the Mount Greylock War Memorial.

Item

165 For expenses of maintenance of the Mount Greylock

war memorial, as authorized by chapter three
hundred 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.

The following items shall be payable from fees
collected under section twenty-seven of chapter
one hundred and thirty-eight of the General
Laws, as most recently amended:

166 For personal services, a sum not exceeding one hun-

dred eight thousand dollars .... $108,000 00
166a For services other than personal, including rent of
offices, travel, and office and incidental expenses,
a sum not exceeding thirty-nine thousand dollars 39,000 00

Total $147,000 00

Service of the State Planning Board.

167 For personal services of chief engineer and other

assistants, a sum not exceeding twenty-nine thou-
sand dollars $29,000 00

167a For services other than personal, traveling expenses,
office supplies and equipment, a sum not exceed-
ing ten thousand dollars ..... 10,000 00

Total $39,000 00

Service of the State Library.

168 For personal services of the librarian, a sum not ex-

ceeding fifty-seven hundred dollars . . . $5,700 00

169 For personal services of the regular library assist-

ants, temporary clerical assistance, and for serv-
ices for cataloguing, a sum not exceeding thirty-
nine thousand three hundred and sixty dollars . 39,360 00

170 For services other than personal, including printing

the annual report, office supplies and equipment,
and incidental traveling expenses, a sum not ex-
ceeding two thousand dollars .... 2,000 00

171 For books and other publications and things needed

for the library, and the necessary binding and
rebinding incidental thereto, a sum not exceeding
ninety-five hundred dollars .... 9,500 00

Total $56,560 00

Service of the Superintendent of Buildings.

172 For personal services of the superintendent and office

assistants, a sum not exceeding ten thousand five

hundred and fifty dollars $10,550 00

173 For personal services of engineers, assistant engi-

neers, firemen and helpers in the engineer's depart-
ment, a sum not exceeding sixty thousand six
hundred and sixty dollars .... 60,660 00

174 For personal services of capitol police, a sum not

exceeding forty-four thousand seven hundred

dollars . 44,700 GO

175 For personal services of janitors, a sum not exceed-

ing twenty-four thousand six hundred and sixty

dollars 24,660 00

304 Acts, 1936. — Chap. 304.

Item

176 For other personal services incidental to the care

and maintenance of the state house, a sum not
exceeding eighty thousand nine hundred and forty
dollars $80,940 00

177 For personal services of the central mailing room,

a sum not exceeding sixty-seven hundred and

ninety dollars 6,790 00

Total $228,300 00

Other Annual Expenses:

178 For contingent, office and other expenses of the

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

179 For telephone service in the building and expenses

in connection therewith, a sum not exceeding

thirty-eight thousand dollars .... 38,000 00

180 For services, supplies and equipment necessary to

furnish heat, light and power, a sum not exceed-
ing forty-four thousand five hundred dollars . 44,500 00

181 For other services, supplies and equipment neces-

sary for the maintenance and care of the state
house and grounds, including repairs of furniture
and equipment, a sum not exceeding thirty thou-
sand dollars 30,000 00

182 For office and other expenses of the central mailing

room, a sum not exceeding one hundred dollars . 100 00

Total ■ . . $112,900 00

Special Improvements:

183 For the purchase of certain equipment for boilers, a

sum not exceeding sixteen hundred dollars . . $1,600 00

184 For replacing certain clocks, a sum not exceeding

eighteen hundred and fifty dollars . . 1,850 00

Total $3,450 00

Service of the State 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 exceed-
ing one hundred seventy-one thousand six hun-
dred and eighty dollars, which shall be payable
from fees collected under chapter one hundred
and twenty-eight A of the General Laws, as
amended $171,680 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 dollars . . . $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 twelve
thousand seven hundred and fifty dollars . . 112,750 00

Acts, 1936. — Chap. 304. 305

Item

189 For services other than personal, traveling expenses,

office supplies and equipment, for the arrange-
ment and preservation of state records and papers,
and for advertising the purpose of sections twenty-
eight A to twenty-eight D of chapter six of the
General Laws, as amended, a sum not exceeding
seventeen thousand dollars .... $17,000 00

190 For postage and expressage on pubhc 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 indexes,

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 des-
ignated "Massachusetts Archives", a sum not
exceeding fifteen hundred dollars . . . 1,500 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 760 00

194 For the purchase of ink for public records of the

commonwealth, a sum not exceeding one thou-
sand dollars 1,000 00

195 For traveling expenses of the supervisor of public

records, a sum not exceeding seven hundred dol-
lars . 700 00

Total $145,000 00

Indexing vital statistics:

196 For the preparation of certain indexes of births,

marriages and deaths, a sum not exceeding nine

thousand doUars $9,000 00

For printing laws, etc. :

197 For printing and distributing the pamphlet edition

and for printing and binding the blue book edition
of the acts and resolves of the present year, a sum
not exceeding eleven thousand dollars . $11,000 00

198 For the printing of reports of decisions of the su-

preme judicial court, a sum not exceeding eighteen
thousand dollars, the same to be in addition to
any unexpended balance of an appropriation made
for the purpose in the preceding year . . . 18,000 00

199 For printing and binding public documents, a sum

not exceeding thirty-seven hundred doUars . 3,700 00

Total $32,700 00

For matters relating to elections:

200 For personal and other services in preparing for pri-

mary elections, and for the expenses of preparing,
printing and distributing ballots for primary and
other elections, a sum not exceeding one hvmdred
eighty thousand dollars $180,000 00

201 For the printing of blanks for town officers, election

laws and blanks and instructions on all matters
relating to elections, a sum not exceeding two
thousand dollars 2,000 00

306 Acts, 1936. — Chap. 304.

Item

202 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
four thousand dollars $4,000 00

203 For expenses of publication of lists of candidates

and forms of questions before state elections, a

sum not exceeding fourteen thousand dollars . 14,000 00

204 For administering the law to permit absent voters

to vote at state elections, a sum not exceeding five

thousand dollars 5,000 00

205 For expenses of compiling and publishing informa-

tion to voters, as required by section fifty-three of
chapter fifty-four of the General Laws, as appear-
ing in the Tercentenary Edition thereof, a sum
not exceeding forty thousand dollars . . . 40,000 00

Total $245,000 00

Medical Examiners' Fees:

206 For medical examiners' fees, as provided by law, a

sum not exceeding eleven hundred and twenty-
five dollars $1,125 00

Advertising Massachusetts:
~'~" — 206a For the dissemination of information relative to the
advantages and desirability of Massachusetts for
industrial, agricultural, recreational and other
purposes, a sum not exceeding seventy-five 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,
and may authorize an allotment from this appro-
priation to be used in co-operation with funds
contributed by the other New England states, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $75,000 00

Service of the Treasurer and Receiver-General.

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

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

208 For salaries of officers and employees holding posi-

tions established by law and additional clerical
and other assistance, a sum not exceeding sixty
thousand five hundred and fifty dollars . . 60,550 00

209 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceed-
ing twenty-two thousand dollars . . . 22,000 00

Total . $88,550 00

Commissioners on Firemen's Relief:

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

missioners on firemen's relief, subject to the pro-
visions of law, a sum not exceeding fifteen thou-
sand dollars $15,000 00

211 For expenses of administration by the commissioners

on firemen's relief, a sum not exceeding five hun-
dred dollars 500 00

Total $15,600 00

Acts, 1936. — Chap. 304. 307

Item

Payments to Soldiers:

212 For expenses of administering certain laws relating

to payments in recognition of military service in
the world war, a sum not exceeding twenty-nine
hundred and eighty dollars, to be paid from the
receipts from taxes levied under authority of
chapters two hundred and eighty-three and three
hundred and forty-two of the General Acts of
nineteen hundred and nineteen . . . $2,980 00

213 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 twelve . . 8,000 00

214 For payments to soldiers and saUors in the volunteer

service of the United States during the Spanish-
American war, and to certain of their dependents,
as authorized by section one of chapter five hun-
dred and sixty-one of the acts of eighteen hundred
and ninety-eight, as amended by section one of
chapter four hundred and seventy-one of the acts
of eighteen hundred and ninety-nine, a sum not
exceeding two hundred and fifty dollars . . 250 00

Total $11,230 00

State Board of Retirement:

215 For personal services in the administrative office

of the state board of retirement, a sum not ex-
ceeding ten thousand six hundred dollars . . $10,600 00

216 For services other than personal, printing the an-

nual report, and for office supplies and equipment,

a sum not exceeding fifty-nine hundred dollars . 5,900 00

217 For requirements of annuity funds and pensions for

employees retired from the state service under
authority of law, a sum not exceeding two hun-
dred eighty-four thousand dollars . . . 284,000 00

Total $300,500 00

Board of Tax Appeals:

218 For personal services of the members of the board

and employees, a sum not exceeding seventy-four

thousand and twenty dollars .... $74,020 00

219 For services other than personal, traveling expenses,

office supplies and equipment, and rent, a sum

not exceeding twenty thousand dollars . . 20,000 00

Total $94,020 00

Service of the Emergency Finance Board.

220 For administrative expenses of the emergency

finance board, a sum not exceeding seventeen

thousand five hundred dollars .... $17,500 00

Service of the State Emergency Public Works Commission.

221 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 twenty thousand dollars . $20,000 00

308 Acts, 1936. — Chap. 304.

Requirements for Extinguishing the State Debt.
Item

222 For sinking fund requirements and for certain serial

bonds maturing during the present year, the sum
of four million two hundred twenty-five thousand
seven hundred twenty-one dollars and eighty-
three cents, payable from the following accounts
and funds in the following amounts : — from the
Highway Fund, three million four hundred
seventy-nine thousand three hundred eighty-
eight doUaris and fifty cents; and the remainder
from the General Fund .... $4,225,721 83

Interest on the Public Debt.

223 For the payment of interest on the direct debt of

the commonwealth, a sum not exceeding nine
hundred twenty-five thousand dollars, of which
sum five hundred sixty thousand dollars shall be
paid from the Highway Fimd .... $925,000 00

Service of the Auditor of the Commonweallh.

224 For the salary of the auditor, a sum not exceeding

six thousand dollars $6,000 00

225 For personal services of deputies and other assist-

ants, a sum not exceeding fifty-nine thousand

eight hundred dollars 59,800 00

226 For services other than personal, traveling expenses,

office suppUes and equipment, a sum not exceed-
ing sixty-five hundred dollars .... 6,500 00

Total $72,300 00

Service of the Attorney General's Department.

227 For the salary of the attorney general, a sum not

exceeding eight thousand dollars . . . $8,000 00

228 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
twenty-six thousand dollars .... 126,000 00

229 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceed-
ing nine thousand dollars .... 9,000 00

230 For the settlement of certain small claims, as au-

thorized by section three A of chapter twelve of
the General Laws, as appearing in the Tercente-
nary Edition thereof, a sum not exceeding eight
thousand dollars . . . . . . 8,000 00

231 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 nine thousand dollars . . 9,000 00

Total $160,000 00

Service of the Department of Agriculture.

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

ceeding six thousand dollars .... $6,000 00

233 For personal services of clerks and stenographers,

a sum not exceeding twenty-five thousand dollars 25,000 00

234 For travehng expenses of the commissioner, a sum

not exceeding nine hundred dollars . . . 900 00

Acts, 1936. — Chap. 304. 309

Item

235 For services other than personal, printing the annual

report, office supplies and equipment, and printing
and furnishing trespass posters, a sum not exceed-
ing sixty-five hundred dollars .... $6,500 00

236 For compensation and expenses of members of the

advisory board, a sum not exceeding sixteen hun-
dred dollars . . ... . . 1,600 00

237 For services and expenses of apiary inspection, a

sum not exceeding two thousand dollars . . 2,000 00

Division of Dairying and Animal Husbandry:

238 For personal services, a sum not exceeding fourteen

thousand dollars 14,000 00

239 For other expenses, including the enforcement of the

dairy laws of the commonwealth, a sum not ex-
ceeding sixty-six hundred dollars . . . 6,600 00

240 For administering the law relative to the inspection

of barns and dairies by the department of agri-
culture, a sum not exceeding twenty-one thousand
two hundred and forty dollars .... 21,240 00

241 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
amended, relative to the Ucensing and bonding of
milk dealers, a sum not exceeding five thousand
dollars 5,000 00

Division of Plant Pest Control :

242 For personal services, a sum not exceeding ten thou-

sand four hundred dollars .... 10,400 00

243 For other expenses, a sum not exceeding forty-six

hundred dollars 4,600 00

Division of Markets:

244 For personal services, a sum not exceeding twenty-

five thousand one hundred and tliirty dollars 25,130 00

245 For other expenses, a sum not exceeding eighty-two

hundred dollars 8,200 00

Division of Reclamation, Soil Survey and Fairs:

246 For personal services, a sum not exceeding ten thou-

sand dollars 10,000 00

247 For travel and other expenses, a sum not exceeding

fifty-two hundred dollars . . . . 5,200 00

248 For state prizes and agricultural exhibits, a sum not

exceeding twenty-five thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for this purpose, and any unexpended
balance remaining at the end of the current fiscal
year may be used in the succeeding year . . 25,000 00

Total $177,370 00

Milk Control Board:

249 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 of-
fices, travel, office and incidental expenses, a sum
not exceeding one hundred sixty-four thousand
dollars $164,000 00

310 Acts, 1936. — Chap. 304.

Item

Division of Livestock Disease Control:

250 For the salary of the director, a sum not exceeding

four thousand dollars ..... $4,000 00

251 For personal services of clerks and stenographers, a

sum not exceeding twenty-five thousand eight

hundred and sixty dollars ..... 25,860 00

252 For services other than personal, including printing

the annual report, traveling expenses of the di-
rector, ofSce supplies and equipment, and rent, a
sum not exceeding eleven thousand dollars. . 11,000 00

253 For personal services of veterinarians and agents en-

gaged in the work of extermination of contagious
diseases among domestic animals, a sum not ex-
ceeding seventy-four thousand nine hundred and
forty dollars 74,940 00

254 For traveling expenses of veterinarians and agents,

including the cost of any motor vehicles purchased
for their use, a sum not exceeding twenty-seven
thousand dollars 27,000 00

255 For reimbursement of owners of horses killed during

the present and previous years, travel, when al-
lowed, of inspectors of animals, incidental ex-
penses of killing and burial, quarantine and emer-
gency services, and for laboratory and veterinary
supplies and equipment, a sum not exceeding five
thousand dollars 5,000 00

256 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 the previous year, a sum not exceeding forty
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose, and any unexpended balance remaining at
the end of the current fiscal year may be used in
the succeeding year ...... 40,000 00

Total $187,800 00

Reimbursement of towns for inspectors of animals :

257 For the reimbursement of certain towns for com-

pensation paid to inspectors of animals, a sum not

exceeding fifty-five hundred dollars . . . $5,500 00

Specials:

258 For work in protecting the pine trees of the com-

monwealth from white pine blister rust, and for
payments of claims on account of currant and
gooseberry bushes destroyed in the work of sup-
pressing white pine blister rust, a sum not exceed-
ing three thousand dollars .... $3,000 00

259 For quarantine and other expenses in connection

with the work of suppression of the European
corn-borer, so called, a sum not exceeding three
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 3,000 00

260 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 doUars 3,400 00

Acts, 1936. — Chap. 304. 311

Item

261 For the cost of work of inspecting certain orchards of

the commonwealth to provide for effective apple

gest control, a sum not exceeding twenty-five
undred dollars $2,500 00

262 For expenses of scouting in connection with the pos-

sible discovery of Dutch elm disease in the trees
of the commonwealth, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

Total $14,400 00

State Reclamation Board:

263 For expenses of the board, a sum not exceeding four-

teen thousand dollars $14,000 00

264 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, as amended by section one of chapter
two hundred and fifty of the acts of nineteen hun-
dred and thirty-five, a sum not exceeding thirty-
three thousand eight hundred dollars, the same
to be assessed upon certain towns as required by
law 33,800 00

Total $47,800 00

SerHce of the Department of Conservation.

Administration;

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

ceeding six thousand dollars .... $6,000 00

266 For traveling expenses of the commissioner, a sum

not exceeding six hundred dollars . . . 600 00

267 For telephone service and certain other office charges

of the department, a sum not exceeding twenty-
nine hundred dollars 2,900 GO

268 For personal services of a telephone operator and

office boy, a sum not exceeding two thousand and

forty dollars 2,040 00

Total $11,540 00

Division of Forestry:

269 For personal services of office assistants, a sum not

exceeding seventeen thousand three hundred dol-
lars $17,300 00

270 For services other than personal, including printing

the annual report, and for traveUng expenses,
necessary office suppUes and equipment, and rent,
a sum not exceeding ninety-nine hundred dollars . 9,900 00

270a For the salaries and expenses of foresters and for
necessary labor, supphes and equipment in main-
taining forest tree nurseries, a sum not exceed-
ing fourteen thousand dollars .... 14,000 GO

271 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 ex-
ceeding one thousand dollars .... 1,000 GO

272 For personal services of the state fire warden and his

assistants, and for other services, including travel-
ing expenses of the state fire warden and his as-
sistants, necessary supplies and equipment and
materials used in new construction in the forest

312 Acts, 1936. — Chap. 304.

Item

fire prevention service, a sum not exceeding sixty
thousand dollars, the same to be in addition to any
funds allotted to Massachusetts by the federal
authorities $60,000 00

273 For the suppression of the gypsy and brown tail

moths, and for expenses incidental thereto, a sum
not exceeding fifty thousand seven hundred dol-
lars, 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 50,700 00

274 For the development of state forests, inclucUng the

cost of maintenance of such nurseries as may be
necessary for the growing of seedhngs 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
amended, a sum not exceeding one hundred forty-
two thousand and forty dollars, the same to be in
addition to any amount heretofore appropriated
for this purpose, and any unexpended balance
remaining at the end of the current fiscal year may
be used in the succeeding year .... 142,040 00

275 For reimbursement to certain to^Tis, as authorized

by section twenty-four of chapter forty-eight of
the General Laws, as appearing in the Tercente-
nary Edition thereof, a sum not exceeding three
hundred dollars 300 00

276 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 thirty-
one hundred and fifty dollars .... 3,150 00

Total $298,390 00

Division of Parks:

277 For personal services, a sum not exceeding fifty-six

hundred and eighty dollars ... . . $5,680 00

278 For other expenses, a sum not exceeding thirty-five

hundred dollars 3,500 00

279 For the maintenance of the Standish monument

reservation, a sum not exceeding two thousand

dollars 2,000 00

Total $11,180 00

Sahsbury Beach Reservation:

280 For the maintenance of Salisbury beach reservation,

a sum not exceeding eighty-eight hundred dollars,
the same to be assessed upon the cities and towns
of the commonwealth, exclusive of those compris-
ing the metropoUtan 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 $8,800 00

Division of Fisheries and Game :

281 For the salary of the director, a sum not exceeding

forty-eight hundred dollars .... $4,800 00

282 For personal services of office assistants, a sum not

exceeding twenty-one thousand two hundred dol-
lars 21,200 00

Acts, 1936. — Chap. 304. 313

Item

283 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 dollars . . $11,000 00

284 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 :

285 For personal services of fish and game wardens, a

sum not exceeding sixty-nine thousand and sixty

dollars 69,060 00

286 For traveling expenses of fish and game wardens,

and for other expenses necessary for the enforce-
ment of the laws, a sum not exceeding thirty-one
thousand six hundred and sixty dollars . . 31,660 00

Biological work:

287 For personal services to carry on biological work, a

sum not exceeding fifty-four hundred dollars . 5,400 00

288 For traveling and other expenses of the biologist and

his assistants, a sum not exceeding twenty-five

hundred dollars 2,500 00

Propagation of game birds, etc. :

289 For personal services of employees at game farms

and fish hatcheries, a sum not exceeding forty-six

thousand dollars 46,000 00

289a For other maintenance expenses of game farms and
fish hatcheries, and for the propagation of game
birds and animals and food fish, a sum not exceed-
ing sixty-eight thousand five hundred dollars . 68,500 00

Damages by wild deer and wild moose:

290 For the payment of damages caused by wUd 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 :

291 For personal services, a sum not exceeding fifty-four

hundred dollars 5,400 00

292 For other expenses, a sum not exceeding fifteen hun-

dred dollars 1,500 00

293 (This item omitted.)

294 (This item omitted.)

Protection of wild life :

295 For expenses incurred in the protection of certain

wild life, a sum not exceeding fifty-two hundred

dollars 5,200 00

Marine fisheries:

295a For personal services for regulating the sale and
cold storage of fresh food fish, a sum not exceed-
ing fourteen thousand and fifty dollars . . 14,050 00

295b For other expenses of regulating the sale and cold
storage of fresh food fish, a sum not exceeding
thirty-five hundred dollars .... 3,500 00

State Supervisor of Marine Fisheries :

296 For personal services of the state supervisor of ma-

rine fisheries and his assistants, a sum not exceed-
ing twelve thousand six hundred dollars . . 12,600 00

314 Acts, 1936. — Chap. 304.

Item

297 For office and other expenses of the state supervisor

of marine fisheries, a sum not exceeding ninety-
nine hundred and fifty dollars .... $9,950 00

Enforcement of shellfish and other marine fishery
laws:

298 For personal services for the administration and en-

forcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding thirty-one
thousand six hundred and thirty dollars . . 31,630 00

299 For other expenses for the administration and en-

forcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding fourteen
thousand five hundred dollars .... 14,500 00

300 For expenses of purchasing lobsters, subject to the

conditions imposed by section twenty-six of chap-
ter one hundred and thirty of the General Laws,
as appearing in section two of chapter three hun-
dred and twenty-nine of the acts of nineteen
hundred and thirty-three, a sum not exceeding
six thousand dollars ...... 6,000 00

301 For the cost of assisting coastal cities and towns in

the propagation of food fish and the suppression
of enemies thereof, as authorized by section three
A of chapter one hundred and thirty of the Gen-
eral Laws, inserted therein by chapter three hun-
dred and twenty-four of the acts of nineteen
hundred and thirty-five, a sum not exceeding
twenty thousand dollars . ..... 20,000 00

Total $391,450 00

Bounty on seals:

302 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:

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

ceeding six thousand dollars .... $6,000 00

304 For services of deputy, directors, examiners and as-

sistants, clerks, stenographers and experts, a sum
not exceeding three hundred twenty-six thousand
four hundred and eighty dollars . . . 326,480 00

305 For services other than personal, printing the annual

report, traveling expenses, office supplies and
equipment, a sum not exceeding seventy-one
thousand dollars 71,000 00

Total $403,480 00

Supervisor of Loan Agencies:

306 For personal services of supervisor and assistants, a

sum not exceeding thirteen thousand and eighty

dollars $13,080 00

307 For services other than personal, printing the annual

report, office supplies and equipment, a sum not

exceeding eighteen hundred dollars . . . 1,800 00

Total $14,880 00

Division of Insurance:

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

ceeding six thousand dollars .... $6,000 00

Acts, 1936. — Chap. 304. 315

Item

309 For other personal services of the division, includ-

ing expenses of the board of appeal and certain
other costs of supervising motor vehicle liability
insurance, a sum not exceeding two hundred
twenty-seven thousand one hundred and ninety
dollars, of which sum not more than thirty-five
thousand dollars may be charged to the Highway
Fund $227,190 00

310 For other services, including printing the annual

report, traveling expenses, necessary office sup-
plies and equipment, and rent of offices, a sum
not exceeding fifty-four thousand dollars . . 54,000 00

Total $287,190 00

Board of Appeal on Fire Insurance Rates:

311 For expenses of the board, a sum not exceeding six

hundred dollars $600 00

Division of Savings Bank Life Insurance:

312 For personal services of officers and employees, a

sum not exceeding thirty-seven thousand six hun-
dred and sixty dollars $37,660 00

313 For services other than personal, printing the annual

report, traveling expenses, rent, publicity and
equipment, a sum not exceeding fourteen thou-
sand dollars 14,000 00

Total $51,660 00

Service of the Department of Corporations and Taxation.

Corporations and Tax Divisions:

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

ceeding seventy-five hundred dollars . . . $7,500 00

315 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
thirty-five thousand nine 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 section
twenty-seven of chapter one hundred and thirty-
eight of the General Laws, as amended, to cover
the estimated cost of collection of alcoholic bever-
ages taxes, so called ..... 235,900 00

316 For other services, necessary office supplies and

equipment, travel, and for printing the annual
report, other publications and valuation books, a
sum not exceeding forty-six thousand dollars . 46,000 00

Total $289,400 00

Income Tax Division (the two following appro-
priations are to be made from the receipts from
the income tax):
317 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 fifty-four thousand two
hundred and thirty dollars .... $454,230 00

316 Acts, 1936. — Chap. 304.

Item

318 For services other than personal, and for traveling
expenses, office supplies and equipment, a sum
not exceeding one hundred sixty thousand dollars $160,000 00

Total $614,230 00

Division of Accounts:

319 For personal services, a sum not exceeding ninety-

five thousand nine hundred and forty dollars . $95,940 00

320 For other expenses, a sum not exceeding twelve

thousand dollars 12,000 00

321 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

322 For services and expenses of auditing and instalhng

systems of municipal accounts, the cost of which
is to be assessed upon the municipaUties for which
the work is done, a sum not exceeding one hun-
dred seventy thousand dollars .... 170,000 00

323 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 $305,440 00

Reimbursement for loss of taxes:

324 For reimbursing cities and towns for loss of taxes

on land used for state institutions and certain
other state activities, as certified by the commis-
sioner of corporations and taxation for the fiscal
year ending November thirtieth, nineteen hun-
dred and thirty-six, a sum not exceeding one hun-
dred fifty-six thousand eight himdred dollars . $156,800 00

Service of the Department of Education.

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

ceeding nine thousand dollars .... $9,000 00

326 For personal services of officers, agents, clerks,

stenographers and other assistants, but not in-
cluding those employed in university extension
work, a sum not e.xceeding one hundred three
thousand four hundred and forty dollars . . 103,440 00

327 For traveUng 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 six thousand dollars .... 6,000 00

328 For services other than personal, necessary office

supplies, and for printing the annual report and
bulletins as pro\'ided by law, a sum not exceeding
eight thousand dollars ..... 8,000 00

329 (This item omitted.)

330 For expenses incidental to furnishing school com-

mittees with rules for testing the sight and hearing
of pupils, a sum not exceeding three hundred dol-
lars . . 300 00

331 For printing school registers and other school blanks

for cities and towns, a sum not exceeding fourteen

hundred dollars 1,400 00

332 For assisting small towns in providing themselves

with school superintendents, as pro\'ided by law,
a sum not exceeding one hundred six thousand
dollars 106,000 00

Acts, 1936. — Chap. 304. 31?

Item

333 For the reimbursement of certain towns for the

payment 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 GO

334 For the reimbursement of certain towns for the trans-

portation of pupils attending high schools outside
the towns in wliich they reside, as provided by law,
a sum not exceeding two hundred thousand dollars 200,000 00

335 For the reimbursement of certain cities and towns

for a part of the expense of maintaining agricul-
tural and industrial vocational schools, as provided
by law, a sum not exceeding one milUon three
hundred twenty-five thousand seven hundred
seventy-three dollars and sixty-seven cents . 1,325,773 67

336 For the expense of promotion of vocational rehabili-

tation in co-operation with the federal govern-
ment, including rent, with the approval of the
department of education, a sum not exceeding
thirty-one thousand nine hundred and fifty dollars 31,950 00

337 For aid to certain persons receiving instruction in

the courses for vocational rehabilitation, as au-
thorized by section twenty-two B of chapter
seventy-four of the General Laws, as appearing
in the Tercentenary Edition thereof, a sum not
exceeding twenty-five hundred dollars . . 2,500 00

338 For the training of teachers for vocational schools,

to comply with the requirements of federal author- '

ities under the provisions of the Smith-Hughes
act, so called, a sum not exceeding thirty thou-
sand one hundred dollars ..... 30,100 00

339 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
amended, a sum not exceeding four himdred forty-
foiu- thousand dollars ..... 444,000 00

340 For expenses of holding teachers' institutes, a sum

not exceeding two thousand dollars . . . 2,000 00

341 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

342 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 exceed-
ing six thousand dollars ..... 6,000 00

Total

English-speaking Classes for Adults:

343 For personal services of administration, a sum not

exceeding ninety-two hundred and forty dollars

344 For other expenses of administration, a sum not ex-

ceeding two thousand dollars

345 For reimbursement of certain cities and towns, a

sum not exceeding fifty-five thousand dollars

Total

University Extension Courses:

346 For personal services, a sum not exceeding one hun

dred thirty-six thousand five hundred dollars

347 For other expenses, a sum not exceeding thirty thou-

sand dollars ......

Total

$2,465,463 67

$9,240 00

2,000 00

. 55,000 00

, $66,240 00

. $136,500 00

. 30,000 00

. $166,500 00

318 Acts, 1936. — Chap. 304.

Item

Division of Immigration and Americanization:

348 For personal services, a sum not exceeding forty-one

thousand three hundred and forty dollars . . $41,340 00

349 For other expenses, a sum not exceeding six thou-

sand dollars 6,000 00

Total $47,340 00

Division of Public Libraries:

350 For personal services of regular agents and office

assistants, a sum not exceeding ten thousand eight

hundred and eighty dollars .... $10,880 00

351 For other services, including printing the annual re-

port, traveling expenses, necessary office supplies
and expenses incidental to the aiding of public
hbraries, a sum not exceeding eight thousand dol-
lars 8,000 00

Total $18,880 00

Division of the Blind:

352 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-six thou-
sand six hundred and twenty dollars . . . $46,620 00

353 For the maintenance of local shops, a sum not ex-

ceeding seventy thousand dollars . . 70,000 00

354 For maintenance of Woolson House industries, so

called, to be expended under the authority of said
division, a sum not exceeding twenty-eight thou-
sand five hundred dollars ..... 28,500 00

355 For the maintenance of certain industries for men,

to be expended under the authority of said divi-
sion, a sum not exceeding one hundred sixty-five
thousand dollars 165,000 00

356 For instruction of the adult blind in their homes, a

sima not exceeding seventeen thousand three hun-
dred and fifty dollars 17,350 00

357 For expenses of providing sight-saving classes, with

the approval of said division, a sum not exceeding

twenty thousand seven hundred and fifty dollars 20,750 00

358 For aiding the adult bfind, subject to the conditions

provided by law, a sum not exceeding two hun-
dred thousand dollars, of which an amount equal
to any contribution for such purpose from the
federal government shall revert to the treasury
of the commonwealth 200,000 00

359 For expenses of administering and operating the

service of piano tuning and mattress renovating
under section twenty-five of chapter sixty-nine
of the General Laws, as amended by chapter three
hundred and ninety-seven of the acts of nineteen
hundred and thirty-five, a sum not exceeding
twenty thousand dollars 20,000 00

Total $568,220 00

Teachers' Retirement Board:

360 For personal services of employees, a sum not ex-

ceeding eleven thousand nine hundred dollars . $11,900 00

361 For services other than personal, including printing

the annual report, traveling expenses, office sup-
plies and equipment, and rent, a sum not exceed-
ing forty-eight hundred dollars .... 4,800 00

Acts, 1936. — Chap. 304. 319

Item

362 For payment of pensions to retired teachers, a sum

not exceeding one million one hundred twenty-
five thousand doUars .... $1,125,000 00

363 For reimbursement of certain cities and towns for

pensions to retired teachers, a sum not exceeding
two hundred seventy thousand nine hundred
eighty-one dollars and seventy-three cents . . 270,981 73

364 For payment into the annuity fund for the period of

the year nineteen hundred and thirty-five, in ac-
cordance with certain actuarial figures, a sum
not exceeding twenty-one thousand eight hun-
dred eighty doUars and fifty-two cents . . 21,880 52

Total $1,434,562 25

Massachusetts Nautical School:

365 For personal services of the secretary and office as-

sistants, a sum not exceeding forty-seven hundred

and sixty dollars $4,760 00

366 For services other than regular clerical services, in-

cluding printing the annual report, rent, office
supplies and equipment, a sum not exceeding
twenty-one hundred and fifty dollars . . 2,150 00

367 For the maintenance of the school and ship, a sum

not exceeding eighty-four thousand four hundred

and ten dollars 84,410 00

Total $91,320 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 :

368 State teachers' college at Bridgewater, a sum not

exceeding one hundred fifty-four thousand three

hundred dollars $154,300 00

369 State teachers' college at Bridgewater, boarding hall,

a sum not exceeding fifty-three thousand two hun-
dred dollars 53,200 00

370 For the construction of fireproof stairways in Wood-

ward Hall at the state teachers' college at Bridge-
water, a sum not exceeding ten thousand dollars . 10,000 00

371 State teachers' coUege at Fitchburg, a sum not ex-

ceeding one hundred sixty-one thousand one hun-
dred and thirty dollars 161,130 00

372 State teachers' coUege at Fitchburg, boarding hall, a

sum not exceeding thirty-three thousand dollars . 33,000 00

373 (This item omitted.)

374 For the cost of rewiring and electric lines at the

Edgerly building at the state teachers' college at
Fitchburg, a sum not exceeding two thousand
dollars 2,000 00

375 State teachers' college at Framingham, a sum not

exceeding one hundred fifty-two thousand eight

hundred and fifty dollars 152,850 00

376 State teachers' college at Framingham, boarding

hall, a sum not exceeding fifty-four thousand five

hundred dollars 54,500 00

377 For the purchase and installation of a stoker at the

state teachers' college at Framingham, a simi not

exceeding three thousand dollars . . . 3,000 00

378 State teachers' college at Hyannis, a sum not ex-

ceeding fifty-six thousand seven hundred and

sixty-five dollars 56,765 00

320 Acts, 1936. — Chap. 304.

Item

379 State teachers' college at Hyannis, boarding hall, a

sum not exceeding sixteen thousand three hun-
dred dollars $16,300 00

380 State teachers' college at LoweU, a sum not exceed-

ing seventy-six thousand and sixty-six dollars . 76,066 00

381 State teachers' college at North Adams, a sum not

exceeding sixty thousand five hundred and
seventy-two dollars ...... 60,572 00

382 State teachers' college at North Adams, boarding

hall, a sum not exceeding eighty-five hundred

dollars 8,500 00

383 State teachers' college at Salem, a sum not exceed-

ing one hundred eighteen thousand and twenty-
eight dollars 118,028 00

384 State teachers' college at Westfield, a sum not ex-

ceeding seventy-one thousand three hundred and

sixty dollars 71,360 00

385 State teachers' college at Westfield, boarding hall,

a sum not exceeding eighty-one hundred dollars . 8,100 00

386 State teachers' college at Worcester, a sum not ex-

ceeding ninety-four thousand one hundred dollars 94,100 00

387 (This item omitted.)

388 Massachusetts School of Art, a sum not exceeding

one hundred nine thousand five hundred dollars . 109,500 00

Total $1,243,271 00

Textile Schools:

389 For the maintenance of the Bradford Durfee textile

school of Fall River, with the approval of the com-
missioner of education and the trustees, a sum
not exceeding sixty-three thousand one 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 . . $63,110 00

390 For the maintenance of the Lowell textile institute,

with the approval of the commissioner of educa-
tion and the trustees, a sura not exceeding one
hundred seventy-two thousand eight hundred
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 .... 172,800 00

391 For the maintenance of the New Bedford textile

school, with the approval of the commissioner of
education and the trustees, a sum not exceeding
sixty-six thousand six hundred and fifty dollars,
of wliich 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 ..... 66,650 00

Total . . . . . . . . $302,560 00

Massachusetts State College:

392 For maintenance and current expenses of the Massa-

chusetts state college, with the approval of the
trustees, a sum not exceeding one million fifty-
eight thousand and five dollars . . . $1,058,005 00

393 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 addi-
tional 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 coimcil .... 2,500 00

Acts, 1936. — Chap. 304. 321

Item

394 For aid to certain students, \Aith the approval of the

trustees, a sum not exceeding five thousand dollars $5,000 00

395 (This item omitted.)

396 For extending the electric system to Harlow and

Tillson farms, a sum not exceeding two thousand

dollars 2,000 00

397 (This item omitted.)

398 (This item omitted.)

399 For the purchase of certain land, a sum not exceeding

seven thousand dollars ..... 7,000 00

Total $1,074,505 00

Service of the Department of Civil Service and Registration.

Administration :

400 For personal services of telephone operator of the

department and for service of telephone tolls, a
sum not exceeding seventeen hundred and ninety-
five dollars $1,795 00

Division of Civil Service:

401 For the salaries of the commissioner and associate

commissioners, a sum not exceeding nine thousand

dollars . . •. . . • • • $9,000 00

402 For other personal services of the division, a sum not

exceeding one hundred thirty-three thousand six

hundred dollars . . . . . . 133,600 00

403 For other services and for printing the annual report,

and for office supplies and equipment necessary
for the administration of the civil service law, a
sum not exceeding twenty-eight thousand dollars 28,000 00

Total $170,600 00

Division of Registration:

404 For the salary of the director, a sum not exceeding

twenty-four hundred dollars . . . . $2,400 00

405 For clerical and certain other personal services of the

division, a sum not exceeding forty-five thousand

three hundred and thirty dollars . . . 45,330 00

406 For services of the division other than personal,

printing the annual reports, office supplies and
equipment, except as otherwise provided, a sum
not exceeding fourteen thousand four hundred
dollars 14,400 00

Total $62,130 00

Board of Registration in Medicine:

407 For personal services of the members of the board,

a sum not exceeding forty-three hundred dollars . $4,300 00

408 For personal services of members of the board and

examiners for the registration of chiropodists, a

sum not exceeding six hundred dollars . . 600 00

409 For traveling expenses, a sum not exceeding six

hundred dollars 600 00

Total $5,500 00

Board of Dental Examiners:

410 For personal services of the members of the board,

a sum not exceeding thirty-eight hundred dollars $3,800 00

411 For traveling expenses, a sum not exceeding nine

hundred and fifty dollars ..... 950 00

322 Acts, 1936. — Chap. 304.

Item

412 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 $6,550 00

Board of Registration in Pharmacy :

413 For personal services of members of the board, a

sum not exceeding forty-three hundred dollars . $4,300 00

414 For personal services of agents, a sum not exceeding

eighty-four hundred and sixty dollars . . 8,460 00

415 For traveling expenses, a sum not exceeding six

thousand dollars 6,000 00

Total $18,760 00

Board of Registration of Nurses:

416 For personal services of members of the board, a

sum not exceeding twenty-one hundred dollars . $2,100 00

417 For traveling expenses, a sum not exceeding twelve

hundred dollars 1,200 00

Total $3,300 00

Board of Registration in Embalming:

418 For personal services of members of the board, a sum

not exceeding three hundred dollars . . . $300 00

419 For traveling expenses, a sum not exceeding three

hundred dollars 300 00

420 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:

421 For personal services of members of the board, a

sum not exceeding nineteen hundred dollars . $1,900 00

422 For traveling expenses, a sum not exceeding eight

hundred dollars 800 00

Total $2,700 00

Board of Registration in Veterinary Medicine:

423 For personal services of the members of the board,

a sum not exceeding six hundred dollars . . $600 00

424 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 :

425 For personal services of the members of the board,

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

426 For traveling expenses, a sum not exceeding five

thousand dollars 5,000 00

Total $6,000 00

Board of Registration of Public Accountants:
427 For personal services of members of the board, a
sum not exceeding six hundred and seventy-five
dollars $675 GO

Acts, 1936. — Chap. 304. 323

Item

428 For expenses of examinations, including the prepa-

ration and marking of papers, and for other ex-
penses, a sum not exceeding eighteen hundred
dollars $1,800 00

Total $2,475 GO

State Examiners of Plumbers:

429 For personal services of the members of the board,

a sum not exceeding eleven hundred dollars . $1,100 00

430 For traveling expenses, a sum not exceeding seven-

teen hundred dollars 1,700 00

Total . $2,800 00

Board of Registration of Barbers:

431 For personal services of the members of the board

and assistants, a sum not exceeding seventeen

thousand three hundred dollars . . . $17,300 00

432 For travel and other necessary expenses, a sum not

exceeding sixty-six hundred and seventy-five

dollars 6,675 00

Total $23,975 00

Board of Registration of Hairdressers:

433 For personal services of the members of the board

and assistants, a sum not exceeding eighteen thou-
sand four hundred dollars .... $18,400 00

434 For travel and other necessary expenses, including

rent, a sum not exceeding eleven thousand eight

hundred dollars 11,800 00

Total $30,200 00

Service of the Deparhnent of Industrial Accidents.

435 For personal services of members of the board, a

sum not exceeding forty thousand dollars . . $40,000 00

436 For personal services of secretaries, medical adviser,

inspectors, clerks and office assistants, a sum not
exceeding one hundred thirty-five thousand eight
hundred and eighty dollars .... 135,880 00

437 For expenses of impartial examinations, a sum not

exceeding twenty-five thousand dollars . 25,000 00

438 For expenses of industrial disease referees, as au-

thorized by section nine B of chapter one hundred
and fifty-two of the General Laws, inserted by
chapter four hundred and twenty-four of the acts
of nineteen hundred and thirty-five, a sum not
exceeding twenty-five thousand dollars . . 25,000 00

439 For traveling expenses, a sum not exceeding eight

thousand dollars 8,000 00

440 For other services, printing the annual report, neces-

sary office supplies and equipment, a sum not ex-
ceeding fourteen thousand dollars . . . 14,000 00

Total $247,880 00

Service of the Department of Labor and Industries.

441 For the salaries of the commissioner, assistant and

associate commissioners, a sum not exceeding

twenty thousand five hundred dollars . . $20,500 00

442 For clerical and other assistance to the commis-

sioner, a sum not exceeding seventy-four hundred

and sixty dollars 7,460 00

324 Acts, 1936. — Chap. 304.

Item

443 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-three thousand three hundred and
forty dollars $163,340 00

444 For personal services for the division of occupa-

tional hygiene, a sum not exceeding eleven thou-
sand four hundred dollars .... 11,400 00

445 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 six thousand dollars . . 6,000 00

446 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 seventy-one thousand two
hundred and twenty dollars .... 71,220 00

447 For personal services for the division on necessaries

of life, a sum not exceeding thirteen thousand and

twenty dollars 13,020 00

448 For services other than personal, traveling expenses,

office supplies and equipment for the division on
necessaries of life, a sum not exceeding eighteen
hundred dollars 1,800 00

449 For clerical and other assistance for the board of

conciliation and arbitration, a sum not exceeding

twelve thousand one hundred and forty doUars . 12,140 00

460 For other services, printing, traveling expenses and
office supplies and equipment for the board of
conciliation and arbitration, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

451 For personal services of investigators, clerks and
stenographers for the minimum wage service, a
sum not exceeding fourteen thousand eight hun-
dred and twenty dollars 14,820 00

462 For compensation and expenses of wage boards, a

sum not exceeding fifteen hundred dollars . 1,500 00

463 For services other than personal, printing, travel-

ing expenses and office supplies and equipment
for minimum wage service, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

454 For personal services for the division of standards,
a sum not exceeding thirty-one thousand six hun-
dred and fifty dollars 31,650 00

466 For other services, printing, traveling expenses and
office supplies and equipment for the division of
standards, a sum not exceeding eleven thousand
dollars 11,000 00

Total $370,850 00

Unemployment Compensation Commission:

456 For administrative expenses of the commission, in-

cluding certain expenditures of the previous year
and expenditures of the current fiscal year up to
and including February eleventh, a sum not ex-
ceeding twenty thousand three hundred and fifty
dollars .120,350 00

457 For clerical and other personal services for the opera-

tion of free employment offices, a sum not exceed-
ing seventy-seven thousand dollars . . . 77,000 00

Acts, 1936. — Chap. 304. 325

Item

458 For rent, necessary office supplies and equipment

for the free employment offices, a sum not exceed-
ing fifteen thousand dollars .... $15,000 00

Total 8112,350 GO

Service of the Department of Mental Diseases.

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

ceeding ten thousand dollars .... $10,000 00

460 For personal services of officers and employees, a

sum not exceeding one hundred twenty-eight

thousand eight hundred dollars .... 128,800 00

461 For transportation and medical examination of state

charges under its charge for the present year and
previous years, a sum not exceeding ten thousand
dollars 10,000 00

462 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

463 For other services, including printing the annual re-

port, traveling expenses and office supplies and
equipment, a sum not exceeding twenty-two thou-
sand dollars 22,000 00

Total $189,000 00

Division of Mental Hygiene:

464 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 investi-
gation might be made which would give promise
of decreasing the number of persons afflicted with
mental diseases or defects, a sum not exceeding
ninety thousand dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose $90,000 00

465 (This item omitted.)

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Mental Diseases:

466 Boston psychopathic hospital, a sum not exceeding

two hundred thirty-six thousand dollars . . 236,000 00

467 Boston state hospital, a sum not exceeding one

milUon eighty-one thousand eight hundred and

eighty dollars . . . . . . . 1,081,880 00

468 For the purchase and installation of laundry equip-

ment at the Boston state hospital, a sum not ex-
ceeding fifteen hundred dollars .... 1,500 00

469 For the cost of materials for use in connection with

Works Progress Administration projects at the
Boston state hospital, a sum not exceeding twenty
thousand dollars 20,000 00

470 Danvers state hospital, a sum not exceeding eight

hundred thirty thousand four hundred and forty

dollars 830,440 00

471 For the purchase and installation of floor covering

at the Danvers state hospital, a sum not exceed-
ing forty-three hundred dollars .... 4,300 00

472 For the purchase and installation of laundry equip-

ment at the Danvers state hospital, a sum not ex-
ceeding six thousand dollars .... 6,000 00

326 Acts, 1936. — Chap. 304.

Item

473 Foxborough state hospital, a sum not exceeding five

hundred seventeen thousand six hundred and sixty

dollars - . . $517,660 00

474 For the purchase and installation of window guards

at the Foxborough state hospital, a sum not ex-
ceeding nine thousand dollars .... 9,000 00

475 Gardner state hospital, a sum not exceeding five

hundred fifty-eight thousand four hundred and

sixty dollars 558,460 00

476 For the purchase and installation of laundry equip-

ment at the Gardner state hospital, a sum not ex-
ceeding six thousand dollars .... 6,000 00

477 Grafton state hospital, a sum not exceeding si^

hundred twenty-four thousand four hundred dol-
lars 624,400 00

478 For the purchase of certain equipment for the

morgue at the Grafton state hospital, a sum not
exceeding twenty-five hundred dollars . . 2,500 00
478a For the purchase of certain land for the Grafton
state hospital, a sum not exceeding six hundred
and fifty dollars 650 00

479 Medfield state hospital, a sum not exceeding seven

hundred four thousand seven hundred and ten

doUars 704,710 00

480 For the purchase and installation of laundry equip-

ment at the Medfield state hospital, a sum not

exceeding six thousand dollars . . . 6,000 00

481 For the purchase and installation of temperature

control valves at the Medfield state hospital, a

sum not exceeding seven thousand dollars . . 7,000 00

482 Metropolitan state hospital, a sum not exceeding five

hundred sixty-one thousand one hundred and

fifty dollars 561,150 00

483 For landscaping, grading and constructing roads

within the property of the Metropolitan state
hospital, a sum not exceeding twenty thousand
dollars. The work of constructing the roads and
the letting of the contract shall be done under the
supervision of the state department of public
works 20,000 00

484 For the purchase and installation of laundry equip-

ment at the Metropolitan state hospital, a sum not

exceeding thirty-eight hundred dollars . . 3,800 00

485 Northampton state hospital, a sum not exceeding

six hundred seventy-three thousand seven hun-
dred and twenty dollars 673,720 00

486 For the purchase and installation of food elevators

at the Northampton state hospital, a sum not
exceeding twenty thousand dollars . . . 20,000 00

486a For the renovation of rear center for kitchen and
dining rooms, remodeling of present dining room,
and for purchase and installation of kitchen equip-
ment, at the Northampton state hospital, a sum
not exceeding two hundred and forty thousand
dollars, the same to be expended together with
the additional sum of at least one hundred and
thirty-seven thousand three hundred and seventy
dollars from federal sources, upon condition that
said additional sum is made available therefor
and the project is approved by the Emergency
PubHc Works Commission .... 240,000 00

487 Taunton state hospital, a sum not exceeding six

hundred thirty-six thousand two hundred and

eighty-five dollars 636,285 00

Acts, 1936. — Chap. 304. 327

Item

488 For the purchase and installation of laundry equip-

ment at the Taunton state hospital, a sum not
exceeding thirty-six hundred and forty-five dol-
lars $3,645 00

489 For the renovation of baths and toilets at the Taun-

ton state hospital, a sum not exceeding ten thou-
sand dollars 10,000 00

490 Westborough state hospital, a sum not exceeding

six hundred forty-nine thousand five hundred and

sixty dollars 649,560 00

491 For painting and pointing the main group at the

Westborough state hospital, a sum not exceeding

five thousand dollars ..... 5,000 00

492 For renovating Richmond sanatorium at the West-

borough state hospital, a sum not exceeding eighty-
four hundred dollars 8,400 00

493 Worcester state hospital, a sum not exceeding one

million twelve thousand and twenty dollars . 1,012,020 00

494 For rebuilding the porch on the Administration

building at the Worcester state hospital, a sum

not exceeding fifty-five hundred dollars . . 5,500 00

495 For the renewal of plumbing at the Summer Street

hospital of the Worcester state hospital, a sum
not exceeding ten thousand dollars . . . 10,000 00
495a For the purchase and installation of new boUers and
stokers, generating and other power plant equip-
ment, and for the general renovation of the power
plant at the Worcester state hospital, a sum not
exceeding two hundred seventy thousand dollars 270,000 00

496 Monson state hospital, a sum not exceeding six hun-

dred twenty-two thousand eight hundred and
seventy-five dollars 622,875 00

497 For the purchase and installation of laundry equip-

ment at the Monson state hospital, a sum not ex-
ceeding four thousand dollars .... 4,000 00

498 For the construction of roads within the property of

the Monson state hospital, a sum not exceeding
fifteen thousand dollars, the letting of the contract
and the work of construction to be done under the
* supervision of the state department of public
works 15,000 00

499 Belchertown state school, a sum not exceeding four

hundred ninety-seven thousand one hundred and

thirty dollars 497,130 00

500 (This item omitted.)

501 For the purchase of certain land for the Belchertown

state school, a sum not exceeding five thousand

dollars 5,000 00

502 Walter E. Fernald state school, a sum not exceeding

seven hundred five thousand nine hundred dol-
lars 705,900 00

503 For improvements in the boiler system at the Walter

E. Fernald state school, a sum not exceeding six
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 6,000 00

504 For the construction of roads at the Walter E. Fer-

nald state school, a sum not exceeding four thou-
sand dollars 4,000 00

605 For fitting up and improving the recreation room
in the assembly building at the Walter E. Fernald
state school, a sum not exceeding twenty-three
hundred dollars 2,300 00

506 Wrentham state school, a sum not exceeding six

hundred nineteen thousand three hundred dollars 619,300 00

328 Acts, 1936. — Chap. 304.

Item

607 For the purchase of furnishings for the cHnical
building at the Wrentham state school, a sum not
exceeding twelve thousand six hundred and fifty

dollars $12,650 00

The appropriation of twenty-six thousand eight
hundred dollars authorized by Item 459 of chap-
ter two hundred and forty-nine of the acts of
nineteen hundred and thirty-five, for the instal-
lation of sprinklers at the Boston state hospital,
is hereby transferred and added to funds avail-
able for the construction of federal aided projects
as provided in chapter three hundred and sixty-
five of the acts of nineteen hundred and thirty-
three, as amended.

Medfield State Hospital:
The appropriation made by Item 479 of chapter two
hundred and forty-nine of the acts of nineteen
hundred and thirty-five is hereby amended by
striking out the word "nurses" and inserting in
place thereof the word "male".

Total . . . . . . . $11,239,735 00

Service of the Department of Correction.

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

ceeding six thousand dollars .... $6,000 00

609 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-eight thousand nine hundred and
eighty dollars 98,980 00

510 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

511 For traveling expenses of officers and employees of

the department, when required to travel in the
discharge of their duties, a sum not exceeding ten
thousand dollars 10,000 00

612 For the removal of prisoners, to and from state in-

stitutions, a sum not exceeding sixty-five hundred

dollars 6,500 00

613 For assistance to discharged prisoners, a sum not

exceeding seven hundred dollars . 700 00

614 For the expense of the service of the central index,

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

Total $130,680 00

Division of Classification of Prisoners:
516 For expenses of the division hereby authorized, a
sum not exceeding eighteen thousand dollars;
provided, that the persons employed hereunder
shall not be subject to civil service laws or the
rules and regulations made thereunder . . $18,000 00

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Correction:

616 State farm, a sum not exceeding seven hundred

eighty-nine thousand three hundred and twenty

dollars $789,320 00

617 For improving the sewerage and water works at the

State farm, a sum not exceeding fifteen thousand

dollars 16,000 00

Acts, 1936. — Chap. 304. 329

Item

618 For the installation of a watchman alarm system at
the State farm, a sum not exceeding fifteen thou-
sand dollars $15,000 00

519 For the construction of additional day space for

inmates at the State farm, a sum not exceeding

eight thousand dollars 8,000 00

520 State prison, a sum not exceeding four hundred

sixty-one thousand three hundred doUars . . 461,300 00

521 For the installation of an additional sprinkler sys-

tem at the state prison, a sum not exceeding ten

thousand dollars 10,000 00

522 Massachusetts reformatory, a sum not exceeding

five hundred forty thousand eight hundred dol-
lars, which sum includes one thousand dollars for
medical attendance and other expenses on ac-
count of injuries received by a certain officer . 540,800 00
623 For the cost of equipment for dormitory at the
Massachusetts reformatory, a sum not exceeding
three thousand dollars ..... 3,000 00

524 (This item omitted.)

525 (This item omitted.)

526 Reformatory for women, a sum not exceeding two

hundred thirty-five thousand nine hundred and

ten dollars 235,910 00

527 For the cost of pointing and other masonry work at

the reformatory for women, a sum not exceeding

seven thousand dollars ..... 7,000 00

528 State prison colony, a sum not exceeding four hun-

dred ninety-eight thousand one hundred and forty

dollars 498,140 00

529 For preliminary work on a root storage cellar at the

state prison colony, a sum not exceeding three

hundred dollars 300 00

530 For construction to provide space for solitary con-

finement at the state prison colony, a sum not

exceeding five thousand dollars . . . 5,000 00

Total $2,588,770 00

Service of the Department of Public Welfare.

Administration :

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

ceeding seven thousand dollars .... $7,000 00

532 For personal services of officers and employees, a

sum not exceeding forty-five thousand six hun-
dred and fifty dollars 45,650 00

533 For services other than personal, printing the an-

nual report, travefing expenses, including expenses
of auxiliary visitors, office supphes and expenses, a
sum not exceeding fifty-five hundred dollars . 5,500 00

Total $58,150 00

State Board of Housing:

534 For personal services, a sum not exceeding eleven

thousand eight hundred dollars . . . . $11,800 00

535 For expenses, as authorized by section eighteen of

chapter eighteen of the General Laws, inserted by
section one of chapter three himdred and sixty-
four of the acts of nineteen hundred and thirty-
three, as amended, a sum not exceeding forty-four
hundred dollars ...... 4,400 00

Total $16,200 00

330 Acts, 1936. — Chap. 304.

Item

Division of Aid and Relief:

536 For personal services of officers and employees, a

sum not exceeding one hundred eighty-six thou-
sand dollars; and the employment of persons au-
thorized under item I of chapter sixty-nine of the
acts of nineteen hundred and thirty-two may be
continued, and shall not be subject to the civil
service laws or the rules and regulations made
thereunder . . . ... . S186,000 00

537 For services other than personal, including travel-

ing e.xpenses and office suppUes 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 une.xpended balances of appropria-
tions made for the purpose in the previous year :

538 For the payment of suitable aid to mothers with

dependent children, a sum not exceeding one
milUon two hundred and twenty-five thousand
dollars . . . . . . . 1,225,000 00

539 For the burial by cities and towns of indigent per-

sons who have no legal settlement, a sum not ex-
ceeding nine thousand dollars .... 9,000 00

540 For expenses in connection with smallpox and other

diseases dangerous to the pubhc health, a sum
not exceeding one hundred thousand dollars . 100,000 00
641 For the support of sick indigent persons who have
no legal settlement, a sum not exceeding one hun-
dred forty thousand dollars .... 140,000 00

542 For temporary aid given to indigent persons with no

legal settlement, and to shipwrecked seamen by
cities and towns, and for the transportation of
indigent persons under the charge of the depart-
ment, a sum not exceeding three million six hun-
dred thousand dollars 3,600,000 00

Old Age Assistance:

543 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 ninety-one thou-
sand six hundred and thirty dollars . . . 91,630 00

544 For other expenses, including rent, travel, office sup-

plies and other necessary exj^enses, required for
the administration of old age assistance provided
by said chapter one hundred and eighteen A, a
sum not exceeding nineteen thousand five hun-
dred dollars 19,500 00

Total $5,402,130 00

Division of Child Guardianship :

545 For personal services of officers and employees, a

sum not exceeding two hundred eleven thousand

five hundred and forty dollars .... $211,540 00

546 For services other than personal, office supplies and

equipment, a sum not exceeding forty-seven hun-
dred dollars 4,700 00

547 For tuition in the public schools, including transpor-

tation to and from school, of children boarded by
the department, for the present and previous
years, a sum not exceeding two hundred eighty-
four thousand dollars 284,000 GO

Acts, 1936. — Chap. 304. 331

Item

548 For the care and maintenance of children, for the
present and previous years, a sum not exceeding
one million five hundred thousand dollars . $1,500,000 00

Total $2,000,240 00

Division of Juvenile Training, Trustees of Massa-
chusetts Training Schools:

549 For services of the secretary and certain other per-

sons employed in the executive office, a sum not

exceeding fourteen thousand two hundred dollars $14,200 00

550 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
three thousand dollars ..... 3,000 00

Boys' Parole:

551 For personal services of agents in the division for

boys paroled and boarded in families, a sum not
exceeding forty-five thousand five hundred and
forty dollars 45,540 00

552 For services other than personal, including traveling

expenses of the agents and boys, and necessary
office supplies and equipment, a sum not exceed-
ing twenty-three thousand dollars . . . 23,000 00

553 For board, clothing, medical and other expenses in-

cidental to the care of boys, a sum not exceeding

twenty-five thousand dollars .... 25,000 00

Girls' Parole:

554 For personal services of agents in the division for

girls paroled from the industrial school for girls,

a sum not exceeding thirty-four thousand doUars 34,000 00

555 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-
one thousand dollars ..... 21,000 00

Tuition of children:

556 For reimbursement of cities and towns for tuition

of children attending the public schools, a sum

not exceeding seven thousand dollars . . . 7,000 00

Total $172,740 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 :

557 Industrial school for boys, a sum not exceeding one

hundred ninety-eight thousand three hundred and

sixty dollars $198,360 00

558 Industrial school for girls, a sum not exceeding one

hundred sixty thousand three hundred and sixty

dollars 160,360 00

559 Lyman school for boys, a sum not exceeding two

hundred eighty-seven thousand eight hundred

dollars 287,800 00

560 For the purchase and installation of equipment for

the power plant at the Lyman school for boys, a

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

Total $691,520 00

332 Acts, 1936. — Chap. 304.

Item

Massachusetts Hospital School:

561 For the maintenance of the Massachusetts hospital

school, to be expended with the approval of the
trustees thereof, a sum not exceeding two hundred
sixteen thousand five hundred and ninety dollars $216,590 00

State Infirmary:

562 For the maintenance of the state infirmary, to be

expended with the approval of the trustees thereof,
a sum not exceeding one million two hundred
thirty thousand seven hundred and twenty dollars 1,230,720 00

563 For the cost of improvements in the toilet sections at

Stonecroft, a sum not exceeding nine thousand

doUars 9,000 00

Total $1,239,720 00

Service of the Department of Public Health.

Administration :

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

ceeding seventy-five hundred doUars . $7,500 00

565 For personal services of the health council and office

assistants, a sum not exceeding nineteen thousand

and seventy dollars 19,070 00

566 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) :

567 For personal services of the division, including can-

cer clinics, a sum not exceeding forty-eight thou-
sand one hundred and ninety dollars . . 48,190 00

568 For other expenses of the division, including cancer

clinics, a sum not exceeding forty-nine thousand

five hundred dollars 49,500 00

Service of Child Hygiene:

569 For personal services of the director and assistants,

a sum not exceeding thirty-eight thousand two

hundred and twenty dollars .... 38,220 00

570 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceed-
ing fifteen thousand doUars .... 15,000 00

Service of Maternal and Child Hygiene:

571 For personal services for extending the activities of

the division in the protection of mothers and con-
servation of the welfare of children, a sum not
exceeding twenty-three thousand two hundred

and eighty dollars 23,280 00

672 For other expenses for extending the activities of
the division in the protection of mothers and con-
servation of the welfare of children, a sum not
exceeding ten thousand two hundred dollars . 10,200 00

Division of Communicable Diseases:

573 For personal services of the director, district health

officers and their assistants, epidemiologists, bac-
teriologist and assistants in the diagnostic labora-
tory, a sum not exceeding seventy-five thousand
seven hundred dollars ..... 75,700 00

574 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
fifteen thousand two hundred dollars . . . 15,200 00

Acts, 1936. — Chap. 304. 333

Item

Venereal Diseases:

575 For personal services for the control of venereal dis-

eases, a sum not exceeding twelve thousand four

hundred dollars $12,400 00

576 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceed-
ing twenty-nine thousand dollars . . . 29,000 00

Wassermann Laboratory:

577 For personal services of the Wassermann laboratory,

a sum not exceeding sixteen thousand five hun-
dred dollars 16,500 00

578 For expenses of the Wassermann laboratory, a sum

not exceeding fifty-two hundred dollars . . 5,200 00

Antitoxin and Vaccine Laboratories:
679 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-seven thousand and eighty dollars 77,080 00

580 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-six thousand five hundred
dollars 36,500 00

Inspection of Food and Drugs:

581 For personal services of the director, analysts, in-

spectors and other assistants, a sum not exceeding

fifty-nine thousand eight hundred dollars . . 59,800 00

682 For other services, including traveling expenses,

supplies, materials and equipment, a sum not ex-
ceeding thirteen thousand dollars . . . 13,000 00

Shellfish Enforcement Law:

683 For personal services for administering the law rela-

tive to shellfish, a sum not exceeding two thou-
sand and forty dollars ..... 2,040 00

584 For other expenses for administering the law rela-

tive to shellfish, a sum not exceeding eight hun-
dred and seventy dollars ..... 870 DO

Water Supply and Disposal of Sewage:

585 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 twenty-two thou-
sand three hundred and fifty dollars . . . 122,350 00

586 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-seven thousand eight
hundred dollars 27,800 00

Total $714,200 00

Division of Tuberculosis:

687 For personal services of the director, stenographers,
clerks and other assistants, a sum not exceeding
thirty-seven thousand two hundred dollars . . $37,200 00

588 For services other than personal, including printing
the annual report, traveUng expenses and office
suppUes and equipment, a sum not exceeding
forty-eight hundred and fifty dollars . . . 4,850 00

334 Acts, 1936. — Chap. 304.

Item

589 To cover the payment of certain subsidies for the

maintenance of hospitals for tubercular patients,
a sum not exceeding four hundred sixty-two thou-
sand dollars $462,000 00

590 For personal services for certain children's clinics for

tuberculosis, a sum not exceeding thirty-four

thousand and fifty dollars . . . . 34,050 00

591 For other services for certain children's clinics for

tuberculosis, a sum not exceeding thirteen thou-
sand one hundred dollars ..... 13,100 00

Total $551,200 00

For the maintenance of and for certain improve-
ments at the sanatoria, as follows:

592 Lakeville state sanatorium, a sum not exceeding

three hundred twenty-five thousand and seventy

dollars $325,070 00

593 For additional fire protection and sprinklers at the

Lakeville state sanatorium, a sum not exceeding
twenty-five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 2,500 00

594 For improvements in the water supply system at the

Lakeville state sanatorium, a sum not exceeding

twenty-two hundred dollars .... 2,200 00

595 For construction of an addition to the occupational

therapy shop and the installation of equipment
therefor at the Lakeville state sanatorium, a sura
not exceeding forty-nine hundred dollars . . 4,900 00

596 North Reading state sanatorium, a sum not exceed-

ing two hundred seventy-one thousand five hun-
dred dollars . . . . . . . 271,500 00

597 For additional fire protection and sprinklers at the

North Reading state sanatorium, a sum not ex-
ceeding twenty-five hundred dollars, the same to
be in addition to anj'^ amount heretofore appro-
priated for the purpose ..... 2,500 00

598 For construction of an addition to the storehouse at

the North Reading state sanatorium, a sum not

exceeding ten thousand five hundred dollars . 10,500 00

599 For enlargement of the employees' dining room at

the North Reading state sanatorium, a sum not

exceeding two thousand dollars .... 2,000 00

600 Rutland state sanatorium, a sum not exceeding three

hundred fifty-three thousand one hundred and

fifty dollars 353,150 00

601 For the installation of hydrants and connections at

the Rutland state sanatorium, a sum not exceed-
ing four hundred and fifty dollars . . . 450 00

602 Westfield state sanatorium, a sum not exceeding two

hundred eighty thousand nine hundred and eighty

dollars 280,980 00

603 For improvements in the water supply sj'^stem at the

Westfield state sanatorium, a sum not exceeding
twelve thousand five hundred dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... 12,500 00

604 For additional fire protection and sprinklers at the

Westfield state sanatorium, a sum not exceeding
nineteen hundred and ninety-four dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 1,994 00

Acts, 1936. — Chap. 304. 335

Item

605 For enlargement of the sewage disposal system at
the Westfield state sanatorium, a sum not ex-
ceeding seventy-four hundred dollars . . $7,400 00

Total $1,277,644 00

Pondville Cancer Hospital :

606 For maintenance of the Pondville cancer hospital,

including care of radium, a sum not exceeding
three hundred forty-two thousand three hundred

and fifty dollars $342,350 00

606a For renovation of the old service building, including
furnishings and equipment, a sum not exceeding
thirty-five hundred dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 3,500 00

607 For improvements in the water supply system, a

sum not exceeding five hundred dollars . . 500 00

608 For improvements in the sewage disposal system,

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

Total $347,350 00

Service of the Department of Public Safety.

Administration :

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

ceeding six thousand dollars .... $6,000 00

610 For personal services of clerks and stenographers, a

sum not exceeding ninety-one thousand one hun-
dred dollars 91,100 00

611 For contingent expenses, including printing the an-

nual report, rent of district offices, supplies and
equipment, and all other things necessary for the
investigation of fires and motion picture licenses,
as required by law, and for expenses of adminis-
tering the law regulating the sale and resale of
tickets to theatres and other places of public
amusement by the department of public safety, a
sum not exceeding seventy-two thousand four
hundred dollars 72,400 00

Division of State Police:

612 For the salaries of officers, including detectives, a sum

not exceeding four hundred ninety-six thousand
five hundred sixty-five dollars, of which sum not
more than two hundred thousand dollars may be
charged to the Highway Fund .... 496,565 00

613 For personal services of civilian employees, a sum

not exceeding one hundred thirteen thousand

doUars 113,000 00

614 For other necessary expenses of the uniformed divi-

sion, including travehng expenses of detectives,
a sum not exceeding four hundred four thousand
dollars, of which sum not more than one hundred
fifty thousand dollars may be charged to the
Highway Fund 404,000 00

615 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 thirteen thou-
sand one hundred dollars ..... 13,100 00

Division of Inspection:

616 For the salary of the chief of inspections, a sum not

exceeding four thousand dollars . . . 4,000 00

336 Acts, 1936. — Chap. 304.

Item

617 For the salaries of officers for the building inspec-

tion service, a sum not exceeding fifty-three thou-
sand four hundred and sixty dollars . . . $53,460 00

618 For traveling expenses of officers for the buUding

inspection service, a sum not exceeding eleven

thousand five hundred dollars .... 11,500 00

619 For the salaries of officers for the boiler inspection

service, a sum not exceeding sixty-seven thou-
sand four hundred and forty dollars . . . 67,440 00

620 For traveling expenses of officers for the boiler in-

spection service, a sum not exceeding thirteen

thousand five hundred dollars .... 13,500 00

621 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:

622 For personal services of members of the board, a

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

623 For services other than personal and the necessary

traveling expenses of the board, office supplies
and equipment, a sum not exceeding five hundred
dollars 500 00

Total $1,348,465 00

Fire Prevention Service:

624 For the salary of the state fire marshal, a sum not

exceeding four thousand dollars . . . $4,000 00

625 For personal services of fire inspectors, a sum not

exceeding forty-four thousand seven hundred

dollars 44,700 00

626 For traveling expenses of fire inspectors, a sum not

exceeding twelve thousand seven hundred dollars 12,700 00

627 For other services, office rent and necessary office

supplies and equipment, a sum not exceeding

forty-five hundred dollars .... 4,500 00

628 For personal services and expenses for the inspec-

tion of transportation of inflammable fluids, a

sum not exceeding forty-six hundred dollars . 4,600 00

Total $70,500 00

State Boxing Commission:

629 For compensation and clerical assistance for the

state boxing commission, a sum not exceeding

ten thousand five hundred and thirty dollars . $10,530 00

630 For other expenses of the commission, a sum not

exceeding sixty-five hundred dollars . . . 6,500 00

Total $17,030 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:

631 For the salaries of the commissioner and the asso-

ciate commissioners, a sum not exceeding nineteen

thousand five hundred dollars .... $19,500 00

632 For personal services of clerks and assistants to the

commissioner, a sum not exceeding ninety-seven

hundred and eighty dollars .... 9,780 00

Acts, 1936. — Chap. 304. 337

Item

633 For traveling expenses of the commissioners, a sum

not exceeding two thousand dollars . . . $2,000 00

634 For telephone service in the public works building,

a sum not exceeding twenty-four thousand three

hundred and twenty dollars .... 24,320 00

Total $55,600 00

Functions of the department relating to highways
(the following appropriations, except as other-
wise provided, are made from the Highway
Fund) :

635 For the maintenance and operation of the pubhc

works building, a sum not exceeding one hundred
thirty-eight thousand two hundred and eighty
doUars $138,280 00

636 For the salaries of guards for the public works build-

ing, a sum not exceeding twenty-one thousand

and thirty-eight dollars 21,038 00

637 For personal services of the chief engineer, engineers

and office assistants, including certain clerks and
stenographers, a sum not exceeding ninety-one
thousand one hundred and forty dollars . . 91,140 00

638 For services other than personal, including printing

pamphlet of laws and the annual report, and neces-
sary office supplies and equipment, a sum not ex-
ceeding fifteen thousand doUars . . . 15,000 00

639 For the suppression of gypsy and brown tail moths

on state highways, a sum not exceeding thirteen

thousand five hundred dollars .... 13,500 00

640 For the construction and repair of town and county

ways, a sum not exceeding two million five hun-
dred thousand doUars 2,500,000 00

641 For aiding towns in the repair and improvement of

Eublic ways, a sum not exceeding one million four
undred fifty thousand dollars .... 1,450,000 00

642 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,
a sum not exceeding four million six hundred
thousand dollars 4,600,000 00

643 For the purpose of enabling the department of pub-

lic works to secure federal aid for the construction
and reconstruction of highways, including bridges,
a sum not exceeding two million eight hundred
thousand dollars 2,800,000 00

644 For administering the law relative to advertising

signs near highways, a sum not exceeding twenty
thousand dollars, to be paid from the General
Fund 20,000 00

645 For expenses of a topographical survey and map of

the commonwealth, in addition to funds received
from federal appropriations or private subscrip-
tions, a sum not exceeding fifty thousand dollars 50,000 00

Registration of Motor Vehicles:

646 For personal services, a sum not exceeding one

million five thousand five hundred and forty
dollars, of which sum fifteen thousand dollars
may be charged to the General Fund, and the
remainder shall be paid from the Highway Fund 1,005,540 00

338 Acts, 1936. — Chap. 304.

Item

647 For services other than personal, including travel-

ing expenses, purchase of necessary supplies and
materials, including cartage and storage of the
same, and for work incidental to the registration
and licensing of owners and operators of motor
vehicles, a sum not exceeding four hundred
seventy thousand dollars, to be paid from the
Highway Fund $470,000 00

648 For printing and other expenses necessary in con-

nection with publicity for certain safety work, a
sum not exceeding one thousand dollars, to be
paid from the Highway Fund .... 1,000 00

Service of the Committee for Aeronautics:

649 For services other than personal, traveling expenses,

office rent, publishing of report, office supplies
and equipment, a sum not exceeding five thou-
sand doUars 5,000 00

Total $13,180,498 00

Functions of the department relating to water-
ways and public lands:

650 For personal services of the chief engineer and as-

sistants, a sum not exceeding fifty-seven thousand

four hundred and thirty dollars . . . $57,430 00

651 For services other than personal, including printing

pamphlet of laws and the annual report, and for
necessary office and engineering supphes and
equipment, a sum not exceeding sixteen hundred
dollars 1,600 00

652 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

653 For the maintenance of structiu-es, and for repairing

damages along the coast fine 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

654 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 expended
in the succeeding fiscal year for the same pur-
poses; 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
organizations and individuals, and that in the case
of dredging channels for harbor improvements at
least twenty-five per cent of the cost shall be so
covered 100,000 00

655 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

Acts, 1936. — Chap. 304. 339

Item

656 For expenses of survejing certain town boundaries,

by the department of public works, a sum not

exceeding five hundred dollars .... $500 00

657 For the operation and maintenance of the New

Bedford state pier, a sum not exceeding twelve

thousand dollars 12,000 00

658 For the compensation of dumping inspectors, a sum

not exceeding two thousand dollars . . . 2,000 00

659 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

660 For the maintenance and repair of certain property

in the town of Plymouth, a sum not exceeding

four thousand dollars ..... 4,000 00

661 For the operation and maintenance of the Cape Cod

Canal pier, a sum not exceeding forty-five hun-
dred dollars 4,500 00

662 (This item omitted.)

662a For the construction of a channel from Nantucket
Sound to Sengekontacket Pond in the town of
Oak Bluffs, and for certain other improvements,
as authorized by chapter three hundred and sev-
enty-four of the acts of nineteen hundred and
thirty-five, a sum not exceeding twelve thousand
five hundred dollars 12,500 00

Total $228,030 00

Functions of the department relating to Port of
Boston (the following items are to be paid from
the Port of Boston receipts):

663 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

664 For the supervision and operation of commonwealth

pier five, including the salaries or other compen-
sation of employees, and for the repair and re-
placement of equipment and other property, a
sum not exceeding one hundred twenty-three
thousand dollars 123,000 00

665 For the maintenance of pier one, at East Boston, a

sum not exceeding four thousand dollars . . 4,000 00

666 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
one hundred ten thousand dollars , . . 110,000 00

667 For dredging channels and filHng 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

668 (This item omitted.)

669 (This item omitted.)

Total $337,000 00

Service of the Department of Public Utilities.

670 For personal services of the commissioners, a sum

not exceeding thirty-six thousand dollars . . $36,000 00

671 For personal services of secretaries, employees of

the accounting department, engineering depart-
ment and rate and tariff department, a sum not
exceeding thirty-four thousand five hundred dol-
lars 34,500 00

340 Acts, 1936. — Chap. 304.

Item

672 For personal services of the inspection department,

a sum not exceeding forty-five thousand four

himdred and twenty dollars .... $45,420 00

673 For personal services of clerks, messengers and

office assistants, a sum not exceeding thirteen

thousand eight hundred and sixty dollars . . 13,860 00

674 For personal services of the telephone and tele-

graph division, a sum not exceeding sixteen thou-
sand six hundred and eighty dollars . . . 16,680 00

675 For stenographic reports of hearings, a sum not

exceeding two thousand dollars . . . 2,000 00

676 For traveling expenses of the commissioners and

employees, a sum not exceeding twenty-three

hundred and fifty dollars 2,350 00

677 For services other than personal, printing the an-

nual report, office supplies and equipment, a sxmi

not exceeding ten thousand five hundred dollars . 10,500 00

678 For stenographic reports of evidence at inquests

held in cases of death by accident on or about
railroads, a sum not exceeding one thousand dol-
lars 1,000 00

Total $162,310 00

Commercial Motor Vehicle Division:

679 For personal services of the director and assistants,

a sum not exceeding thirty-nine thousand nine

hundred and eighty dollars .... $39,980 00

680 For other services, necessary office supplies and

equipment, and for rent, a sum not exceeding ten

thousand dollars 10,000 00

Total $49,980 00

Supervision of Gas and Electric Light Com-
panies :

681 For personal services of the division of inspection

of gas and gas meters, a sum not exceeding eight-
een thousand seven hundred dollars . . . $18,700 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 ten thousand
four hundred dollars 10,400 00

684 For the examination and tests of electric meters, a

sum not exceeding two hundred dollars . . 200 00

Total $32,700 00

Special Investigations :

685 For personal services and expenses of special in-

vestigations, including legal assistants as needed,

a sum not exceeding seven thousand dollars . $7,000 00

Smoke Inspection Service:

The following items are to be assessed upon
the cities and towns comprising the district
defined by chapter six hundred and fifty-one
of the acts of nineteen hundred and ten, and
acts in amendment thereof or in addition
thereto :

686 For personal services, a sum not exceeding thirty

thousand dollars $30,000 00

Acts, 1936. — Chap. 304. 341

Item

687 For other services, printing the annual report, rent
of offices, travel, and necessary office supplies and
equipment, a sum not exceeding thirty-five hun-
dred dollars $3,500 GO

Total $33,500 00

Sale of Securities:

688 For personal services in administering the law rela-

tive to the sale of securities, a sum not exceeding
thirty-six thousand five hundred and eighty dol-
lars $36,580 00

689 For expenses other than personal in administering

the law relative to the sale of securities, a sum

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

Total $46,580 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 six hundred and twenty-
five dollars $11,625 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 six hundred seventy-one thousand

two hundred and eleven dollars . 671,211 00

692 For resurfacing of boulevards and parkways, a sum

not exceeding two hundred seventy-five thousand

doUars 275,000 00

693 For the cost of certain gfading and landscaping, a

sum not exceeding twenty-five thousand dollars . 25,000 00

694 For expense of supplies and services necessary for

procuring Works Progress Administration funds,

a sum not exceeding thirteen thousand dollars . 13,000 00

695 For maintenance of Wellington bridge, a sum not

exceeding thirty-one hundred and thirty-eight

dollars 3,138 00

Total $998,974 00

Unclassified Accounts and Claims.

696 For the compensation of veterans of the civil war

formerly in the service of the commonwealth, now

retired, a sum not exceeding four thousand dollars $4,000 00

697 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 chap-
ter thirty-two of the General Laws, as appearing
in the Tercentenary Edition thereof, a sum not
exceeding sixty thousand dollars . . . 60,000 00

698 For the compensation of certain prison officers and

instructors formerly in the service of the com-
monwealth, now retired, a sum not exceeding
seventy thousand dollars ..... 70,000 00

699 For the compensation of state poUce officers for-

merly in the service of the commonwealth, and now

retired, a sum not exceeding ten thousand dollars 10,000 00

342 Acts, 1936. — Chap. 304.

Item

700 For the compensation of certain women formerly

employed in cleaning the state house, and now
retired, a sum not exceeding three hundred dol-
lars $300 00

Total $144,300 00

For certain other aid :

701 For the compensation of certain public employees

for injuries sustained in the course of their em-
ployment, for present and previous years, as pro-
vided by section sixty-nine of chapter one hun-
dred and fifty-two of the General Laws, as most
recently amended by section seven of chapter
three hundred and eighteen of the acts of nine-
teen hundred and thirty-three, a sum not exceed-
ing seventy-five thousand dollars, of which sum
not more than thirty thousand dollars may be
charged to the Highway Fund .... $75,000 00

702 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 five
thousand ninety-eight dollars and ninety-five
cents 5,098 95

Total $80,098 95

703 For reimbursing officials for premiums paid for pro-

curing sureties on their bonds, as provided by
existing laws, a sum not exceeding three hundred
and fifty dollars $350 00

704 For payment of any claims, as authorized by sec-

tion eighty-nine of chapter thirty-two of the
General Laws, as amended, 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 seventy-two hundred and sixty dollars . . 7,260 00

705 For small items of expenditure for which no ap-

propriations have been made, and for cases in
which appropriations have been exhausted or
have reverted to the treasury in previous years,
a sum not exceeding one thousand dollars . . 1,000 00

706 For reimbursement of persons for funds previously

deposited in the treasury of the commonwealth
and escheated to the commonwealth, a sum not
exceeding five thousand dollars .... 5,000 00

Total $13,610 00

Deficiencies.

For deficiencies in certain appropriations of pre-
vious years, in certain items, as follows:

Service of the Militia.

For compensation for accidents and injuries sus-
tained in the performance of military duty, the
sum of five hundred thirty-seven dollars and
twenty-two cents ...... $537 22

For expenses of the national guard convention and
for expenses not otherwise provided for in con-
nection with military matters and accounts, the
sum of two hundred ninety-five dollars and fifty-
eight cents ....... 295 58

Item

Acts, 1936. — Chap. 304. 343

Service of the State Quartermaster.

For the maintenance of armories of the first class,
including the purchase of certain furniture, the
sum of sixteen hundred ninety-four dollars and
thirty-seven cents ...... $1,694 37

For maintenance, other than personal services, of
the commonwealth depot and motor repair park,
the sum of ninety-one dollars and eighteen cents . 91 18

Maintenance of the Mount Greylock War Memorial.

For expenses of maintenance of the Mount Greylock
war memorial, as authorized by section forty-seven
of chapter six of the General Laws, inserted by
section two of chapter three hundred and thirty-
six of the acts of nineteen hundred and thirty-
three, the sum of sixty-six dollars and ninety
cents 66 90

Service of the Secretary of the Commonwealth.

For printing laws, etc.:
For printing and distribution of the pamphlet edi-
tion of the acts and resolves of the present year,
the sum of nineteen hundred sixty-one dollars and
seventy-one cents . . . . . . 1,961 71

Service of the Attorney General's Department.

For services other than personal, traveling expenses,
office supplies and equipment, the sum of four
hundred sixty-six dollars and fifty-nine cents . 466 59

Service of the Department of Education.

For assisting small towns in providing themselves
with school superintendents, as provided by law,
the sum of forty-two hundred ninety-two dollars
and forty-nine cents ..... 4,292 49

For the reimbursement of certain towns for the pay-
ment of tuition of pupils attending liigh schools
outside the towns in which they reside, as pro-
vided by law, the sum of thirteen hundred forty-
five dollars and eleven cents .... 1,345 11

For the reimbursement of certain towns for the
transportation of pupils attending high schools
outside the towns in wliich they reside, as pro-
vided by law, the sum of seventy-three hundred
twenty-eight dollars and two cents . . . 7,328 02

For the education of deaf and bhnd pupils of the
commonwealth, as provided by section twenty-
six of chapter sixty-nine of the General Laws, as
amended, the sum of ten thousand eighty-five
dollars and seventeen cents .... 10,085 17

Division of the BUnd:

For general administration, furnishing information,
industrial and educational aid, and for carrying
out certain pro\asions of the laws establishing
said division, the sum of two hundred thirty-three
dollars and twelve cents ..... 233 12

For maintenance of Woolson House industries, so
called, to be expended under the authority of said
division, the sum of eighty-seven dollars and
sixty-five cents ...... 87 65

344 Acts, 1936. — Chap. 304.

Item

Massachusetts Nautical School:
For personal services of the secretary and office as-
sistants, the sum of sixty-nine dollars . . . $69 00
For the maintenance of the school and ship, the sum
of fifteen hundred eighty-nine dollars and nine-
teen cents ....... 1,589 19

Textile Schools:
For the cost of instaUing certain edgestones at the
Lowell textile institute, the sum of one hundred
three dollars and eighty-three cents . . . 103 83

Service of the Department of Civil Service and Registration.

Board of Registration in Medicine :
For travehng expenses, the sum of one hundred
twenty-nine dollars and thirteen cents . . 129 13

Service of the Department of Industrial Accidents.

For travehng expenses, the sum of one hundred nine

dollars and fifty-five cents .... 109 55

For other services, printing the annual report, neces-
sary office supplies and equipment, the sum of
ninety-six dollars and sixty-two cents . . 96 62

Service of the Department of Correction.

For travehng expenses of officers and employees of
the department, when required to travel in the
discharge of their duties, the sum of four hundred
six dollars and thirty cents .... 406 30

Service of the Department of Public Welfare.

State Board of Housing:
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, as amended, the sum of two hundred forty-
nine dollars and thirty-four cents . . . 249 34

Division of Child Guardianship:
For services other than personal, office supplies and
equipment, the sum of one hundred eighty-six
dollars and ninety-eight cents .... 186 98

Service of the Department of Public Safety.

Fire Prevention Service:
For traveling expenses of fire inspectors, the sum of
three hundred eighty dollars and forty-one cents 380 41

Service of the Department of Public Works.

For the maintenance and operation of the public
works building, the sum of thirty-five hundred
and nine dollars and nineteen cents, to be paid
from the Highway Fund 3,509 19

Registration of Motor Vehicles:
For services other than personal, including travel-
ing expenses, purchase of necessary supplies and
materials, including cartage and storage of the
same, and for work incidental to the registration
and licensing of owners and operators of motor
vehicles, the sum of nine hundred sixty-seven
dollars and thirty cents, to be paid from the
Highway Fund 967 30

Acts, 1936. — Chap. 304. 345

Item

Functions of the department relating to water-
ways and public lands:
For the maintenance and repair of certain property
in the town of Plymouth, the sum of three hun-
dred forty-two dollars and ninety-eight cents . $342 98

Miscellaneous.

For resurfacing of boulevards and parkways, the
sum of one hundred dollars, to be paid from the
Highway Fund, with the approval of the metro-
politan district commission .... 100 00

Total $36,724 93

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
commission :

708 For maintenance of the Charles River basin, a sum

not exceeding two hundred fifty thousand four

hundred and ninety dollars .... $250,490 00

709 For maintenance of park reservations, a sum not

exceeding one million eighty-three thousand three
hundred and eighteen dollars, including retire-
ment of soldiers under the provisions of the Gen-
eral Laws 1,083,318 00

710 For the expense of holding band concerts, a sum not

exceeding twenty thousand dollars . . . 20,000 00

711 For expense of supplies and services necessary for

procuring Works Progress Administration funds,
a sum not exceeding twenty thousand dollars, to
be assessed as part of the cost of maintenance of
parks reservations ...... 20,000 00

712 For repairs to the Lynn sea wall, a sum not exceed-

ing ten thousand dollars, to be assessed as part

of the cost of maintenance of parks reservations . 10,000 00

713 For services and expenses of the division of metro-

politan planning, a sum not exceeding nineteen

thousand dollars 19,000 00

714 For maintenance of the Nantasket Beach reserva-

tion, a sum not exceeding ninety-five thousand

two hundred and twenty-five dollars . . . 95,225 00

715 For maintenance of Wellington bridge, a sum not

exceeding ninety-four hundred and fourteen dol-
lars, 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-five ..... 9,414 00

716 For the maintenance and operation of a system of

sewage disposal for the north metropolitan sew-
erage district, a sum not exceeding three hundred
eighty-four thousand nine hundred and fifty-five
dollars, including retirement of soldiers under the
provisions of the General Laws . . . 384,955 00

717 For the maintenance and operation of a system of

sewage disposal for the south metropolitan sew-
erage district, a sum not exceeding two hundred
eighty-eight thousand five hundred and eighty-
two dollars, including retirement of soldiers un-
der the provisions of the General Laws . 288,582 00

346 Acts, 1936. — Chap. 304.

Item

718 For the maintenance and operation of the metro-

politan water system, a sum not exceeding nine
hundred forty-two thousand nine hundred and
seventy-six dollars, including retirement of sol-
diers under the provisions of the General Laws . $942,976 00

719 For the purchase of property for protection of the

water supply, a sum not exceeding ten thousand
dollars, to be assessed as a part of the cost of the
metropolitan water maintenance . . . 10,000 00

720 (This item omitted.)

721 For the construction of additions and improve-

ments to certain supply and distribution mains,
as a part of the cost of maintenance of the met-
ropolitan water system, a sum not exceeding
three hundred thousand dollars, the same to be
in addition to any unexpended balance of an ap-
propriation made for the purpose in the previous
year 300,000 00

722 For the construction of a fish way at Quinapoxet

Dam, a sum not exceeding four thousand dollars,
to be assessed as a part of the cost of the metro-
politan water maintenance .... 4,000 00

Total $3,437,960 00

General and Highway Funds . . . $67,689,479 76

Metropolitan District Commission . , . 3,457,960 00

Section 3. To provide for increases in the salaries and
compensation of certain state officers and employees to be
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 three hundred and fifty
thousand dollars, of which sum not more than fifty-five
thousand dollars shall be taken from the Highway Fund,
not more than twenty thousand dollars from funds of the
metropolitan district commission, and the balance from the
General Fund, the same to be in addition to any appropria-
tions 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
salaries 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
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.

Acts, 1936. — Chap. 305. 347

Section 4. No expenditures in excess of appropriations
provided for under this act shall be incurred by any de-
partment 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-seven, 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 in-
curred under authority of any special appropriation made
by this act for construction of public buildings or other
improvements at state institutions until plans and specifi-
cations have been approved by the governor, unless other-
wise provided by such rules and regulations as the governor
may make.

Section 7. No expenses incurred for mid-day meals bj^
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.

Section 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 imme-
diately following the passage of this act.

Section 9. This act shall take effect upon its passage.

{The foregoing was laid before the governor on the tiventy-
sixth day of May, 1936, and teas approved by him on June 2,
1936, except Item 101 in part, and five days after said May
twenty-sixth said Item 101 in part had "the force of a law",
as prescribed by the constitution, as it ivas not returned by him
with his objections thereto within that time.)

Chap. S05

An Act authorizing additional methods of making
public records and relative to the powers and
duties of recording officers in relation thereto.

Be it enacted, etc., as follows:

Chapter sixty-six of the General Laws is hereby amended g. l. (Ter
by striking out section three, as appearing in the Tercente- amended.
nary Edition, and inserting in place thereof the following: —
Section 3. The word "record" in this chapter shall mean "Record"
any written or printed book, paper, photograph, map or ^ ^^ ■
plan. All public records other than maps and plans shall
be entered or recorded on paper made of linen rags and new
cotton clippings, well sized with animal sizing and well
finished, and preference shall be given to paper of American
manufacture marked in water line with the name of the

348

Acts, 1936. — Chap. 306.

Record made
by photo-
graphic
process, when
authorized.

manufacturer. Public records may be made by handwrit-
ing, or in print, or by typewriting, or by the photographic
process, or by any combination of the same. When the
photographic process of making records is used, the record-
ing officer, in all instances where the photographic print is
illegible or indistinct, may make, in addition to said photo-
graphic record, a typewritten copy of the instrument, which
copy shall be filed in a book kept for the purpose. In every
such instance, the recording officer shall cause cross refer-
ences to be made between said photographic record and said
typewritten record. If in the judgment of the recording
officer an instrument offered for record is so illegible that a
photographic record thereof would not be sufficiently legi-
ble, he may, in addition to making the record thereof, re-
tain the original in his custody, and a photographic copy
thereof shall be given to the person offering the same for
record, or to such person as he may designate.

Subject to the provisions of sections one and nine, a re-
cording officer adopting a system which includes the photo-
graphic process shall thereafter cause all records made by
said process to be inspected at least once in every three
years, correct any fading or otherwise faulty records and
make report of such inspection and correction to the super-
visor of records. Approved June 2, 1936.

C hap. SOQ ^N ■^^'^ RELATIVE TO REPRESENTATIVE TOWN GOVERNMENT
BY LIMITED TOWN MEETINGS IN THE TOWN OF MILTON.

Be it enacted, etc., as follows:

Section 1. Chapter twenty-seven of the acts of nine-
teen hundred and twenty-seven is hereby amended by strik-
ing out section one and inserting in place thereof the follow-
ing : — Section 1 . The registered voters of each precinct in
the town of Milton, at the annual town election to be held
in the year nineteen hundred and thirty-seven, and the
registered voters of any precinct affected by any revision
of precincts, at the first annual town election following such
revision, shall elect by ballot and conformably to the laws
relative to elections not inconsistent with this act from
residents of the precinct town meeting members, to the
largest number which is divisible by three and which will
make the elected representation of such precinct bear
approximately the same proportion to the total elected
representation of the town as the number of registered
voters in such precinct bears to the total number of regis-
tered voters in the town, and which will cause the total
elected membership to be as nearly two hundred and sev-
enty-nine as may be, and not in excess thereof. The first
third in the order of votes received of members so elected
shall serve until the third succeeding annual election, the
second third in such order shall serve until the second suc-
ceeding annual election, and the remaining third in such

Acts, 1936. — Chap. 306. 349

order shall serve until the first succeeding annual election.
After the annual town election in the year nineteen hun-
dred and thirty-seven, except as herein provided, at each
annual town election the registered voters of each precinct
shall, in like manner, elect as town meeting members for
the term of three years, such number of elected town
meeting members as are necessary to provide for such pre-
cinct the total number of elected town meeting members to
which it is then entitled, and shall, at such election, fill for
the unexpired term or terms any vacancies then existing in
the number of town meeting members in such precinct. In
case of any revision of a precinct or precincts, the terms of
office of all elected town meeting members from each pre-
cinct affected by such revision, shall cease upon the qualifi-
cation of their successors elected as hereinbefore provided.
The number of precincts in said town shall be not less than
four.

In the case of a tie vote which affects the election of
town meeting members in any precinct otherwise than as
to term of office, the members elected from such precinct
at the same election other than those whose election is so
affected, shall, by a majority vote, determine which of the
voters receiving such tie vote shall serve as town meeting
members from such precinct, and in case of a tie vote affect-
ing the term of office of members elected, the members
elected from such precinct at the same election other than
those whose terms of office are affected by such tie vote
shall, by a majority vote, determine which member receiv-
ing such tie vote shall serve for the longer and which for the
shorter term.

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

The number of elected town meeting members to which
each precinct is entitled for the ensuing municipal year
shall be determined by the town clerk on or before January
fifteenth of each year and shall bear approximately the
same proportion to the total number of elected town meet-
ing members of the town as the number of registered voters
in such precinct bears to the total number of registered
voters in the town on January first of that year.

Section 2. This act shall take effect for the purposes of
the annual election in the town of Milton to be held in the
year nineteen hundred and thirty-seven, at which election
all elected town meeting members provided for under sec-
tion one shall be elected, and upon their qualification the
terms of office of all elected town meeting members then in
office shall cease, and for all other purposes this act shall
take effect upon the date of such election.

Approved June 2, 1936.

350

Acts, 1936. — Chaps. 307, 308.

Chap. 307 An Act providing that the executive secretary of

THE STATE PLANNING BOARD MAY BE A MEMBER OF SAID
BOARD.

G. L. (Ter.
Ed.), 6, § 49,
etc., amended.

State plan-
ning board.

Members,
term, appoint-
ment.

Be it enacted, etc., as follows:

Section forty-nine of chapter six of the General Laws,
added by section two of chapter four hundred and seventy-
five of the acts of nineteen hundred and thirty-five, is
hereby amended by inserting after the word "secretary" in
the twenty-fourth Une the words : — , who may be a mem-
ber of the board, — so as to read as follows: — Section 4^.
There shall be a state planning board of nine members,
in this and the two following sections called the board,
consisting of the commissioner of public works, or a repre-
sentative designated by him from the personnel of his
department, the commissioner of public health, or a repre-
sentative designated by him from the personnel of his de-
partment, the commissioner of conservation, or a repre-
sentative designated by him from the personnel of his
department, and six members appointed by the governor,
with the advice and consent of the council, who shall be
designated in their initial appointments to serve respec-
tively for one, two, three, four, five and six years, and one
of whom shall be designated by the governor as chairman.
Any designation of his representative by a commissioner as
aforesaid shall be made by a writing filed in his office, and
shall be effective for such period as he may prescribe therein,
and may at any time be revoked by him. The members
and employees of the board shall receive their traveling and
other necessary expenses incurred in the performance of
their duties. Upon the expiration of the term of office of
an appointive member, his successor shall be appointed in
the manner aforesaid to serve for six years. The board
may employ an executive secretary, who may be a member
of the board, and a chief engineer and may appoint such
assistants and temporary technical advisers as the work of
the board may require. Such temporary technical advisers
shall not be subject to chapter thirty-one and may be re-
moved by the board at any time.

Approved June 2, 1936.

Chap. SOS An Act relative to purchase of bonds of the boston

ELEVATED RAILWAY COMPANY BY THE BOSTON METRO-
POLITAN DISTRICT.

Be it enacted, etc., as follows:

Section 1. The trustees of the Boston metropolitan dis-
trict, hereinafter called the district, in the name and on
behalf of the district, may from time to time, prior to April
first, nineteen hundred and thirty-seven, if they deem it in
the interest of the district so to do, at the request of the
board of trustees of the Boston Elevated Railway Com-

Acts, 1936. — Chap. 308. 351

pany, purchase bonds of the Boston Elevated Railway
Company, hereinafter called the company, hereafter issued
or reissued under the authority of section eighteen of chap-
ter three hundred and thirty-three of the acts of nineteen
hundred and thirty-one, or for the purposes of paying or
refunding any bonds, coupon notes or other evidences of
indebtedness of the company payable at periods of more
than one year from the date thereof, to an amount not
exceeding two million and ninety-eight thousand dollars, in
addition to such purchases heretofore authorized.

The company subject to the approval of the department
of public utilities is authorized to issue bonds for said pur-
poses to the amount necessary therefor and all of the pro-
visions of said section eighteen shall apply thereto, so far as
possible. The trustees of the district shall procure the funds
necessary for each purchase authorized by this section by
the issue of bonds of the district under and in the manner
provided in section ten of chapter three hundred and eighty-
three of the acts of nineteen hundred and twenty-nine and
section tv/o of chapter one hundred and forty-seven of the
acts of nineteen hundred and thirty-two, and the provisions
of said sections shall apply thereto in the same manner and
to the same extent as if such bonds of the district were
specifically authorized in said chapter three hundred and
eighty-three; provided, that any bonds of the district
issued under authority of this act shall be for such terms
not less than fifteen years, except as hereinafter provided,
and not exceeding twenty-five years from the date thereof,
and shall bear interest payable semi-annually at such rates,
as said trustees of the district, subject to the approval of
the department of public utilities, shall from time to time
determine. Said bonds of the district may be issued on
either the sinking fund or serial payment plan, and, if
issued on the serial pajmient plan, such portions of each issue
of said bonds as the trustees of the district, subject to like
approval, may determine lasiy be for terms of less than
fifteen years, and the trustees of the district shall endeavor
so to arrange the maturities of all bonds issued on the serial
payment plan that the bonds maturing each year other than
the final year will be met by the amounts available from
interest upon the bonds purchased. All amounts received
by the district from said interest shall be applied in pay-
ment of interest and principal of the bonds of the district
issued hereunder as and when due, and any balance shall
be accumulated in a sinking fund to be used for such pur-
pose, as and when required. All amounts received by the
district in payment of each such bond issue of the company
shall be applied in payment of bonds of the district issued
hereunder to provide funds for the purchase of such bond
issue and the balance shall be accumulated in a general sink-
ing fund for any bonds of the district then outstanding.
Said sinking funds shall be invested as provided in section
eleven of said chapter three hundred and eighty-three.

352 Acts, 1936. — Chaps. 309, 310.

Section 2. Each bond issue of the company so purchased
shall be for the same term as the term of the last maturing
bonds of the district issued to provide funds for the pur-
chase of such bond issue of the company, and shall bear
interest payable semi-annually at a rate two per cent higher
than the rate payable upon said bonds of the district. In
the event that said bonds of the district are sold at a pre-
mium above or a discount below par, the bond issue of the
company purchased with the proceeds thereof shall be pur-
chased by the district at the same premium above or
discount below par. Said bonds of the company, both as
to income and principal, are hereby made exempt from all
taxes levied under authority of the commonwealth while
held by the district and shall contain a recital to such effect.
Said bonds of the company shall not be disposed of by the
district without authority of the general court. The pro-
ceeds of said bonds of the company shall be used by it only
for the purposes hereinbefore set forth.

Section 3. The company shall reimburse the district, at
the request of the trustees thereof, for all expenses incidental
to the authorization, preparation, issue, registration and pay-
ment of interest and principal of the aforesaid bonds of the
district. Approved June 2, 1936.

Chap. S09 An Act enabling the emergency public works commis-
sion TO MAKE CERTAIN EXPENDITURES INDEPENDENTLY OF
AGREEMENTS WITH FEDERAL AUTHORITIES.

Be it enacted, etc., as follows:

Chapter three hundred and eighty of the acts of nineteen
hundred and thirty-five is hereby amended by adding at
the end the following new section : — Section 3. Within
the aforesaid limits, expenditures for preliminary expenses,
equipment and engineering fees in connection with any
project undertaken under chapter three hundred and sixty-
five of the acts of nineteen hundred and thirty-three or said
chapter as from time to time amended may be made inde-
pendently of any agreement with federal authorities.

Approved June 2, 1936.

Chap.^10 An Act providing that individuals under certain cir-
cumstances SHALL BE PRESUMED TO BE INHABITANTS OF
THE COMMONWEALTH FOR INCOME TAX PURPOSES.

Be it enacted, etc., as follows:

G. L. (Ter. Chapter sixtj'^-two of the General Laws is hereby amended

section^iiX"^ by inserting after section twenty-one, as appearing in the
added. Tercentenary Edition, the following new section, under

foTnh^bUanc^^ ^^^ ^^^^^ PRESUMPTION AS TO INHABITANCY: Scction 21 A.

' For the purposes of this chapter, an individual who spends
in the aggregate more than six months of the calendar year

Acts, 1936. — Chaps. 311, 312. 353

within the commonwealth and maintains a place of abode
therein shall prima facie be deemed to be an inhabitant
thereof. Approved June 2, 1936.

An Act increasing the number op signatures required (Jfidj) ^11

TO NOMINATE CANDIDATES FOR ELECTIVE OFFICES IN THE
CITY OF SOMERVILLE.

Be it enacted, etc., as follows:

Section three of chapter two hundred and eighty-one of
the acts of nineteen hundred and thirty-two is hereby
amended by striking out, in the fifteenth to the seventeenth
lines, inclusive, the words "the number of voters required
by section fifty-nine of chapter fifty-three of the General
Laws" and inserting in place thereof the following: — voters
of the city qualified to vote for a candidate for said office to
the number of at least two hundred and fifty for the office
of maj^'or, one hundred and fifty for the office of alderman
at large and one hundred for the office of ward alderman
and of member of the school committee, — so that the first
paragraph will read as follows : — Any person who is quali-
fied to vote at any regular or special election for a candidate
for any elective municipal office in said city, and who is a
candidate for nomination thereto, shall be entitled to have
his name as such candidate printed on the official ballot to
be used at a preliminary election for nomination therefor;
provided, that if he is a candidate to be voted for in a single
ward he is a registered voter in the ward wherein he is a
candidate; and provided, further, that on or before five
o'clock in the afternoon of the sixth Tuesday preceding
such regular or special municipal election there shall be
submitted to the board of election commissioners, herein-
after called the board, a nomination paper prepared and
issued by the board, wherein the candidate sets forth in
writing his candidacy, and wherein the petition is signed
by voters of the city qualified to vote for a candidate for
said office to the number of at least two hundred and fifty
for the office of mayor, one hundred and fifty for the office
of alderman at large and one hundred for the office of ward
alderman and of member of the school committee, whose
signatures are certified as hereinafter provided.

Approved June 2, 1936.

An Act relative to payments by the quincy police fhnr) 312

MUTUAL AID ASSOCIATION TO ANY MEMBER THEREOF UPON ^'

THE DEATH OF HIS WIFE.

Be it enacted, etc., as follows:

The Quincy Police Mutual Aid Association, a corporation
duly established by law, acting by its board of directors, is
hereby authorized to pay or cause to be paid from its gen-
eral fund to any member in good standing, upon the death

354 Acts, 1936. — Chaps. 313, 314.

of his wife, such sum of money, not exceeding three hundred
dollars, as may from time to time be fixed by vote of said
corporation. Approved June 2, 1936.

Chap. SIS An Act authorizing the town of wakefield to pay a

CERTAIN SUM OF MONEY TO ANTONIO MUCCIO ON ACCOUNT
OF INJURIES SUSTAINED.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral obli-
gation, the town of Wakefield is hereby authorized to pay to
Antonio Muccio of said town a sum of money not exceeding
three thousand dollars in settlement of a claim of said Muccio
against said town on account of certain injuries sustained by
him while doing work in return for welfare relief received
from the board of public welfare of said town.

Section 2. This act shall be submitted to the registered
voters of said town at the annual town meeting in the year
nineteen hundred and thirty-seven 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 meeting: —
"Shall an act passed by the general court in the year nine-
teen hundred and thirty-six, entitled 'An Act authorizing
the town of Wakefield to pay a certain sum of money to
Antonio Muccio on account of injuries sustained', be ac-
cepted?" If a majority of the votes cast thereon are in the
affirmative this act shall thereupon take efi^ect, but not
otherwise.

Section 3. If a majority of the votes cast on the ques-
tion submitted under authority of section two is in the affirm-
ative, any vote to make an appropriation for the purposes
of section one shall be taken at an annual town meeting of
said town. Approved June 2, 1936.

Chap.S14: An Act further regulating the practice of barbering

AND THE CONDUCTING OF BARBER SHOPS, BARBER SCHOOLS
AND BARBER COLLEGES.

Be it enacted, etc., as follows:

Ed^'iu'^' Section 1. Section eighty-seven H of chapter one hun-

5 87H, etc., dred and twelve of the General Laws, as most recently
amended. amended by section two of chapter two hundred and sixty
of the acts of nineteen hundred and thirty-four, is hereby
further amended by striking out the last sentence and in-
serting in place thereof the following : — Before any regis-
tered barber opens a barber shop he shall apply to the board
for the inspection and approval thereof, and the board shall
collect a fee of five dollars for each such inspection, — so as
^erequis^tes to ^q j-cad as follows: — Scction 87 H. Any person desiring to
obtain a certificate of registration shall make application
to the board therefor, pay to the secretary thereof a fee of

Acts, 1936. — Chap. 314. 355

ten dollars and furnish to the board a certificate of a regis-
tered physician as to the freedom of the applicant from
infectious and contagious diseases, and shall present him-
self at the next regular meeting of the board for the exami-
nation of applicants, or at a later meeting of the board if it
so votes, and thereupon, if he shows that he has studied and
practiced the occupation of barbering for two years as an
apprentice under one or more registered barbers, or for at
least six months in a properly equipped and conducted bar-
ber school or barber college under the instruction of a regis-
tered barber and eighteen months as an apprentice under a
registered barber, or practiced such occupation for at least
two years in this and/or other states, and that he is pos-
sessed of the requisite skill in such occupation to perform
properly all the duties thereof, including the preparation of
the tools, shaving, haircutting and all the duties and services
incident thereto, and has sufficient knowledge concerning
diseases of the face and skin to avoid the aggravation and
spreading of such diseases in the practice of such occupation,
the board shall issue to him a certificate of registration, signed
by the chairman and the secretary and attested by its seal.
Such certificate shall be evidence that the person to whom
it is issued shall, subject to section eighty-seven J, be en-
titled to follow the practice of the occupation referred to
therein.

Each person making application for examination here-
under shall be allowed to practice the occupation of bar-
bering until the next meeting of the board, and the board
shall grant without charge a permit authorizing him to
practice such occupation until such next meeting; provided,
that the board may, in its discretion, extend such permits
until the date of a subsequent meeting of the board. Any
applicant failing to pass an examination satisfactory to the
board shall thereafter be entitled to re-examination by pay-
ment of a fee of five dollars and by filing a re-examination
application upon a form furnished by the board, but two
re-examinations shall exhaust his privilege under his original
application, and if he fails to apply for re-examination within
one year after his original examination, or to appear for re-
examination when notified so to do, his re-examination privi-
lege for such original application shall be forfeited. A new
temporary permit shall be issued for each re-examination
fee paid. No applicant for registration who has filed an
application and holds a temporary permit, and no person
who holds a card as an apprentice barber, shall be permitted
to open and /or to operate a barber shop until he has suc-
cessfully passed the required examination and obtained a
certificate of registration. Before any registered barber inspection of
opens a barber shop he shall apply to the board for the in- ^^^^^"^ ^^°^^-
spection and approval thereof, and the board shall collect a
fee of five dollars for each such inspection.

Section 2. Section eighty-seven I of said chapter one ^-^V ^J^^-
hundred and twelve, as appearing in the Tercentenary Edi- § sVi,

amended.

and students.

356 Acts, 1936. — Chap. 314.

tion, is hereby amended by inserting after the word "per-
son" in the second Hne the words: — sixteen years of age
or over, — and by adding at the end the following new
paragraph : —

An apprentice or a student may practice barbering under
a permit, or a renewal thereof, granted under this section
for a period of three years from the date of its issuance;
provided, that, on or before December thirty-first in each
year during said period, he pays to the board a fee of fifty
cents and files with it a certificate of a registered physician
stating that said apprentice or student is not afflicted with
any contagious or infectious disease. Upon the expiration
of said period of three years such a permit may be renewed
upon payment of a fee of five dollars and the filing with the
board of a physician's certificate as aforesaid, — so as to
Apprentices read as follows : — Section 871. Nothing in sections eighty-
seven F to eighty-seven R, inclusive, shall prohibit any
person sixteen years of age or over from serving in this
commonwealth as an apprentice in such occupation under
a registered barber or from serving therein as a student in
any barber school or barber college under the instruction
of a registered barber; provided, that such registered bar-
ber, or the person owning or operating such barber school
or barber college, shall immediately report in writing to the
board the name and age of each apprentice or student work-
ing under his direction or training, and shall furnish to the
board a certificate of a registered physician that said ap-
prentice or student is not afflicted with any contagious or
infectious disease. Thereupon, and upon the payment of a
fee of five dollars by the person operating or conducting
such school or college, or by such apprentice, as the case
may be, the name of such apprentice or student shall be
entered in a register of the board for the registering of ap-
prentices and students, and the board may grant to him a
permit to practice as an apprentice under a registered bar-
ber or as a student in a barber school or barber college
under the instruction of a registered barber. After having
so practiced for two years under a registered barber, or six
months in a properly equipped and conducted barber school
or barber college under the instruction of a registered bar-
ber and eighteen months under a registered barber, and
upon payment of the required fee for examination, such
apprentice or student shall be eligible for examination by
the board for registration as a barber.

An apprentice or a student may practice barbering under
a permit, or a renewal thereof, granted under this section
for a period of three years from the date of its issuance; pro-
vided, that, on or before December thirty-first in each year
during said period, he pays to the board a fee of fifty cents
and files with it a certificate of a registered physician stating
that said apprentice or student is not afflicted with any con-
tagious or infectious disease. Upon the expiration of said
period of three years such a permit may be renewed upon

Acts, 1936. — Chap. 314. 357

payment of a fee of five dollars and the filing with the board
of a physician's certificate as aforesaid.

Section 3. Section eighty-seven K of said chapter one g. l. (Tpf.
hundred and twelve, as so appearing, is hereby amended by §87iv!^^'
adding at the end the following new paragraph : — No price ^'"ended.
list for barbering services shall be displayed in or upon any
part of the premises of a barber shop, barber school or barber
college where such list may be seen or read from the outside,

— so as to read as follows: — Section 87 K. The board shall R"if f.nd

1 , , . regulations.

make such reasonable rules and regulations as are neces-
sary for the proper conduct of its business, and especially
to provide for the sanitary regulation, subject to the ap-
proval of the state department of public health, of barber
shops, barber schools and barber colleges, and the training
of apprentices and of students therein. Each member of
the board may enter any barber shop during business hours
for the purpose of inspecting such shop. Whenever a com-
plaint is made to the board that any barber shop is kept in
an unsanitary condition, or that infectious or contagious dis-
ease has been imparted thereat, a member of the board shall
visit and inspect such shop and enforce the provisions of
sections eighty-seven F to eighty-seven R, inclusive. If,
upon such inspection, any such shop shall be found to be in
an unsanitary condition or it is determined by a member
of the board that infectious or contagious disease has been
imparted to any person thereat, the board shall immediately
notify the district health officer and such shop shall be quar-
antined and no barber employed therein shall, unless so au-
thorized by the board, practice his occupation until such
quarantine shall have been removed by said health officer.

No price list for barbering services shall be displayed in
or upon any part of the premises of a barber shop, barber
school or barber college where such list may be seen or read
from the outside.

Section 4. Section eighty-seven M of said chapter one g. l. (Ter.
hundred and twelve, as so appearing, is hereby amended by f Im/^'
striking out, in the seventh and eighth lines, the words amended,
"from the fund in the state treasury for the use of the board,",

— so as to read as follows : — Section 87M. The board may Hearings.
require the attendance and testimony of witnesses and the
production of such books, records and papers as it desires

at any hearing or in any matter which it has authority to
investigate, and for that purpose the secretary may issue a
subpoena for any witness or a subpoena duces tecum to
compel the production of any books, records or papers. Fees
and mileage shall be the same as those allowed in the su-
perior court in criminal cases and shall be paid in the same
manner as the compensation and expenses of the board are
paid.

Section 5. Section eighty-seven R of said chapter one g. l. (Ter.
hundred and twelve, as so appearing, is hereby amended by f Im!^^'
inserting after the word "or" m the fifth line the following: amended.

— whoever, in conducting a barber shop, employs any per-

358

Acts, 1936. — Chap. 315.

General
penalty.

son, other than a registered barber or apprentice, to practice
barbering therein, or whoever, — so as to read as follows : —
Section 87R. Whoever engages in or follows, or attempts to
engage in or follow, the occupation of barbering, or conducts
or attempts to conduct a barber school or barber college,
unless so authorized to do by the board, or falsely pretends
to be qualified to practice such occupation, or whoever, in
conducting a barber shop, employs any person, other than a
registered barber or apprentice, to practice barbering therein,
or whoever violates any provision of sections eighty-seven F
to eighty-seven R, inclusive, or any rule or regulation made
under authority thereof, shall, in addition to any other pen-
alty prescribed or authorized by said sections, be punished
by a fine of not more than one hundred dollars or by imprison-
ment for not more than ninety days, or both.

Approved June 2, 1936.

G. L. (Ter.

Ed.). 175,

§ 80, amended.

Reinsurance
of risks.

Chap. S15 An Act providing a new method of reinsuring risks of

CERTAIN MUTUAL FIRE INSURANCE COMPANIES.

Be it enacted, etc., as follows:

Section eighty of chapter one hundred and seventy-five
of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by inserting after the word
"classified" in the twenty-third line the following new para-
graph : —

Whenever any such insurance company, whose business
is confined chiefly to the insurance of sprinklered risks and
which is conducted solely for the benefit and protection of
its members and which pays no commissions or brokerages
for the acquirement of its business, shall reinsure in a like
company the whole or any portion of a risk covered by its
policy or policies of insurance, it may do so either (1) by
existing methods of reinsurance or (2) by agreement with its
policyholder or policyholders attached to and made a part
of such policy or policies, which agreement shall contain
a schedule giving (a) the name and location of each rein-
suring company and (6) the portion of the risk reinsured
in each such company. Such agreement may also provide
that the dividend or return of premium to be paid or credited
upon termination of such policy or policies shall be the
sum of (1) the dividend or return of premium to be paid or
credited upon that portion of the premium or premium
deposit retained by the company issuing such policy or
policies and (2) the aggregate amount of such dividends or
returns of premium paid or credited upon all portions of the
premium or premium deposit ceded to all such reinsuring
companies. Approved June 3, 1936.

Acts, 1936. — Chaps. 316, 317. 359

An Act regulating dealing in warehouse receipts for QJid^n 3^5

ALCOHOLIC BEVERAGES.

Whereas, The deferred operation of this act would tend ^^l^^f^^
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:

Paragraph (c) of section two of chapter one hundred and EdVnoA
ten A of the General Laws, as appearing in section one of § 2', etc.,
chapter two hundred and ninety of the acts of nineteen ''™^°^^'^-
hundred and thirty-two, is hereby amended by inserting
after the word "same" in the sixth line the words: — , ware-
house receipt for alcoholic beverages, as defined in section
one of chapter one hundred and thirty-eight, — so as to
read as follows : —

(c) "Security" shall include any evidence of indebted- !j^g°"j**^"
ness, stock, certificate under voting trust agreement, sub-
scription or reorganization certificate, certificate in or under
a profit sharing or participation agreement, oil, gas or
mining lease or certificate of interest in or under the same,
warehouse receipt for alcoholic beverages, as defined in
section one of chapter one hundred and thirty-eight, invest-
ment contract, currency of a government other than the
United States, and, in general, any certificate or instrument
representing or secured by a legal or equitable interest in
the capital, assets or property of, or representing indebted-
ness of, any person. Approved June 3, 1936.

An Act changing the name of the congregational Chap. 317

CHURCH and society IN THE EAST PRECINCT OF BARN-
STABLE AND CONFIRMING ACTS DONE BY SAID CORPORA-
TION.

Be it enacted, etc., as follows:

Section 1. The name of the Congregational Church
and Society in the East Precinct of Barnstable, a religious
corporation located in the town of Barnstable, is hereby
changed to the Unitarian Congregational Society in Barn-
stable Village, and all acts done by said corporation under
any name other than its legal name are hereby ratified and
confirmed to the same extent as though they had been done
under the legal name of said corporation.

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

Approved June 3, 1936.

360

Acts, 1936. — Chap. 318.

G. L. (Ter.
Ed.). 32,
§§ 26-31.
stricken out,
and §§26-311,
inserted.

Definitions.

Chav.SlS An Act providing for contributory retirement sys-
tems FOR CITIES AND TOWNS THAT MAY BE ACCEPTED BY
THEM, AND MAKING CERTAIN OTHER CHANGES IN THE
LAWS RELATIVE TO RETIREMENT SYSTEMS.

Be it enacted, etc., as follows:

Section 1. Chapter thirty-two of the General Laws is
hereby amended by striking out sections twenty-six to thirty-
one, inclusive, as appearing in the Tercentenary Edition,
and inserting in place thereof the fifteen following sections:
— Section 26. The following words and phrases as used in
sections twenty-six to thirty-one H, inclusive, unless a dif-
ferent meaning is plainly required by the context, shall have
the following meanings: —

"Accumulated deductions", the sum of all the amounts
deducted from the compensation of a member and standing
to his credit in the annuity savings fund, and regular interest.

"Actuary", a member of the actuarial staff of the division
of insurance of the department of banking and insurance
assigned by the commissioner of insurance to perform the
actuarial duties required by sections twenty-six to thirty-
one H, inclusive, in connection with any retirement system
established thereunder.

"Actuarial equivalent", a benefit of equal value, when
computed upon the basis of such mortality tables as shall be
fixed by the actuary and regular interest.

"Annuity", annual payments for life derived from the
accumulated deductions of a member. All annuities shall
be paid in equal monthly instalments.

"Annuity reserve", the present value of all payments to
be made on account of any annuity or benefit in lieu of an
annuity, computed upon the basis of such mortality tables
as shall be fixed by the actuary and regular interest.

"Beneficiary", any person in receipt of a pension, an-
nuity, retirement allowance or other benefit as provided in
sections twenty-six to thirty-one H, inclusive.

"Board", the retirement board provided by section thirty-
one F to administer the retirement system.

"Creditable service", prior service plus membership serv-
ice for which credit is allowable as provided in section twenty-
eight.

"Employee", any person who is regularly employed in
the service of, and whose salary or compensation is paid by,
the city or town, including members of the police and fire
departments and other officials or public officers so paid,
whether employed or appointed for stated terms or other-
wise, except teachers in the public schools, as defined by
sections six and seven, and except such officers elected by
the people as are not required to devote a major portion of
their time to the duties of their office, as provided in para-
graph (1) {d) of section twenty-seven. In all cases of doubt
the board shall decide who is an employee.

Acts, 1936. — Chap. 318. 361

"Head of department", when used to denote the authority
having power to recommend the retirement of an employee,
the board, commission, committee, commissioner, superin-
tendent or other person having executive control over the
department in which the employee is employed; when used
to denote a person to be retired, a commissioner, superin-
tendent or other individual having executive control over a
department, or a member of a board, commission or com-
mittee, having such control.

"Maximum age", age seventy for Group 1 and age sixty-
five for Group 2, each as described in section twenty-seven.

"Member", any employee included in the system.

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

"Pension", annual payments for life derived from con-
tributions made by the city or town. All pensions shall be
paid in equal monthly instalments.

"Pension reserve", the present value of all payments to
be made on account of any pension or benefit in lieu of any
pension, computed upon the basis of such mortality tables
as shall be fixed by the actuary and regular interest.

"Prior service", service rendered prior to the date the
system becomes operative, for which credit is allowable as
provided in sections twenty-six to thirty-one H, inclusive.

"Regular compensation", the annual compensation law-
fully determined for the individual service of the employee,
excluding bonus or overtime payments, but including such
allowances for other compensation not paid in cash as are
provided for in section thirty-one G.

"Regular interest", interest at three per cent per annum
compounded annually; provided, that, if the actual net
interest earned on the reserves of the system be more than
three per cent, the rate may be increased by vote of the
board substantially to the rate of interest earned by the
funds.

"Retirement allowance", the sum of the annuity and the
pension.

"Service", service as an employee for which compensa-
tion is paid by the city or town.

"The system", a contributoiy retirement system estab-
lished in any city or town which accepts sections twenty-
six to thirty-one H, inclusive, by any lawful method.

MEMBERSHIP.

Section 27. (1) The membership of the system shall be Membership,
constituted as follows : — ''^''"^ *'^-

(a) Except as otherwise provided in paragraphs (6) and
{d) of this subdivision, all persons who, while under age
fifty-five, become employees of the city or town after the
date on which the system becomes operative therein and
shall complete ninety days of service shall thereupon become
members of the system.

362 Acts, 1936. — Chap. 318.

(6) Every person who is an employee of the city or town
on the date when the system becomes operative therein and
who is not then covered by any other pension or retirement
law of the commonwealth shall become a member as of the
first day the system becomes operative, unless at or before
the expiration of ninety days thereafter he shall file with
the board on a form prescribed by it a notice of his election
not to become a member 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 therein.
All former employees of the city or town, not in its employ
upon the date on which the system becomes operative therein
but re-entering the service thereof within five years from
such date, may, except as otherwise provided in the last sen-
tence of paragraph (2) of section thirty-one A, become mem-
bers of the system upon their own application, and disability
beneficiaries restored to active service to whom the provi-
sions of paragraph (3) of said section thirty-one A apply shall
forthwith become members of the system.

(c) An employee who is covered by any other pension or
retirement law of the commonwealth, including any special
law accepted by and applicable to employees of the city or
town on the date when the system becomes operative therein,
shall become a member of the system only if he shall then or
thereafter make written application to join the system, and
shall therein waive and renounce all benefits of all other
pension or retirement systems supported wholly by the city
or town; provided, that no such employee shall receive
credit for prior service unless he makes such application for
membership within one year from the date the system be-
comes operative therein; and provided, further, that upon
such application the pertinent provisions of section thirty-
seven D shall apply to such employee.

(d) Any person holding office by popular election in a city
or town when the system becomes operative therein, who
then has completed not less than four years of continuous
service in said office, or who after the date on which the sys-
tem becomes operative shall complete four years of contin-
uous service in said office, may, at his option, to be exercised
in writing not later than ninety days thereafter, become a
member of the system, if the duties of his office require him
to devote a major portion of his time to the work of such
office, and such officer shall receive credit for prior service
in all elective and non-elective positions previously held by
him in such city or town, in the same manner as other em-
ployees. Any employee of a city or town who becomes a
member while holding a non-elective position, and who
thereafter accepts an office by popular election, shall retain
his membership in the system unless within ninety days
after such acceptance he files with the board on a form
prescribed by the board a notice of his election not to remain
a member of the system and a duly executed waiver of all

Acts, 1936. — Chap. 318. 363

present and prospective benefits which would otherwise
inure to him on account of his participation therein, in which
case his accumulated deductions shall be paid to him. Any
person not an employee of a city or town who, after the date
on which the system becomes operative therein, is elected
by popular election to a municipal office in such city or town,
and who is required to devote a major portion of his time to
the duties of his office, may at his option become a member
of the system as of the day four years after he takes office;
provided, that such option shall be exercised in writing not
later than ninety days after the expiration of said four years.
(e) Except as provided in section thirty-seven D, no mem-
ber shall receive any pension or retirement allowance from
any other pension or retirement system supported wholly
or in part by public funds, or be required to make contribu-
tions to any other such pension or retirement system, any-
thing to the contrary in any general or special law notwith-
standing.

(2) An employee of a city or town under age seventy on
the date of application, whose membership in the system is
contingent on his electing to become a member, and who
elects not to become a member, may thereafter apply for
and be admitted to membership; provided, that no such
employee shall receive prior service credit unless he becomes
a member within one year from the date the system be-
comes operative.

(3) Persons fifty-five years of age or over who originally
enter the service of the city or town after the date when the
system becomes operative shall not become members thereof,
and no such employee shall remain in the service of the city
or town after reaching age seventy. The age limit of fifty-
five specified in this paragraph shall not apply to a former
employee not in the service on the date when the system
becomes operative who re-enters the service within five years
after leaving service and is under age sixty at the time of
re-entering service, but such person shall not be eligible for
superannuation or ordinary disability retirement until he
has rendered at least five years of continuous service follow-
ing such re-entry.

(4) The head of each department shall submit to the
board, within thirty days after receipt from it of a request
therefor, a statement disclosing the name, title, compensa-
tion, duties, date of birth and length of service of each
employee in his department. The board shall place each
member in one of the following groups : —

Group 1, — General employees, including clerical, ad-
ministrative and technical workers, laborers, mechanics and
all others not otherwise classified.

Group 2. — Officers and members of a police or fire de-
partment, not included in Group 1.

(5) Should any member in any period of six consecutive
years after last becoming a member be absent from service

364 Acts, 1936. — Chap. 318.

more than five years, or should any member withdraw his
accumulated deductions or become a beneficiary hereunder,
or die, he shall thereupon cease to be a member.

CREDITABLE SERVICE,

Creditable SectioH 28. (1) Subject to all provisions of this section,

an employee shall be credited with all membership service
rendered by him.

(2) Under such rules and regulations as the board shall
adopt, each person becoming a member within one year
from the date he first becomes eligible to membership, who
was in service at the time the system became operative, or
who re-entered the service within five years after last render-
ing service prior to the time the system became operative,
shall file a detailed statement of all service as an employee
rendered by him prior to the day on which the system
became operative for which he claims credit, and of such
facts as the board may require for the proper operation of
the system.

(3) The board shall fix and determine by appropriate
rules and regulations how much service in any calendar 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 board allow credit as service
for any period of more than one month's duration during
which the employee was absent without pay; provided,
that, in the case of employees whose work is found by the
board to be seasonal in its nature, the board shall credit as
the equivalent of a year of service actual service of not less
than seven months in any calendar year.

(4) Subject to the above restrictions and to such other
rules and regulations as it may adopt, the board shall verify,
as soon as practicable after the filing of any such statement
of service, the service therein claimed, and shall certify as
creditable all or such part of the service claimed as may be
allowable.

(5) Upon verification of any statement of service, the
board shall issue a prior service certificate, certifying to
the member entitled to credit for prior service the length
of service rendered prior to the date the system became
operative, with which he is credited on the basis of his
statement of service; but no prior service certificate so
issued shall include credit as prior service for any period
during which the member was a member of any other con-
tributory retirement system. So long as membership of an
employee continues, his prior service certificate shall for
retirement purposes be final and conclusive as to such
service; provided, that any member may, within one
year from the date of issue or modification of such certifi-
cate, request the board in writing to modify or correct his
prior service certificate. When the employee's membership
ceases such prior service certificate shall become void.

Acts, 1936. — Chap. 318. 365

Should the employee again become a member, he shall
enter the system as an employee not entitled to prior service
credit except as provided in paragraph (3) of section thirty-
one A. In case of his reinstatement, upon the return of
accumulated deductions as provided in section thirty-one E
or making provision within one year for the return of such
deductions, his prior service certificate shall be reinstated.
No provision for reinstatement of a prior service certificate
shall apply to an employee who re-enters the service five
years or more after termination of his last previous service.
(6) For the purpose of determining the average annual
rate of regular compensation, the rate of compensation re-
ceived on the date immediately preceding a period of absence
without pay shall be used as the rate of compensation for
the period of creditable service without pay, but in case a
member resigned or was separated from service through no
fault of his own prior to the effective date of retirement, the
five-year period prior to the termination of his service
referred to in paragraph (2) (d) of section twenty-nine and
the five years prior to retirement referred to in paragraph
(2) (h) of section thirty shall cover the service immediately
preceding such resignation or separation, as the case may be.

SUPERANNUATION RETIREMENT.

Conditions for Allowance.

Section 29. (1) Any member in service who shall have Conditions
attained age sixty, upon his own written application to the ^°'' '^'•°^*'»''e-
board shall, or upon that of the head of his department or,
if he himself is the head of his department, upon that of the
mayor in a city or the board of selectmen in a town, may,
be retired for superannuation not less than thirty nor more
than ninety days after the filing of such application. A
member whose retirement is applied for by the head of his
department or by the mayor or selectmen, as the case may
be, shall be given a notice in writing of such application
forthwith and be given a hearing before the board, if he
requests such hearing in writing within ten days of the
receipt of such notice. Such hearing shall take place not
less than three nor more than fourteen days after request
therefor. If the board finds on hearing that the member is
able properly to perform his duties it shall thereupon file a
copy of its findings with the head of his department or with
the mayor or board of selectmen, as the case may be, in
which case the member shall not be retired; otherwise, the
retirement shall become effective within the time herein-
before provided.

Any member classified under Group 2, as defined in sec-
tion twenty-seven, who shall have attained age sixty-five,
and any member classified in Group 1, as so defined, who
shall have attained age seventy, shall be retired for super-
annuation upon attaining such age, or within ninety days
after the system becomes operative, if such age was attained

366 Acts, 1936. — Chap. 318.

prior to such date; provided, that an employee who has
attained age seventy when the system becomes operative
may, at his own request and with the approval of the board,
be continued in service for a period not exceeding two years,
during which time no deductions shall be made from his
salary, and when so retired shall receive a retirement allow-
ance equal to that to which he would have been entitled if
retired at age seventy.

Amount of Allowance.

(2) Upon retirement for superannuation a member of the
system classified in Group 1, as defined in said section twenty-
seven, shall, subject to paragraph (2) {d) of this section and
to section thirty-one C, receive a retirement allowance con-
sisting of —

(a) A life annuity which, on the mortality table and
interest rates prescribed by the commissioner of insurance,
shall be the actuarial equivalent of his accumulated deduc-
tions at the time of his retirement at his attained age or at
the maximum age of his group, whichever is the lesser;

(6) A pension equal to the full life annuity specified under
paragraph (2) (a) of this section, except that the pension
shall not exceed the annuity purchasable at his attained
age, or at the maximum retirement age of his group, which-
ever is the lesser, by the sum which at age sixty would pur-
chase a full life annuity of six hundred and fifty dollars, nor
shall it exceed one third of his average annual rate of regular
compensation during the five years last preceding termina-
tion of service; and

(c) If he has a prior service certificate in full force and
effect, an additional pension equal to the full life annuity
payable at his attained age, or at the maximum retirement
age of his group, whichever is the lesser, which would have
resulted from accumulated deductions of ten per cent of
his average annual rate of regular compensation, not ex-
ceeding fifty dollars per week, during the five years imme-
diately preceding the date on which the S3^stem became
operative, made during the period of his creditable prior
service and accumulated with regular interest at the rate of
three per cent to the date of his retirement.

{d) The value of the total pension under the two preced-
ing paragraphs, when added to the amount required to
purchase the life annuity referred to in paragraph (2) (a)
of this section or required to purchase a life annuity of six
hundred and fifty dollars at age sixty, whichever is the
lesser, shall not exceed the sum which is sufficient to pur-
chase at age sixty a retirement allowance of thirteen hundred
dollars. No pension of a member, except as hereinafter
provided, shall exceed one half the average annual rate of
his regular compensation for the five years prior to the
termination of his service, and no retirement allowance shall
exceed two thirds of said average annual rate of regular

Acts, 1936. — Chap. 318. 367

compensation unless the annuity exceeds one third of said
average annual rate, in which case the total pension shall
be the pension provided under paragraph (2) (b) of this
section, the retirement allowance in all cases to be deter-
mined on the basis of the full life annuity; provided, that
in case the period of prior service is less than five years said
prior service pension shall be computed on the compensa-
tion received during the period of prior service instead of
the annual rate hereinbefore mentioned; and provided,
further, that a member who has been an employee for
twenty or more years, or a member retired at the maximum
age for his group with not less than five years of creditable
service, shall receive a pension which, when added to the
annual amount of the full life annuity to which he is entitled,
will provide a total retiring allowance of not less than four
hundred and eighty dollars a year.

(e) In addition to the amount of retirement allowance
provided for a member classified in Group 1, as defined in
section twenty-seven, a member classified in Group 2, as
so defined, who retires at age sixty, shall receive an addi-
tional pension sufficient to provide a retirement allowance
equal to that to which he would have been entitled if he had
remained in service to age sixty-five and had contributed
to the annuity fund on the basis of his rate of regular annual
compensation at age sixty and if his account had been
credited with regular interest at three per cent and he had
retired at age sixty-five. Any member classified in said
Group 2 who retires at age sixty or over shall receive, in
addition to the amount of retirement allowance provided
for a member classified in said Group 1, an additional pen-
sion to be computed in the manner above provided, so that
his total retirement allowance shall be equal to that to
which he would have been entitled if he had remained in
service and made contributions to the annuity fund for a
period of five years beyond his actual age at date of retire-
ment, or, in the case of a person retired at an age over
sixty-five, if he had remained and made contributions until
he reached age seventy, and in either case if he had been
credited with regular interest at three per cent.

(/) If a member in either group under age sixty is sepa-
rated from service, through no fault of his own, after the
date of establishment of the system and after having com-
pleted not less than twenty years of creditable service, he
may, at his election, in lieu of receiving his accumulated
deductions, receive a retirement allowance to be computed
as prescribed in this section for a member classified in
Group 1.

ORDINARY DISABILITY RETIREMENT.

Conditions for Allowance.

Section SO. (1) Upon apph cation by a member in serv- conditions
ice or by the head of his department, or, in case of heads of ^""^ allowance,
departments, by the mayor in a city or the selectmen in a

368 Acts, 1936. — Chap. 318.

town, any member who has had twenty or more years of
creditable service may be retired by the board, not less than
thirty nor more than ninety days next following the date of
filing such appHcation, for ordinary disability; provided,
that one or more registered physicians selected by the board,
after an examination of such member, shall certify (1) that
such member is mentally or physically incapacitated for
further performance of duty and (2) that such incapacity is
likely to be permanent; and provided, further, that the board
is satisfied that such member should be retired.

Amount of Allowance.

(2) Upon retirement for ordinary disability a member
shall receive a superannuation retirement allowance if he
has attained age sixty; otherwise, he shall receive an ordi-
nary disability retirement allowance consisting of —

(a) An annuity, which shall be the actuarial equivalent of
his accumulated deductions at the time of his retirement; and

(b) A pension, in addition to his annuity, of one one hun-
dred and fortieth of his average annual rate of regular com-
pensation, not exceeding twenty-six hundred dollars, for the
five years prior to retirement, multiplied by the number of
years of membership service, not exceeding thirty-five,
credited to him since the date of establishment of the sys-
tem; and

(c) If the member had one or more years of service prior
to the date of estabhshment of the system, an additional
pension, which shall be equal to one seventieth of his average
annual rate of regular compensation, not exceeding twenty-
six hundred dollars, for the five years prior to retirement,
multiplied by the difference between his total creditable
service, not exceeding thirty-five years, and his years of
membership service under the preceding paragraph.

No retirement allowance provided by this section shall
exceed the superannuation retirement allowance the mem-
ber would have received had he remained in service until
he attained age sixty.

ACCIDENTAL DISABILITY RETIREMENT,

Conditions for Allowance.

f^°"1Jil°"L„ Section SI. (1) Upon application by a member in serv-
ice or by the head of his department, or, in the case of heads
of departments, by the mayor in a city or the selectmen in
a town, any member who is totally and permanently inca-
pacitated for duty as the natural and proximate result of an
accident or of undergoing a hazard pecuhar to his employ-
ment, in the performance and within the scope of his duty
at some definite time and place, without wilful negligence on
his part, which accident occurred or hazard was undergone
within two years prior to said application, or as the natural
and proximate result of an earlier accident or hazard under-
gone which was reported in writing to the board by the mem-

for allowance.

Acts, 1936. — Chap. 318. 369

ber or in his behalf within ninety days after its occurrence,
shall be retired not less than thirty nor more than ninety
days following the date of filing of such application; pro-
vided, that one or more registered physicians selected by
the board, after an examination of such member, shall
certify (1) that such member is mentally or physically in-
capacitated for further performance of duty and (2) that
such incapacity is likely to be permanent; and provided,
further, that the board shall concur in such certification and
find that the mental or physical incapacity is the natural
and proximate result of such accident or hazard, that such
disability is not the result of wilful negligence on the part of
such member, and that such member should be retired.

Amount of Allowance.

(2) Upon retirement for accidental disabihty a member
classified in Group 1, as defined in section twenty-seven,
shall receive a superannuation retirement allowance if he
has attained age sixty; otherwise, he shall receive an acci-
dental disability retirement allowance consisting of —

(a) An annuity, which shall be the actuarial equivalent of
his accumulated deductions at the time of his retirement; and

(6) A pension equal to one half the rate of his regular
annual compensation on the date of the accident or hazard
undergone; and

(c) In addition to the retirement allowance provided for
members classified in said Group 1, a member classified in
Group 2, as so defined, shall receive, if the total of the allow-
ance provided for under paragraphs 2 (a) and 2 (6) of this
section is less than the rate of his regular annual compensa-
tion on the date of the accident or hazard undergone, an
additional pension at the rate of two hundred and sixty
dollars annually for each child of such member during such
time as such child is under age eighteen or over said age and
physically or mentally incapacitated from earning.

In no case shall the amount of all benefits herein provided
exceed the annual rate of the regular compensation of such
member on the date of the accident or hazard undergone.

(3) If benefits are paid to a member under chapter one
hundred and fifty-two, benefits payable out of funds provided
by the city or town to such member under any provision of
this section shall be subject to section thirty-one D.

RE-EXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
OF DISABILITY.

Section SI A. (1) Once each year during the first five Examination
years following retirement of a member on a disabihty blnerdariel
retirement allowance, and once in every three-year period
thereafter, the board may require, and upon his appfication
shall permit, any disability beneficiary who has not yet
attained age sixty to undergo an examination by one or more
registered physicians designated by the board and approved

370 Acts, 1936. — Chap. 318.

by the mayor or selectmen, as the case may be, such exam-
ination to be made at the place of residence of said benefi-
ciary or other place mutually agreed upon. Should any
disability beneficiary who has not yet attained age sixty
refuse to submit to any examination so required, his allow-
ance may be discontinued until such examination shall
have been made, and, should his refusal continue for a year,
all his rights in and to his pension may be revoked by the
board.

(2) Should such physician or physicians certify to the
board that such disability beneficiary is engaged, or is able
to engage, in a gainful occupation, and should the board find
that his earnings, actual or potential, are less than the
average annual rate of regular compensation used as a basis
for his retirement allowance, but are more than the difference
between said average annual rate of regular compensation
and his retirement allowance, then the amount of his pen-
sion shall be reduced to an amount which, together with his
annuity and his earnings, actual or potential, shall equal the
amount of said average annual rate of regular compensation.
Should his earnings be later changed, the amount of his
pension may be further increased or reduced; provided,
that the new pension shall not exceed the amount of the
pension originally granted, nor shall it exceed an amount
which, when added to the amount earned, or which could
have been earned, by the beneficiary, together with his
annuity, equals the amount of said average annual rate of
regular compensation. With the approval of the head of
any department in which a vacancy exists, the board may
order such beneficiary to return and be restored to active
service in the employment of the city or town in the same
employment in which such beneficiary was employed by
such city or town at the time of his retirement, or in a simi-
lar employment. If such beneficiary refuses so to return
said board may revoke or suspend his pension. If a benefi-
ciary is so restored to active service at a compensation less
than said average annual rate of regular compensation, but
greater than the difference between the amount of such rate
and his retirement allowance, then the amount of his pen-
sion shall be reduced to an amount which, when added to
his annuity and the compensation at which he is so restored,
shall equal the amount of the regular compensation which
he was receiving when retired. Should his compensation be
later changed, the amount of his pension may be increased
or reduced to conform to the foregoing provision. Such a
beneficiary restored to active service at a compensation less
than said average annual rate of regular compensation shall
not become a member of the system, except as provided in
paragraph (3) hereof, and upon subsequent separation from
service without having become such member shall receive a
retirement allowance equal to that which he was receiving
prior to his restoration to active service. No such benefi-
ciary restored to active service shall remain in the service of

Acts, 1936. — Chap. 318. 371

the city or town after reaching the maximum age for his
group.

(3) Should a disability beneficiary be restored to active
service at a compensation not less than the amount of the
regular compensation which he was receiving when retired,
or should he, after being restored at a lesser compensation,
attain to such regular compensation, his retirement allow-
ance shall cease and he shall again become a member of the
system. Any prior service certificate, and any membership
service on the basis of which his service was computed at
the time of his retirement, shall thereupon be restored to
full force and effect, and upon his subsequent retirement he
shall be entitled to his original pension and, in addition, to
such pension as may have accrued to him on account of
service after his return to service; provided, that the total
pension on his subsequent retirement shall not exceed the
pension he would have received had he remained in service
during the period of his prior retirement. In addition, he
shall receive the annuity which is the actuarial equivalent of
his accumulated deductions.

(4) Upon application by a disabiHty beneficiary within
five years after his pension has been revoked or suspended
under paragraph (2) of this section, the board shall cause
him to be again examined by a physician or physicians
under paragraph (1) hereof. If such physician or physicians
certify to the board that such beneficiary is not engaged or
able to engage in any gainful occupation or employment,
or, in case they certify that he is so engaged or able to
engage, if the board finds that his earnings or potential
earnings are less than the difference between his annuity
and the average annual rate of regular compensation used as
a basis for his retirement allowance, his pension may, by
order of the board, be restored to him from and after the
date of such order, to the extent provided in said para-
graph (2).

ACCIDENTAL DEATH BENEFIT.

Section SIB. (1) If a member is killed or dies or a bene- Accidental
ficiary retired for accidental disability dies, and the board benefits
upon receipt of proper proofs shall decide that such death
was the natural and proximate result of an accident or of
undergoing a hazard peculiar to his employment, at some
definite time and place while the member was in actual per-
formance and within the scope of his duty, and was not
the result of wilful neghgence on his part, and that such
accident occurred or hazard was undergone not more than
two years prior to the date of death, or that such death was
the natural and proximate result of such an earUer accident
or hazard undergone which was reported in writing to the
board by the member or in his behalf within ninety days
after its occurrence, and if the deceased member is survived
by any of the dependents hereinafter enumerated, there
shall be paid, in addition to his accumulated deductions,

372 Acts, 1936. — Chap. 318.

an accidental death benefit consisting of a pension equal to
one half the rate of regular annual compensation received
by the deceased member for the year preceding the date of
the accident or of undergoing the hazard, said pension to be
paid —

(a) To the surviving husband or wife of the deceased
member so long as he or she lives and remains unmarried ; or

(6) If there be no surviving husband or wife, or if the
surviving husband or wife dies before every child of such
deceased member shall have attained age eighteen, then to
or for the benefit of his children under said age, divided in
such manner as the board in its discretion shall from time to
time determine among all those under said age at the time
of determination, to continue until every such child has
died or attained age eighteen; or

(c) If there be no husband or wife or child under age
eighteen surviving such deceased member, then to his totally
dependent father or mother, or both and the survivor of
them, as the board in its discretion shall determine, to con-
tinue, while they are totally dependent for support on such
pension, for life or until remarriage.

(2) If there be any child or children of a member or bene-
ficiary referred to in paragraph (1) hereof who are under age
eighteen, or over said age and physically or mentally inca-
pacitated from earning, an additional pension at the rate
of two hundred and sixty dollars annually shall be paid for
each child of such member, to the child or his natural or
legal guardian, during such time as such child is under age
eighteen or over said age and physically or mentally inca-
pacitated from earning.

In no case shall the amount of all benefits provided in this
section exceed the rate of the regular annual compensation
of the deceased member on the date of the accident or hazard
undergone.

OPTIONAL BENEFITS.

Optional SecUoTi SlC. Until the first payment on account of any

retirement allowance is paid, a member, or, if he be incom-
petent, his wife, or if he have no wife his conservator or
guardian, may elect to receive, in lieu of the annuity pro-
vided for by section twenty-nine, a lesser annuity payable
for life, with the provision that if he die before he has re-
ceived in annuity payments the present value of his an-
nuity as it was at the time of his retirement the balance
shall be paid to his legal representatives, subject to para-
graph (3) of section thirty-one E.

COMPENSATION BENEFITS OFFSET.

Offsets. Section SID. Any amounts paid or payable by the city

or town under the provisions of chapter one hundred and
fifty-two to a member or to the dependents of a member on
account of death or disability shall be offset against and

Acts, 1936. — Chap. 318. 373

payable in lieu of any benefits under sections twenty-six to
thirty-one H, inclusive, payable out of funds provided by
the city or town on account of the death or disability of
such member. In case of a lump sum settlement under said
chapter one hundred and fifty-two, if the amount of said
settlement is less than the reserve on the pension otherwise
payable, such amount shall be deducted from such pension
reserve, and such benefits as may be provided by the pen-
sion reserve so reduced shall be payable.

RETXJRN OF ACCUMULATED DEDUCTIONS AND AMOUNTS DUE
ESTATES OF DECEASED MEMBERS,

Section 31 E. (1) Within sixty days after filing with the Accumulated
board a request therefor, any person who shall have ceased «^eductions.
to be an employee by resignation or discharge, or for any
reason other than death or retirement, who was a member
until he ceased to be an employee, and who was not eligible
for retirement at the time of such filing, shall, except as
otherwise provided in section thirty-seven D, be paid the
amount of his accumulated deductions; but after the
expiration of one year from the date of such resignation or
discharge no interest shall accrue to be included in such
accumulated deductions.

(2) Should a member or former member die, his accumu-
lated deductions, if any, shall be paid to his legal representa-
tives, subject to paragraph (3) of this section.

(3) Any sum of money otherwise payable to the legal
representatives of a deceased member or former member
under any provision of sections twenty-six to thirty-one H,
inclusive, other than this paragraph, shall be paid, subject
to the following conditions, to the beneficiary or bene-
ficiaries nominated as hereinafter provided, if any, surviv-
ing at the death of such member or former member, as
appearing in the records of the association at his death, and
such payment or payments shall bar the recovery by any
other person of such sum. Any such member or former
member, by a written instrument duly executed by him and
filed with the board prior to his death, upon a form to be
furnished by the board, may nominate, and from time to
time change, one or more beneficiaries to receive, in desig-
nated proportion, but not in the alternative, any such sum;
and any such person so nominated by a minor shall be of
his kindred. The sum which would have been paid to any
beneficiary if he had survived such member or former mem-
ber shall be paid to the legal representatives of such mem-
ber, subject to the conditions hereinafter provided in this
paragraph. Any question arising hereunder as to survivor-
ship shall be finally determined by the board. If any sum
otherwise payable to the legal representatives of a member
or former member under said sections, including this para-
graph, does not exceed three hundred dollars, and if there
has been no demand upon the board for payment of such

374

Acts, 1936. — Chap. 318.

Retirement
board.

Membership
of, powers
and duties.

sum by a duly appointed executor or administrator of the
estate of such member or former member, and the board
has not otherwise been informed that probate proceedings
relative to such estate have been commenced, such sum
may be paid, after the expiration of three months from the
date of death of such member or former member, to the
persons appearing, in the judgment of the board, to be
entitled thereto, and such payments shall bar recovery by
any other person.

ADMINISTRATION.

Section 31 F. (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 city or town auditor or accountant, or officer
having similar powers and duties, and

(6) One person to be appointed, in a city, by the mayor,
subject to confirmation by the board of aldermen, or, in a
town, by the selectmen, to serve for a term of three years
commencing on the date when the system becomes opera-
tive, and until the qualification of his successor, and

(c) One person who shall be a member of the system, to
be so appointed to serve for a term of one year commencing
on said date, and until the qualification of his successor.

(2) As the terms of the appointed members expire, their
successors shall be appointed in the manner above provided,
to serve for terms of three years each, and until the quali-
fication of their successors. If a vacancy occurs in the ap-
pointed membership of the 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 manner above provided.

(3) The members of the board shall be reimbursed from
the expense fund for any expense or loss of salary or wages
which they may incur through service on the board.

(4) The board shall elect from its membership a chair-
man, 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 employ such clerical assistants and other persons as
shall be required to transact the business of the system.
The funds to meet the expenses of administering the system
shall be raised by appropriations of the city or town and
included in the annual tax levy. The board shall submit an
estimate of such expenses to the mayor or board of select-
men not later than January first of each yesiT other than
the first year of operation. In said last mentioned year,
such amount as shall be required to defray the expenses of
the establishment and maintenance of the system shall be
appropriated by the city or town.

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

Acts, 1936. — Chap. 318. 375

(6) The board shall keep a record of all its proceedings,
which record shall be open to public inspection. It shall
publish annually a report showing the fiscal transactions of
the system for the preceding municipal year, the amount of
accumulated cash and securities of the sj-^stem, 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 commis-
sioner of insurance and to the mayor or board of selectmen.
Investments having fixed maturities and upon which inter-
est is not in default shall be carried at amortized values, and
other investments at a reasonable valuation as determined
by the commissioner of insurance.

Legal Adviser.

(7) The city solicitor or town counsel, or ofE.cer having
similar powers and duties, if any, or, in case there is no town
counsel, an attorney to be selected by the board with the
approval of the selectmen, shall be the legal adviser of the
board.

Medical Examinations.

(8) The board may employ registered physicians or other
qualified persons as examiners and may obtain X-ray plates
whenever in its judgment it is necessary to assist in deter-
mining the cause, nature and degree of disability under
paragraph (1) of section thirty or under paragraph (1) of
section thirty-one, or to determine such facts at the time of
a re-examination under section thirty-one A. If the mem-
ber's physician shall certify in writing to the board that the
physical or mental condition of the member will not permit
him to present himself for office examination he may be
examined at his residence or wherever he may be. All fees
of physicians and other examiners employed by the board,
and all expenses of obtaining X-ray plates, shall be subject
to its approval, and upon such approval shall be paid out of
the expense fund. The decision of the board on the question
of disability and retirement shall be final, except as other-
wise provided in section thirty-seven C.

Duties of Actuary.

(9) The actuary shall be the technical adviser of the
board on matters regarding the operation of sections twenty-
six to thirty-one H, inclusive, and shall perform such actu-
arial duties as are required in connection therewith.

(10) Immediately after the estabhshment of the system
the actuary shall make such investigation of the mortality,
service and compensation experience of the members of the
system as he shall deem necessary, and on the basis of such
investigation he shall recommend to the commissioner of
insurance such tables and such rates as said commissioner
deems to be required.

376 Acts, 1936. — Chap. 318.

(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 mor-
tality, service and compensation experience of the mem-
bers and beneficiaries of the system, and shall make a
valuation of the assets and liabilities of the funds thereof,
and shall certify the rates of contribution payable by the
city or town on account of members who have become such
subsequently to the date when the system became operative
therein.

(12) On the basis of such tables as the commissioner of
insurance shall from time to time prescribe, the actuary
shall make an annual valuation of the assets and liabilities
of the funds of the system.

METHOD OF FINANCING.

Financing of Section 31 G. All the assots of the system shall be Credited,

system.^" 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 and the expense fund.

Annuity Savings Fund.

(1) (a) The annuity savings fund shall be the fund to
which shall be paid the deductions from the compensation
of members. The treasurer of the city or town shall with-
hold five per cent of the regular compensation not in excess
of fifty dollars weekly due on each pay day to all employees
who are members of the system. For the purpose of deter-
mining hereunder the regular compensation of a member,
in cases where a member receives a non-cash allowance to
cover compensation in the form of full or partial boarding
and housing in accordance with the practice in such city or
town, such treasurer shall add to the cash payment for regu-
lar services, an amount at a rate not to exceed seven dollars
per week, and the sum of said amount and said cash pay-
ment, not exceeding a total of fifty dollars weekly, shall be
the basis upon which annuity contributions shall be made.
The foregoing provision shall also apply in computing pen-
sions based upon prior service. The various amounts so
withheld shall be forthwith transferred to the system and
credited to the accounts of the respective members so con-
tributing, and shall be paid into and become a part of said
annuity savings fund.

(&) In determining the amount of regular compensation
payable to a member in a pay-roll period, the board may
consider the annual rate of regular compensation payable to
such member on the first day of the pay-roll period as con-
tinuing throughout such pay-roll period, and need not make
any deduction from compensation for any period less than
a full pay-roll period if an employee was not a member on
the first day of the pay-roll period.

Acts, 1936. — Chap. 318. 377

(c) The deductions provided for in this section shall be
made notwithstanding that the minimum compensation pro-
vided for by law for any member shall be reduced thereby.
Every member shall be deemed to consent and agree to the
deductions provided for in this section and shall receipt for
his full salary or compensation, and the payment of his full
salary or compensation with such deductions shall be con-
sidered a full and complete discharge and acquittance of all
claims and demands whatsoever for the services rendered
by him during the period covered by such payment, except
as to the benefits provided under sections twenty-seven to
thirty-one H, inclusive.

(d) In addition to contributions deducted from compen-
sation as hereinbefore provided, subject to the approval of
the board any member may re-deposit in the annuity sav-
ings fund, by a single payment, or by an increased rate of
contribution over a period not to exceed five years and be-
fore attaining age sixty, an amount equal to the total amount
which he previously withdrew therefrom under section thirty-
one E. Subject to like approval, any member may deposit
in the annuity savings fund, in the form of additional regular
contributions not exceeding the deductions authorized by
paragraph (1) (a) of this section, amounts which, with regu-
lar interest, shall be used at his retirement to purchase an
additional annuity. The amounts deposited to purchase
such additional annuity shall be treated as part of the mem-
ber's accumulated deductions, except that in the event of
his retirement they shall not be used to increase the pension
payable. The accumulated deductions of a member with-
drawn by him or paid to his estate or to his designated bene-
ficiary in the event of his death, as provided in sections
twenty-seven to thirty-one H, inclusive, shall be paid from
the annuity savings fund. Upon retirement of a member
his accumulated deductions shall be transferred from the
annuity savings fund to the annuity reserve fund.

Annuity Reserve Fund.

(2) The annuity reserve fund shall be the fund from
which shall be paid all annuities and all benefits in lieu of
annuities. Should a beneficiary retired on account of dis-
ability be restored to active service with a compensation at
a rate not less than the rate of his regular annual compen-
sation at the time of his last retirement, his annuity reserve
shall be transferred from the annuity reserve fund to the an-
nuity savings fund and credited to his individual account
therein.

Pension Accumulation Fund.

(3) (a) The pension accumulation fund shall be the fund
into which shall be accumulated all reserves for the payment
of all pensions and other benefits payable from contributions
made by the city or town, and from which shall be paid all

378 Acts, 1936. — Chap. 318.

pensions and other benefits on account of members with
prior service credit. Contributions to and payments from
the pension accumulation fund shall be made as follows: —
(6) On account of each member there shall be paid annu-
ally by the city or town into the pension accumulation fund
a certain percentage of the regular compensation of each
member for the preceding fiscal year, to be known as the
normal contribution, and an additional percentage of his
regular compensation to be known as the accrued liability
contribution. The rates per cent of said contributions shall
be fixed on the basis of the liabilities of the system as deter-
mined by the commissioner of insurance.

(c) On the basis of regular interest and of such mortality
and other tables as said commissioner shall prescribe, he
shall determine the percentage of the average of the regular
compensation of the members who became such subsequent
to the date when the system became operative in the city
or town, which percentage, if contributed on the basis of
compensation of every such member throughout his entire
period of active service, is computed to be sufficient to pro-
vide for the payment of any pension payable on his account.
The rate per cent so determined shall be known as the nor-
mal contribution rate, and shall remain uniform and con-
stant unless changed as hereinafter provided. After the
accrued liability contribution has ceased to be payable, the
normal contribution rate shall be the rate per cent of the
regular compensation of all members obtained by deduct-
ing from the total liabilities of the pension accumulation
fund the amount of the funds in hand to the credit of that
fund and dividing the remainder by one per cent of the
present value of the prospective future compensation of all
members, as computed on the basis of the mortality and
service tables and regular interest. The normal rate of con-
tribution shall be determined by said commissioner after
each valuation provided for by paragraph (11) of section
thirty-one F.

(d) Immediately succeeding the first valuation so pro-
vided for, said commissioner shall compute the rate per cent
of the total regular compensation of all members which is
equivalent to five per cent of the amount of the total pen-
sion liability on account of all members and beneficiaries
not dischargeable by the aforesaid normal contribution made
on account of such members during the remainder of their
active service. The rate per cent originally so determined
shall be known as the accrued liability contribution rate.

(e) The total amount payable in each year to the pension
accumulation fund shall be not less than the sum of the
rates per cent, known as the normal contribution rate and
the accrued liability contribution rate, of the total compen-
sation earnable by all members during the preceding year;
provided, that the amount of each annual accrued liability
contribution shall be at least three per cent greater than the
preceding annual accrued liability contribution, and that

Acts, 1936. — Chap. 318. 379

the aggregate payments of the city or 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 liabihty contribution shall be discon-
tinued as soon as the accumulated reserve in the pension
accumulation fund shall equal the present value, as actuari-
ally computed and approved by said commissioner, of the
total liabihty 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 ex-
ception of those payable on account of members who receive
no prior service allowance, payable from contributions of
the city or 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 re-
serve 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
a beneficiary retired on account of disability be restored to
active service with a compensation not less than his average
regular compensation for the year preceding his last retire-
ment, an amount equal to his pension reserve shall be trans-
ferred from the pension reserve fund to the pension accumu-
lation fund. Should the pension of a disability beneficiary
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 accumulation fund during
the period of such reduction.

Expense Fund.

(5) The expense fund shall be the fund to which shall be
credited all moneys appropriated by the city or town to
pay, and from which shall be paid, all necessary expenses in
connection with the administration and operation of the
system.

A ppropriations.

(6) (a) On or before the first day of January in each year
the board shall certify to the mayor or board of selectmen
the amount of the appropriation estimated to be necessary
to pay to the various funds of the system the amounts pay-
able by the city or town as enumerated in sections twenty-
seven to thirty-one H, inclusive, for the year beginning on
said first day of January, and items of appropriation pro-
viding such amounts shall be included in the budget.

380

Acts, 1936. — Chap. 318.

(6) If the income from investment of the funds is insuf-
ficient to pay regular interest, the amount required to meet
any such deficiency in any year shall be paid by the city or
town by special appropriation during such year. The city
or town, within such time and in like manner, shall appro-
priate and pay into the respective funds of the system sums
equal to any deficiencies found to exist in any of such funds.

(c) To cover the requirements of the system for the
period prior to the date when the first regular appropriation
is due, 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.

^ISX''"* Section 31 H. (1) Except as provided in paragraph (4)
hereof, the board shall invest the funds of the system in such
securities, other than mortgages, as are approved from time
to time by the commissioner of banks for the investment of
funds of savings banks under the laws of the commonwealth,
or shall deposit such funds in such banks.

(2) The board shall annually allow, from the interest and
dividends derived from investments and deposits, regular
interest on the average balance for the preceding year to the
credit of the various funds.

(3) The city or town treasurer shall be custodian of the
several funds. Payments from said funds shall be made
by him only upon vouchers signed by two persons designated
by the board, by a vote a duly attested copy of which, bear-
ing upon its face specimen signatures of such persons, shall
be filed with the treasurer as his authority for making pay-
ments upon vouchers so signed. No voucher shall be drawn
unless it shall have been previously authorized by vote of
the board.

(4) For the purpose of meeting disbursements for pensions,
annuities and other payments, not exceeding ten per cent
of the total amount in the several funds of the 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 cent of
the paid-up capital and surplus thereof.

(5) The board may, in its discretion, transfer to or from
the pension accumulation fund the amount of any surplus
or deficit in the reserves creditable to the annuity reserve
fund or the pension reserve fund, as shown by actuarial valu-
ations.

Acceptance
of act estab-
lishing
retirement
system.

ACCEPTANCE.

Section 311. Subsequently to the biennial state election
in the year nineteen hundred and thirty-six, sections twenty-
six to thirty-one H, inclusive, may be accepted as follows: —

(1) (a) In any city having a contributory retirement

Acts, 1936. — Chap. 318. 381

system for its employees, by vote of the city council, ap-
proved by the mayor; and in any town having such a re-
tirement system, by vote of the selectmen;

(b) In any other city whenever the city council, or in
any other town whenever the selectmen, vote to accept said
sections, they shall be submitted for acceptance to the quali-
fied voters thereof at the next annual or biennial city elec-
tion or annual town meeting, or at the next biennial state
election, whichever first occurs, held more than six months
subsequently to the date of such vote, in the form of the fol-
lowing question, which shall be printed upon the official
ballot to be used at said city or state election, or at said
town meeting if official ballots are there used: — "Shall
sections twenty-six to thirty-one H, inclusive, of chapter
thirty-two of the General Laws, authorizing cities and towns
to establish contributory retirement systems for their em-
ployees, be accepted?" If a majority of the voters voting
on the question at such city or state election or at such town
meeting, as the case may be, shall vote in the affirmative,
said sections shall take effect in such city or town as herein-
after provided; or

(2) Any city or town which has no contributory retire-
ment system for all its employees may accept said sections
to apply only to policemen and firemen, or only to members
of the police and fire departments, as the case may be, as
follows : —

In any city whenever the city council, or in any town
whenever the selectmen, vote to accept said sections, as
limited above in application, they shall be submitted for
acceptance to the qualified voters thereof at the next annual
or biennial city election or annual town meeting, or at the
next biennial state election, whichever first occurs, held
more than six months subsequently to the date of such
vote, in the form of the following question, which shall be
printed upon the official ballot to be used at said city or
state election, or at said town meeting if official ballots are
there used: — "Shall sections twenty-six to thirty-one H,
inclusive, of chapter thirty-two of the General Laws, author-
izing cities and towns to establish contributory retirement
systems for their employees, be accepted to apply only to
policemen and firemen (or, to apply only to members of the
police and fire departments)?" If a majority of the voters
voting on the question at such city or state election, or at
such town meeting, as the case may be, shall vote in the
affirmative, said sections shall take effect in such city or
town to apply only to policemen and firemen, or only to
members of the police and fire departments, as the case
may be, as hereinafter provided.

(3) Any city or town which has accepted said sections in
the manner and for the purposes set forth in paragraph (2)
hereof may subsequently, by complying with the provisions
of paragraph (1) (6) and any other pertinent provisions of
this section, adopt said sections for all its employees.

382 Acts, 1936. — Chap. 318.

The city or town clerk shall file in the office of the com-
missioner of insurance a copy of the vote of the city council
or of the selectmen, certified by the city or town clerk, and
a certificate of the vote at the city or state election, or at
the town meeting, sworn to by the city or town clerk or elec-
tion commissioners or officers corresponding thereto, within
thirty days after the date of the latter vote. Said commis-
sioner shall forthwith issue to the mayor or selectmen a
certificate, either that the system, or that a retirement sys-
tem for policemen and firemen, or for members of the police
and fire departments, as the case may be, is established in
said city or town by such votes, whereupon said sections
shall become operative therein, to the extent so voted, on
the first day of January or July, whichever first occurs, fol-
lowing the expiration of three months after the date of the
latter certificate.

In case said sections twenty-six to thirty-one H, inclusive,
are accepted, under any provision of this section, in a city
or town having a contributory retirement system, the retire-
ment board thereof shall continue in office, with the same
powers and duties as formerly, until the retirement board
established under said sections commences to function there-
under; and thereafter said last mentioned retirement board,
if any members of the previously existing retirement system
shall not elect under paragraph (1) (c) of section twenty-
seven, to become members of the retirement system under
said sections, or if there are any beneficiaries of such previ-
ously existing system, shall continue to operate such previ-
ously existing retirement system in accordance with the
provisions of law relative thereto, in addition to operating
the retirement system under said sections, and the board
of such previously existing system shall cease to exist;
provided, that the board established under said sections may
in its discretion merge similar funds under both systems.

If a member of such a previously existing retirement
system elects under paragraph (1) (c) of section twenty-
seven to become a member of the retirement system under
sections twenty-six to thirty-one H, inclusive, amounts
equal to his shares of all funds of such previously existing
system shall be transferred to the corresponding funds of
the system established under said sections.

In any city or town having a contributory retirement sys-
tem which accepts the provisions of said sections twenty-
six to thirty-one H, inclusive, under any provision of this
section, any employee who has refused to join the previously
existing retirement system may join the retirement system
under said sections, but a member who did not at his first
opportunity join such previously existing system shall re-
ceive a credit for his prior service only if and when he shall
deposit in a lump sum or in instalments but not beyond age
sixty all amounts not contributed by him which he would
have contributed if he had joined the previously existing

Acts, 1936. — Chap. 318. 383

system at such first opportunity, with regular interest at
three per cent.

Section 2. Section thirty-three of said chapter thirty- g. l. (Ter.
two, as amended by section four of chapter three hundred f^^-^' ^^' ^ ^^•
and one of the acts of the current year, is hereby further amended,
amended by inserting after the word "inclusive", the second
time said word occurs in said section, the following : — , and
sections twenty-six to thirty-one H, inclusive, or under cor-
responding provision of earlier laws, — so as to read as fol-
lows : — Section 33. Should there be due to the estate of a Payments
deceased member of any of the retirement associations estab- of deceased
lished under the preceding sections, except sections one to members.
five, inclusive, and sections twenty to twenty-five, inclusive,
and sections twenty-six to thirty-one H, inclusive, or under
corresponding provision of earlier laws, any sum of money
payable from the funds of the association, the same shall be
paid to his legal representatives; provided, that if the sum
so due does not exceed three hundred dollars if due from the
funds of the teachers' retirement association, or one hundred
dollars if due from the funds of any other such association,
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 the death of
such member, to the persons appearing, in the judgment of
the board, to be entitled thereto, and such payment shall
be a bar to recovery by any other person.

Section 3. Said chapter thirty-two is hereby further g. l. (Ter.

Ill- .. rx J.- .Li • J. Ed.), 32, new

amended by inserting after section thirty-seven, as appear- sections 37a to
ing in the Tercentenary Edition, under the following head- ^^°' '''^'^^'^•
ing, the following four new sections : —

PROTECTION AGAINST FRAUD.

Section 37 A. (1) Every certified statement required by Penalty
this chapter or by rules or regulations, consistent with law, stlte'^mlnts.
of the retirement board of any retirement system estab-
lished under any provision of the preceding sections shall
be verified by written declaration that it is made under the
penalties of perjury, and shall contain such information as
the board may reasonably require. Any person who shall
knowingly make any false statement, or shall falsify or per-
mit to be falsified any record or records of the system, with
intent to defraud such system as a result of such act, shall,
in addition to all other penalties to which he may by law be
subject, be punished by a fine of not less than ten nor more
than one hundred dollars. Should any change in the records
of such a system, correcting an error therein caused by any
such wrongful act, or otherwise, result in any member or
beneficiary receiving from the system more or less than he
would have been entitled to receive had the records been
correct, the board shall, as far as practicable, adjust the
payments in such manner that the actuarial equivalent of
the benefit to which he was correctly entitled shall be paid.

384

Acts, 1936. — Chap. 318.

Filing of Statements and Records, Penalties.

(2) Every member shall upon notice from the board file
with it such written statement or certified record as shall be
required by this chapter or by rules or regulations of said
board consistent with law. If the board is satisfied that the
filing as aforesaid of any such statement or record has been
unduly delayed and that no satisfactory reason has been
given for such delay, the board shall so notify the member
and the head of the department in which he is employed.
In case the board does not receive the required statement or
certified record within thirty days thereafter, it may notify
the head of the department and the treasurer to that effect,
and, unless within ten days after receipt by the head of the
department of such notice, he shall receive from the board
a notice that the required statement or record has been
properly filed with it, he shall suspend such member from
service without salary, and such suspension shall remain in
force until such statement or record is so filed; provided,
that if the member failing to file such statement or record is
a head of a department the governor, mayor, selectmen,
county commissioners or school committee, as the case may
be, shall so suspend him; and provided, further, that in the
case of any member subject to the provisions of chapter
thirty-one, the pertinent provisions of sections forty-two A,
forty-two B, forty-three and forty-five thereof shall govern.
Subject to the foregoing, a person attaining age seventy
during the period of suspension shall forfeit his pension and
annuity payments from the date when he attains said age
to the date of filing with the board of the statement or record
hereinbefore mentioned, and after such filing shall be re-
tired with a retiring allowance at the same rate as if he had
been retired at age seventy during such suspension.

Effect of
amendment
or repeal.

AMENDMENT OR REPEAL.

Section 37B. The provisions of sections one to thirty-
one H, inclusive, may be altered or amended from time to
time or may be repealed; provided, that no such alteration,
amendment or repeal shall be deemed to affect the rights of
members of any retirement system established thereunder
with reference to deposits previously made, or to reduce any
accrued or potential benefits to those who are members at
the time when such alterations, amendments or repeal be-
come effective or to reduce the amount of any retirement
allowance then payable.

Review.

RIGHT OF REVIEW.

Section 37C. Any member under the maximum age for
his retirement whose office or employment is subject to the
provisions of chapter thirty-one, and whose retirement under
the provisions of the preceding sections of this chapter is

Acts, 1936. — Chap. 318. 385

not at his own request, shall, for all of the purposes of this
chapter, have and retain such of the rights provided by sec-
tions forty-two A, forty-two B, forty-three and forty-five
of said chapter thirty-one as apply to his particular office or
employment.

Any such member under age sixty who has completed not
less than twenty years of creditable service, whose office or
employment is not under the provisions of said chapter
thirty-one and who is discharged or whose retirement under
the provisions of this chapter is not at his own request, if,
within three days after notice of his discharge or retirement
he shall so request in writing, shall be given a hearing in not
less than three nor more than fourteen days after filing the
request. Any hearing under this section shall, if the mem-
ber so requests in writing, be pubUc and shall be held before
the proper retirement board. Any such hearing may be
continued from time to time if the member, the board and
the employing officer agree thereto in writing, and said mem-
ber shall be notified in writing, within three days after the
hearing, of the decision of said board, a copy of which deci-
sion shall be made a matter of public record.

Within thirty days after the hearing hereinbefore pro-
vided for, the member, if his discharge or retirement has
been affirmed by the decision at said hearing, may bring a
petition in the district court of the judicial district where
the member resides, addressed to the justice of the court,
praying that the action of the employing official in discharg-
ing him or of said retirement board in retiring him may be
reviewed by the court, and after such notice as the court
deems necessary it shall review such action, hear any or all
of the witnesses and determine whether or not, upon the
evidence, such action was justified. If the court finds that
such action was justified, the decision at the hearing shall
be affirmed, otherwise it shall be reversed and the petitioner
shall be reinstated in his office without loss of compensation,
or shall be retired with a retirement allowance equivalent to
that which he would have received had he remained in serv-
ice at the same compensation and made contributions at
the rate he was receiving at the time of his separation from
service to age sixty. The decision of the court shall be final
and conclusive upon the retirement board, the employing
official and the petitioner.

TRANSFER FROM SYSTEM TO SYSTEM.

Section 37D. Any member of any contributory retire- Transfers.
ment system estabfished under the provisions of this chap-
ter or of any special act, which is maintained by public funds,
upon leaving a position in the service of a county or munic-
ipality or of the commonwealth, or as a teacher in the public
schools, as defined in sections six and seven, which entitles
him to be such member, and accepting a position which en-
titles him to become a member of any other system in any

386

Acts, 1936. — Chap. 318.

G. L/(Ter.
Ed.), 152, § 73,
amended.

Election
between com-
pensation
and pension.

Effect of
existing law.

Effect of
acceptance
of act on
existing

systems.

Act to be
submitted
for acceptance.

such service, may transfer his membership to such other
system; provided, that the full amount of his accumulated
deductions plus regular interest shall be transferred to the
system of which he then becomes a member.

When a member who so transfers from one system to an-
other is retired, any pension which shall be part of his retire-
ment allowance shall be paid by the system of which he was
formerly a member, and by the system to which he transfers,
as directed and in such proportions as may be directed by
the commissioner of insurance on the basis of actuarial deter-
mination.

Section 4. Section seventy-three of chapter one hun-
dred and fifty-two of the General Laws, as appearing in the
Tercentenary Edition, is hereby amended by inserting after
the word "both" in the fifth line the following: — , except
in the manner and to the extent provided by section thirty-
one D of chapter thirty-two, — so that the first sentence
will read as follows : — Any person entitled to receive com-
pensation as provided by section sixty-nine from the com-
monwealth or from such county, city, town or district, who
is also entitled to a pension by reason of the same injury,
shall elect whether he will receive such compensation or such
pension, and shall not receive both, except in the manner
and to the extent provided by section thirty-one D of chap-
ter thirty-two.

Section 5. Sections twenty-six to thirty-one, inclusive,
of chapter thirty-two of the General Laws, as appearing in
the Tercentenary Edition, shall continue in force as to any
city or town which may have accepted said sections prior
to the effective date of this act, until it accepts sections
twenty-six to thirty-one H, inclusive, of said chapter thirty-
two, as appearing in section one of this act, in which case
said sections twenty-six to thirty-one, inclusive, as appear-
ing in the Tercentenary Edition, shall remain in force only to
the limited extent provided by section six of this act.

Section 6. In any city or town which, after having
established a contributory retirement system under any
other provisions of general or special law, accepts sections
twenty-six to thirty-one H, inclusive, of said chapter thirty-
two, as appearing in section one of this act, such other
provisions of law shall remain in force, notwithstanding
such acceptance, as to any members of such previously
established system who do not elect to become members of
the system established under said sections, and as to any
beneficiaries of such previously established system; except
that the retirement board established under said sections
shall supersede the board previously established under said
other provisions of law and succeed to all its powers and
duties, as provided in section thirty-one I of said chapter
thirty-two, as so appearing, whereupon said previously estab-
lished board shall cease to exist.

Section 7. The state secretary shall cause to be placed
on the official ballot used in each city not having a contribu-

Acts, 1936. — Chap. 319. 387

tory retirement system for their employees, and on the official
ballot used in each town except Brookline having a popula-
tion in excess of ten thousand, at the biennial state election
in the current year the following question: — ''Shall sec-
tions twenty-six to thirty-one H, inclusive, of chapter thirty-
two of the General Laws, inserted therein by section one of
an act of the general court passed in the current year en-
titled 'An Act providing for Contributory Retirement Sys-
tems for Cities and Towns that may be Accepted by Them,
and making Certain Other Changes in the Laws Relative to
Retirement Systems', enabling cities and towns which accept
it to establish contributory retirement systems for their em-
ployees, be accepted?" If a majority of the voters of a city
or town voting on the question vote in the affirmative, the
city or town clerk or the election commissioners or officers
corresponding thereto, within thirty days after the date
of such vote, shall file in the office of the commissioner of
insurance a certificate thereof, sworn to by such clerk or
other officers. Said commissioner shall forthwith issue to
the mayor or selectmen a certificate that the system is estab-
lished in said city or town by such vote, whereupon said sec-
tions shall become effective therein upon the first day of
July following the expiration of three months after the date
of the last mentioned certificate; otherwise, said sections
shall not become effective therein unless and until they are
accepted under section thirty-one I of said chapter, as ap-
pearing in section one of this act.

Approved June 3, 1936.

An Act relative to the ownership, maintenance and fhrij. o-iq

OPERATION OF CEMETERIES AND CREMATORIES AND TO THE ^'

DISPOSAL OF DEAD HUMAN BODIES.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and four- g.'l. (Ter.
teen of the General Laws, as appearing in the Tercentenary f'nlende^d.' ^ ^'
Edition, is hereby amended by inserting after the word "cor-
poration" in the third line the words: — , not for profit, —
so as to read as follows : — Section 1 . Five or more persons Organization
desirous of procuring, establishing and preparing a cemetery, cOTpOTatfons.
or who are the majority in interest of the proprietors of an
existing cemetery, may organize as a corporation, not for
profit, in the manner provided in chapter one hundred and
seventy-nine; but such corporation shall not sell or impair
the right of any proprietor of an existing cemetery.

Section 2. Section six of said chapter one hundred and SdViu^'se
fourteen, as so appearing, is hereby amended by inserting amended:'" '
after the word "therefor" in the fourth line the words:

388

Acts, 1936. — Chap. 319.

Cremation.

G. L. (Ter.
Ed.), 114, §7,
amended.

Crematory
corporations.

G. L. (Ter.
Ed.), 114, § 8,
amended.

Right to hold
real estate.

G. L. (Ter.
Ed.), 114, § 9,
amended.

By-laws and
regulations.

— , subject to the provisions of section forty-three D, —
so as to read as follows : — Section 6. Such corporation
may cremate bodies of the dead, and may provide necessary
buildings and appliances therefor and for the disposition of
the ashes of the dead on any land within its cemetery which
the department of public health determines is suitable there-
for, subject to the provisions of section forty-three D, and
such buildings and appliances shall be a part of the cemetery
and be dedicated to the burial of the dead, and shall be held
by said corporations subject to the duties, and with the privi-
leges and immunities, which they now have by law.

Section 3. Said chapter one hundred and fourteen is
hereby further amended by striking out section seven, as so
appearing, and inserting in place thereof the following: —
Section 7. Five or more persons may form a corporation,
not for profit, for the purpose of providing the necessary
appliances for the disposal by cremation of the bodies of the
dead. Such a corporation shall be formed in the manner
prescribed in and subject to section nine of chapter one
hundred and fifty-five and sections six and eight to twelve,
inclusive, of chapter one hundred and fifty-six, except as
follows:

The capital stock, if any, shall not exceed fifty thousand
dollars.

The agreement of association of such a corporation having
no capital stock may omit the statement of the amount of
the capital stock and the par value and number of its shares.
The par value of its shares, if any, may be ten or fifty dollars.

Section 4. Said chapter one hundred and fourteen is
hereby further amended by striking out section eight, as
so appearing, and inserting in place thereof the following: —
Section 8. Such corporation may acquire and hold in fee,
to an amount not exceeding fifty thousand dollars, land
necessary and appropriate for its purposes and situated in
such place as the department of public health determines to
be suitable, subject to the provisions of section forty-
three D.

Section 5. Section nine of said chapter one hundred
and fourteen, as so appearing, is hereby amended by insert-
ing at the end the words: — , subject to the provisions of
section forty-three D, — so as to read as follows: — Sec-
tion 9. Cemetery and crematory corporations may, sub-
ject to the approval of said department, make by-laws and
regulations consistent with law for the reception and cre-
mation of bodies of the dead and for the disposition of the
ashes thereof, and shall conduct their business in accordance
with such regulations as said department shall establish
and furnish in writing to the clerk of the corporation. Vio-
lation of any such regulation of said department shall be
punished by a fine of not less than twenty nor more than
five hundred dollars. Such corporations shall not erect,
occupy or use any building for cremation until the location
and plans thereof with all details of construction have been

Acts, 1936. — Chap. 319. 389

submitted to and approved by said department or by a per-
son designated by it, subject to the provisions of section
forty-three D.

Section 6. Said chapter one hundred and fourteen is g. l. (Ter.
hereby further amended by inserting after section forty- ne^w'sicttons
three, as so appearing, under the caption miscellaneous added°^^^'
PROVISIONS, the fourteen following new sections : — Section Egtabiishment
43 A. No cemetery established on or after July first, nine- of future
teen hundred and thirty-six, shall be owned, maintained or regulated^'
operated except by a municipality or other political sub-
division of the commonwealth, a church, a religious or chari-
table society, or by a cemetery association incorporated as
provided in section one, nor shall such a cemetery be main-
tained or operated for the purpose of private profit or gain,
directly or indirectly, to any director, officer or member of
the cemetery association or other agency owning, main-
taining and operating the same. A cemetery lawfully estab-
lished prior to said date may continue to be owned, main-
tained and operated under the form of organization adopted
therefor.

Section 43B. The sale of cemetery lots and plots, or the Saie of lots.
sale of crypts in a community mausoleum or niches in a
columbarium, for speculative purposes, or the conveyance
of any portion of a cemetery already dedicated to burial
purposes as security for debt, is hereby prohibited, and every
such conveyance shall be void and of no effect. Whoever
makes or attempts to make a sale or conveyance contrary
to the provisions of this section shall be subject to the pen-
alt}'' provided by section forty-three N.

Section 43C. The proceeds of the sales of lots and plots Expenditure
in a cemetery shall, except as hereinafter provided, be ap- rlguiTtedi'
plied solely to the improvement and maintenance of the
cemetery and the avenues, paths and structures situated
therein, for the purchase of additional cemetery land, and
for the accumulation of a permanent care and improvement
fund. If any indebtedness of a fixed amount is incurred in
the purchase of lands for such cemetery, or in making any
improvement therein, a sum not exceeding fifty per cent of
the gross receipts from the sale of burial lots and plots may
be applied to the liquidation of such indebtedness. All
moneys received from the sale of personal property and
surplus real estate of a cemetery shall be applied first to the
liquidation of any fixed indebtedness incurred by it on ac-
count of the purchase or improvement of the lands dedi-
cated to cemetery purposes, and any residue remaining after
the liquidation of such indebtedness shall be deposited in
the permanent care and improvement fund of the cemetery.
The provisions of this section shall not apply to any ceme-
tery estabhshed prior to July first, nineteen hundred and
thirty-six, or to any cemetejy owned, maintained and oper-
ated by a church or religious societ3^

Section 43D. Every community mausoleum, other than Community
a structure containing crypts erected or controlled by a ITse^of! ^"""^'

regulated.

390

Acts, 1936. — Chap. 319.

Same subject.

Supervision
by department
of public
health.

Same subject.
Care of.

Sale of,
regulated.

church or a reHgious society and used only as a repository
for the remains of the clergy or dignitaries of such church
or rehgious society, and every crematory, columbarium or
other structure intended to dispose of or hold or contain the
bodies or remains of the dead, erected on or after July first,
nineteen hundred and thirty-six, shall be located only within
the limits of a cemetery containing not less than twenty
acres, which shall have been in existence and actually used
for burial purposes for a period of at least five years imme-
diately preceding the time of the erection thereof.

Section 43E. No community mausoleum, the crypts of
which are available to the public for burial purposes, shall
be erected without the consent and approval of the depart-
ment of public health. Before commencing the erection of
any such structure, full detailed plans and specifications shall
be presented to said department for its approval. Such ap-
proval shall be evidenced by a certificate in writing, signed
by the proper officer of said department. No community
mausoleum or any structure intended to hold or contain the
bodies of the dead permanently, which is available to the
public for said use, shall be erected or added to, and no
building not previously used or intended to be used for the
permanent disposition of the human dead shall be altered
or changed for such use or used for such purposes, unless
constiTicted of such materials and workmanship as will in-
sure its durability and permanence as well as the safety,
convenience, comfort and health of the community in which
it is located, as dictated and determined at the time by
modern mausoleum construction and engineering science.

Section Jf.3F, The department of public health shall have
supervisory control over the erection of any such commu-
nity mausoleum and shall enforce compliance with the ap-
proved plans and specifications therefor. Said department
shall appoint an inspector, experienced in modern mausoleum
construction and engineering science, to supervise the erec-
tion of any such mausoleum and said department shall de-
termine the reasonable amount of compensation of said in-
spector, which compensation shall be paid by the cemetery
association or other agency erecting such community mauso-
leum. No departure from the original plans and specifica-
tions shall be permitted, except upon approval of said de-
partment evidenced in like manner and form as the approval
of the original plans and specifications.

Section 4^0. No community mausoleum, crypt or struc-
ture erected as aforesaid shall be used for the purpose of
depositing therein the remains of any dead body until such
mausoleum, crypt or structure, or a component section
thereof, is fully completed, and the permanent care and
improvement fund required by section forty-three J has
been established.

Section 43H. No crypt in a community mausoleum shall
be sold or offered for sale before said structure, or a com-
ponent section thereof, is fully completed.

Acts, 1936. — Chap. 319. 391

Section 4^1. Whenever any mausoleum, vault, crypt or Penalty.
other structure containing one or more dead human bodies
shall, in the opinion of the department of pubHc health,
become a menace to public health, and the owner thereof
fails to remedy or remove the same to the satisfaction of
said department, any court of competent jurisdiction may
order the owner of said structure to remove such dead body
or bodies for interment in some suitable cemetery at the
expense of such owner. If such owner cannot be found,
such removal and interment shall be at the expense of the
cemetery association or other agency in the cemetery of
which such mausoleum, vault, crypt or other structure is
situated.

Section A3 J. Every cemetery association or other agency Fund for care

, 1 ,. , . . . .. 1 '^ ,. -J. of community

establishmg, mamtammg and operatmg a community mau- mausoleums
soleum on or after July first, nineteen hundred and thirty- tawfshed.
six, shall create and establish a permanent care and im-
provement fund, distinct and separate from the permanent
care and improvement fund of its cemetery. The fund
established under authority of this section shall be created
by applying to such fund at least thirty per cent of the
proceeds received, in full or in instalments, from the sales
of crypts in such mausoleum. The income of such fund
shall be devoted to the care, maintenance and improvement
of such community mausoleum.

Section 43K. The treasurer of the cemetery in which off^^d's^"
such community mausoleum is situated shall be the cus-
todian of the permanent care and improvement fund estab-
lished therefor as aforesaid and every such fund shall be
held, administered and invested in the manner provided by
law for funds in savings banks of the commonwealth.

Section 43L. Any cemetery, community mausoleum or Operation of
columbarium established, maintained or operated in viola- may^be"^^' ^ ""
tion of or contrary to any provision of this chapter shall be enjomed.
a nuisance and may be abated or enjoined as such at the
suit of any taxpayer of the commonwealth.

Section 43M. Except as otherwise provided by law, or in Burials
case of a dead body being rightfully carried through or '^^"
removed from the commonwealth for the purpose of burial
or disposition elsewhere, every dead body of a human being
djang within the commonwealth, and the remains of any
body after dissection therein, shall be decently buried, en-
tombed in a mausoleum, vault or tomb or cremated within
a reasonable time after death. The permanent disposition
of such bodies or remains shall be by interment in the earth
or deposit in a chamber, vault or tomb of a cemetery owned,
maintained and operated in accordance with the laws of
this commonwealth, by deposit in a crypt of a mausoleum,
or by cremation. The remains of a human body after cre-
mation may be deposited in a niche of a columbarium or a
crypt of a mausoleum, buried or disposed of in any manner
not contrary to law. No deposit of the bodies or remains of
the human dead shall be made in a single chamber, vault or

Effect of
act.

392 Acts, 1936. — Chap. 320.

tomb wholly or partly above the natural surface of the ground
unless the part thereof below such surface is of a permanent
character, constructed of materials capable of withstanding
extreme climatic conditions, waterproof and air tight, and
capable of being sealed permanently to prevent all escape of
effluvia, and unless the part thereof above the natural surface
of the ground is constructed of natural stone of a standard not
less than that required by the United States government for
monuments erected in national cemeteries, of durability suf-
ficient to withstand all conditions of weather.
Penalty. SectioTi J,3N . Whocvcr fails to comply with or violates

any provision of this chapter in respect to the establishment,
maintenance or operation of a cemetery, community mauso-
leum, crematory or columbarium, or to the disposal of dead
human bodies, shall, unless another penalty is provided by
this chapter, be punished by a fine of not less than one hun-
dred nor more than five hundred dollars or by imprisonment
for not more than six months, or both.

Section 7. The provisions of this act shall not be con-
strued as affecting any vested rights of any cemetery asso-
ciation or other agency owning, maintaining and operating
a cemetery or crematory immediately prior to its effective
date. In so far, however, as said provisions do not violate
any such vested rights they shall, except as otherwise pro-
vided therein, apply to all such cemetery associations or
other agencies. Approved June 4, 1936.

Chap. 320 An Act authorizing the governor to place under the

JURISDICTION AND CONTROL OF THE SPECIAL MILITARY
reservation COMMISSION, DURING CERTAIN PERIODS IN
EACH YEAR, A PORTION OF THE SHAW^ME STATE FOREST.

Be it enacted, etc., as follows:

Section 1. The governor may annually by his order
place under the jurisdiction and control of the special mili-
tary reservation commission, established by section one
of chapter one hundred and ninety-six of the acts of nine-
teen hundred and thirty-five, such part of the Shawme
State Forest within two thousand yards of the southern
boundary thereof and situated in the towns of Sandwich
and Bourne, or either of them, and during such periods be-
tween June fifteenth and September fifteenth, as the gov-
ernor may determine to be necessary or advisable for the
training of the military forces of the commonwealth or for
other mihtary operations approved by him.

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

Approved June 9, 1936.

Acts, 1936. — Chap. 321. 393

An Act authorizing the bernardston fire and water ph^j^ qoi

DISTRICT TO develop A WATER SUPPLY IN THE TOWN OF P-O^J-

BERNARDSTON AND RELATIVE TO EXEMPTING CERTAIN
PROPERTY IN SAID DISTRICT FROM TAXES ASSESSED BY IT.

Be it enacted, etc., as follows:

Section 1. Chapter ninety-three of the acts of nineteen
hundred and thirty is hereby amended by striking out sec-
tion three and inserting in place thereof the following : —
Section 3. Said district may take by eminent domain un-
der chapter seventy-nine of the General Laws, or acquire
by purchase or otherwise, and hold, the waters, or any por-
tion 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 Bernardston not already appropriated for the
purposes of a public water supply, and the water rights
connected with any such water sources; and for such pur-
poses 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 convey-
ing 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 state department
of public health, and that the location of and arrangement
of all dams, reservoirs, wells, pumping and filtration plants
and such other works as may be necessary in carrying out
the provisions of this act shall be subject to the approval
of said department. Said district may construct on the
lands acquired and held under this act proper dams, wells,
reservoirs, standpipes, tanks, pumping plants, buildings, fix-
tures 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 apphances
and do such other things as may be necessary for the es-
tablishment 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,
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, said district may dig up or raise and embank any such
lands, highways or other ways in such manner as to cause
the least hindrance to public travel on such ways; pro-
vided, that all things done upon any such way shall be sub-
ject to the direction of the selectmen of the town of Ber-

394 Acts, 1936. — Chap. 322.

nardston. 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 de-
partment 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 construc-
tion of any work or for any other purpose authorized by
this act.

Section 1A. Section eight of said chapter ninety-three
is hereby amended by adding at the end thereof the following
new paragraph : —

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 hst of the es-
tates exempt from taxation under the provisions of this
section shall annually be sent by the board of water com-
missioners to the assessors, at the same time at which the
clerk shall send a certified copy of the vote as aforesaid.

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

Approved June 9, 1936.

Chap. 322 An Act authorizing the town of easton to acquire the

FRANCHISE AND PROPERTY OF THE NORTH EASTON VILLAGE
DISTRICT, IN SO FAR AS THE SAME RELATES TO ITS FIRE
DEPARTMENT.

Be it enacted, etc., as follows:

Section 1. The town of Easton is hereby authorized to
take over the franchise, rights and privileges and to assume
all the duties and obligations of the North Easton Village
District, in so far as the same relate to its fire department.
The North Easton Village District, acting through its pru-
dential committee, may lease to said town, acting through
its selectmen, its fire alarm system, fire station and all other
fire department equipment, for a period of ten years at an
annual rental of sixteen hundred dollars, and at the end of
said period of ten years such property shall become the
property of said town.

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

Approved June 9, 19S6.

Acts, 1936. — Chaps. 323, 324, 325. 395

An Act relative to fees for the examination of credit (Jhn^ 323

UNIONS. ^'

Whereas, The deferred operation of this act would cause Emergency
substantial inconvenience, therefore it is hereby declared p''«*™^i^-
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.

Be it enacted, etc., as follows:

Section three of chapter one hundred and seventy-one of EdM^^^ls
the General Laws, as appearing in the Tercentenary Edi- amended.'
tion, is hereby amended by striking out the second para-
graph and inserting in place thereof the following : —

To defray in part the expenses of each regular examina- Examination of
tion of a credit union provided for by section two of chapter '^^^^^^ unions.
one hundred and sixty-seven, the credit union so examined
shall pay a fee of twenty cents for each thousand dollars of
assets shown by its statement of condition at the date of the
examination, which fee shall in no event be less than ten
dollars; provided, that no fee shall be collected hereunder
from a credit union until it has been in operation for a period
of one year. Such fee shall be payable within thirty days
after notice from the commissioner.

Approved June 9, 1936.

An Act authorizing the city of boston to pay a certain (7/ia».324

SUM OF MONEY TO A. R. DOYLE, INC., FOR LABOR AND MA-
TERIALS FURNISHED TO SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city of Boston may pay to A. R. Doyle,
Inc., a sum, not exceeding fourteen hundred and twenty
dollars and ten cents, for labor and materials furnished by
said corporation to said city under a contract approved
November fourteenth, nineteen hundred and thirty-five,
entitled "Sheet Asphalt Pavement in Beaver Place, City
Proper".

Section 2. Section one shall take effect upon the ac-
ceptance of this act during the current year by vote of the
city council of said city, subject to the provisions of its
charter; but not otherwise. Approved June 9, 1936.

An Act relative to reimbursement by the common- fhnrf 325

WEALTH FOR THE TRANSPORTATION OF CERTAIN PERSONS ^'

TO THE STATE INFIRMARY.

Be it enacted, etc., as follows:

Section fifteen of chapter one hundred and twenty-two of g. l. (Xer.
the General Laws, as appearing in the Tercentenary Edition, amende^d.' ^ ^^'
is hereby amended by striking out, in the seventh and eighth
Hnes, the words ", for the excess over thirty miles by the
usual route", — so as to read as follows: — ASecfzow i 5. transportation

' expenses of

396

Acts, 1936. — Chap. 326.

persons sent
to state
infirmary.

Towns may at their own expense send to the state infirmary,
to be maintained at the public charge, all persons falUng
into distress therein and having no settlement within the
commonwealth. The town shall be reimbursed by the com-
monwealth, upon bills approved by the department and
subject otherwise to the provisions of section forty-two of
chapter one hundred and twenty-one, for the expense of
transportation of each person having no settlement so sent,
at a rate not exceeding twelve cents a mile.

Approved June 9, 1936.

G. L. (Ter.
Ed.). 32. § 89.
etc., amended.

C/iap. 326 An Act relative to the payment of annuities to de-
pendents OF certain state and metropolitan district
employees killed or dying from injuries received
or hazards undergone in the performance of duty.

Be it enacted, etc., as folloivs:

Section eighty-nine of chapter thirty-two of the General
Laws, as most recently amended by chapter four hundred
and sixty-six of the acts of nineteen hundred and thirty-
five, is hereby further amended by inserting after the word
"officer" in the seventh line the following words: — or any
technical employee of the department of public works or
public health, of the metropohtan district commission, or
of the division of metropolitan planning, included in class
twenty-seven of rule four of the civil service rules, — by
inserting after the word "Boston" in the ninety-ninth line
the words : — , and, as to said technical employees, the com-
missioner or chairman of their respective department or
division, with the approval of the governor and council, —
by inserting after the word "officers" in the one hundred
and twelfth fine the words : — , and occurring on or after
January first, nineteen hundred and thirty-five, in the case
of said technical employees, — and by inserting after the
word "officers" in the one hundred and nineteenth line the
words : — , or occurring on or after January first, nineteen
hundred and thirty-six, in the case of said technical em-
ployees, — so as to read as follows : — Section 89. If a
member of the poHce or fire force, or a forest warden, of a
city or town, or a member of the department of public
safety doing police duty, or an investigator or examiner of
the registry of motor vehicles in the department of public
works doing police duty, or an inspector of the department
of labor and industries, or a prison officer or any technical
employee of the department of public works or public
health, of the metropolitan district commission, or of the
division of metropolitan planning, included in class twenty-
seven of rule four of the civil service rules, is killed, or dies
from injuries received, or dies as a natural and proximate
result of undergoing a hazard pecuhar to his employment,
while in the performance of his duty, and it shall be proved
to the satisfaction of the appropriate pubhc authority as

Annuities to
dependents of
policemen,
firemen and
others killed,
etc., in per-
formance
of duty.

Acts, 1936. — Chap. 326. 397

hereinafter defined that such death was the natural and
proximate result of an accident occurring, or of undergoing
a hazard peculiar to his employment, while he was acting
in the performance and within the scope of his duty, and all
members of a board consisting of two physicians designated
by the public authority hereinafter defined, and one physi-
cian to be designated by the commissioner of public health
shall certify to the treasurer of the body politic and corpo-
rate by which the compensation of such deceased person
was payable, that the death was the natural and proximate
result of the said injury or hazard, there shall, except as
hereinafter provided, be paid out of the treasury of such
body poUtic and corporate, to the following dependents of
such deceased person the following annuities: To the widow,
so long as she remains unmarried, an annuity not exceeding
one thousand dollars a year, increased by not exceeding two
hundred dollars for each child of such deceased person dur-
ing such time as such child is under the age of eighteen or
over said age and physically or mentally incapacitated
from earning; and, if there is any such child and no widow
or the widow later dies, such an annuity as would have
been payable to the widow had there been one or had she
lived, to or for the benefit of such child, or of such children
in equal shares, during the time aforesaid; and, if there is
any such child and the widow remarries, in lieu of the afore-
said annuity to her, an annuity not exceeding two hundred
and sixty dollars to or for the benefit of each such child
during the time aforesaid; and, if there is no widow and no
such child, an annuity not exceeding one thousand dollars
to or for the benefit of the father or mother of the deceased
if dependent upon him for support at the time of his death,
during such time as such beneficiary is unable to support
himself or herself and does not remarry. The total amount
of all such annuities shall not, except as hereinafter pro-
vided, exceed the annual rate of compensation received by
such deceased person at the date of his death. If such de-
ceased person was a reserve or special poHceman or a re-
serve or call fireman of a city or town and, at the time he
was killed or at the time he received the injuries or under-
went the hazard resulting in his death, was performing duty
to which he was assigned or called as such poUceman or
fireman and for the performance of which he was entitled
to compensation from said city or town, the total amount
of all such annuities shall not exceed the annual rate of
compensation payable to a regular or permanent member
of the police or fire force thereof, as the case may be, for
the first year of service therein, and if there are no regular
or permanent members of the police or fire force thereof,
as the case may be, said total amount shall not exceed the
sum of one thousand dollars. The amount of any such an-
nuity shall from time to time be determined within the
limits aforesaid by the appropriate public authority as here-
inafter defined.

398 Acts, 1936. — Chap. 326.

In case the deceased was a member of a contributory
retirement system for public employees, the benefits pro-
vided under this section shall be in the alternative for the
benefits, if any, provided by such retirement system for
dependent widows and children or for dependent fathers or
mothers; and the widow, or if there is no widow, the legal
representative of the children entitled thereto, if any, other-
wise the father or mother in the order named, shall elect
which benefits shall be granted. Such election shall be made
in writing and shall be filed with the retirement board in
charge of the system of which the deceased was a member
and shall not be subject to change or revocation after the
first payment of any benefit thereunder.

The words "appropriate public authority", as used in
this section, shall mean, as to a member of the police or fire
force or a forest warden of a city, the mayor and city coun-
cil; as to a member of the police or fire force or a forest
warden of a town, the selectmen; as to a member of the
department of public safety doing pohce duty, the commis-
sioner of public safety, with the approval of the governor
and council; as to an investigator or examiner of the regis-
try of motor vehicles in the department of public works, the
commissioner of public works, with Uke approval; as to an
inspector of the department of labor and industries, the
commissioner of labor and industries, with like approval;
as to a prison officer of the state prison, the state prison
colony, the Massachusetts reformatory, the state farm, or
the reformatory for women, the commissioner of correction,
with hke approval; and as to a prison officer of a jail or
house of correction, the sheriff and county commissioners of
the county, except in the county of Suffolk, where the public
authority as to prison officers of the jail shall be the sheriff
and the mayor of Boston, and, as to prison officers of the
house of correction, the penal institutions commissioner and
the mayor of Boston, and, as to said technical employees,
the commissioner or chairman of their respective depart-
ment or division, with the approval of the governor and
council.

The provisions of this section shall apply to deaths result-
ing from injuries received, occurring on or after January
first, nineteen hundred and thirty in the case of policemen
and firemen and members of the department of public safety
doing pohce duty, occurring on or after August twenty-
fifth, nineteen hundred and thirty-two in the case of in-
spectors or examiners of the registry of motor vehicles in
the department of pubhc works, occurring on or after Sep-
tember twenty-fifth, nineteen hundred and thirty-four in
the case of forest wardens of cities or towns, and occurring
on or after January first, nineteen hundred and thirty-four
in the case of inspectors of the department of labor and in-
dustries and of prison officers, and occurring on or after
January first, nineteen hundred and thirty-five, in the case
of said technical employees, and to deaths resulting from

Acts, 1936. — Chap. 327. 399

hazards undergone, occurring on or after January first,
nineteen hundred and thirty-five, in the case of pohcemen,
firemen, members of the department of pubhc safety doing
pohce duty, inspectors or examiners of the registry of motor
vehicles in the department of pubhc works, forest wardens
of cities or towns, inspectors of the department of labor and
industries and prison officers, or occurring on or after Jan-
uary first, nineteen hundred and thirty-six, in the case of
said technical employees, irrespective of the time of receiv-
ing the injuries or undergoing the hazards resulting in such
death; provided, that nothing contained in this section shall
affect any annuity lawfully granted under the provisions
thereof as previously from time to time in effect.

Approved June 9, 1936.

An Act providing for biennial municipal elections in Chav. 327

THE city of HOLYOKE.

Be it enacted, etc., as follows:

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

Section 2. At the biennial municipal election to be held
in the year nineteen hundred and thirty-seven 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 alder-
men at large elected in the year nineteen hundred and thirty-
six shall continue to hold office until the qualification of
their successors who shall be elected at the biennial munici-
pal election in the year nineteen hundred and thirty-nine.
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-seven and at every
second biennial municipal election thereafter, the city clerk
and the city treasurer shall be elected for terms of four years
from the first Monday in January following their election
and until their successors are qualified.

Section 4. At the biennial municipal election to be
held in the year nineteen hundred and thirty-seven 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

400 Acts, 1936. — Chaps. 328, 329.

following their election and until their successors are quali-
fied. The members of said committee elected in the year
nineteen hundred and thirty-five shall continue to hold
office until the qualification of their successors who shall be
elected at the biennial municipal election in the year nine-
teen hundred and thirty-nine.

Section 5. If a vacancy occurs in the office of mayor
before the last three months of the term of office, the board
of aldermen shall order an election to fill the same for the
unexpired term. If a vacancy occurs in the board of alder-
men before the last six months of the term of office, the re-
maining members of the board of aldermen shall fill the
same for the unexpired term. If a vacancy occurs in the
office of city clerk or city treasurer, the aldermen shall fill
the same until the first Monday in January following the
next regular municipal election, and if there would be a va-
cancy 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 in-
consistent with this act, is hereby repealed.

Section 7. The provisions of sections one to six, inclu-
sive, of this act shall be submitted for acceptance to the
qualified voters of said city at the annual city election in the
current year in the form of the following question, which
shall be placed upon the official ballot to be used at said
election: — "Shall sections one to six, inclusive, of an act
passed by the general court in the current year, entitled,
'An Act providing for biennial municipal elections in the
city of Holyoke', be accepted?" If a majority of the votes
cast on said question are in the affirmative, said sections
shall thereupon take full effect; otherwise they shall be of
no effect and the officers elected at said election shall respec-
tively hold office for the terms now provided by law.

Approved June 9, 1936.

Chap. S28 An Act removing certain limitations as to payments

BY ONE MUNICIPALITY TO ANOTHER ON ACCOUNT OF THE
SUPPORT OF CERTAIN POOR PERSONS.

Be it enacted, etc., as follows:

EdV'iir"'! 16 Section sixteen of chapter one hundred and seventeen of
repealed. ' ' the General Laws, as appearing in the Tercentenary Edition,
is hereby repealed. Approved June 9, 1936.

Chap. 329 An Act relative to the bonding of officers and em-
ployees OF certain credit unions.

Be it enacted, etc., as follows:

Ed^"iTr§i5 Section fifteen of chapter one hundred and seventy-one
etc., 'amended. ■ of the General Laws, as most recently amended by chapter

Acts, 1936. — Chap. 330. 401

two hundred and seventy-two of the acts of nineteen hun-
dred and thirty-five, is hereby further amended by striking
out the paragraph inserted by said chapter two hundred
and seventy-two and inserting in place thereof the following
new paragraph : —

Subject to the approval of the commissioner of insurance SchediJe^
as to the form and conditions thereof, a schedule bond may offTcers^etc,
be issued to an association of credit unions covering the ^J^^f^^
officers and employees of the credit unions which are mem-
bers of such association, notwithstanding that chapter one
hundred and seventy-five does not expressly authorize the
issuance of such a schedule bond.

Approved June 9, 1936.

An Act relative to the salaries of members of the Chap. 330

BOARD OF ALDERMEN OF THE CITY OF SOMERVILLE.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and forty of the acts
of eighteen hundred and ninety-nine is hereby amended by
striking out section eleven, as most recently amended by
section one of chapter forty-seven of the acts of nineteen
hundred and twenty-seven, and inserting in place thereof
the following: — Section 11. The board of aldermen shall
be the judge of the election and quahfications of its mem-
bers, and shall from time to time make rules for its pro-
ceedings. A majority of the members of the board shall
constitute a quorum for the transaction of business, but a
less number may meet and adjourn from time to time.
The board of aldermen may, by a two thirds vote of all its
members taken by call of the yeas and nays, estabfish a
salary for its members not exceeding five hundred dollars
a year each. Such salary may be reduced at any time by
a similar vote.

Section 2. This act shall be submitted for acceptance
to the voters of the city of Somerville at the biennial state
election in the current year in the form of the following
question which shall be placed upon the official ballot to
be used in said city at said election: "Shall an act passed
by the general court in the year nineteen hundred and
thirty-six, entitled 'An Act relative to the Salaries of Mem-
bers of the Board of Aldermen of the City of Somerville',
be accepted?" If a majority of the voters voting thereon
vote in the affirmative in answer to said question, this act
shall thereupon take effect; otherwise it shall be of no
effect. Approved June 9, 1936.

402 Acts, 1936. — Chaps. 331, 332.

Chap. SSI An Act providing for the construction and mainte-
nance BY THE metropolitan DISTRICT COMMISSION OF A
PUBLIC BATH HOUSE AND INCIDENTAL IMPROVEMENTS ON
THE CHARLES RIVER IN THE TOWN OF WATERTOWN.

Be it enacted, etc., as follows:

The metropolitan district commission is hereby author-
ized and directed to construct, and thereafter to maintain,
at a bend on the northerly side of the Charles river in the
town of Watertown, above the dam in said river, substan-
tially in accordance with plan numbered twenty-two thou-
sand, seven hundred and thirty of the director of park en-
gineering submitted with the current report of the joint
board established under chapter fifty of the resolves of
nineteen hundred and thirty-five (current senate document
numbered 100), a free public bath house, with dressing
rooms and lockers and proper toilet facilities, and with
suitable approaches thereto on land owned by said commis-
sion fronting on Pleasant street in said town, and to make
such related improvements at the location of such bath
house and approaches thereto as may be necessary to make
the same suitable and adequate for public bathing. Said
commission may expend for said purposes such sums, not
exceeding, in the aggregate, sixty-five thousand dollars, as
may hereafter be appropriated therefor, one haK of which
sum shall be assessed upon the town of Watertown. Said
commission may establish rules and regulations relative to
said bath house and may make reasonable charges for the
use of lockers therein. All sums received for such use shall
be paid to the state treasurer, and shall be placed by him
in the special account established by section forty-eight of
chapter ninety-two of the General Laws.

Approved June 9, 1936.

C hap. SS2 An Act providing for biennial municipal elections in

THE CITY OF GARDNER.

Be it enacted, etc., as follows:

Section 1. Beginning with the year nineteen hundred
and thirty-seven, municipal elections in the city of Gardner
for the choice of mayor, councillors and members of the
school committee shall be held biennially on the Tuesday
next following the first Monday in November in each odd-
numbered year.

Section 2. Beginning with the biennial municipal elec-
tion to be held in said city in the year nineteen hundred and
thirty-seven, the mayor and councillors of said city shall be
elected for terms of two years and until their successors
are qualified.

Section 3. At the biennial municipal election to be held
in said city in the year nineteen hundred and thirty-seven
and at every biennial municipal election in said city there-

Acts, 1936. — Chap. 333. 403

after, all members of the school cormnittee to be elected
thereat shall be elected to serve for terms of four years and
until their successors are qualified. The members of said
committee elected in the year nineteen hundred and thirty-
five shall continue to hold office until the quahfication of
their successors who shall be elected at the biennial munici-
pal election in the year nineteen hundred and thirty-nine.

Section 4. At the regular municipal election to be held
in the current year the mayor, councillors and members of
the school committee to be elected thereat shall hold office
for terms of one year and until their successors are qualified.

Section 5. So much of chapter one hundred and nine-
teen of the acts of nineteen hundred and twenty-one, and
acts in amendment thereof and in addition thereto, as is
inconsistent with this act, is hereby repealed.

Section 6. 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: — "Shah an act passed by the gen-
eral court in the current year, entitled 'An Act providing
for Biennial Municipal Elections in the City of Gardner',
be accepted?" If a majority of the votes cast on said
question are in the affirmative, this act shall thereupon
take full effect; otherwise it shall be of no effect and the
oflScers elected at said election shall respectively hold office
for the terms now provided by law.

Approved June 9, 1936.

An Act relative to the deposit by the state treasurer (Jfidj) 333
OF public moneys in his possession.

Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, therefore it is hereby declared to be an P'''='*'»t)ie.
emergency law, necessary for the immediate preservation of
the public convenience.

Be it enacted, etc., as follows:

Section thirty-four of chapter twenty-nine of the General Ed^'29l'34
Laws, as appearing in the Tercentenary Edition, is hereby amended.
amended by inserting after the word "capital" in the sixth
line the words : — , or, in the case of a bank or trust company
having a paid up capital of not less than three million dollars,
forty per cent of its paid up capital and surplus, — so as
to read as follows: — Section 34- The state treasurer may Depositor
deposit any portion of the public moneys in his possession ^e^Ji'iatS!"^^^'
in such national banks, or trust companies, lawfully doing
business in the commonwealth, as shall be approved at least
once in three months by the governor and council; but the
amount deposited in any one bank or trust company shall
not at any one time exceed forty per cent of its paid up
capital, or, in the case of a bank or trust company having a
paid up capital of not less than three million dollars, forty

404 Acts, 1936. — Chaps. 334, 335.

per cent of its paid up capital and surplus. For the purpose
of paying the principal or interest due on any bond, note or
other obligation of the commonwealth, which is payable in
the city of New York, he may keep on deposit in any national
bank or trust company in said city, approved for the purpose
by the governor and council, a sum not exceeding in the aggre-
gate twenty-five thousand dollars, provided that for a period
of two weeks prior to the date of any such payment or pay-
ments, said amount may be increased by a sum or sums suffi-
cient to cover the same. A state treasurer making any de-
posit in violation of the foregoing provision shall be deemed
guilty of misconduct and maladministration in his office
within the meaning of the constitution; and any bank or
trust company receiving any deposit in violation thereof
shall be disqualified from receiving said moneys for the period
of three years from the date of said deposit. All interest
received on any deposits under this section shall be paid to
the commonwealth. Approved June 11, 1936.

Chap. 334: An Act relative to the corporate powers of the somer-

VILLE POLICE RELIEF ASSOCIATION.

Be it enacted, etc., as follows:

Section 1. The Somerville Police Relief Association, a
corporation duly established under the laws of the common-
wealth, is hereby authorized, upon the death of the wife of
any member in good standing, to pay to such member such
sum, not exceeding three hundred dollars, as may from time
to time be determined by vote of said corporation, and, upon
the death of any member in good standing, to pay such death
benefits, not exceeding one thousand dollars, as may from
time to time be determined by vote as aforesaid.

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

Approved June 11, 1936.

Chap. 335 An Act authorizing the city of boston to allow a

credit to EDMUND V. AHEARN IN CONNECTION WITH CER-
TAIN LICENSES ISSUED TO HIM BY SAID CITY.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral obli-
gation in the premises, the city of Boston is hereby author-
ized to allow as a credit to Edmund V. Ahearn of said city,
on any fee which may be payable by him for a hcense to sell
alcohoHc beverages in said city during the year nineteen
hundred and thirty-seven, a proportionate amount of the fee
paid to said city by said Ahearn in the year nineteen hun-
dred and thirty-five for the license issued to him under
section fifteen of chapter one hundred and thirty-eight of
the General Laws, as amended, based on the length of time
said hcense was in use by him prior to its surrender in said
year nineteen hundred and thirty-five when he received a

Acts, 1936. — Chap. 336. 405

license under section twelve of said chapter one hundred and
thirty-eight, as amended.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the city council of said
city, subject to the provisions of its charter; but not other-
wise. Approved June 11, 1936.

An Act establishing the maple hillside water district (7/i(jr),336

OF MILLBURY.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Millbury
liable to taxation in said town and residing within the ter-
ritory comprised within the following boundary lines, to
wit : — Beginning at a point on the easterly bank of the
Blackstone river in the boundary line between the city of
Worcester and the town of Millbury, thence running north-
easterly by said boundary a distance of seventeen hundred
and forty-seven and sixteen hundredths feet to a point;
thence at an angle of ninety-eight degrees twenty-two min-
utes, a distance of ten hundred and forty and sixty hun-
dredths feet to a point; thence at an angle of one hundred
and thirty-one degrees fifty-four minutes, twenty-six hun-
dred fifty-seven and eighty-three hundredths feet more or
less to a point on the easterly bank of the Blackstone river;
thence running northerly by the easterly bank of said river
to the point of beginning a distance of twenty-five hundred
seventy-three and thirty-three hundredths feet, more or
less, — shall constitute a water district, and are hereby
made a body corporate by the name of the Maple Hillside
Water District of Millbury, 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 re-
locate and discontinue the same, to regulate the use of such
water and to fix and collect rates to be paid therefor, to as-
sess and raise taxes as provided herein for the payment of
such services, and to defray the necessary expenses of carry-
ing on the business of said district, but subject to all general
laws now or hereafter in force relating to such districts,
except as otherwise provided herein. Said district shall have
power to prosecute and defend all actions relating^to its
property and affairs.

Section 2. For the purposes aforesaid, the district, act-
ing by and through its board of water commissioners herein-
after provided for, may contract with the city of Worcester,
or any other town or city, acting through its water depart- .
ment, or with any water company, or with any other water
district, for whatever water may be required, authority to
furnish the same being hereby granted, and may enter into
such other contracts as may be necessary for the purposes
set forth in section one of this act, and may take by eminent

406 Acts, 1936. — Chap. 336.

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, ar-
tesian or other wells within said town of Millbury not al-
ready appropriated for the purposes of a pubhc 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, holding,
purifying and preserving the purity of the water and for
conveying the same to any part of the 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 state
department of public health, and that the location of and
arrangement of all dams, reservoirs, wells, pumping and
filtration plants and such other works as may be necessary
in carrying out the provisions of this act shall be subject to
the approval of said department. Said district may con-
struct 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
estabhshment and maintenance of filter beds and purifica-
tion 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 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,
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 aqueducts,
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
Millbury. The district shall not enter upon, construct or
lay any aqueduct, 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. 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 oc-
cupy temporarily any lands necessary for the construction
of any work or for any other purpose authorized by this act.
Section 3. Any person sustaining damages in his prop-

Acts, 1936. — Chap. 336. 407

erty 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 purpose of paying the necessary ex-
penses and liabilities incurred for the system of water supply
under 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,
fifty thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Maple Hillside
Water District Loan, Act of 1936. Each authorized issue
shall constitute a separate loan, and such loans shall be pay-
able in not more than thirty years from their dates. Indebt-
edness incurred under this act shall be subject to the pro-
visions of chapter forty-four of the General Laws pertaining
to such districts.

Section 5. The district shall, at the time of authorizing
said loan or loans, provide for the payment thereof in accord-
ance with section four; 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 the district by the assessors of said town
annually thereafter until the debt incurred by said loan or
loans is extinguished.

Section 7. Whenever a tax is duly voted by the 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 receive no benefit in fire insurance grading
therefrom, or both, or if such estate is so situated that the
buildings thereon, or the buildings that might be constructed
thereon, could not be supplied in any ordinary or reasonable
manner with water from said system; but all other estates

408 Acts, 1936. — Chap. 336.

in the district shall be deemed to be benefited and shall be
subject to such tax. A certified list of the estates exempt
from taxation under the provisions of this section shall
annually be sent by said board of water commissioners to
said 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. The
district may collect interest on overdue taxes in the manner
in which interest is authorized to be collected on town
taxes.

Section 8. The first meeting of the voters of the terri-
tory included within the boundaries set forth in section one
shall be called, on petition of ten or more legal voters therein,
by a warrant from the selectmen of said town, or from a
justice of the peace, directed to one of the petitioners, re-
quiring him to give notice of the meeting by posting copies
of the warrant in two or more public places in the district
seven days at least before the time of the meeting. Such
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 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 ac-
cepted 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, after the acceptance of
this act as aforesaid, elect by ballot, either at the same meet-
ing at which this act is accepted or at a special meeting there-
after called for the purpose, three persons, resident taxpayers
of said district, 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 com-
missioners; and at every annual meeting following such next
succeeding annual district meeting one such commissioner
shall be elected by ballot for the term of three years. All the
authority granted to said district by this act, except sections
four and five, and not otherwise specifically provided for,
shall be vested in said board of water commissioners, who
shall be subject, however, to such instructions, rules and regu-
lations as the district may by vote impose. At the meeting
at which said commissioners are first elected and at each
annual district meeting thereafter the district shall elect by
ballot a treasurer of the district, who shall not be a commis-
sioner thereof, and who shall give bond to the district in such
an amount as may be approved by the commissioners. 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

Acts, 1936. — Chap. 336. 409

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 its water works except upon
a written order of said commissioners or a majority of
them.

Section 10. Said commissioners shall fix just and equita-
ble 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 recom-
mend, and in case a surplus should remain after payment for
such new construction the water rates shall be reduced pro-
portionately. Said commissioners shall annually, and as often
as the district may require, render a report upon the con-
dition of the works under their charge, and an account of
their doings, including an account of receipts and expendi-
tures.

Section 11. The district may adopt by-laws prescribing
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 estabUsh
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, stand-
pipe, aqueduct, pipe or other property owned or used by
the 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 of not more than one hundred dollars or by im-
prisonment in jail for not more than one year.

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 and not otherwise served by a public water supply
be included within the limits thereof, and signed by the
owners of such real estate, or a major portion thereof, said
commissioners shall cause a duly warned meeting of the dis-
trict 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 secre-
tary an attested copy of said petition and vote; and there-

410

Acts, 1936. — Chap. 337.

upon 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 accept-
ance by a majority vote of the voters of the district present
and voting thereon at a district meeting called, in accordance
with the provisions of section eight, within three years after
its passage ; but the number of meetings so called in any one
year shall not exceed three. Approved June 11, 1936.

G. L. (Ter.
Ed.), Ill,
§ 69A,
amended.

Admission.s for
treatment of
cancer patients.

Chap. 337 A-N Act incorporating in the general laws existing

PROVISIONS OF LAW RELATIVE TO THE ADMISSION OP PER-
SONS suffering from CANCER TO THE NEW CANCER DIVI-
SION OF THE WESTFIELD STATE SANATORIUM.

Be it enacted, etc., as follows:

Section 1. Section sixty-nine A of chapter one hundred
and eleven of the General Laws, as appearing in the Tercen-
tenary Edition, is hereby amended by inserting after the
word "hospital" in the second line the words: — or to the
cancer division of Westfield state sanatorium, — and by
inserting after the word "hospital" in the seventh line the
words: — or division, — so as to read as follows: — Sec-
tion 69 A. Upon written application of a registered physi-
cian, the department may admit as a patient to the Pond-
ville hospital or to the cancer division of Westfield state
sanatorium, for treatment for cancer, subject to such rules
and regulations as the department may prescribe, any per-
son residing in the commonwealth for at least two years
within the period of three years immediately prior to the
date of such application. Any such patient may be dis-
charged from said hospital or division either upon his own
request or upon determination of the department, but not
otherwise.

Section 2. Section sixty-nine C of said chapter one hun-
dred and eleven, as so appearing, is hereby amended by in-
serting after the word "hospital" in the second, fifteenth,
nineteenth, and thirtieth lines, in each instance, the words:
— or division, — and by inserting after the word "hospi-
tal" in the thirty-fourth line the words: — or of Westfield
state sanatorium, as the case may be, — so as to read as
follows : — Section 69C. The charges for the support of the
patients at said hospital or division shall be at a rate deter-
mined from time to time by the department and shall be
payable at least quarterly. The commissioner may accept
security satisfactory to him for the payment of such charges
for any period of time. Such charges for those not having
known settlements in the commonwealth shall be borne by
it, and may afterwards be recovered by the state treasurer
of the patients, if they are able to pay, or of any person or
kindred bound by law to maintain them, or of the place of

G. L. (Tor.
Ed.), Ill,
§ 690,
amended.

Charges
for support.

Acts, 1936. — Chap. 337. 411

their settlement subsequently ascertained; but recovery of
such charges for any such patient having a known settle-
ment in the commonwealth may be had, at the election of
the department, either from the person or persons bound to
pay them or from the town where such patient had his
settlement, unless security to the satisfaction of the com-
missioner is given for his support. Any suit to recover such
charges shall be brought by the state treasurer to the use
of the hospital or division. The attorney general and dis-
trict attorneys shall upon request bring action to recover
said charges in the name of the state treasurer. A town
which pays the charges or any other sum for the support of
a patient at the hospital or division shall have like rights
and remedies to recover the amount thereof, with interest
and costs, from the town of his settlement or from such per-
son of sufficient ability, or from any person bound by law
to maintain him, as if such charges had been incurred in the
ordinary support of such patient. In any case where the
department elects to recover the charges, as established by
this section, for the support of a patient, from a town of
settlement, such town shall be liable to pay such sum, not
exceeding the cost to the commonwealth, as may be deter-
mined by the department. Sums paid as aforesaid by the
commonwealth or by any town shall not be deemed to have
been paid as state aid or pubHc relief, and no person shall
be deemed to be in receipt of public relief because of his
inability to pay for his support in said hospital or division,
but while receiving such support he shall not acquire or lose,
or be in the process of acquiring or losing, a settlement. In
all proceedings under this section, the sworn written state-
ment of a person that he is the superintendent of said hospi-
tal or of Westfield state sanatorium, as the case may be, or
that he keeps or has custody of records relating to inmates
thereof, and that a certain person has been a duly admitted
patient therein during a certain period at a certain charge,
and that said charge has not been paid in whole or in part,
and the sworn written statement of the commissioner or of
a member of the department that notice of admission of a
certain person was given upon a certain date to the board
of public welfare of the place of settlement of said person
known to or ascertained by said department, that said date
was within thirty days after the place of settlement became
known to or was ascertained by the department, that the
charges for support of such person were determined pur-
suant to the provisions of this section, and that no satis-
factory security was given for his support, shall be prima
facie evidence of the said facts. Approved June 11, 1936.

412 Acts, 1936. — Chap. 338.

Chap.SSS An Act providing for biennial municipal elections in

THE CITY OF PEABODY.

Be it enacted, etc., as follows:

Section 1. Beginning with the year nineteen hundred
and thirty-six, municipal elections in the city of Peabody
for the choice of mayor, members of the city council, mem-
bers of the school committee and trustees of the Peabody
Institute shall be held biennially on the Tuesday next fol-
lowing the first Monday in December in each even-numbered
year.

Section 2. At the biennial municipal election to be held
in said city in the year nineteen hundred and thirty-six and
at every biennial municipal election thereafter, the mayor
and all members of the city council to be elected shall be
elected to serve for two years from the first Monday in
January following their election and until their successors are
qualified. The members of the city council elected by and
from the various wards of said city at the municipal election
held in the year nineteen hundred and thirty-five shall con-
tinue to hold office until the qualification of their successors
who shall be elected at the biennial municipal election in the
year nineteen hundred and thirty-eight.

Section 3. Members of the school committee elected
in the year nineteen hundred and thirty-four shall continue
to hold office until the qualification of their successors who
shall be elected at the biennial municipal election in the year
nineteen hundred and thirty-eight. Members of the school
committee to be elected in the year nineteen hundred and
thirty-six shall be elected to serve for four years from the first
Monday in January following their election and until their
successors are qualified. At the biennial municipal election
in the year nineteen hundred and thirty-eight there shall be
elected four members of the school committee, one to serve
for two years and three to serve for four years from the first
Monday in January following their election and until their
successors are qualified, and thereafter at every biennial
municipal election three members of the school committee
shall be elected to serve for four years from the first Monday
in January following their election and until their successors
are qualified. Vacancies in the school committee shall be
filled as provided in section thirty-six of chapter forty-three
of the General Laws, as appearing in the Tercentenary
Edition thereof.

Section 4. At the biennial municipal election to be held
in the year nineteen hundred and thirty-six, two trustees of
the Peabody Institute, and at every biennial municipal
election thereafter, four such trustees, shall be elected to
serve for six years each from the first Monday in January
following their election and until their successors are qualified.
The trustees elected in the year nineteen hundred and thirty-
one shall continue to hold office until the qualification of

Acts, 1936. — Chap. 339. 413

their successors who shall be elected at the biennial munic-
ipal election in the year nineteen hundred and thirty-eight;
the trustees elected in the year nineteen hundred and thirty-
three shall continue to hold office until the qualification of
their successors who shall be elected at the biennial municipal
election in the year nineteen hundred and forty; and the
trustees elected in the year nineteen hundred and thirty-five
shall continue to hold office until the qualification of their
successors who shall be elected at the biennial municipal
election in the year nineteen hundred and forty-two.

Section 5. So much of chapter three hundred of the
Special Acts of nineteen hundred and sixteen, and acts in
amendment thereof and in addition thereto, as is inconsistent
with this act is hereby repealed.

Section 6. This act shall be submitted for acceptance to
the qualified voters of said city at the annual city election
in the current year in the form of the following question,
which shall be placed upon the 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
elections in the city of Peabody', be accepted?" If a ma-
jority of the votes cast on said question are in the afl&rmative,
this act shall thereupon take full effect; otherwise it shall be
of no effect and the officers elected at said election shall re-
spectively hold office for the terms now provided by law.

Approved June 11, 1936.

An Act making katherine g. bresnahan eligible to re- (Jjidj) 339

CEIVE UPON retirement CERTAIN ALLOWANCES UNDER THE ^'

BOSTON RETIREMENT ACT.

Be it enacted, etc., as follows:

Section 1. The Boston retirement board, established
under chapter five hundred and twenty-one of the acts of
nineteen hundred and twenty-two, as amended, hereinafter
called the board, in determining any retirement allowance to
be paid under the provisions of said chapter, as amended, to
Katherine G. Bresnahan, formerly employed by the com-
monwealth as a clerk in the registry of motor vehicles, and
now employed by the city of Boston as a clerk in the supply
department of said city, upon her retirement, shall compute
the same upon the total of her periods of service in the em-
ploy of the commonwealth and of said city; provided, that
there shall be paid forthwith by said Katherine G. Bresna-
han to the board the sum of six hundred and ninety-one
dollars and thirty-two cents received by her from the state
board of retirement, together with interest equal to that
which would have been earned by said sum from the date
of her leaving the service of the state and entering that of
said city, said amount of interest to be computed by the
board. Upon such retirement there shall be paid by the
commonwealth to the board a sum, to be computed by the

414 Acts, 1936. — Chaps. 340, 341.

board, which shall be equal to the contribution which said
city is then required to make to the retirement reserve fund
on account of that portion of the services of said Katherine
G. Bresnahan rendered to the commonwealth.

Chap. 34:0 An Act relative to the revocation and suspension of

LICENSES FOR THEATRICAL AND LIKE EXHIBITIONS IN THE
city of BOSTON,

Be it enacted, etc., as follows:

Section one of chapter four hundred and ninety-four of
the acts of nineteen hundred and eight, as amended by
section one of chapter three hundred and forty-eight of the
Special Acts of nineteen hundred and fifteen, is hereby fur-
ther amended by striking out the last sentence and inserting
in place thereof the following : — The mayor and the police
commissioner of Boston, and a member of the art commis-
sion of said city to be designated annually in January by
the members thereof, shall be a board with authority by
a majority vote to suspend or revoke any such license at
pleasure, but subject to the following provisions. No such
license shall be revoked or suspended, without a hearing, on
any ground having to do with public morality or decency,
except that such a license may be so suspended on such a
ground for not more than three days, if at or before the time
of ordering such suspension the board orders that a hearing
be held by it, within such three days, upon the question of
revoking or further suspending such license; provided, that
if the holder of such a license, during the period of its sus-
pension, gives any exhibition, show or amusement contrary
to the terms of such a suspension, such license may be re-
voked or further suspended by the board without a hearing.
Notice of any such suspension or revocation, and notice of
a hearing under this section, shall be given to the licensee.
Notice of such a hearing shall also be given to any person
who has complained in writing to the board against the
exhibition, show or amusement on any such ground as is
hereinbefore described, and to any other person whom the
board deems interested. Approved June 11, 1936.

Chap. 34:1 An Act establishing the salary of the commissioner

OF STATE AID AND PENSIONS.

Be it enacted, etc., as follows:

Ed^'6^r22 Section 1. Section twenty-two of chapter six of the

amended. ' General Laws, as appearing in the Tercentenary Edition, is

hereby amended by striking out, in the fourth line, the words

Acts, 1936. — Chap. 342. 415

"five thousand" and inserting in place thereof the words: —
fifty-five hundred, — so as to read as follows: — Section 22. ^t'^^Tlid^''
There shall be an officer to be known as the commissioner and pensions,
of state aid and pensions, who shall be appointed by the terml^akry!'
governor, with the advice and consent of the council, for
three years, at such salary, not exceeding fifty-five hundred
dollars, as the governor and council shall determine. He
shall devote his whole time to the duties of his office. He
shall be state agent for the settlement of pension, bounty,
back pay, compensation and other claims of citizens of the
commonwealth against the government of the United States,
or of any state thereof, on account of military or naval serv-
ice, and he shall assist and advise war veterans, and their
dependents, heirs or legal representatives, with respect to
the fifing, prosecution and settlement of such claims.

Section 2. Any increase in salary authorized under this Effective
act shall take effect only if an appropriation sufficient to
cover the same has been made, and then as of June first in
the current year. Approved June 11, 1936.

An Act authorizing the department of public works Cha7).S4:2

TO ACCEPT IN behalf OF THE COMMONWEALTH GIFTS OF
CERTAIN EASEMENTS FOR THE PURPOSE OF LANDSCAPING
ALONG STATE HIGHWAYS, AND TO DO SUCH LANDSCAPING.

Be it enacted, etc., as follows:

Chapter eighty-one of the General Laws is hereby amended e^^^^^'''
by inserting after section thirteen, as appearing in the Ter- new section
centenary Edition, the following new section: — Section ISA. E^tements
The department may accept in behalf of the commonwealth along state
from owners of lands included in a strip one hundred feet '^^""*y^-
deep bordering on a state highway voluntary gifts by deed
or will of easements in such lands, giving the commonwealth
the right to enter thereon at any time and in any manner
for the purpose of landscaping such land by removing there-
from or rearranging thereon vegetable growths and surface
minerals, by setting out and planting thereon vegetable
growths, by depositing thereon minerals, by rearranging the
contour of the land when deemed advisable, or by any or all
of the foregoing methods. The department may improve
lands in which such easements are granted, so as to carry
out a comprehensive plan of highway beautification, artistic
landscaping and scenic development, to the extent that
appropriations are available therefor.

Such easements shall be accepted only on the condition
that such lands shall remain fully subject to local taxation
to the owners of the fee. Approved June 11, 1936.

416

Acts, 1936. — Chap. 343.

G. L. (Ter.
Ed.). Ill, § 79,
amended.

Contracts for
supplying hos-
pital facilities
for consump-
tives.

Chap.S43 An Act providing for contracts for supplying hospital

FACILITIES FOR TUBERCULOSIS.

Be it enacted, etc., as follows:

Chapter one hundred and eleven of the General Laws is
hereby amended by striking out section seventy-nine, as
appearing in the Tercentenary Edition, and inserting in place
thereof the following : — Section 79. A contract approved
by the department after a petition made to it and a public
hearing thereon, between the county commissioners of any
two or more counties for the express purpose of supplying
within a reasonable time, as provided in the conditions of
approval of the department, and guaranteeing adequate
hospital provision for tubercular patients coming under sec-
tion seventy-eight, shall be deemed satisfactory compliance
with said section for such counties or sections of counties as
are designated in said contract; and such contracts shall,
subject to the approval of the department, be renewable
upon terms satisfactory to the contracting parties; provided,
that the term of any such contract entered into by the county
commissioners shall not exceed three years; and provided,
further, that no such contract shall be approved by the de-
partment unless it provides that arrangements made there-
under shall not be discontinued except after one year's
written notice by one or more of the contracting counties
to the department. If any such contract is not renewed and
approved by the department at least six months before it
expires, or if any such contract is renewed and the depart-
ment shall refuse approval on the ground that by reason of
changed circumstances the contract will be inadequate
properly to protect the public health of the communities
affected by it, and the contracting parties do not, at least
three months before the time when the previous contract
expires, agree to a renewal of the contract upon terms ap-
proved by the department, the duties and obligations relative
to supplying adequate hospital care for such counties or
sections of counties imposed upon county commissioners by
sections seventy-eight to ninety, inclusive, shall be in full
force and effect. The county commissioners of any county
may, in like manner, and subject to the foregoing provisions
relative to renewal, contract with the department, for a term
of not more than three years, for suitable hospital provision,
at not exceeding the actual cost to the commonwealth, for
tubercular patients from such county at any state sanatorium
designated by the department; provided, that no such con-
tract shall be approved by the department unless it provides
that arrangements made thereunder shall not be discontinued
except after one year's written notice by the department to
said county commissioners. No such contract shall be made
by the department unless in its opinion suitable accommoda-
tions can be furnished at such sanatorium for the treatment
and care of such patients without interfering with other

Acts, 1936. — Chaps. 344, 345. 417

functions of such sanatorium. Any such contract with the
department shall be deemed satisfactory compliance with
section seventy-eight.

For the purposes of this section the trustees for the tubercu-
losis hospital district comprising Chelsea, Revere and Win-
throp, referred to in section ninety, shall be considered as
being county commissioners. Approved June 11, 1936.

An Act defining the powers and duties of the special Chav. 34:4:

MILITARY RESERVATION COMMISSION.

Be it enacted, etc., as follows:

Section 1. The special military reservation commission,
established by section one of chapter one hundred and ninety-
six of the acts of nineteen hundred and thirty-five, subject
to such regulations as may be imposed by the governor,
shall have entire jurisdiction over the military reservation
located in Barnstable county.

Section 2. Said commission shall have the following
powers :

(a) To acquire, by purchase, gift or otherwise, land or
rights therein, or other property, in the towns of Sandwich,
Bourne, Falmouth and Mashpee, for the use or training of the
military forces of the commonwealth.

(6) To close all roads crossing said military reservation,
and to exclude all persons from any part or parts thereof, for
such periods as may, in its opinion, be necessary for the
training of the military forces of the commonwealth.

(c) To grant, with the approval of the governor, over or
across said military reservation, such locations as shall, in
the opinion of said commission, be required by public con-
venience for telephone, telegraph, electric light or power
transmission lines or for other public utilities, and said com-
mission may execute such papers as may be necessary there-
for; provided, that said commission, with the approval of
the governor, may revoke a location so granted, but upon any
such revocation the grantee of the location shall have the
same right to damages as is provided b}^ law in the case of
takings by eminent domain, and no such revocation shall
become effective until an appropriation for the payment of
such damages, if any, shall have been made by the general
court. Approved June 11, 1936.

An Act relative to the regulation of the use of the (jjiny 345

HIGHWAYS BY MOTOR VEHICLES TRANSPORTING PROPERTY ^'

IN THE COMMONWEALTH, AND TO THE SUPERVISION AND
CONTROL OF SUCH MOTOR VEHICLES AND SUCH TRANS-
PORTATION.

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

418

Acts, 1936. — Chap. 345.

G. L. (Ter.
Ed.), 159B, §2,
etc., amended.

Schedule of
rates, etc., to
be filed with
department of
public utilities.

G. L. (Ter.
Ed.), 159B, § 6,
etc., amended.

Department
to make
rules, etc.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and fifty-nine B of the
General Laws, as appearing in section one of chapter two
hundred and sixty-four of the acts of nineteen hundred
and thirty-four, is hereby amended by striking out section
two and inserting in place thereof the following : — Section
2. Every person required to procure a certificate under
section one shall file with the department in the form and
manner prescribed by the department a schedule or schedules
showing the rates or charges for transportation to be rendered
or furnished within the commonwealth and showing the
terminal or other services included therein. Such rates shall
be just and reasonable and shall be reasonably compensa-
tory, except that a rate may be established to meet the exist-
ing rate of a competing common carrier. No person shall
charge, demand, exact, receive or collect for any service
rendered an amount greater or less than the rate specified
in such schedule or schedules, nor shall any such carrier re-
fund or remit in any manner by any device any portion of the
rate so specified, nor make or give any unreasonable prefer-
ence or advantage to any person, nor furnish to any person
any terminal or other service not included in the filed rate
at less than a compensatory charge, nor subject any person
to any unreasonable prejudice or discrimination. Rates
may be changed on thirty days' notice to the department,
but the department may allow changes without requiring
such thirty days' notice, and where such change is made to
meet the existing rate of a competing common carrier, shall
allow said change forthwith. The department may, on
complaint of any interested party, after notice and hearing,
allow or disallow, alter or prescribe such rates. Every such
person shall be subject to such orders, rules and regulations
as shall be adopted and promulgated by the department
under the authority of this chapter, after public hearing, and
to the general supervision, control and jurisdiction of the
department.

Section 2. Said chapter one hundred and fifty-nine B,
as so appearing, is hereby further amended by striking out
section six and inserting in place thereof the following: —
Section 6. The department of its own motion may, and on
petition of any interested party after a public hearing shall,
prescribe rules and regulations covering the operation of
contract carriers in competition with common carriers over
the public ways within the commonwealth, and prescribe
the minimum rates and charges of contract carriers in compe-
tition with such common carriers to be collected by such
contract carriers. Said rates and charges of contract carriers
in general shall not be less than those charged by such com-
mon carriers for substantially the same or similar service.
The department shall have authority to require every con-
tract carrier, or every contract carrier falling within such
reasonable classifications as the department may from time

Acts, 1936. — Chap. 345. 419

to time establish, to file with the department, in the form
and manner prescribed by the department, schedules or, in
the discretion of the department, copies of contracts con-
taining the minimum charges of such carriers for the trans-
portation of property, and showing the kind and character
of terminal or other services included therein. Such minimum
charges may be changed on thirty days' notice to the depart-
ment but the department may allow changes without requir-
ing such thirty days' notice. Nothing in this section shall
apply to the transportation of property by motor vehicle
for any common carrier when the rate charged the public for
transportation of such property is already published and filed
with the department.

Section 3. Said chapter one hundred and fifty-nine B, gj^- [^^^^ ^ ^^
as so appearing, is hereby further amended by striking out etc., 'amended. '
section seven and inserting in place thereof the following : —
Section 7. Each application for a certificate or permit shall ^tc''fi^suance
be made in writing in such form as the department may pre- of. '
scribe, shall be verified by oath or written declaration that
it is made under the penalties of perjury, shall contain such
information as the department may require and shall be
accompanied by a fee of ten dollars. A distinguishing plate
shall be prescribed and furnished by the department annually
for each of the vehicles which are reasonably necessary for
the conduct of the business of the holder of the certificate or
permit, and there shall be displayed upon each motor vehicle
operated under any provision of this chapter the plate so
furnished for such vehicle. Transfer of such plate from one
vehicle to another is prohibited except upon authority and
consent of the department. The annual charge for each plate
shall be one dollar. Any such certificate or any such permit
issued as aforesaid may be assigned and transferred in whole
or in part, with the approval and consent of the department,
by the holder, his assignee, receiver or trustee, or by the
holder's personal representative or the surviving partner or
partners or the deceased partner's personal representative to
whom the rights and privileges under said certificate or per-
mit shall pass at the death of said holder. The department
is hereby authorized to prescribe the conditions precedent
to such transfer and make any necessary rules and regulations
pertaining thereto, including the payment of a fee not exceed-
ing one dollar for the approval of the transfer, in whole or
in part, of a permit and a fee of not exceeding five dollars for
the approval of the transfer, in whole or in part, of a certifi-
cate. The department may revoke, or suspend for such
period of time as it may deem fit, any certificate or permit
in whole or in part for wilful and repeated violations of any
provision of this chapter or of the regulations of the depart-
ment made under authority thereof, after a hearing, at least
ten days' notice of which shall be given to the holder of the
certificate or permit. Any such certificate or permit shall
remain in effect unless and until revoked by the department

420

Acts, 1936. — Chap. 345.

G. L. (Ter.
Ed.), 159B, §9,
etc., amended.

Penalty.

G. L. (Ter.
Ed.), 159B,
§ 10, etc.,
amended.

Exemptions.

G. L. (Ter.
Ed.), 159B,
new section
lOA, added.

as herein provided, but subject, however, to suspension as
aforesaid.

Section 4. Said chapter one hundred and fifty-nine B,
as so appearing, is hereby further amended by striking out
section nine and inserting in place thereof the following : —
Section 9. It shall be unlawful for any driver to operate
any motor vehicle used for the transportation of property
on the public ways within the commonwealth, or for the
owner of the vehicle to require or permit any driver so to
operate the same, at any time after the driver has been con-
tinuously on duty for twelve hours and before he shall have
had at least eight consecutive hours off duty, or at any time
after the driver has been on duty sixteen hours in the aggre-
gate in any twenty-four hour period and before he shall
have had ten consecutive hours off duty. Periods of release
from duty herein required shall be given at such place and
under such circumstances that rest and relaxation from the
strain of the duties of the employment may be obtained.
No period off duty shall be deemed to break the continuity
of service unless it be for at least three consecutive hours
at a place where there is opportunity for a rest. In case of
flood, storm or other unforeseen emergency, the driver may
complete his run or tour of duty if such run or tour of duty
would reasonably have been completed without a violation
of this section except for the delay caused by such emergency,
or may make deliveries of necessaries of life notwithstanding
the foregoing provisions of this section.

Wherever used in this section the word "driver" shall
mean any person operating a motor vehicle used for the
transportation of property, whether the owner or lessee of
the vehicle, or his employee, agent, servant or licensee.

The department shall have authority to make such rules
and regulations as it deems necessary or advisable to insure
proper enforcement of the provisions of this section.

Section 5. Said chapter one hundred and fifty-nine B,
as so appearing, is hereby further amended by striking out
section ten and inserting in place thereof the following: —
Section 10. There shall be exempted from the provisions of
this chapter, other than the provisions of section nine,
(1) motor vehicles while engaged exclusively in work for
any branch of the government of the United States or for
any department of the commonwealth, or for any county,
city, town or district thereof, and (2) motor vehicles while
engaged exclusively in the delivery of the United States
mail; and there shall be exempted from the provisions of
said section nine motor vehicles while engaged exclusively
in work for any branch of the government of the United
States, including the delivery of the United States mail, to
such extent, if any, as may be required under the constitu-
tion and laws of the United States.

Section 6, Said chapter one hundred and fifty-nine B,
as so appearing, is hereby further amended by inserting
after section ten the following new section: — Section 10 A.

Acts, 1936. — Chaps. 346, 347. 421

No person whether carrier, shipper, consignee or broker, and prohibited
no officer, employer, agent or representative thereof, (1) shall
knowingly offer, grant, or give, or solicit, accept or receive,
any rebate, concession or discrimination in violation of any
provision of this chapter, or (2) by means of any false state-
ment or representation, or by the use of any false or ficti-
tious bill, bill of lading, receipt, voucher, roll, account,
claim, certificate, affidavit, deposition, lease or bill of sale,
or by any other means or device, shall knowingly and wil-
fully assist, suffer or permit any person or persons to obtain
transportation of property subject to this chapter for less
than the applicable rate or charge, or (3) shall knowingly
and wilfully by any such means or otherwise fraudulently
seek to evade or defeat regulation as in this chapter provided.

Approved June 16, 1936.

An Act providing for the admission of persons crippled QJku) 345
BY infantile paralysis (poliomyelitis) to lakeville ^'

STATE SANATORIUM.

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

Be it enacted, etc., as follows:

Section 1. Section sixty-five A of chapter one hundred Ej^^jf-
and eleven of the General Laws is hereby amended by insert- § e'sl,
ing after the word "tuberculosis" in the second line the ^""''"^^^■
words : — , and persons crippled by poliomyelitis (infantile
paralysis), — so as to read as follows: — Section 65 A. The Treatment of
department may admit to the Lakeville state sanatorium p" ralysfs at
persons suffering from extra-pulmonary tuberculosis, and ^a^n'^jV^i^^'^*®
persons crippled by poliomyelitis (infantile paralysis); pro-
vided, that no person shall be admitted who has not been a
resident of the commonwealth for at least twelve months
preceding the date of his application for admission, and that
preference shall be given to citizens of the commonwealth.

Section 2. All the provisions of section sixty-six of said Application of
chapter one hundred and eleven shall apply to persons ad-
mitted to the Lakeville state sanatorium under authority of
this act. Approved June 15, 1936.

An Act relative to the expenditure for care of (JJiaj) 347
crippled children of certain federal funds to be
allotted to the commonwealth under the social
security act, so called.

Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, it is therefore declared to be an emer- p^'eambie.
gency law necessary for the preservation of the public health
and convenience.

422 Acts, 1936. — Chaps. 348, 349.

Be it enacted, etc., as follows:

Section one of chapter four hundred and ninety-four of the
acts of nineteen hundred and thirty-five is hereby amended
by striking out the comma in the twelfth line and inserting
in place thereof the words : — and the, — by striking out,
in the twelfth and thirteenth lines, the words "and the care
of crippled children", — and by inserting after the word
"services" in the sixteenth line the words: — , the care of
crippled children, — so as to read as follows : — Section 1 .
The departments of public welfare, pubhc health and edu-
cation shall co-operate with the appropriate federal authori-
ties in the administration of the act of congress approved in
August in the current year, known as the Social Security
Act, and accept for the commonwealth the benefits thereof,
and the state treasurer shall be the custodian of the funds
allotted to the commonwealth under the provisions of said
act. The funds so allotted shall be expended without specific
appropriation under the order of the commissioner of pubhc
welfare in carrying out the provisions of said act so far as
they relate to mothers' aid, old age assistance and the care
of homeless or neglected children; under the order of the
commissioner of public health in carrying out the provisions
of said act so far as they relate to maternal and child health
services, the care of crippled children and public health work,
and under the order of the commissioner of education in
carrying out the provisions of said act so far as they relate
to vocational rehabilitation and aid to the blind.

Approved June 15, 1936.

Chap. ^4:8 An Act reviving the capitol amusement co. of Law-
rence, INC.

Emergency Whercas, The deferred operation of this act would in

pream e. ^^^^ 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 folloivs:

The Capitol Amusement Co. of Lawrence, Inc., a corpo-
ration dissolved by section one of chapter one hundred and
forty-eight of the acts of nineteen hundred and thirty-three,
is hereby revived with the same powers, duties and obliga-
tions as if said chapter had not been passed.

Approved June 16, 1936.

Chap. 349 An Act authorizing the city of haverhill to incur
indebtedness for fire alarm and police signal sys-
tem PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of erecting and originally
equipping a fire alarm signal system building and of making
certain necessary repairs to the existing fire alarm and police

Acts, 1936. — Chap. 350. 423

signal systems, the city of Haverhill 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, eighty-five thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words,
Haverhill Fire Alarm and Police Signal Systems Loan, Act
of 1936. 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 in excess of 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 para-
graph of section seven thereof.

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

Approved June 16, 1936.

An Act making appropriations for the ivlaintenance (JJku) 350
OF 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 Emergency
substantial inconvenience, therefore it is hereby declared to p""^^'"^'^-
be an emergency law, necessary for the immediate preserva-
tion of the pubUc convenience.

Be it enacted, etc., as follows:

Section 1. The following sums are hereby appropriated
for the counties hereinafter specified for the year nineteen
hundred and thirty-six. No direct drafts against the ac-
count known as the reserve fund shall be made, but trans-
fers from this account to other accounts may be made to
meet extraordinary or unforeseen expenditures upon the re-
quest 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

seven thousand thirty-three dollars and seventy-
five cents $7,033 75

2 For reduction of county debt, a sum not exceeding

forty-one thousand dollars .... 41,000 00

3 For salaries of county officers and assistants, a sum

not exceeding twenty-one thousand one hundred

and thirty dollars 21,130 00

4 For clerical assistance in county offices, a sum not

exceeding eleven thousand three hundred and

ninety dollars 11,390 00

5 For salaries and expenses of district courts, a sum

not exceeding twenty-four thousand and forty-
five dollars 24,045 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correc-
tion, a sum not exceeding thirty-four thousand
dollars 34,000 00

424 Acts, 1936. — Chap. 350.

Item

7 For criminal costs in superior court, a sum not ex-

ceeding eleven thousand dollars .... $11,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding six thou-
sand five hundred dollars ..... 6,500 00

10 For transportation and expenses of county and as-

sociate 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 two thousand dollars . 2,000 00

12 For auditors, masters and referees, a sum not ex-

ceeding five thousand dollars .... 5,000 00

14 For repairing, furnishing and improving county

buildings, a sum not exceeding seven thousand

and sixtj^-one dollars ..... 7,061 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum
not exceeding fourteen thousand three hundred
and five dollars 14,305 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding eighty-three

thousand one hundred and fifty dollars . . 83,150 00

17 For law libraries, a sum not exceeding five hundred

dollars 500 00

18 For training school, a sum not exceeding two hundred

and fifty dollars 250 00

19 For county aid to agriculture, a sum not exceeding

twelve thousand three hundred and eighty-six

doUars 12,386 00

20 For sanatorium, a sum not exceeding sixty thousand

dollars 60,000 00

20a For health service, a sum not exceeding eleven thou-
sand and eighty dollars ..... 11,080 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

current year, a sum not exceeding three thousand

six hundred dollars ...... 3,600 00

23a For unpaid bills of previous years, a sum not exceed-
ing one thousand dollars ..... 1,000 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 thou-

sand 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
provided by law, the sum of two hundred seventy
thousand eight hundred ninety-two dollars and
five cents, to be expended, together with the cash
balance on hand and the receipts from other sources,
for the above purposes ..... $270,892 05

Berkshire County.

For interest on county debt, a sum not exceeding one

thousand five hundred dollars .... $1,500 00

For reduction of county debt, a sum not exceeding

seventeen thousand dollars .... 17,000 00

For salaries of county officers and assistants, a sum
not exceeding twenty-nine thousand seven hun-
dred and twenty dollars 29,720 00

For clerical assistance in county offices, a sum not

exceeding thirteen thousand five himdred dollars , 13,500 00

Acts, 1936. — Chap. 350. 425

Item

5 For salaries and expenses of district courts, a sum not

exceeding forty-six thousand dollars . . . $46,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jaUs and houses of correc-
tion, a sum not exceeding forty thousand five hun-
dred doUars 40,500 00

7 For criminal costs in superior court, a sum not ex-

ceeding thirteen thousand five hundred dollars . 13,500 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding thirteen

thousand doUars 13,000 00

10 For transportation and expenses of county and asso-

ciate commissioners, a sum not exceeding one thou-
sand eight hundred dollars .... 1,800 00

11 For medical examiners, inquests and commitments of

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

12 For auditors, masters and referees, a sum not exceed-

ing three thousand five hundred dollars . . 3,500 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding eleven thousand dollars 11,000 00

15 For care, fuel, lights and supplies in county buUdings,

other than jaUs 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 six
thousand seven hundred dollars .... 106,700 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

doUars 3,000 00

18 For training school, a sum not exceeding one thou-

sand doUars 1,000 00

19 For county aid to agriculture, a sum not exceeding

eleven thousand doUars ..... 11,000 00

20 For the sanatorium (Hampshire County), a sum not

exceeding ten thousand eight hundred dollars . 10,800 00

21 For the care and maintenance of Greylock state reser-

vation, a sum not exceeding eleven thousand dol-
lars 11,000 00

21a For the care and maintenance of Mount Everett state
reservation, a sum not exceeding one thousand five
hundred dollars 1,500 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 doUars ...... 2,500 00

23a For unpaid bUls of previous years, a sum not exceed-
ing five hundred doUars ..... 600 00

24 For a reserve fund, a sum not exceeding six thousand

dollars 6,000 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 thirty-four
thousand six hundred twenty-seven doUars and
ninety-seven cents, to be expended, together with
the cash balance on hand and the receipts from
other sources, for the above purposes . . . $334,627 97

Bristol County.

1 For interest on county debt, a sum not exceeding six

thousand one hundred dollars .... $6,100 00

426 Acts, 1936. — Chap. 350.

Item

2 For reduction of county debt, a sum not exceeding

forty thousand dollars $40,000 00

3 For salaries of county officers and assistants, a sum

not exceeding forty-eight thousand five hundred

dollars 48,500 00

4 For clerical assistance in county offices, a sum not ex-

ceeding thirty-seven thousand dollars . . . 37,000 00

5 For salaries and expenses of district courts, a sum not

exceeding one hundred and twenty thousand dollars 120,000 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 dollars 73,000 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 and expenses of county and asso-

ciate commissioners, a sum not exceeding one thou-
sand five hundred dollars ..... 1,500 00

1 1 For medical examiners, inquests and commitments of

the insane, a sum not exceeding seventeen thousand

dollars 17,000 GO

12 For auditors, masters and referees, a sum not exceed-

ing seven thousand dollars .... 7,000 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 jails and houses of correction, a sum not

exceeding forty-seven thousand dollars . 47,000 00

16 For highways, including state highway's, bridges and

land damages, a sum not exceeding fifty-five thou-
sand nine hundred and seventy-five dollars . 55,975 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

dollars 6,000 00

19 For the agricultural school, a sum not exceeding fifty-

four thousand dollars ..... 54,000 00

22 For pensions, a sum not exceeding eleven thousand

dollars 11,000 00

23 For miscellaneous and contingent expenses of the cur-

rent year, a sum not exceeding two thousand dol-
lars 2,000 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 pro-
vided by law, the sum of five hundred and two
thousand and twenty-five dollars, to be expended,
together with the cash balance on hand and the re-
ceipts from other sources, for the above purposes . $502,025 00

Dukes County.

1 For interest on county debt, a sum not exceeding two

thousand four hundred dollars .... $2,400 00

2 For reduction of county debt, a sum not exceeding

thirteen thousand five hundred dollars . . 13,500 00

3 For salaries of county officers and assistants, a sum

not exceeding six thousand one hundred dollars . 6,100 00

Acts, 1936. — Chap. 350. 427

Item

4 For clerical assistance in county offices, a sum not ex-

ceeding one thousand eight hundred dollars . . $1,800 00

5 For salaries and expenses of district courts, a sum not

exceeding four thousand two hundred dollars 4,200 00

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, a
sum not exceeding one thousand nine hundred dol-
lars 1,900 00

7 For criminal costs in superior court, a sum not exceed-

ing two thousand five hundred dollars. . . 2,500 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 and expenses of county and asso-

ciate commissioners, a sum not exceeding three

hundred dollars 300 00

11 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 one thousand dollars . 1,000 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 ten thousand

five hundred dollars 10,500 00

17 For law library, a sum not exceeding two hundred 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 six thousand dollars .... 6,000 00

21 For the Gay Head reservation, a sum not exceeding

one hundred dollars ...... 100 GO

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 six hundred and fifty dollars .... 650 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 forty-eight thou-
sand five hundred ninety-seven dollars and forty-
five cents, to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes .... $48,597 45

Essex County.

1 For interest on county debt, a sum not exceeding two

thousand two hundred and fifty dollars . . $2,250 00

2 For reduction of county debt, a sum not exceeding

sixty thousand dollars 60,000 00

3 For salaries of county officers and assistants, a sum

not exceeding sixty-two thousand dollars . . 62,000 00

4 For clerical assistance in county offices, a sum not ex-

ceeding one hundred three thousand eight hundred

dollars 103,800 00

5 For salaries and expenses of district courts, a sum not

exceeding two hundred one thousand two hundred

and fifty dollars 201,250 00

428 Acts, 1936. — Chap. 350.

Item

6 For salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, a
sum not exceeding ninety-one thousand four hun-
dred dollars $91,400 00

7 For criminal costs in the superior court, a sum not

exceeding seventy thousand dollars . . 70,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding eighty-
three thousand seven hundred dollars . . 83,700 00

9 For trial justices, a sum not exceeding five thousand

dollars 5,000 00

10 For transportation and expenses of county and asso-

ciate commissioners, a sum not exceeding two

thousand dollars 2,000 00

11 For medical examiners, inquests and commitments

of insane, a sum not exceeding sixteen thousand

doUars 16,000 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

buildings, a sum not exceeding twenty-three thou-
sand one hundred and fifty dollars . . . 23,150 00

15 For care, fuel, lights and supplies in county build-

ings, other than jails and houses of correction, a sum
not exceeding seventy-one thousand and fifty
dollars 71,050 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding three hundred

and fourteen thousand dollars .... 314,000 00

17 For law libraries, a sum not exceeding eleven thou-

sand dollars 11,000 00

18 For training school, a sum not exceeding forty-nine

thousand five hundred dollars .... 49,500 00

19 For the agricultural school, a sum not exceeding one

hundred and sixty-eight thousand dollars . . 168,000 00

19a For a playground at the agricultural school, a sum

not exceeding ten thousand dollars . . 10,000 00

22 For pensions, a sum not exceeding eight thousand

five hundred dollars 8,500 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding five thousand

five hundred dollars ...... 5,500 00

23a For unpaid bills of previous years, a sum not ex-
ceeding two thousand dollars .... 2,000 00

24 For a reserve fund, a sum not exceeding ten thou-

sand 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 and
eighty-seven thousand dollars, to be expended,
together with the cash balance on hand and the
receipts from other sources, for the above pur-
poses $987,000 00

Franklin County.

1 For interest on county debt, a sum not exceeding

thirteen thousand five hundred dollars . . $13,500 00

2 For reduction of county debt, a sum not exceeding

twenty-five thousand dollars .... 25,000 00

3 For salaries of county officers and assistants, a sum

not exceeding eighteen thousand eight hundred

twenty dollars 18,820 00

Acts, 1936. — Chap. 350. 429

Item

4 For clerical assistance in county offices, a sum not

exceeding seven thousand seven hundred and

sixty dollars $7,760 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

support of prisoners in jails and houses of correc-
tion, a sum not exceeding twenty-five thousand
seven hundred dollars ..... 25,700 00

7 For criminal costs in superior court, a sum not exceed-

ing ten thousand dollars ..... 10,000 00

8 For civU expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding ten

thousand dollars 10,000 00

10 For transportation and expenses of county and asso-

ciate commissioners, a sum not exceeding seven

hundred and fifty dollars 750 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

buildings, a sum not exceeding two thousand five

hundred dollars 2,500 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum
not exceeding fourteen thousand five hundred
doUars 14,500 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding thirty-two

thousand dollars 32,000 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 two thousand

six hundred dollars 2,600 00

19 For county aid to agriculture, a sum not exceeding

nine thousand five hundred dollars . . . 9,500 00

20 For the sanatorium (Hampshire County), a sum not

exceeding eight thousand two hundred ninety-eight
dollars and fifty-three cents .... 8,298 53
20a For the Greenfield health camp (chapter 354, Acts of

1928), a sum not exceeding two thousand doUars 2,000 00

21 For the Mount Sugar Loaf state reservation, a sum

not exceeding one thousand seven hundred dollars 1,700 00

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 pro-
vided by law, the sum of one hundred eighty thou-
sand nine doUars and eighty-three cents, to be ex-
pended, together with the cash balance on hand
and the receipts from other sources, for the above
purposes $180,009 83

430 Acts, 1936. — Chap. 350.

Hampden County.

Item

1 For interest on county debt, a sum not exceeding fifty-

one thousand dollars ...... $51,000 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-nine thousand dollars . . 49,000 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 fifteen thousand dol-
lars 115,000 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-four thousand
dollars 84,000 00

7 For criminal costs in superior court, a sum not e.x-

ceeding 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 and expenses of county and asso-

ciate commissioners, a sum not exceeding one thou-
sand dollars 1,000 00

1 1 For medical examiners, inquests and commitments of

the insane, a sum not exceeding thirteen thousand

dollars 13,000 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

buildings, a sum not exceeding twenty-eight thou-
sand five hundred dollars 28,500 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not

exceeding sixty thousand dollars . . 60,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred
and twenty-three thousand dollars . . . 123,000 00

16a For examination of dams, a sum not exceeding three

thousand dollars 3,000 00

17 For law libraries, a sum not exceeding nine thousand

dollars 9,000 00

18 For training school, a sum not exceeding twenty-six

thousand dollars 26,000 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 eighty-five dollars
and twenty-one cents ..... 17,085 21

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 six hundred fifty-six dollars

and sixty- two cents ...... 12,656 62

22 For pensions, a sum not exceeding six thousand dollars 6,000 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding four thousand
six hundred sixteen dollars and thirty-one cents . 4,616 31

23a For unpaid bills of previous years, a sum not exceed-
ing one thousand dollars ..... 1,000 00

Acts, 1936. — Chap. 350.

431

Item

For a reserve fund, a sum not exceeding ten thousand

dollars $10,000 00

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 and
forty-seven thousand dollars, to be expended, to-
gether with the cash balance on hand and the re-
ceipts from other sources, for the above purposes . $747,000 00

Hampshire County.

1 For interest on county debt, a sum not exceeding

five thousand dollars $5,000 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-one thousand dollars . . 21,000 00

4 For clerical assistance in county offices, a sum not

exceeding 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-five thousand dollars 25,000 00

7 For criminal costs in superior court, a sum not ex-

ceeding sixteen thousand dollars . . . 16,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding fourteen

thousand dollars 14,000 00

10 For transportation and expenses of county and as-

sociate commissioners, a sum not exceeding one

thousand dollars 1,000 00

11 For medical examiners, inquests and commitments

of insane, a sum not exceeding three thousand five

hundred doUars 3,500 00

12 For auditors, masters and referees, a sum not exceed-

ing four thousand five hundred dollars . . 4,500 00

14 For repairing, furnishing and improving county build-

ings, a sum not exceeding seven thousand five hun-
dred dollars 7,500 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 fiJFty thousand

dollars 50,000 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 twelve thou-

sand eight hundred dollars .... 12,800 00
20a For the preventorium, a sum not exceeding two thou-
sand dollars 2,000 00

21 For state reservations, a sum not exceeding two thou-

sand three hundred dollars .... 2,300 00

22 For pensions, a sum not exceeding two thousand six

hundred and twenty-five dollars . . 2,625 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding four thousand

five hundred dollars ...... 4,500 00

23a For unpaid bills of previous years, a sum not ex-
ceeding ninety-thxee dollars and twenty-five cents . 93 25

432 Acts, 1936. — Chap. 350.

Item

24 For a reserve fund, a sum not exceeding four thou-
sand five hundred dollars ..... $4,500 00
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 six thou-
sand six hundred thirteen dollars and fifty-nine
cents, to be expended, together with the cash bal-
ance on hand and the receipts from other sources,
for the above purposes ..... $206,613 59

Middlesex County.

1 For interest on county debt, a sum not exceeding

fifty-one thousand dollars $51,000 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 five hundred

dollars 80,500 00

4 For clerical assistance in county offices, a sum not

exceeding two hundred and thirty-five thousand

dollars 235,000 00

5 For salaries and expenses of district courts, a sum not

exceeding three hundred and sixty thousand dollars 360,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correc-
tion, a sum not exceeding two hundred and eighty-
five thousand dollars 285,000 00

7 For criminal costs in superior court, a sum not ex-

ceeding two hundred and ten thousand dollars . 210,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding one

hundred and thirty thousand dollars . . . 130,000 00

9 For trial justices, a sum not exceeding one thousand

dollars 1,000 00

10 For transportation and expenses of county and asso-

ciate 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 thirty-five thousand dollars .... 35,000 00

14 For repairing, furnishing and improving county

buildings, a sum not exceeding seventy-eight thou-
sand dollars 78,000 00

15 For care, fuel, lights and supplies 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

and seventy-five thousand dollars . . 375,000 00

17 For law libraries, a sum not exceeding eleven thousand

dollars 11,000 00

18 For training school, a sum not exceeding seventy-four

thousand dollars 74,000 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 ex-

ceeding fourteen thousand dollars . . . 14,000 00

22 For pensions, a sum not exceeding thirty-two thou-

sand dollars 32,000 00

Acts, 1936. — Chap. 350. 433

Item

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding ten thousand

doUars $10,000 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 twelve thou-

sand dollars 12,000 00

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
provided by law, the sum of two million twenty-
seven thousand one hundred sixty-four dollars
and seventy-four cents, to be expended, together
with the cash balance on hand and the receipts
from other sources, for the above purposes . . $2,027,164 74

Norfolk 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

one thousand five hundred forty-four doUars and

twelve cents ....... 1,544 12

3 For salaries of county officers and assistants, a sum

not exceeding thirty-six thousand five hundred

dollars 36,500 00

4 For clerical assistance in county offices, a sum not

exceeding seventy-eight thousand dollars . . 78,000 00

5 For salaries and expenses of district and municipal

courts, a sum not exceeding one hundred forty

thousand dollars 140,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correction,

a sum not exceeding seventy-five thousand dollars 75,000 00

7 For criminal costs in superior court, a sum not ex-

ceeding seventy thousand dollars . . . 70,000 00

8 For civil expenses in supreme judicial, superior, pro-

bate and land courts, a sum not exceeding thirty-
five thousand dollars ..... 35,000 00

10 For transportation and expenses of county and asso-

ciate commissioners, a sum not exceeding one thou-
sand dollars 1,000 00

11 For medical examiners, inquests and commitments

of insane, a sum not exceeding twelve thousand

five hundred dollars 12,500 00

12 For auditors, masters and referees, a sum not exceed-

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

13 For building county buildings and purchase of land, a

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

14 For repairing, furnishing and improving county

buildings, a sum not exceeding twenty-five thou-
sand eight hundred dollars .... 25,800 00

15 For care, fuel, lights and supplies in county build-

ings, other than jails and houses of correction, a

sum not exceeding seventy-one thousand dollars . 71,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding fifty-one thou-
sand dollars 51,000 00

17 For law libraries, a sum not exceeding two thousand

dollars 2,000 00

18 For training school, a sum not exceeding ten thou-

sand dollars 10,000 00

19 For the agricultural school, a sum not exceeding

seventy-two thousand four hundred and twenty

dollars 72,420 00

434 Acts, 1936. — Chap. 350.

Item

22 For pensions, a sum not exceeding twelve thousand

dollars $12,000 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding five thousand
eight hundred ninety-five dollars and forty-six cents 5,895 46
23a For unpaid bills of previous years, a sum not ex-
ceeding four thousand dollars .... 4,000 00

24 For a reserve fund, a sum not exceeding ten thou-

sand dollars 10,000 00

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 pro-
vided by law, the sum of five hundred twenty-eight
thousand five hundred dollars, to be expended, to-
gether with the cash balance on hand and the re-
ceipts from other sources, for the above purposes . $528,500 00

Plymouth County.

1 For interest on county debt, a sum not exceeding

eleven thousand two hundred and fifty dollars . $11,250 00

2 For reduction of county debt, a sum not exceeding

thirty-seven thousand two hundred and fifty

dollars 37,250 00

3 For salaries of county officers and assistants, a sum

not exceeding thirty thousand five hundred dollars 30,500 00

4 For clerical assistance in county offices, a sum not

exceeding twenty-five thousand nine hundred

dollars 25,900 00

5 For salaries and expenses of district courts, a sum

not exceeding seventy-two thousand one hundred

dollars 72,100 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correc-
tion, a sum not exceeding ninety-seven thousand
dollars 97,000 00

7 For criminal costs in superior court, a sum not ex-

ceeding forty-two thousand five hundred dollars . 42,500 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 and expenses of county and asso-

ciate commissioners, a sum not exceeding two

thousand dollars . . . . 2,000 00

11 For medical examiners, inquests and commitments

of insane, a sum not exceeding five thousand five

hundred dollars 5,500 00

12 For auditors, masters and referees, a sum not exceed-

ing ten thousand dollars ..... 10,000 00

14 For repairing, furnishing and improving county

buildings, a sum not exceeding thirteen thousand

eight hundred dollars 13,800 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 one hundred
dollars 27,100 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding ninety-four

thousand five hundred dollars .... 94,500 00

17 For law libraries, a sum not exceeding three thousand

dollars 3,000 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

Acts, 1936. — Chap. 350. 435

Item

22 For pensions, a sum not exceeding one thousand

eight hundred and fifty-five dollars . . . $1,855 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding two thousand
ninety-two dollars and ninety-six cents . . 2,092 96

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 twenty-
three thousand five hundred dollars, to be ex-
pended, together with the cash balance on hand
and the receipts from other sources, for the above
purposes S423,500 00

Worcester County.

1 For interest on county debt, a sum not exceeding one

thousand seven hundred dollars .... $1,700 00

3 For salaries of county officers and assistants, a sum not

exceeding fifty-nine thousand four hundred dollars 59,400 00

4 For clerical assistance in county offices, a sum not ex-

ceeding eighty-one thousand seven hundred dollars 81,700 00

5 For salaries and expenses of district courts, a sum

not exceeding one hundred and sixty-nine thousand

doUars 169,000 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 hundred and six
thousand dollars 106,000 00

7 For criminal costs in superior court, a sum not ex-

ceeding 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-
four thousand dollars 74,000 00

9 For trial justices, a sum not exceeding one thousand

dollars 1,000 00

10 For transportation and expenses of county and asso-

ciate commissioners, a sum not exceeding three

thousand four hundred and 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

buildings, a sum not exceeding twenty-five thou-
sand dollars 25,000 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 three hundred
forty-two thousand five hundred and seventy-five
doUars 342,575 00

17 For law libraries, a sum not exceeding thirteen thou-

sand two hundred dollars ..... 13,200 00

18 For training school, a sum not exceeding twenty-one

thousand dollars 21,000 00

19 For county aid to agriculture, a sum not exceeding

forty-three thousand five hundred and fifty dollars 43,550 00
20a For the preventorium, a sum not exceeding three

thousand dollars 3,000 00

436

Acts, 1936. — Chap. 351.

Item

21 For state reservations, a sum not exceeding twenty-

four thousand dollars $24,000 00

22 For pensions, a sum not exceeding sixteen thousand

doUars 16,000 00

23 For miscellaneous and contingent expenses of the

current year, a sum not exceeding five thousand
two hundred and twenty-five dollars . . 5,225 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 thou-

sand doUars 10,000 00

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 nine hundred eighty-
eight thousand nine hundred fifty-seven dollars,
to be expended, together with the cash balance on
hand and the receipts from other sources, for the
above purposes ...... 1988,957 00

Approved June 16, 1936.

Chap.S51

Emergency
preamble.

G. L. (Ter.
Ed.), 128A,
§ 5, etc.,
amended.

Pari-mutuel
system of
wagering.

Tax on
money
wagered.

An Act discontinuing a portion of the tax imposed by

THE commonwealth ON AMOUNTS WAGERED AT HORSE
AND DOG RACING MEETINGS HELD IN CONNECTION WITH
A STATE OR COUNTY FAIR AND RELATIVE TO AMOUNTS
THAT MAY BE RETAINED BY LICENSEES HOLDING SUCH
MEETINGS.

Be it enacted, etc., as follows:

Section five of chapter one hundred and twenty-eight A
of the General Laws, as amended by section one of chapter
four hundred and fifty-four of the acts of nineteen hundred
and thirty-five, is hereby further amended by striking out
the second and third paragraphs, as appearing in section
three of chapter three hundred and seventy-four of the acts
of nineteen hundred and thirty-four, and inserting in place
thereof the following : —

No other place or method of betting, pool making, wager-
ing or gambhng shall be used or permitted by the licensee,
nor shall this chapter be deemed to authorize or legalize
the pari-mutuel or certificate system of wagering on any races
except horse and dog races at the race track where such pari-
mutuel or certificate system of wagering is conducted. Each
licensee conducting a racing meeting shall become the custo-
dian or depository for such sums as may be deposited with
such licensee by patrons as wagers on the speed or ability
of any one or more horses or dogs in a race or races and such
licensee shall be responsible for such sum so deposited and
shall return to the winning patrons so wagering on the speed
or ability of any one or more horses or dogs in a race or races

Acts, 1936. — Chap. 352. 437

all sums so deposited as an award or dividend, according to
the acknowledged and recognized rules and method under
which such pari-mutuel or certificate system has been oper-
ated, less the breaks, as defined in this section, and less an
amount not to exceed ten per cent of the total amount so
deposited by the patrons wagering on the speed or ability
of horses in a race or races not conducted in connection with a
state or county fair, and fifteen per cent of the total amount
so deposited by the patrons wagering on the speed or ability
of horses in a race or races conducted in connection with a
state or county fair and on the speed or ability of dogs in a
race or races, whether or not conducted in connection with
a state or county fair.

Each licensee, other than a licensee holding a racing meet- Licenseeis
ing in connection with a state or county fair, shall pay to the co^i^^sion.
commission on the day following each day of a horse or dog
racing meeting, a sum equal to three and one half per cent
of the total amount deposited on the preceding day by the
patrons so wagering, said three and one half per cent to be
paid from the ten and fifteen per cent withheld, as provided
in this section, from the total amount wagered. Each
licensee may retain as his commission on the total of all
sums so deposited, in addition to his share of the breaks as
hereinafter provided, a sum not exceeding the balance of
the ten and fifteen per cent withheld, as provided in this
section, from the total amount wagered after deducting
therefrom the amount hereinbefore required to be paid to
the commission; provided, that a licensee holding a racing
meeting in connection with a state or county fair may retain
the fifteen per cent withheld, as provided in this section, from
the total amount wagered. Approved June 16, 1936.

An Act relative to the construction of metropolitan QJidj) 352

DISTRICT SEWERS IN THE CITIES AND TOWNS OF MEDFORD, ^'

WINCHESTER, WOBURN AND STONEHAM.

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

Be it enacted, etc., as follows:

Section one of chapter four hundred and seventy-eight
of the acts of nineteen hundred and thirty-five is hereby
amended by striking out, in the seventh to the tenth lines,
inclusive, the words "near the Stoneham, Winchester and
Woburn boundary lines to such a point of connection with
the north metropoHtan sewerage system as said commission
may deem best" and inserting in place thereof the following:
— in Stoneham to a point below Craddock Dam, both points
to be determined by said commission, — so as to read as
follows: — Section 1. Subject to the conditions hereinafter
imposed, the metropolitan district commission is hereby

438 Acts, 1936. — Chaps. 353, 354.

authorized and directed to construct a main sewer or sewers,
with sewer connections and other works, in the valleys of
Aberjona and Mystic rivers and through other territory in
the towns and cities of Stoneham, Woburn, Winchester and
Medford from a point in Stoneham to a point below Craddock
Dam, both points to be determined by said commission, and,
for such purposes, may exercise all the powers conferred upon
it by chapter ninety-two of the General Laws relative to the
construction, maintenance and operation of systems of sew-
age disposal. For the purpose of carrying out said project,
including any expenditures on account of the purchase or
taking of land or damages to land occasioned by the construc-
tion hereinbefore provided for, the said commission may
expend a sum not exceeding, in the aggregate, three million
dollars of which not more than one million eight hundred
thousand dollars shall ultimately be borne by the common-
wealth, to be entered into only on the basis of grants of
federal money. Approved June 16, 1936.

Chap.SdS An Act authorizing the city of Gloucester to lease the

WHOLE OR A PORTION OF THE TOWN LANDING, SO CALLED,
IN SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city of Gloucester may lease the whole
or such portion of the Town Landing, so called, on Com-
mercial street in said city as the city council, with the ap-
proval of the mayor, may determine.

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

Approved June 16, 1936.

Chap. 354: An Act authorizing the town of middleton to convey

A PORTION OF LAND HELD BY IT FOR THE PURPOSE OF A
PUBLIC PARK.

Be it enacted, etc., as follows:

The town of Middleton is hereby authorized and em-
powered to convey to Hazen K. Richardson of said town a
portion of the real estate situated in said town and held by
it as a public park, said portion to be conveyed under
authority hereof being described as follows : — Beginning at
the southerly corner of the land herein described at a point
twenty-one and fifty-four one hundredths feet measured at
right angles with Central street; and thence running north-
westerly on a continuation of said right angle line seventy-
eight and forty-six one hundredths feet; thence turning at
right angle and running northeasterly on a line parallel with
and one hundred feet distant from the northwesterly line of
Central street seventy-one and eight one hundredths feet to
land of Richardson; thence running southerly on the present
line between land of said town and land of said Richardson

Acts, 1936. — Chap. 355. 439

one hundred and five and eighty-seven one hundredths feet
to the point of beginning ; containing twenty-seven hundred
and eighty-eight square feet, and being shown as lot "B"
on plan entitled "Plan showing Exchange of Land, Hazen
K. Richardson and Town of Middleton in Middleton, Mass.,
Scale 1" 40', May 12, 1936, Thomas A. Appleton, C.E."

In return therefor said town shall receive from said Hazen
K. Richardson two parcels of real estate in said town, re-
spectively bounded and described as follows, to wit : —

First Parcel: Beginning at a point on Central street at
land of the town of Middleton and thence running northerly
by land of said town twenty-nine and six one hundredths
feet; thence running southeasterly by other land of said
Richardson twenty-one and fifty-four one hundredths feet
to Central street, this line being at right angles with said
Central street; thence running southwesterly by Central
street nineteen and fifty-one one hundredths feet to the
point of beginning; containing two hundred and ten square
feet, and being shown as lot A on said plan.

Second Parcel: Beginning at a point on the present line
between land of the town of Middleton and land of Hazen
K. Richardson at a point one hundred and thirty-four and
ninety-three one hundredths feet from Central street §,nd
thence running northerly upon said dividing line one hundred
and one and fifty-nine one hundredths feet to an angle;
thence running northwesterly on said dividing line forty-five
feet to a corner; thence running northeasterly on said divid-
ing line one hundred and forty-eight and fifty-two one hun-
dredths feet to land of the Eastern Massachusetts Electric
Company, formerly the location of the Lawrence branch of
the Boston and Maine Railroad; thence running south-
easterly by said land of the Eastern Massachusetts Electric
Company ninety-five and fifty-four one hundredths feet to
a point one hundred feet at right angles from the north-
westerly line of Central street ; thence running southwesterly
on a line parallel with and one hundred feet northwesterly
from said Central street two hundred and seventeen and
twenty-eight one hundredths feet to the point of beginning;
containing eighteen thousand seven hundred square feet,
and being shown as lot "C" on said plan.

Said parcels of land so conveyed to said town shall be held
by it for park purposes in like manner and upon the same
terms and conditions as the adjoining park land.

Approved June 16, 1936,

An Act placing under civil service the office of com- Qj^ij) 355

MISSIONER OF SOLDIERS' RELIEF OF THE CITY OF REVERE ^'

AND THE POSITION OF INVESTIGATOR IN THE SAID OFFICE.

Be it enacted, etc., as follows:

Section 1. The office of commissioner of soldiers' relief
of the city of Revere and the position of investigator in said

440 Acts, 1936. — Chaps. 356, 357.

office shall, upon the effective date of this act, become sub-
ject to the civil service laws and rules and regulations, and
the tenure of office of any incumbents thereof shall be un-
Umited, subject, however, to such laws; but the persons
holding said office and position on said effective date may-
continue therein without taking a civil service examination.
Section 2. This act shall be submitted to the registered
voters of said city at the municipal election in said city in
the current year in the form of the following question which
shall be placed upon the official ballot to be used at said
election: — "Shall an act passed by the general court in the
current year, entitled 'An Act placing under Civil Service
the Office of Commissioner of Soldiers' Relief of the City
of Revere and the Position of Investigator in the Said Office',
be accepted?" If a majority of the voters voting thereon
vote in the affirmative in answer to said question, this act
shall thereupon take full effect, but not otherwise.

Approved June 16, 1936.

Chap.SdQ An Act placing under civil service the office of super-
intendent OF WIRES OF the CITY OF REVERE.

Be it enacted, etc., as follows:

Section 1. The office of superintendent of wires of the
city of Revere shall, upon the effective date of this act; be-
come subject to the civil service laws and rules and regula-
tions, and the term of office of any incumbent of said office
shall be unlimited, subject, however, to such laws; but the
person holding said office on said effective date may con-
tinue therein without taking a civil service examination.

Section 2. This act shall be submitted to the registered
voters of said city at the municipal election in said city in
the current year in the form of the following question which
shall be placed upon the official ballot to be used at said
election: — "Shall an act passed by the general court in the
current year, entitled 'An Act placing under Civil Service
the Office of Superintendent of Wires of the City of Revere',
be accepted?" If a majority of the voters voting thereon
vote in the affirmative in answer to said question, this act
shall thereupon take full effect, but not otherwise.

Approved June 16, 1986.

Chap.S57 An Act further defining motor vehicle fuel, and

FURTHER REGULATING THE TIME WITHIN WHICH THE EX-
CISE ON SUCH FUEL SHALL BE DETERMINED AND PAID.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION 1. Scction One of chapter sixty-four A of the

amended.' ' General Laws, as appearing in the Tercentenary Edition,
is hereby amended by striking out paragraph (d) and insert-
ing in place thereof the following : —

Acts, 1936. — Chap. 358. 441

(d) "Fuel" shall include gasoline, benzol, and all prod- ^fg"Jfjj'
ucts of petroleum or coal tar, or of both petroleum and coal
tar, including all naphthas and all solvents and all other
products used in or capable of use in propelling motor ve-
hicles using combustion type engines, except Diesel engines,
upon or over the highways of the commonwealth.

Section 2. Section five of said chapter sixty-four A, as g. l. (Ter
so appearing, is hereby amended by striking out, in the ameAded.' '
sixth line, the words "one year" and inserting in place
thereof the words : — two years, — by striking out, in the
twelfth line, the words "within thirty days" and inserting
in place thereof the word : — forthwith, — and by adding
at the'^end the words: — with interest at six per cent from
the fifteenth day of the month next succeeding the month
in which the return is required to be made pursuant to
section four, — so as to read as follows: — Section 5. If a °f'g*®™^''u*j,°"
distributor, having failed to file a return, or, having filed an failure to me
incorrect or insufficient return without reasonable excuse, ""et^ns, etc.
fails to file an original or corrected return, as the case may
require, within twenty days after the giving of notice to
him by the commissioner of his delinquency, the commis-
sioner shall determine the amount due, at any time within
two years after the making of the earliest sale included in
such determination. The distributor may appeal from his
decision within ten days thereafter to the board of tax ap-
peals, whose decision shall be final. The commissioner, or,
in the case of appeal, the board of tax appeals, having made
such determination, shall give notice to the delinquent dis-
tributor of the amount determined to be due, and the dis-
tributor shall forthwith after the giving of such notice pay
to the commissioner the amount so determined with interest
at six per cent from the fifteenth day of the month next
succeeding the month in which the return is required to be
made pursuant to section four.

Section 3. This act shall take effect on January first, ^|5,^'=*>'*'«
nineteen hundred and thirty-seven.

Approved June 16, 1936.

An Act providing for the construction of a sea w^all at Chav.S5S
roughan's point in the city of revere.

Be it enacted, etc., as follows:

Section 1. The department of public works is hereby
authorized and directed to construct a sea wall at Roughan's
Point in the Beachmont section of the city of Revere, ex-
tending from the Cherry Island bar to the existing sea wall
on Winthrop parkway, and said department, in the name of
the commonwealth, may take by eminent domain under
chapter seventy-nine of the General Laws, or acquire by pur-
chase or otherwise, any lands or interests therein necessary
or desirable for such purpose. No work shall be begun here-
under until the city of Revere has contributed and paid into

442

Acts, 1936. — Chap. 359.

the treasury of the commonwealth the sum of forty-two thou-
sand five hundred dollars, which, together with such sum,
not exceeding one hundred and twenty-seven thousand five
hundred dollars, as may hereafter be appropriated by the
commonwealth, shall constitute a fund for the work herein
authorized.

Section 2. The expenditures made from funds appro-
priated by the commonwealth as aforesaid shall be paid as
follows: two thirds from the general fund or revenue of the
commonwealth, and one third by the cities and towns of the
metropolitan parks district, including Revere, 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.

Approved June 16, 1936.

G. L. (Ter.
Ed.), 30, § 42,
amended.

Disposal of
obsolete
documents, etc.

Chap.S59 An Act further regulating the disposition of dupli-
cate VOLUMES AND DOCUMENTS, AND OBSOLETE OR WORTH-
LESS RECORDS, BOOKS, VOUCHERS AND OTHER DOCUMENTS,
BELONGING TO THE COMMONWEALTH.

Be it enacted, etc., as follows:

Chapter thirty of the General Laws is hereby amended by
striking out section forty-two, as appearing in the Tercente-
nary Edition, and inserting in place thereof the following: —
Section 4^. The state librarian or a person in his depart-
ment designated by him, an assistant attorney general desig-
nated by the attorney general, and the chairman of the
commission on administration and finance or a person in his
department designated by him, acting as a board, after con-
sultation with the chairman of any board or commission or
the head of any department or institution which may be
interested, may, either of their own motion or upon the re-
quest of said chairman or head, sell any duplicate volumes
or documents, the property of the commonwealth, which are
held in the state library or any other department, and sell or
destroy, from time to time, obsolete or worthless records,
books and documents, and sell or destroy vouchers after the
expiration of twenty years from the date of payment thereof.
At least thirty days before selling or destroying any such
records, books, vouchers or documents, the board shall pub-
lish in a daily newspaper in Boston a notice of its intention
so to do, containing a brief description or summary of the
articles to be sold or destroyed, and it shall give such other
and further notice as it deems advisable to historical societies
or persons interested in the matter. It may, and upon peti-
tion of twenty-five or more citizens of the commonwealth
shall, before selling or destroying any particular records,
books, vouchers or documents, give a public hearing to all
persons interested, and ten days' notice of such hearing shall
be given in a daily newspaper published in Boston. Any
money received from sales under this section shall be paid to
the commonwealth. Approved June 16, 1936.

Acts, 1936. — Chaps. 360, 361. 443

An Act relative to the appointment and removal of QJkij) 350
probation officers.

Be it enacted, etc., as follows:

Chapter two hundred and seventy-six of the General Laws o. l. (Xer.
is hereby amended by striking out section eighty-three, as amenlJd.' ^ ^^'
appearing in the Tercentenary Edition, and inserting in place
thereof the following new section : — Section 83. The su- Probation
perior court, the chief justice of the municipal court of the appointment
city of Boston, subject to the approval of the associate justices and removal of.
thereof, and the justice of each other district court, with the
written approval of the administrative committee of the dis-
trict courts, who shall consult the board of probation relative
thereto, and the justice of the Boston juvenile court may
appoint such male and female probation officers as they may
respectively from time to time deem necessary for their re-
spective courts; and if there is more than one probation
officer in one court, one of such officers may be designated
as chief probation officer. All officers so appointed shall be
removable for cause by the court making the appointment;
provided, that no officer appointed by a justice of a district
court other than the municipal court of the city of Boston or
the Boston juvenile court shall be removed or discharged
from office unless such removal or discharge shall be approved
in writing by the administrative committee of the district
courts after consultation with the board of probation relative
thereto. The compensation of each probation officer ap-
pointed by the superior court shall be fixed by that court and
by it apportioned from time to time among the counties
wherein said officer performs his duties. In the municipal
court of the city of Boston, the chief justice of said court,
subject to the approval of the associate justices thereof, shall
fix the compensation of each probation officer appointed for
such court ; and in each other district court and in the Boston
juvenile court, the justice thereof, subject to the approval of
the county commissioners, shall fix the compensation of each
probation officer appointed for such court; and such com-
pensation shall be paid by the county on vouchers approved
respectively by the chief justice of the municipal court of the
city of Boston or by the justice of such other district court or
juvenile court. Approved June 16, 1936.

An Act to provide for the funding by the city of wal- QJjdy 3Q1

THAM OF CERTAIN OVERPAYMENTS OF TAXES ASSESSED TO
THE WALTHAM WATCH COMPANY.

Be it enacted, etc., as follows:

Section 1. The city of Waltham, for the purposes set
forth in section two of this act, may issue from time to time
bonds or notes to an amount not exceeding, in the aggregate,
one hundred and fifty thousand dollars, which shall bear on

444 Acts, 1936. — Chap. 362.

their face the words, City of Waltham Tax Funding Loan,
Act of 1936. Each authorized issue shall constitute a sepa-
rate loan, and such loans shall be payable in not more than
five years from their dates. Indebtedness incurred under
this act shall be in excess of the statutory limit, but shall,
except as herein provided, be subject to chapter forty-four
of the General Laws, exclusive of the limitation contained in
the first paragraph of section seven thereof, as appearing in
the Tercentenary Edition.

Section 2. The sums raised by authority of this act shall
be used only for the purpose of paying to the Waltham Watch
Company, a Massachusetts corporation, so much of the taxes
assessed upon real estate and machinery used in the conduct
of its business in the years nineteen hundred and thirty-one,
nineteen hundred and thirty-two, nineteen hundred and
thirty-three, nineteen hundred and thirty-four and nineteen
hundred and thirty-five as may be lawfully abated during the
current year by the board of tax appeals or by the board of
assessors of said city. Payments for the purposes herein
specified shall be made upon the order of the mayor.

Section 3. This act shall take full effect upon its accept-
ance by the city council of the city of Waltham by a majority
vote of the members thereof present and voting thereon.

Approved June 16, 1936.

Chap.S62 An Act exempting the machinery of manufacturing

CORPORATIONS FROM LOCAL TAXATION AND CHANGING THE
METHODS OF DETERMINING CERTAIN CORPORATION TAXES
AND OF DISTRIBUTING CERTAIN TAXES.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION L Scctiou fivc of chapter fifty-nine of the Gen-

etc!. 'amended. Gral Laws, as most recently amended by chapter eighty-one
of the acts of the current year, is hereby further amended
by striking out clause Sixteenth, as appearing in the Ter-
centenary Edition, and inserting in place thereof the fol-
lowing: —
Exemption Sixteenth, Property, other than real estate, poles, under-

macUfnwy grouud couduits, wircs and pipes, and other than machinery
from taxation, ^gg^j j^j manufacture or in supplying or distributing water,
owned by Massachusetts savings banks or co-operative
banks, by Massachusetts corporations subject to taxation
under chapter sixty-three except domestic business corpora-
tions as defined in section thirty of said chapter or domestic
manufacturing corporations, as defined in section thirty-
eight C of said chapter, or by foreign corporations subject
to taxation under section fifty-eight of said chapter; also
property, other than real estate, poles, underground con-
duits, wires and pipes, and other than machinery used in the
conduct of the business, owned by domestic business cor-
porations or by foreign corporations, as defined in section
thirty of chapter sixty-three; also property, other than real
estate, poles, underground conduits, wires and pipes, owned

Acts, 1936. — Chap. 362. 445

by domestic manufacturing corporations, as defined in sec-
tion thirty-eight C of said chapter, or by foreign manufac-
turing corporations, as defined in section forty-two B of said
chapter; provided, that the term "machinery used in the
conduct of the business" shall not, as herein used, be deemed
to include stock in trade and that the classification by the
commissioner of domestic business corporations and foreign
corporations, as defined in section thirty of chapter sixty-
three, of domestic manufacturing corporations, as defined in
section thirty-eight C of said chapter, and of foreign manu-
facturing corporations, as defined in section forty-two B of
said chapter, shall be followed in the assessment under this
chapter of machinery used in the conduct of the business.

Section 2. Section eighteen of said chapter fifty-nine, g. l. (Ter.
as most recently amended by section thirty of chapter two ftc'.!'am4ndld.
hundred and fifty-four of the acts of nineteen hundred and
thirty-three, is hereby further amended by striking out
clause Second, as so amended, and inserting in place thereof
the following : —

Second, Machinery employed in any branch of manufac- Machinery,
ture or in supplying or distributing water, including machines ^^^hom'^
used or operated under a stipulation providing for the pay- assessed.
ment of a royalty or compensation in the nature of a royalty
for the privilege of using or operating the same, and all tan-
gible personal property within the commonwealth leased for
profit, or, in the case of domestic business and foreign cor-
porations as defined in section thirty of chapter sixty-three,
machinery used in the conduct of the business, shall be as-
sessed where such machinery or tangible personal property
is situated to the owner or any person having possession of
the same on January first.

Section 3. Chapter fifty-eight of the General Laws is g. l. (Ter.
hereby amended by striking out section twenty, as appearing amended. '
in the Tercentenary Edition, and inserting in place thereof
the following : — Section 20. From the total taxes paid in Distribution
any state fiscal year by domestic business and domestic corporation
manufacturing corporations and foreign manufacturing and taxes.
other foreign corporations under sections thirty to fifty-
one, inclusive, of chapter sixty-three there shall be deducted
such taxes paid under said sections as have been refunded
under said chapter or section twenty-seven of this chapter
during said year, together with any interest or costs paid
such corporations on account of refunds. The balance shall
be disposed of in the following manner and in the order
named :

(1) One million, two hundred and ninety thousand, three
hundred and eighty-three dollars and fifty-six cents shall be
retained by the commonwealth;

(2) Five million, six hundred and fifty-nine thousand, one
hundred and sixty-eight dollars and forty-six cents shall be
distributed, credited and paid to the several cities and towns
in the proportion that the amount of taxes locally paid in
each city or town in the year nineteen hundred and thirty-

446

Acts, 1936. — Chap. 362.

Temporary
provision
relative to
distribution
of certain
taxes.

five by domestic manufacturing corporations as defined in
section thirty-eight C of said chapter sixty-three and by
foreign manufacturing corporations as defined in section
forty-two B of said chapter sixty-three upon machinery
owned and used in the conduct of the business bears to the
aggregate amount so paid by such corporations in all cities
and towns of the commonwealth as determined by the com-
missioner;

(3) Two million, three hundred and sevent^'^-seven thou-
sand, nine hundred and seventy-seven dollars and ninety
cents shall be distributed, credited and paid to the several
cities and towns in the proportion that the value of ma-
chinery owned and used in the conduct of the business in the
year nineteen hundred and thirty-five by such domestic
manufacturing and foreign manufacturing corporations in
each city or town bears to the aggregate value of such ma-
chinery in all cities and towns of the commonwealth as deter-
mined by the commissioner;

(4) Any sum then remaining shall be distributed to the
several cities and towns in proportion to the amounts of the
last preceding state tax imposed upon them.

City and town assessors shall make such returns and
supply such information as the commissioner shall reason-
ably require to make the determinations provided by this
section.

Section 4. From the proceeds of the income tax imposed
by chapter sixty-two of the General Laws and the proceeds
of the income tax imposed by section nine of chapter three
hundred and seven of the acts of nineteen hundred and
thirty-three, as most recently amended by section one of
chapter eighty-two of the acts of the current year, the re-
spective sums hereinafter designated shall be distributed in
each of the j^ears hereinafter specified to each city and town
to which distribution pursuant to section twenty of chapter
fifty-eight of the General Laws was made in the year nine-
teen hundred and thirty-five in the proportion that the ex-
cess of the amount so distributed to it, over the amount
distributable to it under the provisions of paragraph (3) of
said section twenty, as amended by section three of this act,
in the year of distribution under this section bears to the
aggregate amount of such excesses in all such cities and towns
in such year, as determined by the commissioner of cor-
porations and taxation: —

In the year nineteen hundred and thirty-sLx, four million
dollars.

In the year nineteen hundred and thirty-seven, three mil-
lion dollars.

In the year nineteen hundred and thirty-eight, two million
dollars.

In the year nineteen hundred and thirty-nine, one million
dollars.

The foregoing distributions shall be made notwithstand-
ing the provisions of section eighteen of said chapter fifty-

Acts, 1936. — Chap. 362. 447

eight and of section eleven of said chapter three hundred
and seven, as most recently amended by section three A of
chapter four hundred and eighty-nine of the acts of nineteen
hundred and thirty-five.

Section 5. Section thirty-two of chapter sixty-three of EdV'63^§32
the General Laws, as most recently amended by section one etc., 'amended'.
of chapter three hundred and forty-two of the acts of nine-
teen hundred and thirty-three, is hereby further amended
by adding at the end of subsection (1) the following: — or
five dollars per thousand upon the value of such of its tan-
gible property situated in the commonwealth on said day
as is not subject to local taxation, whichever is higher, — so
as to read as follows : — Section 32. Except as otherwise Excise on
provided in sections thirty-four and thirty-eight B, every b^nls^"
domestic business corporation shall pay annually an excise corporations.
equal to the sum of the following, provided, that every such
corporation shall pay annually a total excise not less in
amount than one twentieth of one per cent of the fair value
of its capital stock on the day fixed for determination of the
value of its corporate excess : —

(1) An amount equal to five dollars per thousand upon
the value of its corporate excess or five dollars per thousand
upon the value of such of its tangible property situated in
the commonwealth on said day as is not subject to local
taxation, whichever is higher.

(2) An amount equal to two and one half per cent of its
net income determined to be taxable in accordance with the
provisions of this chapter.

Liability for such excise shall be incurred by corporate
existence at any time within the taxable year, or, in case the
corporation has not established a taxable year, upon April
first of the year in which the excise is to be assessed.

Section 6. Section thirty-nine of said chapter sixty- g. l. (Ter.
three, as most recently amended by section four of said chap- ftc'^ 'amended
ter three hundred and forty-two, is hereby further amended
by striking out subsection (1) and inserting in place thereof
the following : —

(1) An amount equal to five dollars per thousand upon Excise on
the value of its corporate excess employed by it within the cor^'^ations
commonwealth or five dollars per thousand upon the value
of such of its tangible property situated in the common-
wealth on said day as is not subject to local taxation, which-
ever is higher.

Section 7. Section forty-four of said chapter sixty-three, g. l. (Xer.
as amended by section four of chapter four hundred and ^tt^'am^ndtd.
seventy-three of the acts of nineteen hundred and thirty-
five, is hereby further amended by striking out the first sen-
tence and inserting in place thereof the following : — The
commissioner shall determine, from the returns required by
this chapter and from any other available information, and
shall assess, the excise provided by sections thirty to fifty-
two, inclusive, of this chapter, — so as to read as follows:
— Section 44- The commissioner shall determine, from the Assessment

of tax.

448 Acts, 1936. — Chap. 363.

returns required by this chapter and from any other avail-
able information, and shall assess, the excise provided by
sections thirty to fifty-two, inclusive, of this chapter. He
shall include in such assessment interest upon any portion
of the excise overdue at the time of assessment which shall
thereupon become a part of the tax and bear interest as pro-
vided in section seventy. Except as otherwise provided in
this chapter, the part of said tax which is based upon the
value of the corporate excess, or corporate excess employed
within the commonwealth, shall be assessed and collected
in the same manner and with the same powers as provided
in this chapter for the taxation of corporate franchises, and
shall be subject to the other administrative provisions
thereof. He shall not determine the income of any such
corporation, which has filed a return within the time pre-
scribed by law, to be in excess of the income shown bj'- such
return, without notifying the corporation and giving it an
opportunity to explain the apparent incorrectness of the
return. For the purpose of verifying any such return, the
commissioner may, within two years after September first
of the year in which such return was due, examine person-
ally or by deputy or agent the books and papers of the cor-
poration, which shall be open to such officer for verification,
dfte*'*''^^ Section 8. This act shall take efi'ect as of January first

in the current year. Approved June 16, 1936.

Chap.S6S An Act relative to railroad, street railway and steam-
boat POLICE.

Be it enacted, etc., as follows:

EdVi59'^§89 Section 1. Chapter one hundred and fifty-nine of the
amended.' ' General Laws is hereby amended by striking out section
eighty-nine, as appearing in the Tercentenary Edition, and
^c^'°oiice inserting in place thereof the following: — Section 89. The
department, upon the petition of a railroad corporation, or
of a railway company, or of The Boston Terminal Company,
or of a common carrier of passengers by water for hire hav-
ing a usual place of receiving or discharging passengers
within the commonwealth, may from time to time appoint
as pohce officers as many of the persons designated in said
petition and being citizens of the United States as it may
deem proper, for the purposes and with the powers herein-
after set forth. Any person appointed as a police officer
upon the petition of a railroad corporation, may act as a
police officer upon the premises, cars and vehicles of said
corporation and upon the premises and vehicles of any
corporation transporting passengers or property by motor
vehicle under the joint control and management of said
corporation and said railroad corporation, which, for the
purposes of this and the six following sections, shall be
considered as being the premises, cars and vehicles of said
railroad corporation.

Acts, 1936. — Chap. 363. 449

Section 2. Said chapter one hundred and fifty-nine is g. l. (Ter.
hereby further amended by striking out section ninety, as ^meAded.' ^ ^°'
so appearing, and inserting in place thereof the following : —
Section 90. A record of all such appointments shall be kept Copy of
by the department, and shall be open to public inspection, to be'fii^*!"
and such appointment shall constitute the person or per-
sons named therein railroad, railway or steamboat police,
respectively, in any city or town where the petitioner cor-
poration or company referred to in the preceding section
operates its cars, vehicles, boats or vessels, or the carrier so
referred to is accustomed to receive or discharge passengers
or freight, or steamboat police upon the premises and at
the wharves and landing places and upon the boats and ves-
sels of such carrier by water, while within the boundaries
of the commonwealth, and shall be conclusive evidence of
the regularity of their appointment.

Section 3. Said chapter one hundred and fifty-nine is g. l. (Ter.
hereby further amended by striking out section ninety-one, amended.' ^ ^^'
as so appearing, and inserting in place thereof the following:

— Section 91. Such police officers shall be sworn before a Term of
justice of the peace or notary public, who shall make a °^'^^' ^^'^'
return thereof to the department upon a form provided by

it. Upon receipt of said return the department shall issue
a license to each person designated to act as police officer.
Such license shall, in any court of the commonwealth, be
competent evidence of the validity of the appointment of
the person named therein and of his authority to act as
such police officer. Such police officers shall hold their
offices until their appointment is revoked by the department,
or until the petitioner corporation or company, upon ceasing
to require the services of any of such officers, shall file a
notice to that effect with the department, and thereupon
the power of such officer shall cease.

Section 4. Section ninety-two of said chapter one hun- g. l. (Ter.
dred and fifty-nine, as so appearing, is hereby amended by amende^d.' ^ ^^'
inserting after the word "cars" in the sixth fine the word:

— , vehicles, — so as to read as follows: — Section 92. Such Badges,
police officers shall, when on duty except as detectives, wear

in plain sight a metallic badge, inscribed with the words,
"Railroad Police", "Street Railway Police", or "Steam-
boat Police", as the case may be, and the name or initials
of the corporation or company for which they are appointed ;
and the presence of any such officer on the cars, vehicles,
steamboats or premises of the corporation or company upon
whose petition he was appointed, wearing such badge, shall
be prima facie evidence that he is lawfully upon duty.

Section 5. Section ninety-three of said chapter one hun- g. l. (Ter.
dred and fifty-nine, as so appearing, is hereby amended by am^Ade^d' ^ ^^'
inserting after the word "cars" in the second, sixth and
seventh lines, respectively, the word : — , vehicles, — so as
to read as follows: — Section 93. Railroad, railway or Powers
steamboat police officers may preserve order on the premises, °^ p"''"^-
cars, vehicles, vessels and boats of the corporation or com-

450 Acts, 1936. — Chap. 364.

pany upon whose petition they are appointed and at the
wharves and landing places owned or used by such carrier
by water; may, without a warrant, arrest an idle, noisy,
intoxicated or disorderly person upon such premises, cars,
vehicles, vessels or boats; or a passenger upon such cars,
vehicles, vessels or boats who refuses to pay his fare, and
remove him to the baggage or other suitable car or place;
may, without a warrant, arrest any person committing any
of the offences specified in section one hundred and four;
and railway police officers may, without a warrant, arrest
any person committing any of the offences specified in sec-
tion ninety-four of chapter one hundred and sixty-one.
Edo,' isQ^l 94, Section 6. Section ninety-four of said chapter one hun-
amended.' ' dred and fifty-nine, as so appearing, is hereby amended by
inserting after the word "car" in the fourth line the word: —
, vehicle, — and by inserting after the word "car" in the
fifth line the words: — or vehicle, — so as to read as fol-
Arrest. lows: — SecHon 94. The person so arrested by railroad or

police^ ° railway police officers shall be taken to the police station or

other place of lawful detention in the city or town where
the arrest is made, or in the city or town where the car,
vehicle, boat or vessel next stops, or in anj^ city or town of
the same or adjoining county through which the car or
vehicle passes after the arrest; he may be placed in charge
of a police officer or constable in either of such cities or
towns, to be taken to a lawful place of detention within
twenty-four hours after the time of such arrest, Sunday
excepted. Complaint shall be made against the person ar-
rested by the officer taking him to the place of detention,
for the offence for which he was arrested, to a district court,
or trial justice having jurisdiction of such offences com-
mitted in the city or town where such person is detained,
and such court or justice shall have jurisdiction of the case.

Approved June 16, 1936.

Chap.S64: An Act authorizing the city of chicopee to acquire

AND convey to THE COMMONWEALTH FOR ARMORY PUR-
POSES CERTAIN LAND IN SAID CITY.

Be it enacted, etc., as follows:

The city of Chicopee may take by eminent domain under
chapter seventy-nine of the General Laws, or acquire by
purchase or otherwise, and convey to the commonwealth,
such land, other than park land, as said city, acting by its
mayor and board of aldermen, and the armory commissioners
may determine to be necessary and suitable for armory pur-
poses; and the armory commissioners are hereby authorized
to accept such land in the name and behalf of the common-
wealth. Approved June 16, 1936.

Acts, 1936. — Chaps. 365, 366. 451

An Act providing for state co-operation in the ac- (Jfidj) 355

QUISITION OF OLD DERBY WHARF AND CERTAIN ADJACENT ^'

PROPERTIES IN THE CITY OF SALEM AND THEIR TRANSFER
TO THE UNITED STATES GOVERNMENT FOR RESTORATION
AND PRESERVATION AS A NATIONAL MONUMENT.

Be it enacted, etc., as follows:

The commissioner of conservation is hereby authorized
and directed to co-operate with the city of Salem in the ac-
quisition and restoration of the property in said city known
as Derby wharf and certain adjacent properties located in
said city, as indicated on the plat accepted by the national
park service of the United States department of the interior
and by the mayor of said city; provided that said city shall
take by eminent domain under chapter seventy-nine of the
General Laws, or acquire by purchase, gift or otherwise, said
Derby wharf and such adjacent properties; and provided,
further, that the title of the properties so acquired shall be
transferred by said city to the United States for the purpose
of the restoration and preservation of such properties as a
national historic monument under authority of an act of
Congress known as Public-Number two hundred and ninety-
two — Seventy-fourth Congress, approved August twenty-
first, nineteen hundred and thirty-five; the whole to consti-
tute a memorial to the sailors of Salem, For the purpose of
co-operation by the commonwealth as aforesaid, there may
be expended such sums, not exceeding, in the aggregate, fifty
thousand dollars, as may hereafter be appropriated therefor.

Approved June 16, 1936.

An Act authorizing the city of everett to pay an an-
nuity TO THE widow OF JAMES F. MONAHAN, A FORMER
superintendent of STREETS IN SAID CITY.

Be it enacted, etc., as follows:

Section 1. For the purpose of promoting the public
good, the city of Everett may pay to Nellie E. Monahan,
widow of James F. Monahan, a former superintendent of
streets in said city, who died from illness contracted in the
performance of his duty after more than twenty years of
service in the employ of said city, an annuity of twelve
hundred dollars, payable in monthly instalments; and said
annuity shall be reduced to one thousand dollars when Mary
A. Monahan, the minor child of said James F. Monahan,
reaches the age of sixteen years, or in the event of her death
under such age, and shall cease upon the remarriage of said
widow.

Section 2. This act shall take effect upon its acceptance
by a vote of the city council of the city of Everett subject to
the provisions of its charter. Approved June 16, 1936,

Chap.S66

452 Acts, 1936. — Chap. 367.

Chap.SQ7 An Act establishing a six day week, so called, for cer-
tain PUBLIC EMPLOYEES AND PERSONS EMPLOYED ON PUBLIC
WORKS.

Be it enacted, etc., as follows:

EdV'149'^530 Section 1. Chapter one hundred and forty-nine of the
amended.' ' General Laws is hereby amended by striking out section
thirty, as appearing in the Tercentenary Edition, and insert-
fir ^enahf ^^ ^^^ ^° placc thereof the following : — Section 30. The serv-
pubiic em- icc of all laborers, workmen and mechanics now or hereafter
pioyees, etc. employed by the commonwealth or any county therein or
any town which, by vote of the city council, or of the voters
at a town meeting, accepts this section or has accepted sec-
tion one of chapter two hundred and forty of the General
Acts of nineteen hundred and sixteen, or by any contractor,
or sub-contractor for or upon any public works of the com-
monwealth or of any county therein or of any such town is
hereby restricted to eight hours in any one day, to forty-eight
hours in any one week, and to six days in any one week. No
officer of the commonwealth, except as provided herein, or of
any county or of any such town, no such contractor or sub-
contractor or other person whose duty it is to employ, direct
or control the service of such laborers, workmen or mechanics
shall require or permit any such laborer, workman or me-
chanic to work more than eight hours in any one day, or more
than forty-eight hours in any one week, or more than six
days in any one week, except in cases of extraordinary emer-
gency. The provisions of this section shall not prohibit the
employment by the state department of public works, or
by any contractor or sub-contractor for said department, of
laborers, workmen and mechanics for more than eight hours
in any one day in the construction or reconstruction of high-
ways when, in the opinion of the commissioner of labor and
industries, public necessity so requires.
EdV h"'§ 34 Section 2. Section thirty-four of said chapter one hun-
amended.' ' dred and forty-nine, as so appearing, is hereby amended by
inserting after the word "week" in the ninth line the words:
— , or more than six days in any one week, — so as to read
Contracts for as follows: — Scction 34. Every contract, except for the
to contlhf^^ purchase of material or supphes, involving the employment
stipulation of laborcrs, workmen or mechanics, to which the common-
week.^etc.^^ Wealth or any county or any town, subject to section thirty,
is a party, shall contain a stipulation that no laborer, work-
man or mechanic working within the commonwealth, in the
employ of the contractor, sub-contractor or other person
doing or contracting to do the whole or a part of the work
contemplated by the contract, shall be required or permitted
to work more than eight hours in any one day or more than
forty-eight hours in any one week, or more than six days in
any one week, except in cases of extraordinary emergency,
or in case any town subject to section thirty-one is a party
to such a contract, more than eight hours in any one day,

Acts, 1936. — Chap. 368. 453

except as aforesaid; provided, that in contracts entered into
by the department of pubUc works for the construction or
reconstruction of highways there may be inserted in said
stipulation a provision that said department, or any contrac-
tor or sub-contractor for said department, may employ
laborers, workmen and mechanics for more than eight hours
in any one day in such construction or reconstruction when,
in the opinion of the commissioner of labor and industries,
public necessity so requires. Every such contract not con-
taining the aforesaid stipulation shall be null and void.

Approved June 18, 1936.

An Act making certain adjustments in and in connec- QJiav 368

TION with the alcoholic BEVERAGES LAWS.

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

Be it enacted, etc., as follows:

Section 1. The definition of "Restaurant" in section o. l. (Ter.
one of chapter one hundred and thirty-eight of the General ^tc:!'amfAded.
Laws, as appearing in section two of chapter three hundred
and seventy-six of the acts of nineteen hundred and thirty-
three, is hereby amended by adding at the end the following:
— No advertising matter, screen, curtain or other obstruc- "Restaurant"
tion which, in the opinion of the licensing authorities, pre- '^'^^^^'^
vents a clear view of the interior of a restaurant shall be
maintained in or on any window or door thereof after the
said authorities have ordered the removal of such obstruction
and have afforded the licensee thereof a reasonable oppor-
tunity to remove the same.

Section 2. Said section twelve of said chapter one hun- g. l. (Ter.
dred and thirty-eight, as amended, is hereby further amended ftc'^'amfnjed''
by striking out the second paragraph, as appearing in section
one of chapter four hundred and sixty-eight of the acts of
nineteen hundred and thirty-five, and inserting in place
thereof the following : —

No alcoholic beverage shall on secular days be served to or Restriction
drunk by a woman as patron, guest or member in a public °° ^*'®^"
room or area of a hotel, or in a restaurant or club, licensed
under this section, except while seated at a table or seated
at a counter equipped with stools; and no such beverage shall
on Sundays be served to or drunk by any patron, guest or
member at a bar or counter in such a hotel, restaurant or
club.

Section 3. Said chapter one hundred and thirty-eight g^L. (Ter
is hereby further amended by striking out section sixteen, etc., amended. '
as appearing in section two of chapter three hundred and
seventy-six of the acts of nineteen hundred and thirty-three,
and inserting in place thereof the following: — Section 16. f^Tn^^T
Any person holding a license under section twelve, thirteen, aicohoifi^ ""

beverages.

454 Acts, 1936. — Chap. 368.

fourteen or fifteen who, directly or through any agent, em-
ployee or other person, dilutes or changes or in any manner
tampers with any alcoholic beverage authorized to be sold
under such license so as to change its composition or alco-
holic content shall be punished by a fine of not less than two
hundred nor more than five hundred dollars, and if any holder
of such a license is convicted of a violation of the foregoing,
his license shall forthwith be suspended, for a period of not
less than six months, by the local licensing authorities which
issued the same; provided, that cocktails and other mixed
drinks may be prepared on premises licensed under section
twelve, thirteen or fourteen.

Possession on the Hcensed premises by any licensee referred
to in this section of any alcoholic beverage differing in com-
position or alcoholic content from such beverage when re-
ceived from the manufacturer or wholesaler and importer
from whom it was purchased, except cocktails and other
mixed drinks as hereinbefore authorized, shall be prima facie
evidence that the said beverage has been diluted, changed or
tampered with in violation of this section.
Ed^'iJl'^i 17 Section 4. Section seventeen of said chapter one hun-
etc!, amended. ' dred and thirty-eight, as amended, is hereby further amended
by inserting after the second paragraph the following new
paragraph : —
Quota not to Notwithstanding the provisions hereof, no quota estab-
certain cases. Hshcd hereunder for any city or town shall be decreased
because of a loss in population of less than one thousand
inhabitants.
Ed)' ils^'i 19 Section 5. Section nineteen of said chapter one hundred
etc'.. 'amended. ' and thirty-eight, as amended, is hereby further amended by

adding at the end the following new paragraph : —
Local vote not No vote in any city or town under section eleven shall
to manufacture, prcvcut the granting or renewal of a license under this sec-
tion.
G. L. (Ter SECTION 6. Scctiou twcuty of Said chapter one hundred

etc!. 'amended. ' and thirty-cight, as amended by section twelve of chapter
three hundred and eighty-five of the acts of nineteen hundred
and thirty-four, is hereby further amended by inserting after
the word "orders" in the tenth line the following: — , which
need not be in writing, — so that the first paragraph will read
storage as f ollows : — The commission may grant to any holder of a

permits. manufacturer's or wholesaler's and importer's license under

this chapter a permit to store alcoholic beverages in any city
or town, provided that there shall not be granted to such
manufacturer or wholesaler and importer, in the aggregate,
more than three such permits in the commonwealth, nor more
than one such permit in any city or town. A permit so
granted to the holder of such a license shall authorize him to
transport and deliver such beverages from any place of
storage for which he has such a pemiit upon orders, which
need not be in writing, received by him at the premises
covered by his manufacturer's or wholesaler's and importer's
license and transmitted to the place of storage covered by the

Acts, 1936. — Chap. 368. 455

permit. The commission may establish annual fees therefor
not exceeding five hundred dollars for any one permit.

Section 7. Said section twenty of said chapter one hun- g. l. (Xer.
dred and thirty-eight, as amended, is hereby further amended ^tc"!'fiffhel ^°'
by inserting after the word "year" in the thirty-third line, amended,
as appearing in section twelve of said chapter three hundred
and eighty-five, the following new paragraph : —

No vote in any city or town under section eleven shall J'o°affect stor-*
prevent the renewal of any permit under this section. age permit.

Section 8. Section twenty-one of said chapter one hun- g. l. (Ter.
dred and thirty-eight, as amended, is hereby further amended ^tcil'amfnded!'
by adding at the end of the next to the last paragraph, as
appearing in section thirteen of said chapter three hundred
and eighty-five, the following : — but need not send any
notice or demand for payment of any excise imposed under
this section, — so that said paragraph will read as follows: —

Sums due to the commonwealth under this section may be Recovery
recovered by the attorney general in an action brought in the °^ ^'""^^'
name of the commissioner. The commission may suspend
the license of a person subject to this section, at the suggestion
of the commissioner, for failure to pay such sums when due.
The commissioner shall have the same powers and remedies
with respect to the collection of said sums as he has with
respect to the collection of income taxes under chapter sixty-
two but need not send any notice or demand for payment of
any excise imposed under this section.

Section 9. Section thirty B of said chapter one hundred ^j^- {Jl""-
and thirty-eight, as amended, is hereby further amended by § sob. etc.,
adding at the end the following new paragraph : — amended.

A license granted under section thirty A may be transferred J^^^^-^^ "^
to a registered pharmacist, qualified to receive such a license license.
in the first instance, if the licensing authorities determine
that the interests in the ownership of the store in which the
license was granted to be exercised remain substantially
unchanged.

Section 10. Said chapter one hundred and thirty-eight ShViss'^ssi
is hereby further amended by striking out section thirty-one, etc'./ameAded. '
as amended, and inserting in place thereof the following: —
Section 31 . No person, except a citizen of the United States, Employment
shall sell, serve or deliver any alcoholic beverages or alcohol bylilfeMels?"
on any premises covered by a license, permit or certificate prohibited.
of fitness issued under this chapter, and no holder of such
a license, permit or certificate of fitness shall, directly or
through any agent, employ or permit any such person to sell,
serve or deliver any alcoholic beverages or alcohol upon the
premises covered by such license, permit or certificate. No
holder of a transportation permit issued under this chapter
shall, directly or through any agent, employ or permit any
person, except such a citizen, to transport any alcoholic bev-
erages or alcohol. Whoever violates any provision of this
section shall be punished by a fine of not less than twenty-
five nor more than one hundred dollars, and such a violation,
if committed by the holder of a license, permit or certificate

456

Acts, 1936. — Chap. 368.

G. L. (Ter.
Ed.). 138. § 56,
etc., amended.

Arrest without
warrant in
certain cases.

G. L. (Ter.
Ed.), 138, § 57,
etc., amended.

License, etc.,
to be returned
to commission
upon convic-
tion.

G. L. (Ter.
Ed.), 138, § 63,
etc., amended.

Entry of

f>remises by
icensing
authorities.

of fitness issued under this chapter, shall be sufficient cause
for the revocation or suspension thereof.

Section 11. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section fifty-six,
as amended, and inserting in place thereof the following: —
Section 66. A deputy sheriff, chief of police, deputy chief
of police, city marshal, deputy or assistant marshal, police
officer including a state police officer, or constable, or, in the
county of Dukes or Nantucket, the sheriff anywhere within
his county, or any investigator of the commission, may with-
out a warrant arrest any person whom he finds in the act of
illegally manufacturing, selling or exposing or keeping for
sale, storing, transporting, importing or exporting alcoholic
beverages or alcohol, and seize the said beverages or alcohol
and any vessels and implements of manufacture or sale in
the possession of such person, and detain them until war-
rants can be procured against such person, and for the seizure
of said beverages or alcohol, vessels and implements, under
this chapter. Such officers shall enforce or cause to be en-
forced the penalties provided by law against every person
who is guilty of a violation of this chapter of which they can
obtain reasonable proof, and shall make all needful and appro-
priate investigations for the said purpose.

Section 12. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section fifty-seven,
as appearing in section two of chapter three hundred and
seventy-six of the acts of nineteen hundred and thirty-three,
and inserting in place thereof the following: — Section 57.
Upon the conviction of a holder of a license, permit or certifi-
cate of fitness under this chapter of the violation of any law
relative to the business conducted under authority thereof,
the court in which he has been convicted shall send to the
authorities which issued the license, permit or certificate and
to the commission a certificate under seal, showing the time
and place of such conviction.

Section 13. Said chapter one hundred and thirty-eight
is hereby further amended by striking out section sixty-
three, as amended, and inserting in place thereof the follow-
ing:— Section 63. The local licensing authorities or their
agents may at any time enter upon the premises of a person
who is licensed by them, and the commission or its agents
may enter upon the premises of any holder of a license, per-
mit or certificate of fitness under this chapter, to ascertain
the manner in which he conducts the business carried on
under such license, permit or certificate. Such licensing
authorities or their agents may at any time take samples for
analysis from any beverages or alcohol kept on such premises,
and the vessel or vessels containing such samples shall be
sealed on the premises in the presence of the holder of such
license, permit or certificate or one of his employees, and shall
remain so sealed until presented to the state department of
public health for analysis, and duplicate samples shall be
left with such holder.

Acts, 1936. — Chaps. 369, 370. 457

Section 14. Section eight of chapter one hundred and EdM^Io^'ls
forty of the General Laws, as appearing in the Tercentenary ameAded.'
Edition, is hereby amended by adding at the end the follow-
ing: — ; provided, that nothing in this chapter shall be con-
strued to permit or require a common victualler, who holds a
license to keep a tavern under chapter one hundred and thirty-
eight, to admit a woman as a patron in such tavern, — so as
to read as follows : — Section 8. A common victualler who, Penalty for
upon request, on any day but Sunday, refuses to supply food smv^'o"
to a stranger or traveler shall be punished by a fine of not traveler, etc.
more than fifty dollars; provided, that nothing in this chap-
ter shall be construed to permit or require a common vict-
ualler, who holds a license to keep a tavern under chapter
one hundred and thirty-eight, to admit a woman as a patron
in such tavern. Approved June 19, 1936.

An Act enlarging the corporate powers of the minis- (^/j^j-m 359
ters mutual life insurance company.

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

Be it enacted, etc., as follows:

The Ministers Mutual Life Insurance Company, a cor-
poration established under the name of Methodist Ministers
Relief Insurance and Trust Association by section one of
chapter three hundred and forty-four of the acts of nineteen
hundred and ten and whose name was subsequently changed
under general law, is hereby authorized to insure the lives
of, and to grant endowments or annuities to, any person,
anything in its charter to the contrary notwithstanding.

Approved June 19, 1936.

An Act providing for contributions to the state retire- nhnj. oyn

MENT SYSTEM BY MEMBERS OF SAID SYSTEM DURING AU- ^'

THORIZED LEAVES OF ABSENCE.

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

Be it enacted, etc., as follows:

Section 1. Paragraph (5) of section four of chapter g. l. (Ter.
thirty-two of the General Laws, as appearing in the Tercen- amende^d.* "*'
tenary Edition, is hereby amended by adding at the end
thereof the following: — ; provided, that any member on a
leave of absence may, according to such by-laws and regu-
lations as the board may adopt with reference thereto, pay
to the state treasurer an amount equal to that which would
have been deducted from the salary or wages of such mem-

458

Acts, 1936. — Chap. 371.

ber if his name had appeared on the pay roll for the full
period of such absence, if six months or less, otherwise for
six months, at the rate of salary or wages paid at the begin-
ning of such leave of absence, — so that said paragraph will
read as follows : —

Contributions
during leaves
of absence.

Effective
date.

(3) Provision for Payments.

All amounts payable by members of the association under
paragraph (2) A (a) of this section shall be deducted by the
commonwealth from the amounts payable to them as salary
or wages as often as the same are payable, and shall imme-
diately be credited to the retirement fund by the state
treasurer; provided, that any member on a leave of absence
may, according to such by-laws and regulations as the
board may adopt with reference thereto, pay to the state
treasurer an amount equal to that which would have been
deducted from the salary or wages of such member if his
name had appeared on the pay roll for the full period of such
absence, if six months or less, otherwise for six months, at
the rate of salary or wages paid at the beginning of such
leave of absence.

Section 2. This act shall take effect as of January first
in the current year. Approved June 19, 1936.

Chap. ^11 An Act further regulating the powers and duties op

THE department OF PUBLIC WORKS RELATIVE TO THE

Emergency
preamble.

G. L. (Ter.
Ed.), 81. § 8,
amended.

CONSTRUCTION OF STATE HIGHWAYS.

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

Be it enacted, etc., as follows:

Chapter eighty-one of the General Laws is hereby amended
by striking out section eight, as appearing in the Tercente-
nary Edition, and inserting in place thereof the following: —
Sr^tate h\gh- Section 8. The department, when about to construct a
ways by towns, state highway, shall advertise in two or more newspapers
published in each county in which the highway lies, and in
three or more daily newspapers published in Boston, for
sealed proposals for the construction of such highway, stat-
ing the time and place for opening such proposals, and re-
serving the right to reject any and all proposals. If a pro-
posal is satisfactory, the department, with the approval of
the governor and council, shall make a contract in writing
on behalf of the commonwealth for such construction.
After the proposals have been accepted or rejected they
shall be kept by the department, and shall be open to pub-
lic inspection for three years, and may then be destroyed by
the department. The department may, in the same manner
and under the same conditions, contract for the grading of

Acts, 1936. — Chaps. 372, 373. 459

a state highway or for furnishing labor, materials or any
other element in its construction. The construction of all
state highways shall be under the supervision and subject
to the approval of the department and in accordance with
plans and specifications furnished by it, shall be fairly ap-
portioned by the department among the different counties,
and not more than ten miles of state highway shall be con-
structed, on petition as aforesaid, in any one county in any
one year, without the previous written approval of the gov-
ernor and council. Approved June 19, 1936.

An Act relative to the Worcester Hibernian build- QJid^ 372

ING association IN THE CITY OF WORCESTER. ^'

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and fifty-two of the
acts of eighteen hundred and ninety-eight is hereby amended
by striking out section two, as amended by section one of
chapter five hundred and seventeen of the acts of said year,
and inserting in place thereof the following : — Section 2.
The term of each member of the Worcester Hibernian Build-
ing Association in the city of Worcester, except those mem-
bers thereof representing Division 36, of Worcester, of the
Ancient Order of Hibernians of America on July first, nine-
teen hundred and thirty-six, shall terminate on said date,
and the vacancies thus created may be filled by an election,
properly called therefor, by and from the membership of
said Division 36. The term of each member of said building
association hereafter elected each year shall run from the
date of such election to the next annual meeting of said
building association, and until his successor is elected and
qualified. The terms of the members of said building asso-
ciation representing said Division 36 on July first, nineteen
hundred and thirty-six shall terminate on the date of the
next annual meeting of said building association. Any
vacancy in the membership of said building association
occurring at any time by reason of death, disability or resig-
nation may be filled by and from the membership of said
Division 36 at a meeting duly called for that purpose.

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

Approved June 19, 1936.

An Act authorizing the city of Lawrence to pay a

CERTAIN bill OF THE YEAR NINETEEN HUNDRED AND

thirty-two.

Be it enacted, etc., as follows:

Section 1. The city of Lawrence is hereby authorized
to appropriate the sum of two hundred and seventy-six
dollars and thirty-six cents 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 nine-

Chap.37S

460 Acts, 1936. — Chaps. 374, 375.

teen hundred and thirty-three, to pay the bill of Findeisen's
Farms, Inc., of Methuen, for milk delivered to the municipal
hospital of said city between February, nineteen hundred
and thirty-two, and January^ nineteen hundred and thirty-
three.

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

Approved June 19, 1936.

C hap. S7 4 An Act providing that the county of Hampshire be

REIMBURSED FOR THE EXPENSE TO IT OF CERTAIN LITIGA-
TION ARISING OUT OF THE ESTABLISHMENT OF THE MET-
ROPOLITAN WATER SUPPLY SYSTEM WITHIN ITS BOUNDARIES.

Be it enacted, etc., as follows:

Section 1. The commonwealth shall reimburse the
county of Hampshire for any and all necessary sums of
money, not exceeding, in the aggregate, fifteen thousand
dollars, expended by said county resulting from litigation
conducted in the courts of said county, either at law or in
equity, arising out of the establishment of the metropolitan
water supply system authorized by chapter three hundred
and twenty-one of the acts of nineteen hundred and twenty-
seven, and acts in amendment thereof and in addition thereto,
whether commenced in accordance with the provisions of
said chapter or under other provisions of law.

Section 2. The justice or justices before whom any
such litigation is tried or heard shall certify to the state
treasurer the amount or amounts of the cost to said county
of any such litigation tried or heard before him or them, and
the same shall be paid to said county within thirty days
after the date of such certification.

Section 3. The metropolitan district water supply com-
mission shall reimburse the commonwealth for any and all
amounts paid to the county of Hampshire by the common-
wealth under any provision of this act.

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

Approved June 19, 1936.

Chap. 37 5 An Act designating soldiers field road extension, so

called, in the BRIGHTON DISTRICT OF THE CITY OF BOSTON
AS THE LEO M. BIRMINGHAM PARKWAY.

Be it enacted, etc., as follows:

Section 1. The parkway in the Brighton district of the
city of Boston between Western avenue and North Beacon
street and now commonly known as Soldiers Field Road Ex-
tension shall be known and designated as the Leo M. Bir-
mingham Parkway, and a suitable tablet or marker bearing
said designation shall be erected at each terminus of said
parkway by the metropolitan district commission.

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

Approved June 19, 1936.

Acts, 1936. — Chap. 376. 461

An Act relative to the assessment of certain taxes (Jfidj) 375

AND TO THE DISTRIBUTION OF CERTAIN OTHER TAXES.

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

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter fifty-nine of the g. l. (Ter.
General Laws, as amended by section thirty-two of chapter ^tc'.! 'amended,
two hundred and fifty-four of the acts of nineteen hundred
and thirty-three, is hereby further amended by striking out
all after the word "thereof" in the seventh line, — so as to
read as follows : — Section 20. When a state tax is to be state treasurer
assessed, or an assessment is required to reimburse the warrants!'^
commonwealth under section forty-one of chapter forty-four
for expenses incurred under sections thirty-five to forty, in-
clusive, of said chapter, the state treasurer shall send by
mail to the assessors of the several towns his warrants for
the assessment thereof.

Section 2. Said chapter fifty-nine is hereby further g. l. (Xer.
amended by striking out section twenty-one, as amended etc., amended',
by section thirty-three of said chapter two hundred and
fifty-four, and inserting in place thereof the following: —
Section 21. The assessors shall assess state taxes, including Duties of
all lawful assessments by the commonwealth for which they *^®''^^°"-
receive warrants under the preceding section and county
taxes duly certified to them. If at the time of fixing the tax
rate in any year the warrant for the state tax for such year
has not been received or the county tax for such year has not
been certified, the assessors may nevertheless fix the tax
rate for such year and shall in such event assess in such
year such state and county taxes as estimated in advance
by the commissioner, who shall notify the assessors of his
estimates on or before March first of such year. Any bal-
ance of such state or county taxes not so assessed in such
year by reason of an underestimate by the commissioner
shall be assessed in the next subsequent year and any excess
assessed in accordance with the foregoing provisions by rea-
son of an overestimate by him shall be deducted in deter-
mining the amount to be assessed in the next subsequent
year. The assessors shall also assess town taxes voted by
their respective towns and all taxes duly voted and certified
by fire, water, light and improvement districts therein or
certified by the joint committee of a health district formed
under section twenty-seven A of chapter one hundred and
eleven. Such district taxes shall be subject to the law rela-
tive to the assessment and collection of town taxes, so far
as applicable. Except as otherwise provided, all taxes shall
be assessed as of January first.

462 Acts, 1936. — Chap. 377.

Ed^'58*'new SECTION 3. Chapter fifty-eight of the General Laws is
section 20A, hereby amended by inserting after section twenty, as ap-
added. pearing in the Tercentenary Edition, the following new sec-

?f'taxM*'°" ^^°^- — Section 20 A. If, at the time any tax is distribut-
able to any city or town pursuant to section eighteen or
twenty or at the time any other sum is payable by the com-
monwealth to any city or town, there is due to the common-
wealth any sum from such city or town, for any service or
cause whatsoever, such sum so due to the commonwealth
shall be deducted by the state treasurer from the amount so
distributable or payable to the city or town, and shall be
applied to the payment of the sum so due to the common-
wealth. Approved June 19, 1936.

Chap. ^17 An Act providing for the reconstruction of a bridge

AND ITS APPROACHES OVER THE MYSTIC RIVER IN THE CITY
OF MEDFORD AND THE TOWN OF ARLINGTON.

Emergency Whereas, The deferred operation of this act would tend to

pream e. defeat its purpose, therefore it is hereby declared to be an

emergency law, necessary for the immediate preservation of

the public safety and convenience.

Be it enacted, etc., as follows:

Section 1. Subject to the provisions of this act, the
metropolitan district commission, hereinafter referred to as
the commission, shall lay out and construct a bridge and
the highway approaches thereto, over the Mystic river at
High street in the city of Medford and at Medford street in
the town of Arlington, and in connection therewith may lay
out, alter, prescribe and specify the bridge and highway ap-
proaches thereto in said city and in said town, for a distance,
measured from the abutments of the bridge, not exceeding
three hundred and thirty feet on the Medford side and not
exceeding two hundred and twenty feet on the Arlington
side.

Section 2. For the purpose of carrying out the provi-
sions of this act, the commission may acquire by purchase,
or by eminent domain under chapter seventy-nine of the
General Laws, such lands, rights and easements therein, as
the commission may deem necessary; provided, that no
damages shall be paid for public lands or parks, parkways
or reservations so taken. The commission may also make
such alterations in connecting ways as may be necessary
for carrying out said provisions or any of them.

Section 3. The cost of constructing said bridge and land
takings for the same, including any damages awarded or
paid on account of any taking of land or property therefor,
or any injury to the same, and all other expenses incurred in
carrying out the provisions of this act shall not exceed, in
the aggregate, seventy-five thousand dollars, fifty per cent of
which shall be paid by the commonwealth, subject to ap-
propriation, from the Highway Fund, twelve and one half

Acts, 1936. — Chap. 378. 463

per cent shall be assessed upon the county of Middlesex,
twelve and one half per cent shall be assessed upon the
municipalities of the metropolitan parks district, including
Medford and Arlington, in proportion to the respective tax-
able valuations of the property of said municipalities as de-
fined by section fifty-nine of chapter ninety-two of the Gen-
eral Laws, and twenty-five per cent shall be paid by the city
of Medford and the town of Arlington in proportion to the
respective taxable valuations of the property of said munici-
palities as so defined.

Section 4. For the purpose of making the payments
required to be made by the city of Medford and the town of
Arlington under this act, other than the proportionate parts
of such cost payable on account of their membership in the
metropolitan parks district, each of said municipalities may
borrow such sum as may be necessary, and may issue bonds
or notes therefor, payable in not more than two years from
the dates thereof. Indebtedness incurred by each of said
municipalities under this act shall be within the statutory
limit and shall, except as herein provided, be subject to chap-
ter forty-four of the General Laws, exclusive of the limita-
tion contained in the first paragraph of section seven thereof.
Said municipalities may sell the said securities at public or
private sale but not for less than their par value.

Section 5. When the work herein authorized shall have
been completed, said bridge and the highway approaches
thereto shall be under the control of the commission, and the
cost of maintenance of said bridge and approaches shall be
assessed upon the municipalities of the metropolitan parks
district in proportion to the respective taxable valuations of
the property of said municipalities as defined by section fifty-
nine of chapter ninety-two of the General Laws.

Approved June 19, 1936.

An Act relative to reimbursement of cities and towns Qfid^n 373

BY THE COMMONWEALTH FOR THE CARE AND TREATMENT
OF CERTAIN NEEDY PERSONS.

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 preservation
of the public convenience.

Be it enacted, etc., as follows:

Section eighteen of chapter one hundred and twenty-two g. l. (Xer.
of the General Laws, as appearing in the Tercentenary Edi- amende^d.' ^ ^^'
tion, is hereby amended by striking out, in the eighteenth
and in the twentieth and twenty-first lines, the words "ten
dollars and fifty cents" and inserting in place thereof, in
each instance, the words : — twenty-one dollars, — and by
inserting after the word "allowed" in the twenty-first line
the following: — ; provided, that expenses incurred by a
town for tonsil and adenoid operations shall be reimbursed

464

Acts, 1936. — Chap. 379.

Reimburse-
ment of cities
and towns for
care of needy
persons.

by the commonwealth to an amount not exceeding fifteen
dollars in the case of any one such operation, — so as to
read as follows: — Section 18. Reasonable expenses incurred
by a town under the preceding section within five days next
before notice has been given as therein required and also
after the giving of such notice and until said sick person is
able to be removed to the state infirmary shall be reim-
bursed by the commonwealth. If the department, after
investigation, deems it expedient as an economy in expen-
diture and in the interest of the patient's health, it may
authorize reimbursement for aid rendered after the patient
has become able to be so removed, and, in its discretion,
until the patient is able to be discharged. If the depart-
ment considers it expedient to order the removal to the
state infirmary of a person whose physical condition is such
as to require attendance, reasonable expenses incurred for
such attendance as directed by the department shall also
be reimbursed by the commonwealth. Bills for such sup-
port shall not be allowed unless endorsed with the declara-
tion that, after full investigation, no kindred able to pay
the amount charged have been found, and that the amount
has actually been paid from the town treasury, nor unless
they are approved by the department or by a person desig-
nated by it; and not more than twenty-one dollars a week
shall be allowed for the support of a person in a town hos-
pital, and no charges of whatever nature in excess of the
said twenty-one dollars a week shall be allowed; provided,
that expenses incurred by a town for tonsil and adenoid
operations shall be reimbursed by the commonwealth to an
amount not exceeding fifteen dollars in the case of any
one such operation. Reimbursement by the commonwealth
under the provisions hereof shall be subject to the provisions
of section forty-two of chapter one hundred and twenty-one.

Approved June 19, 1936.

Chav.379 An Act providing for the retirement by the city of

GARDNER OF CERTAIN CALL MEMBERS OF ITS FIRE DE-
PARTMENT.

Be it enacted, etc., as follows:

Section 1. The chief of the fire department of the city
of Gardner, with the approval of the mayor, shall retire from
active service every call fireman, unless he is an officer of
said department, who prior to the effective date of this act
has attained, or thereafter shall attain, the age of sixty.
Every call fireman so retired shall receive an annual pen-
sion, payable monthly, equal to one half of the annual salary
received by him at his retirement if he was a member of
said department on said effective date, but not otherwise.

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

Approved June 19, 1936.

Acts, 1936. — Chap. 380. 465

An Act relative to the fees for the registration of Chap. S80

CERTAIN motor VEHICLES AND TRAILERS.

Be it enacted, etc., as follows:

Section 1. The paragraph of section thirty-three of Edo 'galas.
chapter ninety of the General Laws, inserted by section one etc!, 'amended!
of chapter four hundred and nine of the acts of nineteen hun-
dred and thirty-five, is hereby amended by striking out, in
the tenth Hne, the word "ten" and inserting in place thereof
the word: — six, — and by inserting after the word "equip- i

ment" in the thirty-eighth line the words: — , but in no
event less than six dollars, — so as to read as follows: —
(1) For the registration of every non-gasoline driven auto- Registration
mobile used for the transportation of goods, wares or mer- n^ot^f^lhicka
chandise except an electric motor truck or an electric com- and trailers.
mercial automobile, fifty cents, or, in the case of an electric
motor truck or an electric commercial automobile so used,
twenty-five cents, and of every gasoline driven automobile
so used, fifteen cents, for every hundred pounds of the weight
of such vehicle and of its maximum carrying capacity, but in
no event less than twenty dollars in the case of a non-gaso-
line driven automobile so used or six dollars in the case of a
gasoline driven automobile so used; provided, that for the
registration of every automobile of the semi-passenger type
of a carrying capacity not exceeding one thousand pounds
used for the transportation of tools, utensils, goods, wares
or merchandise, the fee shall be fifteen dollars when non-
gasoline driven and four dollars and fifty cents when gasoline
driven. (2) For the registration of every semi-trailer unit
used for the transportation of goods, wares or merchandise,
fifteen cents for every hundred pounds of the weight of such
semi-trailer unit and of its maximum carrying capacity, but
in no event less than twelve dollars. (3) For the registration
of each additional semi-trailer used with the tractor of a semi-
trailer unit so registered, ten dollars; provided, that, when
in use, the weight of the resulting semi-trailer unit and its
maximum carrying capacity does not exceed the weight and
maximum carrying capacity of the original semi-trailer unit
for which a registration fee as required by this section has
been paid. (4) For the registration of every heavy-duty
platform trailer, fifteen cents for every hundred pounds of
the weight of every such vehicle and its maximum carrying
capacity. (5) For the registration of every trailer of a carry-
ing capacity not exceeding one thousand pounds used for
the transportation of commodities in connection with com-
merce, four dollars and fifty cents, and when not so used,
one dollar. (6) For the registration of every tractor not a
part of a semi-trailer unit, fifteen cents for every hundred
pounds of the weight of such tractor and its equipment, but
in no event less than six dollars. The provisions of this
paragraph shall not applj'' to any vehicle the fee for the regis-
tration of which is provided for in the second preceding para-

466 Acts, 1936. — Chaps. 381, 382.

graph. The aforesaid weight shall mean the weight of such
vehicle when fully equipped for the road. The commissioner
of public works may establish rules for determining the weight
of such vehicle and its maximum carrying capacity, and he
may in his discretion use the maker's weight with due allow-
ance for extras.
Effective SECTION 2. This act shall take effect on the first day of

January, nineteen hundred and thirty-seven.

Approved June 19, 1936.

Chap.381 An Act providing for the acquisition by the common-
wealth FOR ARMORY PURPOSES OF A CERTAIN PARCEL OF
LAND IN THE CITY OF LYNN.

Be it enacted, etc., as follows:

Subject to the approval of the governor and council, the
armory commissioners are hereby authorized and directed
to acquire, for the purpose of increasing the facilities of the
state armory in the city of Lynn the parcel of land in said
city bounded and described as follows : — Northeasterly
by Pleasant street, eighty-two feet; thence southeasterly by
land now or formerly of Valeri, one hundred and thirty-five
and eighty one-hundredths feet; thence southwesterly by
land now or formerly of Maheras, thirty and sixty-two one-
hundredths feet; thence southeasterly by land now or for-
merly of Maheras, twenty-six and sixty-two one-hundredths
feet; thence southwesterly by land now or formerly of
Magrave, thirty-one and eighty-five one-hundredths feet;
thence southeasterly by land now or formerly of Magrave,
three and seventy-one one-hundredths feet to land now or
formerly of Pearce and of the commonwealth ; thence south-
westerly by land of the commonwealth, twenty-three and
nine one-hundredths feet; thence northwesterly by land
now or formerly of the Phelan estate, one hundred and
fifty-one and sixty-eight one-hundredths feet to said Pleasant
street and the point of beginning; and containing approxi-
mately twelve thousand four hundred and forty square feet.
For said purposes the armory commissioners may expend
such sum, not exceeding sixty-six hundred dollars, as may
hereafter be appropriated therefor.

Approved June 19, 1936.

Chap. 382 An Act authorizing the city of melrose to acquire

AND CONVEY TO THE COMMONWEALTH FOR ARMORY PUR-
POSES CERTAIN LAND IN SAID CITY.

Be it enacted, etc., as follows:

The city of Melrose may convey to the commonwealth for
armory purposes the whole or any portion of certain land
situated on Melrose street and Lynn Fells parkway in said
city, acquired by it for municipal purposes and no longer
needed therefor, or may take by eminent domain under chap-

Acts, 1936. — Chap. 383. 467

ter seventy-nine of the General Laws or acquire by purchase
or otherwise, and convey as aforesaid, such other land in
said city as it and the armory commissioners may deter-
mine to be necessary and suitable for said armory purposes;
and the armory commissioners are hereby authorized to ac-
cept such land in the name and on behalf of the common-
wealth. Approved June 19, 1936.

Chap.SSS

An Act providing for the disposition of unclaimed
money and property of former prisoners.

Be it enacted, etc., as follows:

Chapter one hundred and twenty-seven of the General g^^-- (J^*"-
Laws is hereby amended by inserting after section ninety- new kectiona
six, as appearing in the Tercentenary Edition, the two fol- added!"^ ^^^'
lowing new sections: — Section 96 A. So much of any funds Disposition
as represent monies belonging to, or deposited for the bene- "[ fo"mlr
fit of, prisoners who have been discharged or have escaped prisoners
from any state penal or reformatory institution, which shall
have remained unclaimed for more than ten years, shall be
paid by the warden or superintendent of such institution
to the state treasurer to be held subject to be paid to the
person estabhshing a lawful right thereto, with interest at
the rate of three per cent per annum from the time when it
was so paid to the state treasurer to the time when it is paid
by him to such person. After six years from the date when
any such monies were paid to the state treasurer the same
or any balance thereof then remaining in his hands may be
used as a part of the ordinary revenue of the commonwealth.
Any person may, however, establish his claim after the ex-
piration of the six years above mentioned and any claim so
estabhshed shall be paid from the ordinary revenue of the
commonwealth. Any person claiming a right to money de-
posited with the state treasurer under this section may es-
tabhsh the same by a petition to the probate court; provided,
that, in cases where claims amount to less than fifty dollars,
the claims may be presented to the comptroller, who shall
examine the same and allow and certify for payment such
as may be proved to his satisfaction.

Section 96B. Property belonging to, or deposited for the Disposition
benefit of, former prisoners of any state penal or reformatory pro"pCTty™^
institution, which shall have remained unclaimed for more pJigon^rg""
than one year, shall be disposed of as hereinafter provided,
by the warden or superintendent of such institution and a
representative of the department of correction designated
by it, acting as a special board for said purpose, but only if
all known next of kin of the former prisoner shall have been
notified in writing by said warden or superintendent. The
board shall ascertain whether the property has any sale value,
and, if so, shall solicit from at least three reputable dealers in
Hke property offers for the purchase thereof, and shall sell
the same to the dealer offering the highest price. The pro-

468

Acts, 1936. — Chap. 384.

ceeds of such sale shall be disposed of as provided in section
ninety-six A. The board may dispose of such of said prop-
erty as, in its opinion, has no sale value, or any of said
property for which no offer, solicited as aforesaid, has been
received, in such manner as it may deem proper. A com-
plete record of each transaction hereunder shall be made
and signed by both members of the board and filed with the
other records at such institution relating to the former pris-
oner whose property shall have been disposed of as aforesaid.

Approved June 19, 1936.

G. L. (Ter.
Ed.). 60A, § 1.
amended.

Chap.S84 An Act extending the motor vehicle excise tax, so

CALLED, SO AS TO APPLY IN THE CASE OF CERTAIN MOTOR
. VEHICLES REGISTERED IN THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. The first paragraph of section one of chapter
sixty A of the General Laws, as appearing in the Tercente-
nary Edition, is hereby amended by striking out the first
sentence and inserting in place thereof the following : —
Except as hereinafter provided, there shall be assessed and
levied in each calendar year on every motor vehicle regis-
tered under the provisions of chapter ninety, for the privilege
of such registration, an excise tax measured by the value
thereof, as hereinafter defined and determined, at the aver-
age state rate for the calendar year, as determined in the
manner provided in section fifty-eight of chapter sixty-
three, — so as to read as follows : — Except as hereinafter
provided, there shall be assessed and levied in each calendar
year on every motor vehicle registered under the provisions
of chapter ninety, for the privilege of such registration, an
excise tax measured by the value thereof, as hereinafter
defined and determined, at the average state rate for the
calendar year, as determined in the manner provided in
section fifty-eight of chapter sixty-three. For the purpose
of this tax the value of each such motor vehicle shall be
deemed to be the value, as determined by the commissioner
of corporations and taxation, hereinafter referred to as the
commissioner, of motor vehicles of the same make, type,
model, and year of manufacture, but not in excess of the
following percentages of the list price estabfished by the
manufacturer for the year of manufacture, namely: —

Excise tax on
motor vehicles.

In the year of manufacture ....

. 90%

In the second year .....

. 60%

In the third year ......

. 40%

In the fourth year .....

- 25%

In the fifth and succeeding years .

. 10%

Ed^eoZ" Section 2. Said section one of said chapter sixty A, as

§ 1, further SO appearing, is hereby further amended by striking out, in
the thirty-seventh line, the words "local board of assessors"
and inserting in place thereof the following: — oflficial or

amended.

Acts, 1936. — Chap. 384. 469

officials authorized to make tfie assessment, — so that the
last paragraph will read as follows : —

If a motor vehicle is registered after January thirty-first same
of any year the tax imposed by this section shall be that ^" '^'^*"
proportion of the tax for a full year which the number of
months in said year following the last day of the month
preceding that in which the motor vehicle is registered bears
to twelve. If a registered motor vehicle is sold or its owner-
ship transferred during any calendar year, and if notice to
the former owner of a tax on account thereof for that year
has already been issued pursuant to section two, that pro-
portion of the tax for a full year which the number of months
in said year remaining after the last day of the month in
which such sale or transfer occurred bears to twelve shall
be abated. If, however, the tax payer has not been notified
of said tax before notice of such sale or transfer has been
received by the official or ofl&cials authorized to make the
assessment, only that proportion of the tax for a full year
which the number of months in said year prior to the first ,
day of the month next following the month in which said
sale or transfer occurred bears to twelve shall be assessed.
The tax assessed under this section shall not be less than two
dollars and no abatement under this section shall reduce
the tax collected to less than two dollars.

Section 3. Said chapter sixty A is hereby further g. l. (Ter.
amended by striking out section two, as so appearing, and f a.^am^nded.
inserting in place thereof the following : — Section 2. If Collection
the owner of the motor vehicle registered is an individual °^*^''"
inhabitant of the commonwealth, or a partnership, volun-
tary association or corporation having a principal place of
business in the commonwealth or if the owner of the motor
vehicle registered is not such an individual, partnership,
voluntary association or corporation but the vehicle is cus-
tomarily kept in any particular municipality in the com-
monwealth, the local board of assessors shall assess the
tax imposed by section one, and commit the same to the
collector of taxes with their warrant for the collection thereof.
Otherwise the tax so imposed shall be assessed and collected
by the commissioner. The tax shall be assessed to the owner
of the motor vehicle registering the same, and the registrar
of motor vehicles shall promptly transmit to the commis-
sioner a notice of the registration of a motor vehicle subject
to this tax, giving the name and home address of the owner,
if an individual, or the name and principal place of business
in this commonwealth, if any, otherwise that outside the
commonwealth, if a corporation, partnership or voluntary
association, the municipality in which the vehicle is custom-
arily to be kept if it is to be kept in the commonwealth,
the name of the maker, the year of manufacture and the
model and type of vehicle. The commissioner may require
from the owner such further information as may be neces-
sary for the purposes of this chapter. The commissioner
shall, as soon as may be, transmit to the local boards of

470

Acts, 1936. — Chap. 384.

G. L. (Ter.
Ed.). 60A. § 3,
amended.

Remedies
of local
collectors.

G. L. (Ter.
Ed.), 60A. § 6,
amended.

assessors the information received relative to registrations
with respect to motor vehicles locally assessable sent to him
by the registrar of motor vehicles, and, under such provi-
sions as he deems best, make available to the local assessors
information showing the values as determined under section
one. The tax hereunder shall be due and payable at the
expiration of thirty days from the date upon which the
notice was issued by the collector or the commissioner pur-
suant to this section. The local tax collector or the commis-
sioner, as the case may be, shall seasonably notify the owner
of the tax assessed and the due date, but failure to receive
notice shall not affect the validity of the tax. The owner
may within six months of the date of the issuing of the
notice of assessment or of the date of sale or transfer, but
not later than January thirty-first of the succeeding year,
apply to the official or officials authorized to assess the tax
for an abatement, and, from a decision of the board of
assessors upon such application, an appeal may be taken
to the county commissioners or to the board of tax appeals,
all in accordance with the provisions of section sixty-four
or sixty-five of chapter fifty-nine, or from a decision of the
commissioner an appeal may be taken to the board of tax
appeals in the time and manner provided in the case of
appeals taken pursuant to the provisions of section seventy-
one of chapter sixty-three. If an abatement is granted of
a tax assessed by a local board of assessors, any overpay-
ment with interest thereon at the rate of six per cent per
annum from the date of payment shall be refunded by the
city or town treasurer from any available funds, upon cer-
tification by the tax collector and approval for payment
as required by section fifty-two of chapter forty-one, with-
out any appropriation therefor by the municipality. If an
abatement is granted of a tax assessed by the commissioner,
any overpayment with interest thereon at the rate of six
per cent per annum from the date of payment shall be
refunded by the state treasurer upon certification by the
commissioner without further appropriation. Owners who
neglect to pay taxes assessed under this chapter shall pay
interest at the rate of six per cent per annum from the time
when such taxes were payable until paid, if such payment
is made before the commencement of proceedings for recov-
ery thereof, and twelve per cent if made after the commence-
ment thereof. The notice issued pursuant to this section
shall bear on its face a statement of the time within which
petitions for abatement of the tax may be filed.

Section 4. Said chapter sixty A is hereby further
amended by striking out section three, as so appearing, and
inserting in place thereof the following : — Section 3. In the
collection of this tax, the local collectors and the commis-
sioner shall have all the remedies provided by chapter sixty.

Section 5. Section six of said chapter sixty A, as so
appearing, is hereby amended by striking out, in the first
line, the words "The taxes assessed" and inserting in place

Acts, 1936. — Chaps. 385, 386. 471

thereof the words : — Taxes locally assessable, — so as to
read as follows: — Section 6. Taxes locally assessable under where taxes
this chapter shall be laid and collected at the home address coUecred.
of the owner, if an individual, or at the principal place of
business in this commonwealth, if a partnership, voluntary
association or corporation, as determined by the owner's
registration, except that if a motor vehicle is customarily
kept in some other municipality, the tax shall be laid and
collected in such other municipality.

Approved June 19, 1936.

An Act repealing certain provisions of law relative Qhnj) 385

TO THE filing OF PETITIONS FOR ASSESSMENT OF LAND ^'

DAMAGES IN THE COUNTIES OF DUKES COUNTY AND NAN-
TUCKET.

Be it enacted, etc., as follows:

Section 1. Section fifteen of chapter seventy-nine of the g. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, is ^piaild. * ^^'
hereby repealed.

Section 2. This act shall take effect on September first Effective
in the current year. Approved June 19, 1936. '^**^'

An Act relating to the retirement of teachers for Qhn'Q QCg

incapacitation before attaining the age of SIXTY. ^'

Be it enacted, etc., as follows:

Section 1. Paragraph eight of section ten of chapter g. l. (Ter.
thirty-two of the General Laws, as appearing in the Ter- amend^ ^ ^°*
centenary Edition, is hereby amended by striking out, in
the second line, the word "twenty" and inserting in place
thereof the word: — fifteen, — so as to read as follows: —

(8) Any member of the association whose employment by Retirement
the commonwealth and service in the public schools amount of'crnaFr
to fifteen or more years, the last five years of which are con- teachers,
secutive, and who, before attaining the age of sixty, becomes
permanently incapable of rendering satisfactory service as a
teacher by reason of physical or mental disabihty, may,
with the approval of the board, be retired by the employing
school committee or other employer as provided in para-
graph (1).

Section 2. Paragraph (10) of said section ten, as so g. l. (Ter.
appearing, is hereby amended by adding at the end the §^'^o ' fi^ther
following new sentence : — In no case shall the annual pen- amended,
sion under this paragraph be less than the amount which,
when added to the annual amount which would have been
paid from the annuity fund if the member had chosen an
annuity computed under said clause (a), will provide a
retiring allowance of four hundred dollars a year, except
that this provision shall not apply to a member who does
not have to his credit at the time of retirement the assess-

472

Acts, 1936. — Chap. 387.

Same subject.
Minimum
retirement
allowance.

ments, with interest thereon, for service for a period of
fifteen years, — so as to read as follows : —

(10) Any member receiving a payment under the preced-
ing paragraph shall, if not rendered inehgible therefor by sec-
tion fifteen, receive from the pension fund for each year of
service a pension equal to one thirtieth of the pension which
would have been due him if he had retired at the age of
sixty, having paid thirty annual assessments to the annuity
fund, and received an annuity computed in accordance with
clause (a) of paragraph (3) of this section; provided, that
the minimum annual amount to be paid from the pension
fund shall be such that a member shall receive from this
fund, for each year of his service, one thirtieth of two hun-
dred and fifty dollars; and provided, further, that the total
retiring allowance shall not be greater than the amount
which the said member would receive if he were to continue
in service until the age of sixty, contributing annual assess-
ments based on his average yearly rate of salary for the five
years immediately preceding retirement, at the rate of
assessment in effect at that time. In no case shall the
annual pension under this paragraph be less than the amount
which, when added to the annual amount which would have
been paid from the annuity fund if the member had chosen
an annuity computed under said clause (a), will provide a
retiring allowance of four hundred dollars a year, except
that this provision shall not apply to a member who does
not have to his credit at the time of retirement the assess-
ments, with interest thereon, for service for a period of
fifteen years. Approved June 19, 1936.

Chap. S87 An Act subjecting the office of clerk of the regis-
trars OF VOTERS OF THE CITY OF MALDEN TO THE CIVIL
SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of clerk of the registrars of voters
of the city of Maiden shall, upon the effective date of this
act, become subject to the civil service laws, rules and regu-
lations, and the tenure of office of any incumbent thereof
shall be unlimited, subject, however, to said laws, but the
person holding said office on said effective date may con-
tinue therein without taking a civil service examination.

Section 2. This act shall be submitted to the registered
voters of said city at the state election in the current year
in the form of the following question which shall be placed
upon the official ballot to be used in said city at said elec-
tion:— "Shall an act of the general court passed in the
current year, entitled 'An Act subjecting the Office of Clerk
of the Registrars of Voters of the City of Maiden to the
Civil Service Laws', be accepted?" If a majority of the
voters voting thereon vote in the affirmative in answer to
said question, this act shall thereupon take full effect, but
not otherwise. Approved June 19, 1936.

Acts, 1936. — Chap. 388. 473

An Act permitting the use on the ways of the common- (JJiarf 388

WEALTH OF CERTAIN TRAILERS FOR THE TRANSPORTATION
OF HORSES.

Be it enacted, etc., as follows:

SS Section 1. Section nineteen of chapter ninety of the g. l. (Ter.
General Laws, as most recently amended by chapter three ^tll'ameidld.
hundred and twenty-six of the acts of nineteen hundred and
thirty-five, is hereby further amended by inserting after the
word "merchandise" in the thirty-first line the following: —
or a trailer used solely for the transportation of horses
by the owner of such horses under a special permit hereby
authorized to be granted to such owner by the department
of pubhc works, — so as to read as follows: — Section 19. Dimensions
No motor vehicle or trailer, the outside width of which is trucks and
more than ninety-six inches or the extreme over-all length *'"^'''=''^-
of which is more than twenty-eight feet, shall be operated
on any way without a special permit so to operate from the
board or officer having charge of such way or, in case of a
state highway or a way determined by the department of
public works to be a through route, from said department;
provided, that such width may be exceeded by the lateral
projection of pneumatic tires beyond the rims of the wheels
for such distance on either side of the vehicle or trailer as
will not increase its outside width above one hundred and
two inches; and provided, further, that the extreme over-all
length of a semi-trailer unit, wherever used, may exceed
twenty-eight feet but not forty feet, and the extreme over-
all length of a motor vehicle having three axles, wherever
used, may exceed twenty-eight but not thirty-three feet,
and such length of any other motor vehicle, or any trailer,
when used in localities or on ways designated by the said
department may exceed twenty-eight feet but not thirty-
three feet, except in any such case as authorized by a special
permit granted as aforesaid, and that, when used for the
transportation of poles or single units of lumber or metal,
such length may exceed twenty-eight feet but not sixty feet,
except as authorized by a special permit granted as afore-
said. The aforesaid dimensions of width and length shall
be inclusive of the load. No trailer having a carrying ca-
pacity of more than one thousand pounds, other than a
semi-trailer, or a heavy duty platform trailer used for pur-
poses other than the transportation of goods, wares and
merchandise, or a trailer used solely for the transportation
of horses by the owner of such horses under a special permit
hereby authorized to be granted to such owner by the de-
partment of public works, 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 dis-
tance not exceeding one half mile, if said trailer is used
exclusively for agricultural purposes, or for a distance not

474 Acts, 1936. — Chaps. 389, 390, 391.

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.
dSt?**''^ Section 2. This act shall take effect as of the first day

of January, nineteen hundred and thirty-six.

Approved June 19, 1936.

C hap. SS9 An Act authorizing the county of Middlesex to reim-
burse THE CLERK OF THE FIRST DISTRICT COURT OF
NORTHERN MIDDLESEX FOR MONEY STOLEN FROM THE
clerk's OFFICE OF SAID COURT.

Be it enacted, etc., as follows:

The county of Middlesex may pay to Richard T. Lilly,
clerk of the first district court of northern Middlesex, the
sum of eighty-five dollars and four cents, to reimburse him
for money stolen from the office of said clerk on August
twenty-third, nineteen hundred and thirty-five.

Approved June 19, 1936.

Chap. 390 An Act providing for the transportation of private

SCHOOL PUPILS TO AND FROM SCHOOL.

Be it enacted, etc., as follows:

Ed.^" lo!*"! 5. Clause (2) of section five of chapter forty of the General

amended. ' Laws, as appearing in the Tercentenary Edition, is hereby

amended by adding at the end thereof the following: —

Uon'^oPpritate Pupils attending private schools of elementary and high

school pupils, school grade, except such schools as are operated for profit,

in whole or in part, shall be entitled to the same rights and

privileges as to transportation to and from school as are

provided herein for pupils of public schools.

Approved June 19, 1936.

Chap. S91 An Act authorizing the registrar of motor vehicles

TO APPOINT hearings OFFICERS AND SUPERVISING IN-
SPECTORS, AND TO DELEGATE TO SUCH OFFICERS AND
INSPECTORS THE PERFORMANCE OF CERTAIN DUTIES.

Be it enacted, etc., as follows:

Ed.V.' 90!^'^' Section twenty-nine of chapter ninety of the General

i 29. etc.. Laws, as most recently amended by section one of chapter

'"*'" ^ ' four hundred and seventy-seven of the acts of nineteen

hundred and thirty-five, is hereby further amended by

striking out the second sentence and inserting in place

^fficers^and thcreof the following: — He may also appoint, and for

supervising causc rcmovc, a deputy registrar, an assistant to the regis-

'a^pofnt"-"" trar, hearings officers and supervising inspectors with power

roent of.

Acts, 1936. — Chap. 392. 475

to hold hearings, and may delegate to such deputy, assistant,
hearings officers and supervising inspectors the performance
of any duty imposed upon the registrar by any provision of
this chapter. Approved June 19, 1936.

An Act relative to the assignment of tax titles. Chav.Z^2
Be it enacted, etc., as follows:

Section 1, Chapter sixty of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by amend^ * ^^'
striking out section fifty-two and inserting in place thereof
the following new section : — Section 52. Cities and towns Management
may make regulations for the possession, management and fa°n1i taken^ etc
sale of land purchased or taken for taxes, not inconsistent for taxes. '
with law or with the right of redemption. The treasurer of
any city or town holding a tax title, upon payment to said
city or town of a sum not less than the amount necessary for
redemption, may assign and transfer such tax title to any
person and may execute and deliver on behalf of the city or
town any instrument necessary therefor. The treasurer shall
send notice of the intended assignment to the owner of
record at his last known address, by registered mail, at least
ten days prior to the assignment but failure to receive such
notice shall not affect the validity of the assignment. The
instrument of assignment shall be in a form approved by
the commissioner and shall be recorded within sLxty days
from its date and if so recorded shall be prima facie evidence
of all facts essential to its validity. Except as hereinafter
otherwise provided, all provisions of law applicable in cases
where the original purchaser at a tax sale is another than
the city or town shall thereafter apply in the case of such
an assignment, as if the assignee had been a purchaser for
the original sum at the original sale or at a sale made at the
time of the taking and had paid to the city or town the sub-
sequent taxes and charges included in the sum paid for the
assignment, provided that any extension of the time within
which foreclosure proceedings may not be instituted granted
by a city or town treasurer prior to assignment shall be
binding upon the assignee.

Section 2. Said chapter sixty is hereby further amended Ed^'eo^"^"
by striking out section sixty-two, as amended, and insert- §62,' etc.,
ing in place thereof the following : — Section 62. Any per- JJ^dem tion
son having an interest in land taken or sold for non-payment of land
of taxes, including those assessed under sections twelve, foJ^taxes.^"^*^
thirteen and fourteen of chapter fifty-nine, or his heirs or
assigns, at any time prior to the filing of a petition for fore-
closure under section sixty-five, if the land has been taken
or purchased by the town and has not been assigned, may
redeem the same by paying or tendering to the treasurer
the amount of the tax title account of the land being re-
deemed, and interest at six and one half per cent upon the
original sum for which the land was taken or sold, from the

476 Acts, 1936. — Chap. 392.

date of sale, and upon each sum certified in accordance with
section sixty-one, from the date of certification, together
with all charges lawfully added to the tax title account of
such land subsequently to such taking or sale, or may redeem
the same by paying or tendering to said treasurer instalments
on account of the tax title account, each of which except the
last, shall be in amount not less than twenty-five per cent of
the sum for which the land was originally sold, together with
the full amount of interest, as aforesaid, to the date of
payment of the amount of the tax title account or balance
•' thereof remaining due at the time of such payment, and all

charges lawfully ?added as aforesaid, until the full amount
of the tax title account, with interest as aforesaid and all
such charges, is paid. Each such instalment shall be received,
receipted for, and applied toward the redemption of the land
so taken or purchased. The treasurer upon accepting any
payment hereunder may extend the time during which pro-
ceedings for the foreclosure of all rights of redemption may
not be instituted, for a period not exceeding one year beyond
the time provided by section sixty-five; but not more than
one such extension shall be granted. An extension granted
hereunder shall be entered upon the tax title account, and
a written statement thereof shall be given to the person who
made the payment.

Any such person may so redeem by paying or tendering
to a purchaser, other than the town, his legal representatives
or assigns, or to the person to whom an assignment of a tax
title has been made by the town, at any time prior to the
filing of such petition for foreclosure, in the case of a pur-
chaser the original sum and intervening taxes and costs paid
by him and interest on the whole at said rate, or in the case
of an assignee of a tax title from a town the amount stated
in the instrument of assignment with interest at the rate of
six and one half per cent from the date of said assignment.
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 and the instru-
ment of assignment, if any. He may also redeem the land
by paying or tendering to the treasurer the sum which he
would be required to pay to the purchaser or to the assignee
of a tax title, with one dollar additional. If land taken by or
sold to a city or town for non-payment of taxes which has
not been assigned 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 deliver, on behalf of the
city or town an instrument which shall include a certifica-
tion of such redemption 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 refer-
ence to the record of the tax deed or taking sufficient to

Acts, 1936. — Chap. 393. 477

identify it, and which shall include also an acknowledgment
of satisfaction 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 right-
fully 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.

Nothing in this section nor in sections sixty-five to seventy-
five, inclusive, shall be constiTied to prevent the title of a
person or a city or town purchasing land at a sale under
section seventy-nine or eighty from becoming absolute with-
out any foreclosure proceedings under said sections sixty-
five to seventy-five, inclusive.

Section 3. Said chapter sixty is hereby further amended EJ^;^or"
by striking out section sixty-three, as amended, and insert- § 63,' etc.,
ing in place thereof the following: — Section 63. The treas- p^yl^ents
urer shall receive any money paid to him instead of the to collector,
purchaser or assignee of a tax title and give to the person
paying it a certificate specifying the amount paid, the name
of the person to whom and the real estate on which the tax
was originally assessed, and the registry of deeds and the
book and page of the records therein where the collector's
deed or evidence of taking and the instrument of assignment,
if any, is recorded; and the recording of the certificate in
said registry shall extinguish all right and title acquired under
the collector's deed or evidence of taking. The treasurer
shall forthwith pay over all money so paid, to the person
entitled thereto as determined by him, except that he shall
retain one dollar for the use of the town and shall account
to it therefor. If the amount so paid is less than the pur-
chaser or assignee was entitled to, the balance with interest
at eight per cent per annum may after demand therefor be
recovered in contract by the purchaser or assignee against
the person paying such amount, if the action is commenced
within three months after such payment to the treasurer.
, Approved June 19, 1936.

An Act authorizing the city of malden to continue njidj) 393

CERTAIN payments ON ACCOUNT OF THE DEATH OF CHARLES
H. NICHOLSON.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and
ninety-five of the acts of nineteen hundred and twenty-eight
is hereby amended by adding at the end the following: —
, except that payments to such widow hereunder may be

478 Acts, 1936. — Chap. 394.

continued so long as she remains unmarried, notwithstanding
the limitations contained in said section thirty-one, as
amended, — so as to read as follows: — Section 1. For the
purpose of promoting the public good, the city of Maiden
may pay to the widow of Charles H. Nicholson, formerly
inspector of wires in said city, who died on July twenty-
sixth, nineteen hundred and twenty-seven, as a result of
injuries received by him on March twenty-second, nineteen
hundred and twenty-seven, while in the performance of his
official duties as such, the amount to which she would be
entitled if sections sLxty-nine to seventy-five, inclusive, of
chapter one hundred and fifty-two of the General Laws, as
amended, had been in effect in said city at the time of said
injuries as to foremen, subforemen and inspectors, and sub-
ject to the conditions set forth in section thirty-one of said
chapter, as amended, except that payments to such widow
hereunder may be continued so long as she remains un-
married, notwithstanding the limitations contained in said
section thirty-one, as amended.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the city council of the
city of Maiden, subject to the provisions of its charter.

Approved June 23, 1936.

Chap.S94: An Act relative to the erection and use of buildings

AND OTHER STRUCTURES FOR STORING, MANUFACTURING
AND SELLING CERTAIN EXPLOSIVES AND INFLAMMABLE
MATERIALS.

p"ambk>?^ 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:

E'<L)',ui!' Section 1. Chapter one hundred and forty-eight of the

§ ^^•';?*<^' General Laws, as most recently amended in section thirteen
amen e . ^^ scction One of chapter one hundred and twenty-three

of the acts of nineteen hundred and thirty-five, is hereby
further amended by striking out said section thirteen and
f^'r'^st^rlge. inserting in place thereof the following: — Section 13. No
etc . of ' building or other structure shall, except as provided in sec-
tion fourteen, be used for the keeping, storage, manufacture
or sale of any of the articles named in section nine except
fireworks, firecrackers and torpedoes, unless the local licens-
ing authority shall have granted a license to use the land on
which such building or other structure is or is to be situated
for the aforementioned uses, after a public hearing, notice
of the time and place of which hearing shall have been given,
at the expense of the applicant, by the clerk of the city or of
the local licensing authority, by publication, not less than
seven days prior thereto, in a newspaper published in the

explosives.

Acts, 1936. — Chap. 394, 479

English language in the city or town wherein said land is
situated, if there is any so pubhshed 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 application for such license shall have
endorsed thereon the certificate of approval or disapproval
of the head of the fire department, and any license granted
hereunder, or any license for the keeping, storage, manu-
facture or sale of any of the articles named in section nine,
except fireworks, firecrackers and torpedoes, granted prior
to July first, nineteen hundred and thirty-six, including any
license reinstated and continued by the marshal as herein
provided, shall remain in force unless and until revoked as
hereinafter provided.

The owner or occupant of said land licensed as herein pro-
vided, and the holder of any license for the keeping, storage,
manufacture or sale of any of the articles named in section
nine, except fireworks, firecrackers and torpedoes, granted
prior to July first, nineteen hundred and thirty-six, includ-
ing any license reinstated and continued by the marshal as
herein provided, shall annually, on or before April thirtieth,
file with the clerk of the city or town where such license is
to be or has been exercised, or in Boston, with the fire com-
missioner, or in Cambridge, with the board of license com-
missioners, a certificate of registration setting forth the
name and address of the holder of such hcense; provided,
that no certificate of registration shall be required for any
building used as a garage for storing not more than three
vehicles, when once used under such a license. The depart-
ment may by regulation prescribe the amount of any of the
articles named in section nine that may be kept in a build-
ing or other structure without a license and registration, or
either of them. 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
department, respectively; provided, that the fee for such
registration shall be not more than one half of the amount
of the fee for such a license.

The marshal may, upon application and after a pubhc
hearing, reinstate and continue in force and effect any
license granted prior to July first, nineteen hundred and
thirty-six, for the keeping, storage, manufacture or sale of
any of the articles named in said section nine, except fire-
works, firecrackers and torpedoes, irrespective of the extent
of the use and occupancy of buildings or other structures
made or had under said license prior to the date of such
reinstatement and continuance, anything in the provisions
of this chapter to the contrary notwithstanding, unless prior
to such reinstatement and continuance said license has been
revoked for cause or the marshal shall have determined that
a fire or explosion hazard would result from the exercise of
such license.

480

Acts, 1936. — Chap. 395.

Application
of act.

Efifective
date.

Any license granted hereunder or any license for the
keeping, storage, manufacture or sale of any of the articles
named in section nine, except fireworks, firecrackers and
torpedoes, granted prior to July first, nineteen hundred and
thirty-six, including any license reinstated and continued by
the marshal as herein provided, may be revoked for cause,
after notice and a hearing given to such owner or occupant,
by the local licensing authority or by the marshal. Any
building or structure erected or maintained under any of
the aforementioned licenses shall always be subject to such
replacements and 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 consti-
tute a fire or explosion hazard may, within ten days after
the granting thereof, appeal to the marshal who, 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, and such
notice when received by such authority shall constitute a
revocation of such license and no further license for the same
or similar use of the same land shall be granted within three
years after the receipt by such authority of such notice.

Section 2. This act shall apply to all such licenses granted
under said section thirteen prior to the effective date of this
act, as well as to such licenses granted thereunder after
said date; and any building or other structurejj lawfully
used for any of the purposes specified in said section thir-
teen without a license may be continued in such use from
year to year as provided in said section as effective imme-
diately prior to July first, nineteen hundred and thirty-six,
and the provisions of said section as effective as aforesaid
shall continue to apply in such cases notwithstanding the
provisions of this act.

Section 3. This act shall take effect on July first of the
current year. Approved June 24, 1936.

Chav.SQ5 An Act relative to the maintenance and operation by

THE TOWN OF GOSNOLD OF A MUNICIPAL LIGHTING PLANT.

Be it enacted, etc., as follows:

Section 1. The provisions of chapter one hundred and
sixty-four of the General Laws, so far as they provide for the
supervision and control by the department of public utilities
of municipal lighting plants, shall not apply to the town of
Gosnold with respect to the maintenance and operation by
it of a power plant referred to in chapter three hundred and
nineteen of the acts of nineteen hundred and thirty-four, and
to the manufacturing by it of electricity in said plant and the
distribution thereof to itself and its inhabitants.

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

Approved June 24, 1936.

Acts, 1936. — Chaps. 396, 397. 481

An Act authorizing the construction and maintenance Chap.S96

OF A certain bridge OVER A CERTAIN CREEK IN THE NORTH
FALMOUTH DISTRICT OF THE TOWN OF FALMOUTH.

Be it enacted, etc., as follows:

Section 1. The heirs of the Taft estate, owners of certain
land in the North Falmouth district of the town of Fal-
mouth, and their successors and assigns, may erect and main-
tain a bridge, without a draw, across an unnamed creek which
subdivides said land, in connection with the laying out and
construction by said heirs of a highway, to be known as Bay
Shore drive, on said land. The construction and maintenance
of said bridge shall be subject to the provisions of chapter
ninety-one of the General Laws.

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

Approved June 24, 1936.

An Act further providing for a temporary additional Chap.S97
tax upon personal incomes, corporations, successions

AND legacies.

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

Be it enacted, etc., as follows:

Section 1. There is hereby imposed, in addition to the
taxes levied under the provisions of chapter sixty-two of
the General Laws, as appearing in the Tercentenary Edition,
and all acts in amendment thereof and in addition thereto,
taxes levied under the provisions of section nine of chapter
three hundred and seven of the acts of nineteen hundred and
thirty-three, as amended, and taxes levied under the pro-
visions of sections thirty to sixty, inclusive, of chapter sixty-
three of the General Laws, as appearing in the Tercentenary
Edition, and all acts in amendment thereof and in addition
thereto, an additional tax equal to ten per cent of the taxes
imposed under the provisions of said sections, acts and chap-
ters, and all provisions of law relative to the assessment,
payment, collection and abatement of the said taxes shall
apply to the taxes imposed by this section; provided, that
no tax assessed under this section in or on account of the
calendar year nineteen hundred and thirty-six shall bear
interest prior to October first of said year.

Section 2. All property subject to a legacy and succes-
sion tax under the provisions of chapter sixty-five of the
General Laws, as appearing in the Tercentenary Edition,
and of any further amendments thereof or additions thereto,
shall be subject to an additional tax of ten per cent of all
taxes imposed by said provisions. All provisions of law rela-
tive to the determination, certification, payment, collection

482 Acts, 1936. — Chaps. 398, 399.

and abatement of such legacy and succession taxes shall
apply to the additional tax imposed by this section.

Section 3. All the taxes provided by sections one and
two shall be retained by the commonwealth.

Section 4. A fiduciary shall be liable to pay a tax under
this act upon income received and distributed by him prior
to the effective date thereof only to the extent that such
fiduciary shall, after said effective date, hold as such fiduciary
funds of an estate or trust due to the beneficiary to whom said
income was distributed.

Section 5. Section one shall apply only to the assess-
ment of taxes in or on account of the calendar year nineteen
hundred and thirty-six. Section two shall apply only to
property or interests therein passing or accruing upon the
death of persons who die in the calendar year nineteen hun-
dred and thirty-six. Approved June 24, 1936.

Chap. S98 An Act further extending the time during which there

SHALL BE COLLECTED AN ADDITIONAL EXCISE TAX ON SALES
OF GASOLINE.

Be it enacted, etc., as follows:

Chapter two hundred and forty-eight of the acts of nine-
teen hundred and thirty-two, as amended by chapter three
hundred and thirty-six of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out, in
the sixth line, the word "thirty-seven" and inserting in place
thereof the word: — thirty-nine, — so as to read as follows:
■ — The time during which the additional excise tax of one
cent is imposed on each gallon of fuel, as defined in section one
of chapter sixty-four A of the General Laws, sold in the
commonwealth, is hereby extended to and including the
thirtieth day of April, nineteen hundred and thirty-nine,
and the provisions of section four of chapter one hundred
and twenty-two of the acts of nineteen hundred and thirty-
one shall apply to the tax so imposed during such extended
period. Approved June 2^, 1936.

Chap.S99 An Act authorizing the county commissioners of Bristol

COUNTY TO erect AND EQUIP CERTAIN BUILDINGS AT THE
BRISTOL COUNTY AGRICULTURAL SCHOOL.

Be it enacted, etc., as follows:

Section 1. The county commissioners of Bristol county
are hereby authorized, subject to the approval of the com-
missioner of education, to raise and expend a sum not exceed-
ing one hundred and fifty thousand dollars for the erection
and equipment of a building or buildings at the Bristol county
agricultural school, to replace the buildings and equipment
at said school destroyed by fire during the current year. In
the preparation of plans and specifications and before any

Acts, 1936. — Chap. 399. 483

contract is awarded or other liability is incurred, except such
as may be necessary in connection with such preparation
of plans and specifications, said commissioners shall consult
with the trustees of said school and with the commissioner
of education. All sums, if any, received from insurance on
and salvage from the former building, and from the federal
government for the purposes of this act, shall be included in,
and considered as a part of, the total amount authorized to
be expended hereunder.

Section 2. The provisions of chapter three hundred and
sixty-six of the acts of nineteen hundred and thirty-three,
and acts in amendment thereof and in addition thereto
whereby counties, cities and towns, and fire, water, light and
improvement districts may secure the benefits provided by
the National Industrial Recovery Act, and acts in amend-
ment thereof and in addition thereto or by any other act of
congress, are hereby extended and made applicable to the
county of Bristol for the purposes of the work contemplated
by this act, and the county commissioners of said county
shall, with the consent of the governor, take any and all
steps necessary from time to time to enable Bristol 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 or
any other act of congress.

Section 3. To provide funds for erecting and equipping
the building or buildings hereinbefore authorized, the county
treasurer, with the approval of the county commissioners of
Bristol county, may borrow from time to time on the credit
of the county such sums, not exceeding, in the aggregate,
one hundred and fifty thousand dollars, as may be neces-
sary, and may issue bonds or notes therefor, which shall bear
on their face the words, Bristol County Agricultural School
Loan, Act of 1936. Each authorized issue shall constitute a
separate loan. Such bonds or notes shall be payable in such
annual payments, beginning not more than one year from
the date thereof, as will extinguish each loan in not more than
fifteen years from their dates, and so that the amount of such
annual payment in any year shall not be less than the amount
of the principal of the loan payable in any subsequent year.
Such bonds or notes shall be signed by the treasurer of the
county and countersigned by a majority of said county com-
missioners. The county may sell said securities at public or
private sale upon such terms and conditions as said county
commissioners ma}'' 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.

Any sums received from the federal government for the
purposes of this act, and from insurance on and salvage from
the former building, may be applied toward payment either
of the expenditures authorized by section one of this act or of
the principal of the bonds or notes hereby authorized.

484

Acts, 1936. — Chap. 400.

Section 4. The county treasurer of Bristol county, with
the approval of said county commissioners, may issue tempo-
rary notes of the county, payable in not more than one year
from their dates, in anticipation of the issue of serial bonds
or notes under this act, and may renew the same; but the
time within which such serial bonds or notes shall become
due and payable shall not, by reason of such temporary notes,
be extended beyond the time fixed by this act. Any notes
issued in anticipation of the serial bonds or notes shall be
paid from the proceeds thereof or from grants or contribu-
tions received under authority of this act, or from all such
sources.

Section 5. This act shall take effect upon its acceptance
during the current year by the county commissioners of
Bristol county. Approved June 2^, 1936.

ChapAOO An Act amending the provisions of the general laws

RELATIVE TO CONTRIBUTORY PENSIONS FOR COUNTY EM-
PLOYEES, AND EXTENDING THE PROVISIONS THEREOF TO
INCLUDE EMPLOYEES OF COUNTY TUBERCULOSIS HOSPITAL
DISTRICTS.

Be it enacted, etc., as follows:

Section 1. Chapter thirty-two of the General Laws is
hereby amended by striking out sections twenty to twenty-
five, inclusive, as amended, and the heading before said
section twenty, and inserting in place thereof, under the
following heading, the fifteen following sections: —

G. L. (Tcr.
Ed.). 32,
§§ 20-25
stricken out,
and §§ 20-251,
inserted.

COUNTY AND CERTAIN HOSPITAL DISTRICT RETIREMENT
SYSTEMS.

Section 20. The following words and phrases as used in
sections twenty to twenty-five H, inclusive, unless a dif-
ferent meaning is plainly required by the context, shall have
the following meanings : —
Definitions. "Accumulatcd dcductions", the sum of all the amounts

deducted from the compensation of a member and standing
to his credit in the annuity savings fund, and regular interest.

"Actuary", a member of the actuarial staff of the division
of insurance of the department of banking and insurance
assigned by the commissioner of insurance to perform the
actuarial duties required by sections twenty to twenty-five
H, inclusive, in connection with any retirement system
established thereunder.

"Actuarial equivalent", a benefit of equal value, when
computed upon the basis of such mortality tables as shall be
fixed by the actuary and regular interest.

"Annuity", annual payments for life derived from the
accumulated deductions of a member. All annuities shall
be paid in equal monthly instalments.

"Annuity reserve", the present value of all payments to
be made on account of any annuity or benefit in lieu of an

Acts, 1936. — Chap. 400. 485

annuity, computed upon the basis of such mortality tables
as shall be fixed by the actuary and regular interest.

"Beneficiary", any person in receipt of a pension, annuity,
retirement allowance or other benefit as provided in sections
twenty to twenty-five H, inclusive.

"Board", the retirement board provided by section
twenty-five F to administer the retirement system.

"Creditable service", prior service plus membership serv-
ice for which credit is allowable as hereinafter provided.

"Employee", any person who is regularly employed in
the service of and whose salary or compensation is paid by
the county or hospital district, except teachers in the pubhc
schools, as defined by section six, and except such officers
elected by the people as are not required to devote a major
portion of their time to the duties of their office, as provided
in paragraph (1) (d) of section twenty-one. In all cases of
doubt the board shall decide who is an employee.

"Head of department", when used to denote the authority
having power to recommend the retirement of an employee,
the board, commission, committee, commissioner, superin-
tendent or other person having executive control over the
department or institution in which the employee is employed;
when used to denote a person to be retired, a commissioner,
superintendent or other individual having executive control
over a department, or a member of a board, commission or
committee having such control.

"Hospital district", the district of a hospital established
under sections seventy-eight to ninety, inclusive, of chapter
one hundred and eleven.

"Member", any employee included in the system.

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

"Pension", annual payments for life derived from con-
tributions made b}'- the county or hospital district. All pen-
sions shall be paid in equal monthly instalments.

"Prior service", service rendered prior to the date the
system becomes operative, for which credit is allowable as
provided in sections twenty to twenty-five H, inclusive.

"Regular compensation", the annual compensation law-
fully determined for the individual service of the employee,
excluding bonus or overtime payments but including such
allowances for other compensation not so paid in cash as are
provided for in section twenty-five G.

486 Acts, 1936. — Chap. 400.

"Retirement allowance", the sum of the annuity and the
pension.

"Service", service as an employee for which compensa-
tion is paid by the county or hospital district.

"The system", a contributory retirement system estab-
lished in any county which accepts sections twenty to twenty-
five H, inclusive, as provided in section twenty-five I.

MEMBERSHIP.

Membership. SectioTi 21. (1) The membership of the system shall be
constituted as follows: —

(a) Except as otherwise provided in paragraphs (6) and
{d) of this subdivision, all persons who, while under age fifty-
five, become employees of the county or hospital district
after the date on which the system becomes operative therein
and shall complete ninety days of service shall thereupon
become members of the system.

(6) Every person who is an employee of the county or
hospital district on the date when the system becomes opera-
tive therein, and who is not then covered by any other pen-
sion or retirement law of the commonwealth, shall become a
member as of the first day the system becomes operative,
unless at or before the expiration of ninety days thereafter
he shall file with the board on a form prescribed by it a notice
of his election not to become a member of the system and a
duly executed waiver of all present and prospective benefits
which would otherwise inure to him on account of his partici-
pation therein. All former employees of the county or hos-
pital district, not in its employ upon the date on which the
system becomes operative therein but re-entering the service
thereof within five j^ears from such date, may, except as
otherwise provided in the last sentence of paragraph (2) of
section twenty-five A, become members of the system upon
their own application, and disability beneficiaries restored to
active service to whom the provisions of paragraph (3) of
said section twenty-five A apply shall forthwith become mem-
bers of the system.

(c) An employee who is covered by any other pension or
retirement law of the commonwealth, including any special
law accepted by and applicable to employees of the county or
hospital district on the date when the system becomes opera-
tive therein, shall become a member of the system only if he
shall then or thereafter make written application to join the
system, and shall therein waive and renounce all benefits of
all other pension or retirement systems supported wholly
by the county or hospital district, as the case may be; pro-
vided, that no such employee shall receive credit for prior
service unless he makes such application for membership
within one year from the date the system becomes operative
therein; and provided, further, that upon such application
the pertinent provisions of section thirty-seven D shall apply
to such employee.

Acts, 1936. — Chap. 400. 487

(d) Any person holding office by popular election in a
county when the system becomes operative therein, who then
has completed not less than six years of continuous service
in said office, or who, after the date on which the system
becomes operative therein, shall complete six years of con-
tinuous service in said office, may, at his option, to be exer-
cised in writing not less than ninety days thereafter, become
a member of the system if the duties of his office require him
to devote a major portion of his time to the work of such
office, and such officer shall receive credit for prior service
in all elective and non-elective positions previously held by
him in such county, in the same manner as other employees.
Any employee of a county or hospital district who becomes
a member while holding a non-elective position, and who
thereafter accepts an office by popular election, shall retain
his membership in the system unless within ninety days after
such acceptance he files with the board on a form prescribed
by the board a notice of his election not to remain a member
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 therein, in which case his accumu-
lated deductions shall be paid to him. Any person not an
employee of a county who, after the date on which the system
becomes operative therein, is elected by popular election to
a county office in such county, and who is required to devote
a major portion of his time to the duties of his office, may
at his option become a member of the system as of the day
six years after he takes office; provided, that such option
shall be exercised in writing not later than ninety days after
the expiration of said six years.

(e) Except as provided in section thirty-seven D, no mem-
ber shall receive any pension or retirement allowance from
any other pension or retirement system supported wholly
or in part by public funds, or be required to make contribu-
tion to any other such pension or retirement system, anything
to the contrary in any general or special law notwithstanding.

(2) An employee of a county or hospital district under age
seventy on the date of application, whose membership in the
system is contingent on his electing to become a member,
and who elects not to become a member, may thereafter
apply for and be admitted to membership; provided, that
no such employee shall receive prior service credit unless he
becomes a member within one year from the date the system
becomes operative.

(3) Persons fifty-five years of age or over who originally
enter the service of the county or hospital district after the
date when the system becomes operative shall not become
members thereof, and no such employee shall remain in the
service of the county or hospital district after reaching age
seventy. The age limit of fifty-five specified in this paragraph
shall not apply to a former employee not in the service on
the date when the system becomes operative who again re-
enters the service within five years after leaving service and

488 Acts, 1936. — Chap. 400.

is under sixty years of age at the time of re-entering service,
but such person shall not be eligible for superannuation or
ordinary disability retirement until he has rendered at least
five years of continuous service following such re-entry.

(4) The head of each department shall submit to the board,
within thirty days after receipt from it of a request therefor,
a statement disclosing the name, title, compensation, duties,
date of birth and length of service of each employee in his
department.

(5) Should any member in any period of six consecutive
years after last becoming a member be absent from service
more than five years, or should any member withdraw his
accumulated deductions or become a beneficiary hereunder,
or die, he shall thereupon cease to be a member.

Creditable
service.

CREDITABLE SERVICE.

Section 22. (1) Subject to all provisions of this section,
an employee shall be credited with all membership service
rendered by him.

(2) Under such rules and regulations as the board shall
adopt, each person becoming a member within one year
from the date he first becomes eligible to membership, who
was in service at the time the system became operative, or
who re-entered the service within five years after last ren-
dering service prior to the time the system became operative,
shall file a detailed statement of all service as an employee
rendered by him prior to the day on which the system
became operative for which he claims credit, and of such
facts as the board may require for the proper operation of
the system.

(3) The board shall fix and determine by appropriate
rules and regulations how much service in any calendar 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 board allow credit as service for
any period of more than one month's duration during which
the employee was absent without pay; provided, that, in
the case of employees whose work is found by the board
to be seasonal in its nature, the board shall credit as the
equivalent of a year of service actual service of not less than
seven months in any calendar year.

Acts, 1936. — Chap. 400. 489

of service; but no prior service certificate so issued shall
include credit as prior service for any period during which
the member was a member of any other contributory retire-
ment system. So long as membership of an employee con-
tinues, his prior service certificate shall for retirement pur-
poses be final and conclusive as to such service; provided,
that any member may, within one year from the date of
issue or modification of such certificate, request the board
in writing to modify or correct his prior service certificate.
When the employee's membership ceases such prior service
certificate shall become void. Should the employee again
become a member, he shall enter the system as an employee
not entitled to prior service credit except as provided in
paragraph (3) of section twenty-five A. In case of his rein-
statement, upon the return of accumulated deductions as
provided in section twenty-five E or making provision
within one year for the return of such deductions, his prior
service certificate shall be reinstated. No provision for
reinstatement of a prior service certificate shall apply to an
employee who re-enters the service five years or more after
termination of his last previous service.

(6) For the purpose of determining the average annual
rate of regular compensation, the rate of compensation
received on the date immediately preceding a period of
absence without pay shall be used as the rate of compen-
sation for the period of creditable service without pay, but
in case a member resigned or was separated from service '

through no fault of his own prior to the effective date of
retirement, the five-year period prior to the termination of
his service referred to in paragraph (2) (d) of section twenty-
three and the five years prior to retirement referred to in
paragraph (2) (6) of section twenty-four shall cover the
service immediately preceding such resignation or separation,
as the case may be.

SUPERANNUATION RETIREMENT.

Conditions for Allowance.

Section 23. (1) Any member in service who shall have conditions for
attained age sixty, upon his own written application to the ^"owance.
board shall, or upon that of the head of his department or,
in the case of heads of departments, upon that of the county
commissioners, acting as such or as trustees of the hospital
district, may, be retired for superannuation not less than
thirty nor more than ninety days after the filing of such
application. A member whose retirement is applied for by
the head of his department or by the county commissioners,
as the case may be, shall be given a notice in writing of such
application forthwith and be given a hearing before the
board, if he requests such hearing in writing within ten days
of the receipt of such notice. Such hearing shall take place
not less than three nor more than fourteen days after re-
quest therefor. If the board finds on hearing that the mem-

490 Acts, 1936. — Chap. 400.

ber is able properly to perform his duties it shall thereupon
file a copy of its findings with the head of his department or
with the county commissioners, as the case may be, in which
case the member shall not be retired ; otherwise the retirement
shall become effective within the time hereinbefore provided.
Any member who shall have attained age seventy shall
be retired for superannuation upon attaining such age, or
within ninety days after the system becomes operative if
such age was attained prior to such date; provided, that
an employee who has attained age seventy when the system
becomes operative may, at his own request and with the
approval of the board, be continued in the service for a
period not exceeding two years, during which time no
deductions shall be made from his salary, and when so
retired shall receive a retirement allowance equal to that to
which he would have been entitled if retired at age seventy.

Amount of Allowance.

(2) Upon retirement for superannuation a member shall,
subject to paragraph (2) (d) of this section and to section
thirty-one C, receive a retirement allowance consisting of —

(6) A pension equal to the full life annuity specified under
paragraph (2) (a) of this section, except that the pension
shall not exceed the annuity purchased at retirement not
beyond age seventy by the sum which at age sixty would
purchase a full life annuity of six hundred and fifty dollars,
nor shall it exceed one third of his average annual rate of
regular compensation during the five years preceding ter-
mination of service; and

(c) If he has a prior service certificate in full force and
effect, an additional pension equal to the full life annuity
payable at attained age, not exceeding age seventy, which
would have resulted from accumulated deductions of ten
per cent of his average annual rate of regular compensation,
not exceeding fifty dollars per week, during the five years
immediately preceding the date on which the system became
operative, made during the period of his creditable prior
service and accumulated with regular interest at the rate of
three per cent to the date of his retirement.

(d) The value of the total pension under the two preced-
ing paragraphs, when added to the amount used to purchase
the life annuity referred to in paragraph (2) (a) of this sec-
tion or required to purchase a life annuity of six hundred and
fifty dollars at age sixty, whichever is the lesser, shall not
exceed the sum which is sufficient to purchase at age sixty a
retirement allowance of thirteen hundred dollars. No pen-
sion of a member, except as hereinafter provided, shall exceed

Acts, 1936. — Chap. 400. 491

one half the average annual rate of his regular compensation
for the five years prior to the termination of his service, and
no retirement allowance shall exceed two thirds of said aver-
age annual rate of regular compensation unless the annuity
exceeds one third of said average annual rate, in which case
the total pension shall be the pension provided under para-
graph (2) (6) of this section, the retirement allowance in all
cases to be determined on the basis of the full life annuity;
provided, that in case the period of prior service is less than
five years said prior service pension shall be computed on the
compensation received during the period of prior service
instead of the annual rate hereinbefore mentioned; and pro-
vided, further, that a member who has been an employee for
twenty or more years, or a member retired at age seventy
with not less than five years of creditable service, shall re-
ceive a pension which, when added to the annual amount to
which he would have been entitled if he had elected the full
life annuity, will provide a total retirement allowance of not
less than four hundred and eighty dollars a year.

(e) If a member under age sixty is separated from service,
through no fault of his own, after the date of establishment of
the system and after having completed not less than twenty
years of creditable service, he may, at his election, in lieu of
receiving his accumulated deductions, receive a retirement
allowance to be computed as prescribed in this section.

ORDINARY DISABILITY RETIREMENT.

Conditions for Allowance.

Section 24. (1) Upon application by a member in service Conditions for
or by the head of his department, or, in case of heads of '^"°^^'*<=«-
departments, by the county commissioners, acting as such or
as trustees of the hospital district, as the case may be, any
member who has had twenty or more years of creditable
service may be retired by the board, not less than thirty nor
more than ninety days next following the date of filing such
application, for ordinary disabihty; provided, that one or
more registered physicians selected by the board, after an
examination of such member, shall certify (1) that such
member is mentally or physically incapacitated for further
performance of duty and (2) that such incapacity is Hkely
to be permanent and provided, further, that the board is
satisfied that such member should be retired.

Amount of Allowance,

(2) Upon retirement for ordinary disability, a member
shall receive a superannuation retirement allowance if he has
attained age sixty; otherwise, he shall receive an ordinary
disability retirement allowance consisting of —

(a) An annuity, which shall be the actuarial equivalent of
his accumulated deductions at the time of his retirement; and

(6) A pension, in addition to his annuity, of one one hundred

492 Acts, 1936. — Chap. 400.

and fortieth of his average annual rate of regular compensa-
tion, not exceeding twenty-six hundred dollars, for the five
years prior to retirement, multiplied by the number of years
of membership service, not exceeding thirty-five, credited to
him since the date of establishment of the system; and

No retirement allowance provided by this section shall
exceed the superannuation retirement allowance the member
would have received had he remained in service until he
attained age sixty.

ACCIDENTAL DISABILITY RETIREMENT.

Conditions for Allowance.

Conditiona for SecHon 25. (1) Upon application by a member in service
or by the head of his department, or, in the case of heads of
departments, by the county commissioners, acting as such or
as trustees of the hospital district, as the case may be, any
member who is totally and permanently incapacitated for
duty as the natural and proximate result of an accident or of
undergoing a hazard peculiar to his employment, in the per-
formance and within the scope of his duty at some definite
time and place without wilful negligence on his part, which
accident occurred or hazard was undergone within two years
prior to said application, or as a result of an earlier accident
or hazard undergone which was reported in writing to the
board by the member or in his behalf within ninety days after
its occurrence, shall be retired not less than thirty nor more
than ninety days following the date of filing such application;
provided, that one or more registered physicians selected by
the board, after an examination of such member, shall certify
(1) that such member is mentally or physically incapacitated
for further performance of duty and (2) that such incapacity
is likely to be permanent; and provided, further, that the
board shall concur in such certification and find that the
mental or physical incapacity is the natural and proximate
result of such accident or hazard, that such disabihty is not
the result of wilful negHgence on the part of such member,
and that such member should be retired.

Amount of Allowance.

(2) Upon retirement for accidental disability, a member
shall receive a superannuation retirement allowance if he has
attained age sixty; otherwise, he shall receive an accidental
disability retirement allowance consisting of —

Acts, 1936. — Chap. 400. 493

(a) An annuity which shall be the actuarial equivalent of
his accumulated deductions at the time of his retirement;
and

(6) A pension equal to one half the rate of his regular
annual compensation on the date of the accident or hazard
undergone.

(3) If benefits are paid to a member under chapter one
hundred and fifty-two, benefits payable out of funds pro-
vided by the county or hospital district to such member
under this section shall be subject to section twenty-five D.

RE-EXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
OF DISABILITY.

Section 25 A. (1) Once each year during the first five Examination
years following retirement of a member on a disability retire- blnefici*ariel
ment allowance, and once in every three-year period there-
after, the board may require, and upon his application shall
permit, any disability beneficiary who has not yet attained
age sixty to undergo an examination by one or more registered
physicians designated by the board and approved by the
county commissioners, such examination to be made at the
place of residence of said beneficiary or other place mutually
agreed upon. Should any disability beneficiary who has not
yet attained age sixty refuse to submit to any examination
so required, his allowance may be discontinued until such
examination shall have been made, and, should his refusal
continue for a year, all his rights in and to his pension may
be revoked by the board.

494 Acts, 1936. — Chap. 400.

employment. If such beneficiary refuses so to return, said
board may revoke or suspend his pension. If a beneficiary
is so restored to active service at a compensation less than
said average annual rate of regular compensation, but greater
than the difference between the amount of such rate and his
retirement allowance, then the amount of his pension shall
be reduced to an amount which, when added to his annuity
and the compensation at which he is so restored, shall equal
the amount of the regular compensation which he was re-
ceiving when retired. Should his compensation be later
changed, the amount of his pension may be increased or re-
duced to conform to the foregoing provision. Such a benefici-
ary restored to active service at a compensation less than said
average annual rate of regular compensation shall not become
a member of the system, except as provided in paragraph
(3) hereof, and upon subsequent separation from service
without having become such member shall receive a retire-
ment allowance equal to that which he was receiving prior
to his restoration to active service. No such beneficiary
restored to active service shall remain in the service of the
county or hospital district after age seventy.

(3) Should a disability beneficiary be restored to active
service at a compensation not less than the amount of the
regular compensation which he was receiving when retired,
or should he, after being restored at a lesser compensation,
attain to such regular compensation, his retirement allowance
shall cease and he shall again become a member of the system.
Any prior service certificate, and any membership service
on the basis of which his service was computed at the time
of his retirement, shall thereupon be restored to full force
and effect, and upon his subsequent retirement he shall be
entitled to his original pension and, in addition, to such pen-
sion as may have accrued to him on account of service after
his return to service; provided, that the total pension on his
subsequent retirement shall not exceed the pension he would

. have received had he remained in service during the period
of his prior retirement. In addition, he shall receive the
annuity which is the actuarial equivalent of his accumulated
deductions.

(4) Upon application by a disability beneficiary within
five years after his pension has been revoked or suspended
under paragraph (2) of this section, the board shall cause
him to be again examined by a physician or physicians under
paragraph (1) hereof. If such physician or physicians certify
to the board that such beneficiary is not engaged or able to
engage in any gainful occupation or employment, or, in case
they certify that he is so engaged or able to engage, if the
board finds that his earnings or potential earnings are less
than the difference between his annuity and the average
annual rate of regular compensation used as a basis for his
retirement allowance, his pension may, by order of the board,
be restored to him from and after the date of said order, to
the extent provided in said paragraph (2).

Acts, 1936. — Chap. 400. 495

ACCIDENTAL DEATH BENEFIT.

Section 25 B. (1) If a member is killed or dies or a bene- Accidental
ficiary retired for accidental disability dies, and the board '^^^ ^^^ ^'
upon receipt of proper proof shall decide that such death was
the natural and proximate result of an accident or of under-
going a hazard peculiar to his employment, at some definite
time and place while the member was in actual performance
and within the scope of his duty, and was not the result of
wilful negligence on his part, and that such accident occurred
or hazard was undergone not more than two years prior to
the death, or that such death was the natural and proximate
result of such an earlier accident or hazard undergone which
was reported in writing to the board by the member or in
his behalf within ninety days after its occurrence, and if the
deceased member is survived by any of the dependents here-
inafter enumerated, there shall be paid, in addition to his
accumulated deductions, an accidental death benefit consist-
ing of a pension equal to one half the rate of regular annual
compensation received by the deceased member for the year
preceding the date of the accident or of undergoing the haz-
ard, said pension to be paid —

(a) To the surviving husband or wife of the deceased
member so long as he or she lives and remains unmarried; or

(6) If there be no surviving husband or wife, or, if the sur-
viving husband or wife dies before every child of such de-
ceased member shall have attained age eighteen, then to or
for the benefit of his children under said age, divided in such
manner as the board in its discretion shall from time to time
determine among all those under said age at the time of
determination, to continue until every such child has died or
attained age eighteen; or

(c) If there be no husband or wife or child under age eight-
een surviving such deceased member, then to his totally
dependent father or mother, or both and the survivor of
them, as the board in its discretion shall determine, to con-
tinue, while they are totally dependent for support on such
pension, for life or until remarriage.

(2) If there be any child or children of a member or bene-
ficiary referred to in paragraph (1) hereof who are under age
eighteen, or over said age and physically or mentally inca-
pacitated from earning, an additional pension at the rate of
two hundred and sixty dollars annually shall be paid for
each child of such member, to the child or his natural or legal
guardian, during such time as such child is under age eighteen
or over said age and physically or mentally incapacitated
from earning.

In no case shall the amount of all benefits provided in this
section exceed the rate of the regular annual compensation
of the deceased member on the date of the accident or hazard
undergone.

496

Acts, 1936. — Chap. 400.

Optional
benefits.

OPTIONAL BENEFITS.

Section 25C. Until the first payment on account of any
retirement allowance is paid, a member, or, if he be incompe-
tent, his wife, or if he have no wife his conservator or guard-
ian, may elect to receive, in lieu of the annuity provided for
by section twenty-three, a lesser annuity payable for life,
with the provision that if he die before he has received in
annuity payments the present value of his annuity as it was
at the time of his retirement the balance shall be paid to his
legal representatives, subject to paragraph (3) of section
twenty-five E.

Offsets.

COMPENSATION BENEFITS OFFSET.

Section 25D. Any amounts paid or payable by the county
or hospital district under the provisions of chapter one hun-
dred and fifty-two 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 under sections
twenty to twenty-five H, inclusive, payable out of funds
provided by such county or hospital district on account of
the death or disability of such member. In case of a lump
sum settlement under said chapter one hundred and fifty-
two, if the amount of said settlement is less than the re-
serve on the pension otherwise payable, such amount shall
be deducted from such pension reserve, and such benefits
as may be provided by the pension reserve so reduced shall
be payable.

RETURN OF ACCUMULATED DEDUCTIONS AND PAYMENT OF
AMOUNTS DUE ESTATES OF DECEASED MEMBERS.

^^ccumuiated SccHon 25E. (1) Wlthlu sixty days after filing with the
board a request therefor, any person who shall have ceased
to be an employee by resignation or discharge, or for any
reason other than death or retirement, who was a member
until he ceased to be an employee, and who was not eligible
for retirement at the time of such filing, shall, except as other-
wise provided in section thirty-seven D, be paid the amount
of his accumulated deductions; but after the expiration of
one year from the date of such resignation or discharge no
interest shall accrue to be included in such accumulated
deductions.

(2) Should a member or former member die, his accumu-
lated deductions, if any, shall be paid to his legal representa-
tives, subject to paragraph (3) of this section.

(3) Any sum of money otherwise payable to the legal rep-
resentatives of a deceased member or former member under
any provision of sections twenty to twenty-five H, inclu-
sive, other than this paragraph, shall be paid, subject to the
following conditions, to the beneficiary or beneficiaries nomi-
nated as hereinafter provided, if any, surviving at the death

Acts, 1936. — Chap. 400. 407

of such member or former member, as appearing in the
records of the association at his death, and such payment
or payments shall bar the recovery by any other person
of such sum. Any such member or former member, by a
written instrument duly executed by him and filed with
the board prior to his death, upon a form to be furnished
by the board, may nominate, and from time to time change,
one or more beneficiaries to receive, in designated propor-
tion, but not in the alternative, any such sum; and any
such person so nominated by a minor shall be of his kindred.
The sum which would have been paid to any beneficiary if
he had survived such member or former member shall be
paid to the legal representatives of such member, subject
to the conditions hereinafter provided in this paragraph.
Any question arising hereunder as to survivorship shall be
finally determined by the board. If any sum otherwise pay-
able to the legal representatives of a member or former mem-
ber under said sections, including this paragraph, does not
exceed three hundred dollars, and if there has been no de-
mand upon the board for payment of such sum by a duly
appointed executor or administrator of the estate of such
member or former member, and the board has not other-
wise been informed that probate proceedings relative to such
estate have been commenced, such sum may be paid, after
the expiration of three months from the date of death of
such member or former member, to the persons appearing,
in the judgment of the board, to be entitled thereto, and
such payments shall bar recovery by any other person.

ADMINISTRATION.

Section 26F. (1) The management of the system is here- Retirement
by vested in a board, the membership of which shall be con- bersWp™!™'

Stituted as follows : powers and

(a) The county treasurer, and

(6) One person who shall serve for a term of three years
commencing on the date when the system becomes operative,
and until the qualification of his successor, and who shall be
chosen by election by the members of the system within sixty
days after the system becomes operative, in a manner to be
determined by the county commissioners, or, in the event
that no such election has taken place, by appointment by
the county commissioners, and

(c) One person who shall be appointed by the other two
members of the board to serve for a term of one year com-
mencing on the date when the system becomes operative, and
until the qualification of his successor.

(2) As the terms of the members originally elected or
appointed expire, their successors shall be elected or ap-
pointed in the manner provided in paragraph (1) of this
section, to serve for terms of three years each and until the
qualification of their successors. If a vacancy occurs in the
elected or appointed membership of the board, for any cause

498 Acts, 1936. — Chap. 400.

other than the expiration of a term of ofiice, a successor to
the person whose place has become vacant shall be elected
or appointed for the unexpired term in the manner above
provided.

(3) The members of the board shall be reimbursed from
the expense fund for any expense or loss of salary or wages
which they may incur through service on the board.

(4) The board shall elect from its membership a chairman
and a secretary. Such clerical assistance and other services
as shall be required to transact the business of the system
shall be furnished by the county treasurer. Funds to meet
the expenses of administering the system shall be raised by
appropriations of the county from the annual tax levy. The
board shall submit an estimate of such expenses to the county
commissioners not later than January first of each year other
than the first year of operation. In said last mentioned year,
such amount as shall be required to defray the expenses of
the establishment and maintenance of the system shall be
paid from the county treasury.

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

(6) The board shall keep a record of all of its proceedings,
which record shall be open to public inspection. It shall
publish annually a report showing the fiscal transactions of
the system for the preceding 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 county commissioners
and they shall publish it with their annual report. Invest-
ments having fixed maturities and upon which interest is not
in default shall be carried at amortized values, and other
investments at a reasonable valuation as determined by the
commissioner of insurance.

Legal Adviser.

(7) The retirement board may employ an attorney from
time to time as required, with the approval of the county com-
missioners.

Medical Examinations.

(8) The board may employ registered physicians or other
qualified persons as examiners and may obtain X-ray plates
whenever in its judgment it is necessary to assist in determin-
ing the cause, nature and degree of disability under paragraph
(1) of section twenty-four or paragraph (1) of section twenty-
five, or to determine such facts at the time of a re-examina-
tion under paragraph (1) or (4) of section twenty-five A. If
the member's physician shall certify in writing to the board
that the physical or mental condition of the member will
not permit him to present himself for office examination he

Acts, 1936. — Chap. 400. 499

may be examined at his residence or wherever he may be.
All fees of physicians and other examiners employed by the
board, and all expenses of obtaining X-ray plates, shall be
subject to its approval, and upon such approval shall be paid
out of the expense fund. The decision of the board on the
question of disability and retirement shall be final, except
as otherwise provided in section thirty-seven C.

Duties of Actuary.

(9) The actuary shall be the technical adviser of the
board on matters regarding the operation of sections twenty
to twenty-five H, inclusive, and shall perform such actuarial
duties as are required in connection therewith.

(10) Immediately after the establishment of the system
the actuary shall make such investigation of the mortality,
service and compensation experience of the members of the
system as he shall deem necessary, and on the basis of such
investigation he shall recommend to the commissioner of in-
surance such tables and such rates as said commissioner
deems to be required.

(11) Three years after the system becomes operative, and
at least once in each five-year period thereafter, the actuary
shall make an actuarial investigation into the mortality,
service and compensation experience of the members and
beneficiaries of the system, and shall make a valuation of
the assets and liabilities of the funds thereof, and shall cer-
tify the rates of contribution payable by the county or hos-
pital district on account of members who have become such
subsequently to the date when the system became operative
therein.

(12) On the basis of such tables as the commissioner of
insurance shall from time to time prescribe, the actuary shall
make an annual valuation of the assets and liabilities of the
funds of the system.

METHOD OF FINANCING.

Section 25G. All of the assets of the system shall be Financing of
credited, according to the purpose for which they are held, Ifstem^^*'
to one of the following five funds, namely, the annuity sav-
ings fund, the annuity reserve fund, the pension accumula-
tion fund, the pension reserve fund and the expense fund.

Annuity Savings Fund.

(1) (a) The annuity savings fund shall be the fund to
which shall be paid the deductions from the compensation
of members. The county treasurer shall withhold five per
cent of the regular compensation not in excess of fifty dol-
lars weekly due on each pay day to all employees who are
members of the system. For the purpose of determining
hereunder the regular compensation of a member, in cases
where a member receives a non-cash allowance to cover

500 Acts, 1936. — Chap. 400.

compensation in the form of full or partial boarding in ac-
cordance with the practice in such county or hospital dis-
trict, such treasurer shall add to the cash payment for regu-
lar services an amount not to exceed seven dollars per week,
and the sum of said amount and said cash payment, not ex-
ceeding a total of fifty dollars weekly, shall be the basis upon
which annuity contributions shall be made. The foregoing
provision shall also apply in computing pensions based
upon prior service. The various amounts so withheld shall
be forthwith transferred to the system and credited to the
accounts of the respective members so contributing, and
shall be paid into and become a part of said annuity sav-
ings fund.

(6) In determining the amount of regular compensation
payable to a member in a pay-roll period, the board may
consider the annual rate of regular compensation payable to
such member on the first day of the pay-roll period as con-
tinuing throughout such pay-roll period, and need not make
any deduction from compensation for any period less than
a full pay-roll period if an employee was not a member on
the first day of the pay-roll period.

(c) The deductions provided for in this section shall be
made notwithstanding that the minimum compensation pro-
vided for by law for any member shall be reduced thereby.
Every member shall be deemed to consent and agree to the
deductions provided for in this section and shall receipt for
his full compensation, and the payment of his full compen-
sation with such deductions shall be considered a full and
complete discharge and acquittance of all claims and de-
mands whatsoever for the services rendered by him during
the period covered by such payment, except as to the bene-
fits provided under sections twenty-one to twenty-five H,
inclusive.

(d) In addition to contributions deducted from compen-
sation as hereinbefore provided, subject to the approval of
the board any member may redeposit in the annuity sav-
ings fund, by a single payment or by an increased rate of
contribution over a period not to exceed five years and be-
fore attaining age sixty, an amount equal to the total amount
which he previously withdrew therefrom under section
twenty-five E. Subject to like approval, any member may-
deposit in the annuity savings fund, in the form of addi-
tional regular contributions not exceeding the deductions
authorized by paragraph (1) (a) of this section, amounts
which, with regular interest, shall be used at his retirement
to purchase an additional annuity. The amounts deposited
to purchase such additional annuity shall be treated as part
of the member's accumulated deductions, except that in
the event of his retirement they shall not be used to increase
the pension payable. The accumulated deductions of a
member withdrawn by him or paid to his estate or to his
designated beneficiary in the event of his death, as provided
in sections twenty-one to twenty-five H, inclusive, shall be

Acts, 1936. — Chap. 400. 501

paid from the annuity savings fund. Upon retirement of a
member his accumulated deductions shall be transferred
from the annuity savings fund to the annuity reserve fund.

Annuity Reserve Fund.

(2) The annuity reserve fund shall be the fund from
which shall be paid all annuities and all benefits in lieu of
annuities. Should a beneficiary retired on account of dis-
ability be restored to active service with a compensation at
a rate not less than the rate of his regular annual compen-
sation at the^time of his last retirement, his annuity reserve
shall bej^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 payment
of all pensions and other benefits payable from contribu-
tions made by the county or hospital district, as the case
may be, 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 accumu-
lation fund shall be made as follows: —

(6) On account of each member there shall be paid an-
nually by the county or hospital district, as the case may be,
into the pension accumulation fund a certain percentage of
the regular compensation of each member for the preceding
fiscal year, to be known as the normal contribution, and
an additional percentage of his regular compensation, to be
known as the accrued liability contribution. The rates
per cent of said contributions shall be fixed on the basis
of liabilities of the system as determined by the commis-
sioner of insurance.

(c) On the basis of regular interest and of such mortality
and other tables as said commissioner shall prescribe, he
shall determine the percentage of the average of the regular
compensation of the members who became such subsequent
to the date when the system became operative, which per-
centage, if contributed on the basis of compensation of every
such member throughout his entire period of active serv-
ice, is computed to be sufficient to provide for payment of
any pension payable on his account. The rate per cent so
determined shall be known as the normal contribution rate,
and shall remain uniform and constant unless changed as
hereinafter provided. After the accrued liability contribution
has ceased to be payable, the normal contribution rate shall
be the rate per cent of the regular compensation of all mem-
bers obtained by deducting from the total liabilities of the
pension accumulation fund the amount of funds in hand
to the credit of that fund and dividing the remainder by one
per cent of the present value of the prospective future com-
pensation of all members as computed on the basis of the

502 Acts, 1936. — Chap. 400.

mortality and service tables, and regular interest. The nor-
mal rate of contribution shall be determined by said commis-
sioner after each valuation, as provided by paragraph (11)
of section twenty-five F.

(d) Immediately succeeding the first valuation so pro-
vided for, said commissioner shall compute the rate per
cent of the total regular compensation of all members which
is equivalent to five per cent of the amount of the total pen-
sion liability on account of all members and beneficiaries
not dischargeable by the aforesaid normal contribution
made on account of such members during the remainder
of their active service. The rate per cent originally so de-
termined shall be known as the accrued liability contribu-
tion 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 cent, 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 cent greater
than the preceding annual accrued liability contribution,
and that the aggregate payments of the county and hospital
district shall be sufficient, when combined with the amount
in the fund, to provide the pensions and other benefits pay-
able out of the fund during the year then current.

(/) The accrued liability contribution shall be discontinued
as soon as the accumulated reserve in the pension accumula-
tion fund shall equal the present value, as actuarially com-
puted and approved by said commissioner, of the total lia-
bility 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 ex-
ception of those payable on account of members who receive
no prior service allowance, payable from contributions of
the county or hospital district, shall be paid from the pension
accumulation 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 a bene-
ficiary retired on account of disability be restored to active
service with a compensation not less than his average regular
compensation for the year preceding his last retirement, an
amount equal to his pension reserve shall be transferred from

Acts, 1936. — Chap. 400. 503

the pension reserve fund to the pension accumulation fund.
Should the pension of a disability beneficiary be reduced as
a result of an increase in his earning capacity, the amount of
the annual reduction in his pension shall be paid annually
into the pension accumulation fund during the period of such
reduction.

Expense Fund.

(5) The expense fund shall be the fund to which shall be
credited all moneys appropriated by the county to pay, and
from which shall be paid, all necessary expenses in connection
with the administration and operation of the system.

A ppropriations.

(6) (a) On or before the first day of January in each year
the board shall certify to the county commissioners the
amount of appropriation estimated to be necessary to pay to
the various funds of the system the amounts payable by the
county as enumerated in sections twenty-one to twenty-five
H, inclusive, for the year beginning on said first day of
January, and items of appropriation providing such amounts
shall be included in the budget. Said board shall also, within
said time and in like manner, certify to the county commis-
sioners the amount estimated to be necessary to pay to such
funds, except the expense fund, the amount payable by the
hospital district under said sections for said period, and all
sums necessary during any year for this purpose shall be
assessed in January of that year with the assessments for
maintenance made in accordance with section eighty-five of
chapter one hundred and eleven and shall be collected in the
same manner as therein provided.

(6) If the income from investment of the funds is insuffi-
cient to pay regular interest, the amount required to meet
any such deficiency in any year shall be included in the
budget for the ensuing year as an item of appropriation or
assessment, as the case may be.

(c) To cover the requirements of the system for the period
prior to the date when the first regular appropriation or
assessment is available, such amounts as are necessary to
cover the needs of the system shall be paid from any avail-
able funds in the county treasury and charged against the
next annual appropriation or assessment, as the case may be.

MANAGEMENT OF FUNDS.

Section 25H. (1) Except as provided in paragraph (4) Management
hereof, the board shall invest the funds of the system in such °^ ^"° ^'
securities, other than mortgages, as are approved from time
to time by the commissioner of banks for the investment of
funds of savings banks under the laws of the commonwealth,
or shall deposit such funds in such banks.

(2) The board shall annually allow, from interest and
dividends derived from investments and deposits, regular

504

Acts, 1^36. — Chap. 400.

Acceptance of
act establish-
ing retire-
ment system.

interest on the average balance for the preceding year to the
credit of the various funds.

(3) The county treasurer shall be custodian of the several
funds. Payments from said funds shall be made by him
only upon vouchers signed by two persons designated by
the board, by a vote, a duly attested copy of which, bearing
upon its face specimen signatures of such persons, shall be
filed with the treasurer as his authority for making pay-
ments upon vouchers so signed. No voucher shall be drawn
unless it shall have been previously authorized by vote of the
board.

(4) For the purpose of meeting disbursements for pen-
sions, annuities and other payments, not exceeding ten per
cent of the total amount in the several funds of the system
may be kept on deposit in one or more banks or trust com-
panies 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
cent of the paid-up capital and surplus thereof.

ACCEPTANCE.

Section 251. Sections twenty to twenty-five H, inclu-
sive, may be accepted in any county except Suffolk by vote
of the county commissioners of such county. A copy of
such vote shall within thirty days thereafter be filed in the
office of the commissioner of insurance, who shall forthwith
issue a certificate that the system is established in said county
hy such vote, whereupon the system shall become operative
therein on the first day of January next succeeding such
vote; provided, that, if the county commissioners of any
county except Suffolk shall vote to accept said sections on
a date later than September thirtieth in any year, the sys-
tem shall become operative therein on the first day of July
in the succeeding year.

Acceptance of said sections, as hereinbefore provided,
by the county commissioners of any county within which a
hospital district exists shall operate as an acceptance of said
sections by said county and by said hospital district for the
benefit of their respective employees. In case a hospital district
is subsequently established in a county which has accepted
the provisions of said sections, said district and the employees
thereof shall forthwith become subject to said sections.

In case said sections are accepted in a county having a
contributory retirement system the retirement board thereof
shall continue in office, with the same powers and duties as
formerly, until the board established under said sections
commences to function thereunder; and thereafter said last
mentioned board, if any members of the previously existing

Acts, 1936. — Chap. 400. 505

retirement system shall not elect to become members of the
system under said sections or if there are any benejficiaries
of such previously existing retirement system, shall continue
to operate as to such members and beneficiaries such pre-
viously existing retirement system in accordance with the
provisions of law relative thereto, in addition to operating
the system under said sections, and the board of such pre-
viously existing system shall cease to exist; provided, that
the board established under said sections may in its discre-
tion merge similar funds under both systems.

In any county having a retirement system which accepts
the provisions of said sections twenty to twenty-five H, in-
clusive, any employee who has refused to join the previously
existing retirement system may join the system under said
sections, but shall receive a credit for his prior service only
if and when he shall deposit in a lump sum or in instalments
but not beyond age sixty the amount he would have con-
tributed had he joined the previously existing retirement
system, with regular interest.

Section 2. Section eleven of said chapter thirty-two, as g. l. (Xer.
appearing in the Tercentenary Edition, is hereby amended f^enled} "'
by striking out paragraph (5) and inserting in place thereof
the following : —

(5) All sums due the estate of a deceased member from Payments
the annuity and pension funds of the association shall be gciarretetc.
paid to such beneficiary as he shall have named in writing
on a form furnished by the board and filed with the board,
properly executed, prior to his death, and such payment shall
be a bar to recovery by any other person; provided, that if
there be no named beneficiary surviving the deceased mem-
ber, the amount due his estate shall be paid to his legal repre-
sentatives, and provided, further, that if the total amount
due to such legal representatives shall not exceed three hun-
dred dollars, and there has been no demand therefor by a
duly appointed executor or administrator, payment may be
made, after the expiration of three months from the date of
the death of such member, to the persons appearing, in the
judgment of the board, to be entitled thereto, and such pay-
ment shall be a bar to recovery by any other person. A
member may at any time revoke or change the designation
of a beneficiar}^ by a written instrument duly executed by him
and filed with the board prior to his death, the form for this
purpose to be furnished by the board.

Section 3. Said chapter thirty-two is hereby further g. l. (Ter.
amended by inserting after the heading general provi- new section
SIGNS immediately before section thirty-two, as appearing ^u. added.
in the Tercentenary Edition, the following new section: —
Section 31J . When used in sections thirty-two to thirty- interpretation,
seven D, inclusive, in connection with any contributory re-
tirement system provided for by the preceding sections of
this chapter, any word defined for the purposes of such
system shall have the meaning given by such definition, un-
less a different meaning clearly appears from the context.

506

Acts, 1936. — Chaps. 401, 402.

G. L. (Ter.
Ed.), 32,
§ 33, etc.,
repealed.

Effect of
acceptance
of provi-
sions of act.

Section 4. Section thirty-three of said chapter thirty-
two, as most recently amended by section two of chapter
three hundred and eighteen of the acts of the current year,
is hereby repealed.

Section 5. Sections twenty to twenty-five H, inclusive,
of chapter thirty-two of the General Laws, as appearing in
section one of this act, shall take effect in any county only
upon their acceptance as provided in section twenty-five I
of said chapter, as appearing in said section one. Sections
twenty to twenty-five, inclusive, of said chapter thirty-two,
as amended otherwise than by this act and amendments
hereof, shall continue in force as to any county which has
accepted said sections twenty to twenty-five, inclusive, in
the manner therein provided, until such county accepts sec-
tions twenty to twenty-five H, inclusive, of said chapter, as
appearing in section one of this act. After such acceptance
said sections twenty to twenty-five, inclusive, as amended
otherwise than by this act and amendments hereof, shall
remain in force only to the limited extent provided by sec-
tion twenty-five I of said chapter, as appearing in section
one of this act. Approved June 24) 1936.

ChapAOl An Act authoeizing the issuance without fee of cer-
tificates OF REGISTRATION FOR MOTOR VEHICLES AND
licenses to operate THE SAME TO CERTAIN FOREIGN
CONSULAR OFFICERS.

Be it enacted, etc., as follows:

Section thirty-three of chapter ninety of the General
Laws, as amended, is hereby further amended by inserting
after the word "corps" in the one hundred and fourth line,
as appearing in the Tercentenary Edition, the words : — or
to any foreign consular officer who is not a citizen of the
United States, — so that the last paragraph will read as
follows : —

The registrar or his authorized agent may, however, fur-
nish without charge copies of certificates of registration and
licenses to operate, and copies of other documents relating
thereto, to officers of the commonwealth or of any court
thereof or of a city or town therein; and the registrar
may issue certificates of registration for motor vehicles and
licenses to operate the same to any member of the foreign
diplomatic corps or to any foreign consular officer who is not
a citizen of the United States without the payment of the
fees therefor. Approved June 2^, 19S6.

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

Issuance of
certificates,
etc., without
fee.

Chap. 402 An Act dissolving certain corporations.

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

Certain

corporations

dissolved.

Acts, 1936. — Chap. 402. 507

fifty-six of chapter one hundred and fifty-five of the General
Laws : —

A & R Express, Inc., A. Herman Inc., Aircraft Engineer-
ing Corporation, Albert D. Howlett Liquidation Company,
Albert L. Berry Leather Company, Albert White Company,
Allen-Frost Fruit Products Company, Allied Meat Markets,
Inc., Ambor Leather Co. Inc., American Credit Service
Company, American Libraries Inc., American Reacted Plas-
ter Corporation, American Spirits Inc. of New England,
Appleton Cloak and Suit Store, Inc., Architects Exhibit
Corporation, Arlmont, Inc., Arns Dressed Meat Co., Inc.,
Art Craft Engraving Co., Inc., Arthur Brooks Company,
Associated Oil Company, Athol Chronicle, Inc., The, At-
lantic & Gulf Stevedores, Inc., Atlantic Building Wrecking
Co., Atlantic Engineering Corporation, Atlantic Paper Com-
pany, Atlantic Refractories Company, Atlas Beverage Co.
Inc., Auburn Last Company, Automatic Floor Waxing
Machine Corporation.

B & M System, Inc., B. J. Bonardi Construction Com-
pany, Inc., Bankers Mortgage & Investment Co. of Boston,
Bates Piano Company, Bay Realty Inc., Bay State Dairy-
men's Co-operative Association, Beacon Company, Inc.,
Beaconsfield Laundries Co., Beauty Studios, Inc., Belmont
Paint Company, Ben Levy Co., Berkshire Heat & Power
Equipment Inc., Berkshire Tube Company, Berry & With-
ington Co., Bethlehem Furniture Co., Inc., Better Way Shoe
Process, Inc., Binder & Peltz Dress Co., Blackstone Valley
Distilleries, Inc., Blue Hill Laundry Corp., Blue Ribbon
Baking Co., Blue Store Candies, Inc., Bofel Rug Co. Inc.,
Bolduc & Sons, Inc., Bond Company, The, Bootery Inc.,
The, Booth Fisheries Company, Boston Decal Company,
The, Boston Horse Sale Company, Inc., Boston Motor Car
Co., Boston Packing and Provision Company, Boston Sales
Co. Inc., Boughton Company, Inc., The, Boyd Drug Co.,
Brigham and Stockwell Electrical Company, Bristol County
Ice Cream Company, Brockton Auto Exchange, Brockton
Last Mfg. Co., Brockton Webbing Co., Inc., Brookline Con-
struction Company, Burditt & McKenney Company, Busi-
ness Publications, Inc.

C. A. Noyes Co., C. C. Harvey Company, C. F. Edwards
Company, Cake Box, Inc., The, Cambridge Finance Cor-
poration, Canal Leather Co., Inc., Canner Community Cor-
poration, Canton Paint & Wallpaper Co., Inc., Cape Cod
Airport Corporation, Cape Cod Mfg. Co., Capital Hard-
ware Company, Carolina Dyeing and Winding Company,
Carroll Hixon Jones Company, Cash Purchase Club, Inc.,
Centrifugal Gun Corporation, Chadwick Realty Company,
The, Challengers Corporation, Charak Chair Company,
Charles A. Brown, Inc., Charles A. Vinal & Co. Inc., Charles
Beecher Company, Inc., Charles H. Cox Co., Chelsea Motor
Sales, Inc., Christian's Oil Burner Service Co., Circle Grill,
Inc., The, dayman Shoe Mfg. Co., Clinton Buildings Cor-
poration, Clinton Shoe Co., Inc., Clough & Shackley, Inc.,

508 Acts, 1936. — Chap. 402.

Clover Worsted Mills, Coastwise Lighterage Co., Colgate
& Lamb Catering Co., Inc., Colloid Leather Corp., Colonial
Chevrolet, Inc., Colonial Cleansing Corporation, Colonial
Coffee House Inc., Colonial Pharmacy, Inc., Colonial Tav-
erns Incorporated, Combine Billiard Room, Inc., Common-
wealth Paper Box Co., Inc., Community Theatres, Inc.,
Compressed Coal Corporation, Congress Mills Company,
Connecticut Valley Engraving Co., Connecticut Valley
Hotel Corporation, Consolidated Trucking Company, Cool-
idge Corner Bootery Inc., Craftwoven Fabrics, Inc., Credit
Discount Company, Inc., Credit Safeguard Bureau, Inc.,
Crescent Company of Keene, N. H. Inc., Crowell Wet Wash
Laundry, Inc., Cunningham Shoe Company, The.

D. B. H. Power Inc., Dancette Shoe Co., Dedham-
Foxboro Nurseries, Inc., Dedham Union Market, Inc.,
Deming Park Realty Company, The, Denby Pro\ision Co.,
Dependable Operators Corporation, Devonshire Insurance
Service, Inc., Dewey Clothes Shop, Inc., Diamond Cleansers,
Inc., Directors' Service, Inc., Dock Square Tap, Inc.,
Dolly's Dress Shoppe Inc., Dowmar Realty Company, Dun-
can & Goodell Co. (1887).

E. L. Buell, Inc., East Milton Motors, Inc., Eastern Oil
and Rendering Company, Eastern Press Incorporated,
Eaton Pharmacy, Inc., Edward T. P. Graham Incorporated,
Edwards Company, The, Egypt Garage and Machine Com-
pany, Elite Restaurant, Inc., The, Ellis and Lane, Incorpo-
rated, Emery Street Realty Co. Inc., Empire Manufacturing
Company, Inc., Enterprise Heater Company, Essex Furs
Inc.

F. L. Coburn Company, Fairburn's Market, Incorporated,
Falmouth Farmers' Cooperative Association, Farmers Co-
operative Trading Association of Ashburnham, Fashion
Novelty Co. Inc., Fay-Kearns Electric Supply Co., Federal
Distributing Corporation, Fellowcrafters, Incorporated
(1932), Fellsway Company, Inc., Fibreforce Incorporated,
Fitzpatrick Electrical Corporation, Flexible Shoe Corpora-
tion, Flint Mills, Flint Realty Company, Flying Dude Diner,
Inc., Foley Linotyper, Inc., Forbes Shoe Company, Inc.,
Fox Engineering Company, Frank W. Browne Pharmacy,
Inc., Franklin Laboratories, Inc., The, Franklin Pictures
Corporation, Frasca Beauty Shop, Inc., Freeland, Bates &
Lawrence, Inc., Furbush & Company, Incorporated.

G. B. Theaters Corporation, G. W. Poole Printing Co.,
Gallagher Bottle Capping Machinery Co., Gardner Shoe
Company, General Bank Equipment Company, General
Patents Corporation, General Reports Incorporated, Gen-
eral Tire Sales Co. of New Bedford, Inc., The, Geo. M.
M'Coy & Son Inc., George W. Stevens, Inc., Germania
Mills, Giant Paint Corporation, Gillespie Coal Company,
Glendore Tavern, Inc., Globe Printers' Roller Company,
Inc., Glow Electrical Co., Inc., Godfrey Stamp Works, Inc.,
Golden's, Inc., Goldstein Brothers Amusement Company,

Acts, 1936. — Chap. 402. 509

Gorham Press, The, Granite State Products Co., Gray-
United Stores Inc., Grogan Lumber Co.

H. Edinberg Incorporated, H. J. Marks, Inc., Hamilton
& French Express Co., Hard Metal Alloys, Inc., Harry
Archer, Inc., Hart & Howland, Inc., Hartwell Corporation,
Hastings & Sanders Construction Co., Heat-0-maT Corpo-
ration, Helene, Inc., Henderson Beal Management Corpora-
tion, Henri's Grill & Bar, Inc., Henry H. Tuttle Company,
The, Herman Garage Corporation, Hind Roofing Corpora-
tion, Hingham Wharf and Land Company, Holland Grill,
Inc., Home Inspection Service Inc., Hooker-Essman Press,
Inc., Hopkins, Inc., Horace Raymond, Inc., Hotel Biltmore,
Inc., Hound & Horn, Incorporated, The, Howard
Motors Inc., Hub Sand and Gravel Company, Hub Scrap
Iron & Metal Co. Inc., Hunt Metal Corner Bead Company
of Lowell, Hutchinson's Inc., Hyannis Airport Associates,
Inc., Hyannis Airport Corporation,

I. Glaser & Co., Incorporated, Ideal Mattress Corporation,
II Casino, Inc.

J. B. Johnson, Inc., J. C. Prenney Company, J. E, Benoit
Company, J. H. Osgood Company, J. McCormick Ross &
Co. Inc., J. Meyers Company, J. W. A. Brown Company,
Incorporated, The, Jackson Door & Window Co., Jacob
Norton's Sons Co., Jas. E. Stuart Co., Inc., James J. Con-
way Corporation, Johanson Tool Corporation, John David-
son's Sons, Inc., John Gilbert Import Company, Joseph A.
Boyer, Inc., Julep Cigarette Company.

K. & F. Shoe Mfg. Co., K & O Chemical Company,
Karalekas Bros., Inc., Kimball's, Inc., Klonower-Flaherty
& Co. Incorporated, Kneeland Motors, Inc.

L. Goldberg, Incorporated, L. I. Smith & Son Inc., L.
Morse & Sons, Inc., Lane Improvement Company, Lane,
Inc., Laporte Auto Schools Inc., Lawrence Auto Sales, Inc.,
Lemonina, Inc. of New England, Lenasons, Inc., Linch's
Bar & Grill, Inc., Lincoln Foundry, Inc., The, Lincoln Realty
Corporation of Lynn, Lincoln Square Drug Company, Lin-
coln Textile Company, Inc., Linn Realty Service, Incorpo-
rated, Lipshires-Dixon Sales Co., Lone Eagle Corporation,
The, Longfellow Pharmacy Inc., Louis Dickerman and Com-
pany Incorporated, Louis Halpern Shoe Corporation, Lovell
Shoe Inc., The, Lucas & Coe, Inc., Lun Ting Company.

M. J, Doran Company, MacDonald Trucking and Elec-
trical Company, Mahan's Drug Store, Incorporated, Majco
Amusement Company, The, Majestic Amusements Inc.,
Majestic Cloak and Suit House, Inc., The, Maiden and
Bermuda Realty Co., Mann Jewelry Company, Mansfield
Gladiolus Corporation, Marion Realty Corporation, Mar-
mon Shoe Co., Mars Construction Company, Marvel Sign
Company, Marvins Shoe Stores, Inc., Massachusetts Adver-
tising Corporation, Massachusetts Peat Fuel Company,
Mattapan Laundry, Inc., Matthews-Mayer-Tuch Co.,
Maurice F. Horan and Company, Inc., Max M. Tushins

510 Acts, 1936. — Chap. 402.

Corporation, May's, Inc., McDowell Company, Inc.,
McLean Company, Mears Lunch, Inc., Melrose Citizen,
Inc., The, Memorial Drive Danceland, Inc., Mercantile
Discount Corp., Merchants Collection Service, Inc., Mer-
shon Wood Heel Co., Inc., Metro Oil Burner Manufactur-
ing Company Incorporated, Miah J. Murray Real Estate
Company, Midway Co., Milford Corporation, The, Mill
Shirt Corporation, The, Miller's Women's Shop, Inc., Milro,
Inc., Milton Sales Corporation, Minute Man Sales Corpora-
tion, Miracle Stores, Inc., Mirilite Inc., Mitchell-Douglas
Company, Mohawk Towel Supply Co. Inc., Molded Prod-
ucts Inc., Moody Monument Company Inc., Moore Hos-
pital Inc., The, Moorland Realty Corporation, Moses Glaser
& Sons, Inc., Mystic Art & Gift Shoppe, Inc., Mystic Lunch
Co., Inc.

National Clothing Stores, Inc., The, National Detective
Bureau, Inc., National Food Products Co. Inc., The, Na-
tional Mercantile Association of N. E. Inc., National Mer-
chants Protective Association, Inc., National Plumbing Sup-
ply Company, Needham Masonic Hall Association, Neil A.
Crimmins, Inc., New England Auto & Parts Terminal, Inc.,
New England Chemical Sales Corporation, New England
Clothier, Inc., New England Paper Bag Corporation, New
York Cleaners & Dyers, Inc., The, Newton Corner Wine
Shop, Inc., Newton Memorial Art Company, Neylon, Inc.,
Ni-Klo Products Company, Nicoll Studios, Inc., Niles
Company, Inc., The, Noddle Island Loan Association, Inc.,
Norman's Inc., Nornay Worsted Company, North Margin
Street Stables, Inc., North Shore Fibre Company, Inc.,
Northeastern Insurance Agency, Inc., Northeastern Pub-
lishing Company, Northern Heel Corporation, Norwood
Electric Foundry Co., Nu-Lite Lamp Co.

0. & J. Machine Company, The, Oak Cut Sole & Leather
Co., Oak Hill Village Home Builders Inc., Oakdale Realty
Company, Old Colony Products Company, Old New Eng-
land Craftsmen, Inc., Old Silver Beach Corporation, Old-
farm Homesteads, Inc., Orange Products Company, Osborne
Realty Corporation.

P. Derby Co., P. N. Lane Company, Pacific Kimono
Company, Paprex Fiber Company, Paramount Showers,
Incorporated, Paramount Tailors Inc., Park Lane Frocks,
Inc., Parker, Incorporated, Paul Giroud Inc., Peacock Inc.,
The, Pearl Sea Grill, Inc., Pearse Leather Corporation,
Pearson Brothers, Incorporated, Peck Business Corpn.,
Peerless Club, Inc., Peerless Mattress Company, Perkins-
Strongman Corporation, Permis Products, Inc., Perry &
Elliott Company, Perry O. Allen, Inc., Perry's Foods Co.,
Perry's Shoe Repairing Co. Inc., Peter Gray & Sons Incor-
porated, Peter P. Shats Shoe Company, Inc., Phoenix Ice
& Fuel Co., Physical Culture Club, Inc., Pierce-Arrow Sales
Company of Boston, The, Pierce-Williams Memorial Art,
Inc., Pierre's Beauty Salons, Inc., Pilgrim Mortgage and
Realty Company, Pilgrim Stages Inc., Pleasure Gardens,

Acts, 1936. — Chap. 402. 511

Inc., Plumas Securities Company, Port Norris Fruit Co.,
Post's Taste-T Foods, Inc., Powow Motor Co., Inc., Prager
Realty Corporation, Precision Printing Roller Company,
Incorporated, Prime Upholstering Co., The, Private In-
vestors, Incorporated, Program Corporation, The, Prospect
Shoe Company, Puritan Distilleries Corp., Puritan Invest-
ment Company Inc., The, Puritan Memorial Association,
Inc., Puritan System Inc., Putnam-Wilson Co.

Quaker Silver Co., Queen City Stages, Inc.

Radcliffe, Inc., The, Radio Mart, Inc., Rand Motor Serv-
ice Inc., Randall Manufacturing Company, Ray Tanning
Corp., Red Diamond Trawling Corporation, Regan's Grill,
Inc., Reliable Cloak and Suit House Inc., Replacement Parts
Company Inc., Rex Clothing Corporation, Rich Printing
and Engraving Company, Incorporated, Richard French Iron
Works, Rite-Away Products Company, Incorporated, River-
side Corporation, Robert J. Gauvreau & Co. Inc., Robinson
Building Company, Roby Thomas Co., Roger Sherman New
Deal Packing Company of Massachusetts and New York,
Rogers & Brown, Incorporated, Rose Bakery, Inc., Rounds-
man Food Products, Inc., Royalton Manufacturing Com-
pany, Inc., Ryan-Cushing Co.

S & L Corporation, S. M. Harris Co., Safety Rubber Traf-
fic Marker Corporation, Safety Tire & Battery Company,
Inc., Salem Turn Shoe Company, Salles Insurance Agency,
Inc., Sally Dress Shop of Plymouth, Inc., The, Samoset
Chocolates, Incorporated, San Carlo Restaurant, Inc.,
Schmid Patent Corporation, Scutt Shoe Co., Inc., Sears
Corporation, Sears Salvage Co., Security Mercantile Serv-
ice, Inc., Security Rubber and Belting Company of New
England, Security Stopper Company, Self-Servis Grocery
Mart, Inc., Serrington Laboratories, Inc., Sheppie Gross-
man, Inc., Sherman Oil Burner System, Incorporated, Signet
Shoe Company, Simplex Refrigeration, Inc., Solby, Mon-
tague Co., Somerville Hudson-Essex Co., South Boston
Liquor Company, South Boston Motor Mart, Inc., Soya
Products Company, Inc., Sparrow and Meins, Inc., Sports
Liquidation Corporation, Springfield Journal Publishing
Company, Inc., The, Square Deal Cash and Carry Chain
Stores, Inc., Stanley Laundry, Inc., Staon Handy Cap Com-
pany, Star Book Binding Company, Inc., Steiger-Cox Com-
pany, Sterling Crushed Stone Company, Inc., Sterling
Laundry Company, Sterling Shoe Corporation, Stetson Rub-
ber Corporation, Stone & Webster, Inc., Stow Golf Course,
Inc., Stum, Inc., Sumner's Market Company, Swanson's
Public Market, Inc.

T. T. Greenwood & Son, Incorporated, Tace-T-Snax, Inc.,
Talbot Pharmacy, Inc., Tassinari Realty Co., Tavern Hotel
Co., Inc., The, Technical Sales Co., Theodoros Ice Cream
and Candy Company, Inc., Third Street Pharmacy, Inc.,
Thomas Wilson Co., Thompson Water Cooler Company,
Thorndike Company, Thrifty Hot Water Heater Co., Top-
pan Boat Mfg. Co., Toxic Gas Products Co., Inc., Trading

512 Acts, 1936. — Chap. 402.

Fund, Inc., Traynor Bros. Co., Treks Corporation, The,
Troy Cotton and Woollen Manufactory, Try-Me Manufac-
turing Company, Turner Printing Co. Inc.

U. S. Electric and Appliance Co., U. S. Safety Alarm Serv-
ice, Inc., Union Utilities Co., Inc., tlnited Service Association
Inc., United States Electric Corporation, United States Ven-
tilator and Power Corporation, Universal Collection Service,
Inc., The, Universal Finance Company, Universal Flashing
Corporation, Used Machinery and Metal Company, Inc.

Vandale Bottling Company, Inc., Vera-Veta Studio, Inc.,
Vienna Cafe, Inc.

W. A. & H. A. Root, Inc., W. F. Whitney Company, W.
G. Cummings Coal Company, W. M. Weston Co., W. S.
Farrar & Sons, Inc., W. S. Quinby Company, Walker-Thall,
Inc., Wallace Company, The, Walnut Street Garage, Inc.,
Walpole Manufacturing Company (1935), Walter Smith and
Sons Inc., Waltham Hudson-Essex, Inc., Waltham Instru-
ment Corporation, Waltham Motors, Inc., Waltham System,
Inc., Waltham Yellow Cab Company, Washington Pants
Company, Inc., Waverley Investment Association, Inc.,
Webber Lumber Corporation, Wellesley Trust Corporation,
Western Massachusetts Distributing Corporation, Western
Massachusetts Greyhound Association, Inc., Westinghouse
Home Apphance Company, Whaler Book Shop, Inc., Wheeler
Rowe Co., Inc., Whipple, Briggs & Davis, Inc., Wholesale
Shoe League, Inc., Wilbur Operating Corp., Wildwood Farms,
Incorporated, William H. Morrissey Insurance Agency, Inc.,
The, William T. Reed Company, WilHams Manufacturing
Company, The, Wilson Incorporated, Windsor Cement Com-
pany, Wollaston Lumber Company, Wool Finance Corpora-
tion, Worcester Battery Exchange, Inc., Worcester De-
positors Corporation, Worcester Discount Corporation,
Worcester North Realty Corporation, Worcester Trading
Corporation, Worcester Wind Motor Company, Worthen &
Co . , Inc . , W^orthmore Company, The, Wright Garage Company.

Y D Recreation Company, Yorkshire Mills, Inc.

Zee Mercantile Company.

Charitable and Other Corporations.

Allston Trust Company, American Trust Company, Attle-
boro Trust Company (1902), Ausonia Co-operative Bank,

Beacon Trust Company, Boulevard Trust Company of
Brookline.

Canton Tmst Company, Cape Cod Country Club, Chelsea
Safe Deposit and Trust Company, City Trust Company
(1900), City Trust Company (1920), City Trust Company of
Holyoke, Massachusetts, Club 255 I3erkeley Street, Inc., The,
Commonwealth Trust Company, Continental Trust Com-
pany, Cosmopolitan Trust Company.

Dorchester Safe Deposit and Trust Company, Dorchester
Trust Company.

Eastern States Mutual Liability Insurance Company,

Acts, 1936. — Chap. 402. 513

Equitable Trust Company, Essex County Safe Deposit and
Trust Company, Everett Bank and Ti-ust Company.

Fall River Loan and Trust Company, Federal Trust Com-
pany, Fidelity Trust Company (1895), Fitchburg Bank and
Trust Company.

Grand Master and Wardens of the Alpha Grand Lodge
Ancient Free and Accepted Masons of Massachusetts.

Hanover Trust Company, Haverhill Trust Company, The
(1933), Haymarket Trust Company, Hillside Incorporated,
Hyde Park Current Events Club House Association, Inc.,
Hyde Park Trust Company (1896).

International Trust Company.

Jamaica Plain Trust Company (1893), Jewish Bakers
Benefit Association,

Lanesborough Loan and Fund Association, Lawrence
Bridge, Proprietors of, Lawrence Trust Company (1893),
Lawyers Loan and Trust Company, Liberty Trust Company,
Lincoln Trust Company.

Massachusetts Trust Company (1870), Massachusetts
Trust Company (1914), IVIercantile Trust Company, Mer-
chants Trust Company, Metropolitan Trust Company,
Middlesex Safe Deposit and Trust Company.

Nathaniel Thayer Playground Association, National Phil-
atelic Exhibition of 1930, Inc., Needham Trust Company,
North Essex Trust Company.

Old South Trust Company of Boston, The.

Park Trust Company, Peoples Trust Company, Pilgrim
Trust Company (1924), Prudential Trust Company, Pynchon
Safe Deposit and Trust Company.

Robert A. Woods Associates, Inc., The, Roosevelt Trust
Company.

Second Universahst Society of Swansey, The, Somerville
Trust Company (1891), South Boston Trust Company,
Springfield Safe Deposit and Trust Company (1876), Stough-
ton Trust Company.

Tremont Trust Company.

U. S. Junior Nautical Training Schools, Inc.

Waverley Trust Company, West Lynn Trust Company
(1892), Winthrop Loan and Trust Company, Women's
Patriotic and Civic League, The.

Public Service Corporations.

Fitchburg Water Company.
Lawrence Aqueduct Company.

Section 2. Nothing in this act shall be construed to
affect any suit now pending by or against any corporation
mentioned herein, or any suit now pending or hereafter
brought for any liability now existing against the stockholders
or officers of any such corporation, or to revive any charter
previously annulled or any corporation previously dissolved,
or to make valid any defective organization of anj^ of the sup-
posed corporations mentioned herein.

514

Acts, 1936. — Chap. 403.

Effective
date.

Section 3. Suits upon choses in action arising out of
contracts sold or assigned by any corporation dissolved by
this act may be brought or prosecuted in the name of the
purchaser or assignee. The fact of sale or assignment and of
purchase by the plaintiff shall be set forth in the writ or other
process; and the defendant may avail himself of any matter
of defence of which he might have availed himself in a suit
upon a claim by the corporation, had it not been dissolved
by this act.

Section 4. Nothing in this act shall be construed to
relieve the last person who was the treasurer or assistant
treasurer, or, in their absence or incapacity, who was any
other principal officer of each of the corporations named in
this act, from the obligation to make a tax return in the year
nineteen hundred and thirty-seven as required by chapter
sixty-three of the General Laws. The tax liability of each
of the corporations named in this act shall be determined in
accordance with the existing laws of this commonwealth.

Section 5. This act shall take effect on July first in the
current j^ear. Approved June 24, 1936.

ChapAOS An Act providing for the inclusion of additional

PUBLIC employees WITHIN THE PROVISIONS OF THE WORK-
MEN'S compensation law.

Be it enacted, etc., as follows:

Section sixty-nine of chapter one hundred and fifty-two
of the General Laws, as most recently amended by chapter
two hundred and sixty of the acts of the current year, is
hereby further amended by striking out, in the thirty-second
line, the words "foremen, subforemen and inspectors" and
inserting in place thereof the words : — other employees
except members of a police or fire force, regardless of the
nature of their work, — so as to read as follows: — Section 69.
The commonwealth and any county, city, town or district
having the power of taxation which has accepted chapter
eight hundred and seven of the acts of nineteen hundred
and thirteen, and any town or district having the power of
taxation which accepts the provisions of this section at an
annual meeting or at any special meeting called for the
purpose, and any county tuberculosis hospital district under
sections seventy-eight to ninety, inclusive, of chapter one
hundred and eleven, if the trustees of said district accept the
provisions of this section, shall pay to laborers, workmen and
mechanics employed by it who receive injuries arising out
of and in the course of their employment, or, in case of
death resulting from such injury, to the persons entitled
thereto, the compensation provided by this chapter. Com-
pensation payable under this chapter to an injured employee
of the commonwealth who receives full maintenance in
addition to his cash salary or wage, and compensation pay-

G. L. (Ter.
Ed.), 152,
§ 69, etc.,
amended.

Workmen's
compensation
payable by
the state, etc.

Acts, 1936. — Chap. 404. 515

able thereunder to his dependents in case of his death, shall
be based upon his average weekly wages plus the sum of
seven dollars per week in lieu of the full maintenance re-
ceived by him. Sections seventy to seventy-five, inclusive,
shall apply to the commonwealth and to any county, city,
town or district having the power of taxation which has
accepted said chapter eight hundred and seven, and to any
town or district having the power of taxation which accepts
the provisions of this section as hereinbefore provided, and
to any county tuberculosis hospital district under said sec-
tions seventy-eight to ninety, inclusive, if the trustees of said
district accept the provisions of this section. The terms
laborers, workmen and mechanics, as used in sections sixty-
eight to seventy-five, inclusive, shall include other em-
ployees except members of a police or fire force, regardless
of the nature of their work, of the commonwealth or of
any such county, city, town, district or county tuberculosis
hospital district, to such extent as the commonwealth or
such county, city, town or district, acting respectively
through the governor and council, county commissioners,
city council, the qualified voters in a town or district meet-
ing, or the trustees of such county tuberculosis hospital dis-
trict, shall determine, as evidenced by a writing filed with
the department. Approved June S4> 1936.

An Act authorizing absent voting at biennial state QJku) 4Q4

ELECTIONS and AT REGULAR CITY ELECTIONS IN CERTAIN
CITIES BY CERTAIN MARINERS AND CERTAIN PERSONS EN-
GAGED IN THE BUSINESS OF FISHING.

Be it enacted, etc., as follows:

Section 1. Section eighty-seven of chapter fifty-four of SjVfT®|o-
the General Laws is hereby amended by striking out sub- amended.
section (6), as appearing in the Tercentenary Edition, and
inserting in place thereof the following : —

(6) Blank forms of application for such ballots, worded o/Xent"'^

as follows : voting bal-

lots, appli-

I, , hereby apply for an official absent voting ballot. I am f^^'j." "p^s^

a legal resident of the city or town of and a duly registered

voter at

(Street and Number) (City or Town)

and, as I believe, entitled to vote at the next state election at precinct

, ward , in the city or town of

(Signature) (Date)

Mail official absent voting ballot to

(Street and Number) (City or Town) (State)

(If in the service of the United States, the applicant will fill out the
following:)

I am in the military, naval, civil service of the United States, and
my rank or official position is
(Signature) (Date)

mariners, etc.

516

Acts, 1936. — Chap. 404.

G. L. (Ter.
Ed.), 54, § 87,
further
amended.

Same
subject.

Affidavits,
forms of.

We, the undersigned, a majority of the registrars of voters of the

of , hereby certify that the above signature, to

the best of our knowledge and belief, appears to be genuine, and that

we believe said is a duly registered voter in said precinct

, ward , city or town of

Registrars of voters of the of

(If the application is made for the reason that on the day of the bien-
nial state election the applicant is to be on the high seas in the prose-
cution of the business of fishing or as a mariner, the following affidavit
shall be executed by the master of the vessel:)

I, the undersigned, hereby certify that I am master of (name of
vessel); that (name of applicant) is employed on said vessel as (fish-
erman or mariner) {or, that I am the applicant named in the foregoing
apphcation); that I believe that on the day of the biennial state elec-
tion to be held in the current year said applicant (or I) will be on the
high seas in the prosecution of the business of fishing or as a mariner.
(Signature) (Date)

Commonwealth of Massachusetts
, ss. (Date)

Then personally appeared before me (name of affiant) and made oath
that the above statement by him subscribed is true.
(Signature)

Jtistice of the Peace (or Notary Public) or

Clerk of the city (or toum) of (name of city or town).

Section 2. Said section eighty-seven of said chapter
fifty-four is hereby further amended by striking out sub-
section (c), as so appearing, and inserting in place thereof
the following : —

(c) Envelopes of sufficient size to contain the ballots speci-
fied in clause (a), bearing on their reverse one or the other
of the following afladavits, as the case may be:

State of ,

County of , ss.

I, , do solemnly swear that I am a registered voter in the

city or town of , Massachusetts, in precinct , ward

, that there are "at least two municipalities intervening be-
tween the municipality in which I am a registered voter and the place
where I now am; that I have carefully read the instructions forwarded
to me with the ballot herein enclosed, and that I have marked, enclosed
and sealed the within ballot as stated hereon by the person taking my
oath.

(Signature)

Subscribed and sworn to before me by the above affiant, personally
known to me, this day of ,19 , in the city or

town of , state of , and I hereby certify that when

I was alone with the affiant he showed me the ballot herein enclosed,
unmarked, and then in my presence marked the same without my see-
ing how he marked it, after which he sealed said ballot in this envelope.
I had no communication with the affiant as to how he was to vote.
(Seal, if any) Name

Residence

Official title or military or naval rank

Commonwealth of Massachusetts.

I, , do solemnly swear that I am a registered voter in the

city or town of , Massachusetts, in precinct , ward

, that on the day of the biennial state election to be held in

Acts, 1936. — Chap. 404. 517

the current year I shall be on the high seas in the prosecution of the
business of fishing or as a mariner; that I have carefully read the in-
structions forwarded to me with the ballot herein enclosed, and that
I have marked, enclosed and sealed the within ballot as stated hereon
by the person taking my oath.
(Signature)

Subscribed and sworn to before me by the above aiEant, personally
known to me, this day of ,19 , in the city {or

town) of , and I hereby certify that when I was alone with

the affiant he showed me the ballot herein enclosed, unmarked, and
then in my presence marked the same without my seeing how he
marked it, after which he sealed said ballot in this envelope. I had
no communication with the affiant as to how he was to vote.
Name
Clerk of the city (or town) of (name of city or town).

Section 3. Said chapter fifty-four is hereby further g. l. (Ter.
amended by striking out section eighty-nine, as so appear- amended.^ ^^'
ing, and inserting in place thereof the following : — Section Blank
89. The blank form of application set forth in clause (6) of appii'^ation
section eighty-seven, and the other papers described in clause
(e) of said section, shall, as soon as they can be prepared, be
delivered to any person who by mail or otherwise applies
therefor to the state secretary or to any city or town clerk,
except a person known by the state secretary or said clerk
to be in a penal institution under sentence. The official ab- Mailing of
sent voting ballot and all other papers described in said sec- ^''"°^^-
tion shall be mailed, postage prepaid, or, in case of voters
who apply for such ballots for the reason that on the day of
the biennial state election they will be on the high seas in
the prosecution of the business of fishing or as mariners,
delivered, when called for, by city and town clerks to all
voters, except those in a penal institution under sentence,
who seasonably file with them, either directly or through the
state secretary under the following section, the application
set forth in said clause (6), after the same is certified by the
registrars and returned to the clerk, as provided in section
ninety-one. No such apphcation made by a voter for the
reason that on the day of the biennial state election he will
be on the high seas in the prosecution of the business of
fishing or as a mariner shall be deemed to be seasonably filed
hereunder unless the affidavit of the master set forth in said
clause (6) is duly executed. Any voter who has received the
blank form of said application under this or the following
section may file said application with the city or town clerk.

Section 4. Said chapter fifty-four is hereby further g. l. (Xer.
amended by striking out section ninety-two, as so appear- fmeAded.^ ^^'
ing, and inserting in place thereof the following : — Section Method
92. A voter who has received an official absent voting ballot °^ '^°tmg.
as provided in section eighty-nine may vote by mailing the
same to the city or town clerk, or, if on the day of the bien-
nial state election he will be on the high seas in the prose-
cution of the business of fishing or as a mariner, by deliver-
ing the same to such clerk. He shall mark said ballot in the
presence of an official authorized by law to administer oaths,
and of no other person, in a municipality which is separated

518

Acts, 1936. — Chap. 404.

G. L. (Ter.
Ed.), 54, § 93,
amended.
Mailing of
ballots, etc.

G. L. (Ter.
Ed.), 54, § 9.5,
amended.
Duties of
election
officers.

by at least two municipalities from the city or town where
the voter is registered, or, if on the day of the biennial state
election he will be on the high seas in the prosecution of the
business of fishing or as a mariner, he may mark said ballot
in the presence of the city or town clerk, and of no other
person, in the municipality wherein he is registered. Before
marking the ballot he shall exhibit it to said ofiicial, who
shall satisfy himself that it is unmarked, but he shall not
allow said ofiicial to see how he marks it. Said ofl&cial shall
hold no communication with the voter, nor he with said
official, as to how he is to vote. Thereafter the voter shall
enclose and seal the same in the proper envelope provided
for by clause (c) of section eighty-seven. He shall then
execute before said official the necessary aflSdavit on said
envelope as set forth in said clause (c), and shall enclose
and seal the envelope with the ballot in the envelope pro-
vided for in clause (d) of said section, endorse thereon his
name, address and voting place, and mail the same within
the time prescribed in the following section, postage pre-
paid, at a post ofiice in a municipahty which is separated
by at least two municipalities from the city or town wherein
the voter is registered, or, if on the day of the biennial state
election he will be on the high seas in the prosecution of the
business of fishing or as a mariner, may deliver the same
within the time so prescribed to the clerk of the municipality
wherein he is registered.

Section 5. Said chapter fifty-four is hereby further
amended by striking out section ninety-three, as so appear-
ing, and inserting in place thereof the following : — Section
93. All ballots cast under the preceding section shall be
mailed or delivered, as the case may be, on or before the day
of election. A postmark, if legible, shall be conclusive evi-
dence of the time and place of maihng.

Section 6. Said chapter fifty-four is hereby further
amended by striking out section ninety-five, as so appear-
ing, and inserting in place thereof the following: — Section
95. Immediately after the closing of the polls, and after
the ballots cast have been removed from the ballot box, the
warden or his deputy in each polling place shall open all
envelopes delivered to him under the preceding section, and
shall compare the signatures on the envelopes therein en-
closed with the signatures on the applications attached
thereto, except in the case of ballots prepared under section
ninety-eight, and shall examine the postmarks, if any, and
affidavits. If the affidavits are properly executed, and if
the postmarks, if any, and affidavits, or in case the post-
marks, if any, are illegible, the affidavits, sufficiently dis-
close that the ballots were executed and mailed or delivered
in accordance with sections eighty-six to one hundred and
three, inclusive, and if the signatures on the afiidavits of the
voters appear to be executed by the same persons who
signed the appHcations, and to be the signatures of duly
registered voters who have not voted at the election, he

Acts, 1936. — Chap. 404. 519

shall make public announcement of the names of the absent
voters, open the envelopes in such manner as not to destroy
the affidavits thereon, take out the ballots without unfold-
ing them, or permitting them to be opened or examined,
and, after checking the names of the absent voters on the
voting list, shall deposit the ballots in the ballot box. If he
finds an envelope to bear an affidavit improperly executed,
or not signed by the person who signed the accompanying
application, or if the voter whose name appears thereon is
not a registered voter or has voted in person, he shall not
open the envelope, but shall mark across the face thereof
"Rejected as defective", "Rejected as not a voter", "Voted
in person", as the case may be. All envelopes, opened or
unopened, shall be retained with the ballots cast at the elec-
tion, and preserved and destroyed in the manner provided
by law for the retention, preservation or destruction of official
ballots. The tally sheets in use at elections shall provide in
convenient form for the recording thereon of all envelopes, as
well as all accepted or rejected ballots of absent voters.

Section 7. Section ninety-six of said chapter fifty-four, g. l. (Ter.
as so appearing, is hereby amended by striking out, in the amended.^ ^^'
first line, the words "received by mail" and inserting in
place thereof the words: — transmitted under any provision
of sections eighty-six to one hundred and three, inclusive,
— so as to read as follows : — Section 96. All ballots trans- challenges,
mitted under any provision of sections eighty-six to one hun-
dred and three, inclusive, shall be subject to challenge when
and as cast for non-compliance with any provision of sections
eighty-six to one hundred and three, inclusive, or for any
other reason allowed by law, and if challenged shall be dis-
posed of in accordance with section eighty-five, except that
so much of said section as involves the administering of an
oath shall not apply thereto, and the writing of the name
and address of the voter on the ballot shall be performed by
the officer charged with depositing the ballot in the ballot
box.

Section 8. Said chapter fifty-four is hereby further g. l. (Ter.
amended by striking out section one hundred, as so appear- amendeli.^ ^^^'
ing, and inserting in place thereof the following : — Section voting in
100. Sections eighty-six to one hundred and three, inclu- maTung^balLt.
sive, shall not prevent a voter who has mailed or delivered,
as the case may be, a ballot under them from voting in
person. No ballot mailed or delivered under said sections
shall be counted if the officers charged with the duty of
counting the same are cognizant of the fact that the voter
has died prior to the opening of the polls oh the day of the
election, or is under sentence in a penal institution.

Section 9. The reference in section one hundred and Application
three A of said chapter fifty-four, inserted therein by section °
one of chapter three hundred and thirteen of the acts of
nineteen hundred and thirty-three, to sections eighty-six to
one hundred and three, inclusive, thereof, shall, in any city
which has accepted or accepts said section one hundred and

520

Acts, 1936. — Chap. 405.

three A, be construed as referring to said sections eighty-
six to one hundred and three, inclusive, as amended by this
act. Approved June 24, 1936.

ChapAOb An Act making certain minor perfecting changes in

THE STATUTES OF THE COMMONWEALTH.

G. L. (Ter.
Ed.). 58.
§ 18. etc.,
amended.

Distribution
of income
taxes.

1936, 191,
amended.

Effect of
act.

G. L. (Ter.
Ed.), 128A,
§ 3, etc.,
amended.

Designation
of clause.

Be it enacted, etc., as follows:

Section 1. Section two of chapter four hundred and
thirty-eight of the acts of nineteen hundred and thirty-
five is hereby amended by striking out, in the first Une, the
words "said chapter sixty-two" and inserting in place
thereof the words : — chapter fifty-eight of the General
Laws, — so as to read as follows : — Section 2. Section
eighteen of chapter fifty-eight of the General Laws, as
most recently amended by section seven of chapter three
hundred and fifty of the acts of nineteen hundred and
thirty-three, is hereby further amended by inserting at the
beginning thereof the words : — Except as provided in sec-
tion seven A, — so as to read as follows: — Section 18.
Except as provided in section seven A, the state treasurer
shall, on or before April fifteenth in each year, distribute
the amounts of taxes on incomes under chapter sixty-two
theretofore collected by the commonwealth to the several
cities and towns in proportion to the amounts of the last
preceding state tax imposed upon them, and shall, on or
before November twentieth in the same year, distribute to
such cities and towns in the same proportion the balance of
such taxes collected after said April fifteenth, after deduct-
ing a sum sufficient to reimburse the commonwealth for the
expenses incurred in the collection and distribution of said
income taxes and for such of said taxes as have been re-
funded under said chapter sixty-two or section twenty-
seven of this chapter during said year, together with any
interest or costs paid on account of refunds, which shall be
retained by the commonwealth, and after deducting also a
sufficient sum to be distributed under Part I of chapter
seventy.

Section 2. Chapter one hundred and ninety-one of the
acts of the current year is hereby amended by striking out
section two and inserting in place thereof the following : —
Section 2. This act shall become inoperative after Decem-
ber thirty-first, nineteen hundred and thirty-nine, but this
section shall not affect any mortgage taken under section
one on or before said date.

Section 3. The designation of the clause added to sec-
tion three of chapter one hundred and twenty-eight A of
the General Laws by section one of chapter four hundred
and seventy-one of the acts of nineteen hundred and thirty-
five is hereby changed from (n) to (o).

Approved June 24, 1936.

Acts, 1936. — Chaps. 406, 407. 521

An Act relative to cash bail in the case of persons QJidj) AQQ

ARRESTED FOR CERTAIN MINOR INFRACTIONS OF THE
MOTOR VEHICLE LAW.

Be it enacted, etc., as follows:

Section twenty-one of chapter ninety of the General gdV' 90^*^21
Laws, as appearing in the Tercentenary Edition, is hereby amended.
amended by striking out the last sentence, — so as to read
as follows: — Section 21. Any officer authorized to make Arrest in
arrests may arrest without warrant and keep in custody for vehicie^i^*°'^
not more than twenty-four hours, unless Sunday intervenes, infractions.
any person operating a motor vehicle on any way who does
not have in his possession a license to operate motor vehicles
granted to him by the registrar, and who violates any stat-
ute, by-law, ordinance or regulation relating to the opera-
tion or control of motor vehicles; and at or before the ex-
piration of said period of time such person shall be brought
before a magistrate and proceeded against according to
law. An investigator or examiner appointed under section
twenty-nine, may arrest without warrant, keep in custody
for a like period, bring before a magistrate and proceed
against in like manner, any person operating a motor vehicle
while under the influence of intoxicating liquors, irrespec-
tive of his possession of such a license.

Approved June 24, 1936.

An Act establishing a board op registration of em- QJidj) 407

BALMERS AND FUNERAL DIRECTORS AND FURTHER REGU-
LATING THE PRACTICE OF EMBALMING AND FUNERAL
DIRECTING.

Be it enacted, etc., as follows:

Section 1. Chapter thirteen of the General Laws is g. l. (Ter.
hereby amended by striking out section twenty-nine and finende^d.^ ^^'
its caption, as appearing in the Tercentenary Edition, and
inserting in place thereof, under the caption board of regis-
tration IN EMBALMING AND FUNERAL DIRECTING, the follow-
ing new section : — Section 29. There shall be a board of frau'^nfn'^^^^^"
registration in embalming and funeral directing, in this and embalming
the two following sections called the board, consisting of dil-Mtingy^ap-
three members, citizens and residents of the commonwealth, pointment, etc.
each of whom shall have had at least five years practical
experience in embalming dead human bodies and in funeral
directing. One member shall before October first in each
year be appointed by the governor, with the advice and
consent of the council, for three years from said October
first next ensuing. Not more than one member of the board
shall be engaged in embalming and funeral directing in the
same town. No member shall serve more than two full
terms. The board may employ inspectors and such other
employees as the work of the board may require. Each

522

Acts, 1936. — Chap. 407.

G. L. (Ter.
Ed.). 13, §31,
amended.

Salaries and
expenses
of board.

G. L. (Ter.
Ed.), 112,
§§ 82-87,
stricken
out, and
§§ 82-87,
inserted.

Definitions.

member of the board shall hold office until his successor is
appointed and qualified.

Section 2. Said chapter thirteen is hereby further
amended by striking out section thirty-one, as so appearing,
and inserting in place thereof the following : — Section 31 .
There shall be paid by the commonwealth to each member
of the board the sum of five hundred dollars and his necessary
traveling expenses actually expended in attending meetings
thereof, and the incidental expenses of the board, includ-
ing any sum not exceeding five hundred dollars annually,
expended for purposes of instruction and dissemination of
new and useful knowledge among and for the benefit of
registered embalmers and registered and licensed funeral
directors; provided, that such salaries and expenses shall
not be in excess of the receipts for registration and renewals
thereof received by the state treasurer from the board.

Section 3. Chapter one hundred and twelve of the
General Laws is hereby amended by striking out sections
eighty-two to eighty-seven, inclusive, and the caption above
said section eighty-two, as so appearing, and inserting in
place thereof, under the caption registration of em-
balmers AND FUNERAL DIRECTORS, the six following Sec-
tions:— Section 82. The following words, as used in this
section and in sections eighty-three to eighty-seven, inclu-
sive, shall have the following meanings, unless the context
otherwise requires:

"Board", the board of registration in embalming and
funeral directing established by section twenty-nine of
chapter thirteen.

"Person", an individual, but not a partnership, corpora-
tion or association of any kind.

"Embalming", the business, practice, science or profes-
sion of preserving, disinfecting and preparing in any manner
dead human bodies for burial, cremation or transportation.

"Funeral directing", the business, practice or profession
of (a) directing or supervising funerals; (6) preparation
of dead human bodies, otherwise than by embalming, for
burial or disposal; (c) maintaining an establishment so lo-
cated, constructed and equipped as to permit the decent
and sanitary handling of dead human bodies with suitable
equipment in such establishment for such handling.

"Embalmer", any person engaged, or holding himself
out as engaged, in the business, practice, science or profes-
sion of embalming, whether on his own behalf or in the em-
ploy of another, and shall include any person who shall use
in connection with his name the word "embalmer" or any
other word or title intending to designate him as an em-
balmer or as one engaged in the business, practice, science or
profession of embalming.

"Funeral director", any person engaged, or holding him-
self out as engaged, in the business, practice or profession
of funeral directing, whether or not he uses in connection
with his name or business the words "funeral director",

Acts, 1936. — Chap. 407. 523

"undertaker", "mortician" or any other word or title in-
tending to designate him as a funeral director, undertaker or
mortician, or as one engaged in the business, practice or pro-
fession of funeral directing.

Section 83. Applications for registration as embalmers Applications
or as funeral directors, signed and sworn to by the applicant, [rlS^"
shall be made on blanks furnished by the board.

Each applicant for registration as an embalmer, who shall
furnish the board with satisfactory proof that he is twenty-
one years of age or over and of good moral character, that he
possesses the educational qualities required for graduation
from a public grammar school, that he has attended an
embalming school approved by the board which gives a
course of instruction of not less than six months, and that
he has served a term of apprenticeship of not less than two
years with a registered embalmer, during which term he has
embalmed not less than twenty-five dead human bodies,
shall, upon payment of five dollars, be entitled to be ex-
amined, and, if found by the board to be qualified, shall be
registered by it as an embalmer, and shall receive a certificate
thereof signed by the chairman and secretary of the board.

Each applicant for registration as a funeral director, who
shall furnish the board with satisfactory proof that he is a
citizen of the United States of good moral character, shall,
upon the payment of five dollars, be entitled to be examined,
and, if found by the board to be qualified to prepare such
death certificates and other documents as are required in the
ordinary course of his business, and to be familiar with the
precautions to be taken by an undertaker to prevent the
spread of communicable diseases and to be conversant with
the laws of the United States and of this commonwealth
relative to the custody of dead human bodies, the preparation
of such bodies for burial, cremation, and shipment and rela-
tive to their burial, cremation and shipment, shall be regis-
tered by the board as qualified to be hcensed under section
forty-nine of chapter one hundred and fourteen as a fu-
neral director; provided, that he furnishes satisfactory proof
to the board that he maintains within the commonwealth
an undertaking establishment so located, constructed and
equipped as to permit the sanitary handling of dead human
bodies and maintains in such establishment suitable equip-
ment for such handUng.

Applicants for registration as embalmers or as funeral
directors may, upon the payment of three dollars, be re-
examined at any meeting of the board.

There shall be paid annually to the secretary of the board
by every registered embalmer the sum of two dollars, and by
every registered funeral director the sum of five dollars, on
or before such date as the board may determine, as a fee for
the renewal of his registration. Upon failure to make pay-
ment of such fee on or before the date so designated by the
board, such registration shall be revoked by the board. In
case a registered embalmer or funeral director fails to pay the

524

Acts, 1936. — Chap. 407.

Renewal of
registration.

Rules and
regulations.

required fee to renew his registration not later than the day
so designated, the board, not later than two days thereafter,
shall so notify him. Upon application by an embalmer or
funeral director whose registration has been so revoked,
within twenty days after the date of such notice, and upon
the payment of ten dollars in addition to the regular fee for
renewal, a registration so revoked may be reinstated by the
board.

The board shall hold examinations for applicants for regis-
tration hereunder at such times and places and in such man-
ner as it shall determine.

A certified list of all funeral directors registered by the
board shall be sent by the board, annually before May first,
to the boards of health of the several cities and towns of the
commonwealth.

Section 84- The board, in accordance with rules and
regulations which it is hereby authorized to adopt, may
refuse to renew the registration of an embalmer or funeral
director, if found guilty of a violation of a law of the com-
monwealth or of any rule or regulation of the board or of the
state department of public health; provided, that it shall
not refuse to renew any such registration until the holder
thereof shall have been given reasonable notice of the charge
against him and shall have been given a full hearing before
the board, if he so requests.

Any person aggrieved by the refusal of the board to renew
his registration may, within ten days after such action, bring
a petition in the district court within the judicial district of
which he resides, hereinafter called the court, addressed to
the justice of the court, praying that the action of the board
may be reviewed by the court. The bringing of such a peti-
tion within such period shall operate to continue the registra-
tion in full force and effect pending the decision of the court.
After such notice to the board as the court deems necessary, it
shall review such action, hear the witnesses, and shall affirm
the decision of the board unless it shall appear that it was
made without proper cause or in bad faith, in which case the
decision of the board shall be reversed. The court shall hear
such petition within thirty days after the bringing thereof.
The decision of the court shall be final and conclusive.

Section 85. The board shall adopt rules and regulations
consistent with law governing the care and disposition of
dead human bodies and governing embalming and funeral
directing. It shall keep a record of the names of all persons
registered by it and of all moneys received and disbursed by
it, a duplicate whereof shall always be open to public inspec-
tion in the ofiice of the state secretary. It shall make an
annual report showing the condition of embalming and of
funeral directing in the commonwealth. It shall investigate
all complaints of violation of any provision of sections eighty-
two to eighty-seven, inclusive, and bring such violations to
the notice of the proper prosecuting officers. All places where
funeral directing is conducted may be inspected by the board

Acts, 1936. — Chap. 407. 525

and by the local board of health which granted the license
therefor.

Section 86. Every holder of a certificate of registration in Certificate to
embalming from the board and every holder of a funeral hf piaci^of*^
director's license granted by a board of health under section business.
forty-nine of chapter one hundred and fourteen shall con-
spicuously display it in his place of business.

Section 87. Whoever, not being registered as an em- General
balmer under section eighty-two or corresponding provisions p''"'*'*^'
of earlier laws, shall by himself or by his agent or servant,
unless such agent or servant is so registered, engage in the
business of embalming dead human bodies, or whoever, not
being registered as a funeral director under said section
eighty-two and licensed as a funeral director under section
forty-nine of chapter one hundred and fourteen, shall engage
in the business of funeral directing, or shall hold himself out
as such, shall, except as otherwise provided in section sixty-
five, be punished by a fine of not more than one hundred
dollars or by imprisonment for not more than two months,
or both; but sections eighty-two to eighty-seven, inclusive,
shall not prohibit the employment of apprentices or assist-
ants in embalming under the personal supervision of a regis-
tered embalmer, or in funeral directing under the personal
supervision of a registered and licensed funeral director.

Section 4. Chapter one hundred and fourteen of the g. l. (Ter.
General Laws is hereby amended by striking out section amenie^d.' ^ ^^'
forty-nine, as appearing in the Tercentenary Edition, and
inserting in place thereof the following : — Section ^9. The Licensing of
board of health of each town shall annually, on or before "'^''ertakers.
May first, license persons to act as funeral directors therein
upon such terms and conditions as the board of registration
in embalming and funeral directing, established by section
twenty-nine of chapter thirteen, shall prescribe. All such
licenses shall expire April thirtieth each year, unless sooner
suspended or revoked. Such licenses shall be issued only to
persons certified to the boards of health by said board of
registration, before May first each year, as qualified to be
licensed as funeral directors. Any license hereunder may,
after a hearing, be revoked by the board of health which
issued it for any violation of law, local ordinances or the
rules and regulations of said board of health, said board of
registration or the state department of public health.

Boards of health shall send to said board of registration,
immediately upon the issuance of licenses hereunder, the
names and addresses of the persons to whom such licenses
were issued.

A person registered and licensed as a funeral director may
act as a funeral director in any town; provided, that, unless
licensed as a funeral director by the board of health of a
town, no person shall establish or maintain in such town a
place of business or office or agency, or display in such town
any sign indicating that he is licensed therein as an under-
taker, funeral director or mortician, or hold himself out in

526

Acts, 1936. — Chap. 408.

Temporary
provisions.

Members of
present board
to act.

Effect of act
if part is
held invalid.

Effective
date.

such town as a funeral director without clearly indicating
the town wherein he is so licensed.

The board of health of a town may by a special rule or
regulation permit the continuance therein, under the active
supervision of a person licensed as a funeral director in any
town, of the business of a funeral director licensed by such
board who has died, for the benefit of the estate or persons
interested in the estate of the decedent, during such period
of time and in such a manner and under such conditions as
such board may determine.

Section 5. Any person who, subsequent to the date of
the passage of this act and until its effective date, has been
licensed as an undertaker under section forty-nine of chapter
one hundred and fourteen of the General Laws and has
engaged in the business of an undertaker at an established
place of business in this commonwealth shall, upon filing
with the secretary of the board of registration in embalming
and funeral directing, established by section one of this act,
on or before March first, nineteen hundred and thirty-seven,
an affidavit setting forth his name, residence, place of busi-
ness and the length of time during which he has been li-
censed and engaged in such business as aforesaid, and the
payment of a fee of five dollars to said board, be registered
by said board and certified to the board of health of the
town in which he has been so licensed and engaged in busi-
ness as qualified to be licensed as a funeral director, and he
shall be entitled to a license as a funeral director from the
board of health of such town.

Section 6. The members of the board of registration in
embalming in office on the effective date of this act shall
constitute the board of registration in embalming and fu-
neral directing established by section one of this act and
shall serve until the expiration of their respective terms of
office as members of said board of registration in embalming
and the qualification of their respective successors appointed
as provided in said section one.

Section 7. If any provision of this act or any rule or'
regulation made thereunder, or the apphcation thereof to
any person or circumstances, is held invalid by a court of
competent jurisdiction, the remainder of this act or of such
rule or regulation, and the application of such provision to
other persons or circumstances, shall not be affected thereby.

Section 8. This act shall take effect on January first,
nineteen hundred and thirty-seven.

Approved June S4, 1936.

ChapAOS An Act relative to the use of eagle lake in the town

OF HOLDEN FOR BATHING AND OTHER RECREATIONAL PUR-
POSES.

Be it enacted, etc., as follows:

Section 1. Notwithstanding any other provision of law,
bathing, fishing and other recreational activities in or on

Acts, 1936. — Chap. 408. ^ 527

Eagle lake in the town of Holden shall be permitted, subject
to the provisions of section two, except in so far as re-
stricted or prohibited by the board of selectmen of said town
under authority of law or by rules or regulations made by
the state department of public health under section seven-
teen of chapter ninety-two of the General Laws.

Section 2. Before any such recreational activities are
permitted in or on said lake, said town shall provide works
necessary for the sanitary protection of the waters thereof
in accordance with plans approved by said department of
public health; provided, that no work shall be done here-
under unless and until there shall have been made available
sufficient funds therefor by said town, by the metropolitan
district water supply commission under chapter three hun-
dred and seventy-five of the acts of nineteen hundred and
twenty-six or chapter three hundred and twentj^-one of the
acts of nineteen hundred and twenty-seven, or any act in
amendment of or in addition to either of said chapters, or
by the federal government, or by any or all of them.

Section 3. Said town, through its board of selectmen,
may, from time to time, make rules and regulations govern-
ing bathing, fishing and other recreational activities in or on
said lake, and may also from time to time restrict the use of
all or any portion of said lake for any or all of such activi-
ties, subject to the approval of said department of public
health. Rules and regulations relative to fishing made un-
der authority hereof shall also be subject to the approval
of the division of fisheries and game of the state depart-
ment of conservation; and all other rules and regulations
made under authority hereof shall also be subject to the
approval of the state department of public works; and, in
either case, when so approved, such rules and regulations
shall have the force of law.

Section 4. 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 lake or vio-
lating any restriction, rule or regulation established under
authority of this act.

Section 5. Whoever violates any restriction, rule or
regulation established under authority of this act shall be
punished by a fine of not more than twenty dollars.

Section 6. Nothing in this act shall be construed to
abridge the powers and duties of the department of public
works under chapter ninety-one of the General Laws.

(This hill, returned by the governor to the House of Rep-
resentatives, the branch in which it originated, with his objec-
tions thereto, was passed by the House of Representatives,
June 23, 1936, and, in concurrence, by the Senate, June 23,
P.M., 1936, the objections of the governor notwithstanding, in
the manner prescribed by the constitution; and thereby has
"the force of a law".)

528

Acts, 1936. — Chap. 409.

C/iar.409 An Act providing for the formation of corporations

FOR THE CARRYING OUT OF NON-PROFIT HOSPITAL SERVICE
PLANS, SO CALLED.

Be it enacted, etc., as follows:

The General Laws are hereby amended by inserting after
chapter one hundred and seventy-six, as appearing in the
Tercentenary Edition, the following new chapter: —

G. L. (Ter.
Ed.), new
chapter. 176 A,
added.

Non-profit
hospital
service cor-
porations.

Incorporation.

Contracts for
hospital care.

Annual
statement of
condition.

Chapter 176A.
Non-Profit Hospital Service Corporations.

Section 1. Any corporation organized under the laws of
the commonwealth for the purpose of establishing, main-
taining and operating a non-profit hospital service plan
whereby hospital care may be provided by such corporation,
or by a hospital with which it has a contract for such care
and which is maintained by the commonwealth or a political
subdivision thereof, or maintained by a corporation organ-
ized for hospital purposes under the laws of the common-
wealth, or such other hospitals as shall be designated by
the commissioner of public welfare, to such of the public
who become subscribers to said plan under a contract which
entitles each subscriber to certain hospital care, shall be
governed by this chapter and shall be exempt from all pro-
visions of the insurance laws of the commonwealth, except
as otherwise provided in this chapter.

Section 2. Persons desiring to form such a non-profit hos-
pital service corporation shall incorporate as provided in sec-
tion three of chapter one hundred and eighty. At least a
majority of the directors of such corporation shall be at all
times directors or trustees of hospitals referred to in the pre-
ceding section. Every certificate of organization of a cor-
poration subject to this chapter filed under said chapter one
hundred and eighty shall have endorsed thereon or attached
thereto the consent of the commissioner of insurance and
of the commissioner of public welfare.

Section 3. Any corporation subject to this chapter may
enter into contracts for the rendering of hospital service
to any of its subscribers only with hospitals referred to in
section one. The rates charged by such corporation to the
subscribers for hospital care shall at all times be subject to
the approval of the commissioner of insurance. All rates
of payments to hospitals made by such corporation under
contracts provided for in this section shall be approved
prior to payment by the commissioner of public welfare.

Section 4- Every such corporation shall annually, on or
before the first day of March, file in the oflfice of the commis-
sioner of insurance a statement, verified by at least two of
the principal officers of said corporation, showing its condi-
tion as of the thirty-first day of December next preceding.
Said statement shall be in such form and shall contain such

Acts, 1936. — Chap. 410. 529

other matters as the commissioner of insurance shall pre-
scribe.

Section 5. The commissioner of insurance, or any deputy Examination

; 1 1 .1 . . of corpora-

or exammer or any other person whom said commissioner tions.
shall designate, may visit any such corporation and ex-
amine into its affairs, shall have free access to all of the
books, papers and documents of the corporation that relate
to its business, and may summon as witnesses and examine
under oath its officers, agents or employees or other persons
in relation to its affairs, transactions and condition.

Section 6. All acquisition costs in connection with the Acquisition
solicitation of subscribers to such hospital service plans ''°^'^^'
shall at all times be subject to the approval of the commis-
sioner of insurance.

Section 7. The funds of any corporation subject to this Funds, in-
chapter shall be invested only in securities permitted by ^^^ ""^^
the laws of the commonwealth for the investment of assets
of life insurance companies.

Section 8. Any dispute arising between a corporation Settlement
subject to this chapter and any hospital with which such ° '^p"**'^-
corporation has a contract for hospital service as authorized
by this chapter may be submitted to the commissioner of
public welfare for his decision with respect thereto. All
decisions and findings of the commissioner of insurance and
of the commissioner of public welfare made under any pro-
vision of this chapter may be revised by proper proceedings
in a court of competent jurisdiction.

Section 9. The dissolution or liquidation of any corpo- Liquidation,
ration subject to this chapter shall be under the supervi-
sion of the commissioner of insurance, who shall have, with
respect thereto, all powers granted to him under chapter
one hundred and seventy-five with respect to insurance
companies.

Section 10. Every corporation subject to this chapter is Exemption
hereby declared to be a charitable and benevolent corpo- '^°^ ^''^ '*"*'
ration, and its property shall be exempt from state, county,
district and municipal taxes.

(This bill, returned by the governor to the House of Rep-
resentatives, the branch in which it originated, with his objec-
tions thereto, was passed by the House of Representatives,
June 23, 1936, and, in concurrence, by the Senate, June
23, P.M., 1936, the objections of the governor notwithstanding,
in the manner prescribed by the constitution; and thereby has
^' the force of a law".)

An Act providing that the blackstone river valley (JliQ/n 4^0

DISTRICT SHALL PAY CERTAIN COSTS IN CONNECTION WITH
PROJECTS CONSTRUCTED BY IT.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and forty-eight of the
acts of the current year is hereby amended by striking out

530 Acts, 1936. — Chap. 410.

section four and inserting in place thereof the following : —
Section 4- The board may appoint and may at pleasure
remove a treasurer and a clerk, who need not be members of
the board, and both offices, if the board deems it advisable,
may be held by the same person. The treasurer shall give
to the board a bond payable to the district with a surety
company authorized to transact business in the common-
wealth and satisfactory to the board as surety, in such sum
as the board may prescribe and conditioned on the faithful
performance of his duties. The clerk shall take oath to faith-
fully and impartially perform his duties. The duties of the
treasurer and the clerk shall be those usually appertaining
to said offices, respectively, and in addition such as may from
time to time be prescribed by the board. The compensation
of the treasurer and of the clerk shall be determined by
the board. The board may also appoint and determine the
compensation of, and may at pleasure remove, a chief engi-
neer, who shall direct the engineering work and act as execu-
tive manager of the district. The compensation of persons
appointed under authority of this section, and land damages
if authorized as hereinafter provided, together with other
expenses authorized by this act and not chargeable to the
federal government, shall be paid by the municipalities of
the district, except Millville, and shall be considered as a
part of the expense of maintenance of the district.

The board shall secure convenient quarters for an office and
for the keeping of maps, plans, documents and other papers
relating to the business of the board. It shall at all times keep
full and accurate accounts of its receipts, expenditures, dis-
bursements, assets and liabilities, and shall annually on or
before December thirty-first make a written report to the
governor and council.

Section 2. Section nine of said chapter two hundred and
forty-eight is hereby amended by inserting in the second line,
after the word "may", the following: — , if authorized as
hereinafter provided, — so as to read as follows : — Section
9. For any purpose authorized by this act the board, acting
on behalf of the district, may, if authorized as hereinafter
provided, take by eminent domain under chapter seventy-
nine of the General Laws, or acquire by purchase or otherwise,
such lands, water courses, rights of way or other easements,
property and rights therein as it may deem necessary. Any
person, corporation or municipality whose property has been
taken or injured by any action of the board under authority
of this act may recover from the district under the provisions
of said chapter seventy-nine such damages therefor as he or
it may be entitled to. The board may sell at public auction
any property, including land, acquired by it hereunder and
in its opinion no longer needed in the performance of the
powers and duties conferred and imposed upon it by this
act, and may from time to time lease any property in its
opinion not then needed by it for the purposes of this act.
The board may enter upon any lands or waters for the

Acts, 1936. — Chap. 410. 531

purpose of making surveys, test pits and borings, and may
take by eminent domain under said chapter seventy-nine or
acquire by purchase or otherwise the right to temporarily
occupy any lands necessary for the carrying out of any of
said purposes.

Section 3. Said section nine of said chapter two hun-
dred and forty-eight is hereby further amended by adding
at the end the following new paragraph : —

In the event that the board deems it necessary, in con-
nection with any project authorized hereunder, to purchase
or to take by eminent domain any lands, water courses,
rights of way or other easements, property or rights therein,
the board shall in writing notify the board of selectmen of
each town, and the mayor of each city, in the district, and
if a majority of said boards and mayors approve in writing
such purchase or taking then the board may make such tak-
ing or may so purchase in the name and on behalf of the
district. For the purpose of this paragraph each board of
selectmen and each mayor shall have one vote.

Section 4. Section eleven of said chapter two hundred
and forty-eight is hereby amended by inserting after the
word "act" in the eighth Une the words: — , including any
land damages and costs of purchase authorized as herein-
before provided, — so as to read as follows: — Section 11.
Annually before January first the board, on behalf of the
district, shall certify to the assessors of each municipality
within the district, except Millville, the sum constituting
the share of such municipality of the estimated cost for the
ensuing year, over and above receipts of the district, of the
maintenance and operation of the works maintained and
operated by the board under authority of this act, including
any land damages and costs of purchase authorized as here-
inbefore provided, and also the share of such municipality
of any deficit for the then current or any preceding year;
and the amount so certified shall be raised by the assessors
of such municipality during said ensuing year and shall be
paid, not later than November first, into the treasury of the
district. Each such municipality, except Millville, shall be
annually assessed hereunder such proportion of such cost of
maintenance and operation as the board shall determine,
based upon the proper proportion of such municipality of
the benefit derived by it from the works so maintained and
operated hereunder. If any municipality is aggrieved by an
assessment made upon it hereunder, the respective amounts
to be paid by the municipalities of the district, except Mill-
ville, shall be determined by three commissioners to be ap-
pointed by the supreme judicial court upon the application
of such aggrieved municipality and after notice to the other
municipalities of the district. The award of said commis-
sioners when accepted by said court shall be binding upon
the municipalities of the district.

Section 5. Said chapter two hundred and forty-eight is
hereby further amended by striking out section twelve and

532

Acts, 1936. — Chap. 411.

inserting in place thereof the following: — Section 12. For
the purposes of paying the expenses of the construction of
the work hereinbefore authorized, the district is hereby em-
powered to receive from the federal government all sums of
money allocated by it for any or all of the purposes of this
act, but the board shall have no right to levy upon, or to
charge or collect against, any municipality in the district
any portion of the cost of such construction. All expenses
of construction, including in said term all costs of plans and
surveys, and other necessary items of construction, but ex-
cluding compensation authorized by section four and land
damages, shall be paid for exclusively out of such federal
funds so allocated.

Upon the completion of any of such works, the district
shall thereafter bear the entire expense of the operation and
maintenance thereof.

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

Ajpyroved June 24, 1936.

Chap. 4:11 An Act relative to the taxation of sales of certain

ALCOHOL IN CERTAIN INSTANCES.

Emergency
preamble.

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

Excise on sales
of alcoholic
beverages by
manufac-
turers, etc.

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

Be it enacted, etc., as follows:

Section 1. Section twenty-one of chapter one hundred
and thirty-eight of the General Laws, as most recently
amended by section eight of chapter three hundred and
sixty-eight of the acts of the current year, is hereby further
amended by striking out the first sLx paragraphs and in-
serting in place thereof the following : —

Every licensed manufacturer of alcoholic beverages or
alcohol as hereinafter defined and every holder of a whole-
saler's and importer's license for the sale thereof and every
licensee under section seventy-six shall, in addition to the
license fees elsewhere provided in this chapter, be liable for
and pay to the commonwealth an excise, for the privilege
enjoyed by him as such manufacturer, wholesaler and im-
porter, or licensee under section seventy-six, to be levied on
sales of alcoholic beverages or alcohol, other than wines to
be used for sacramental purposes only, within the common-
wealth as follows:

For each barrel of thirty-one gallons, or fractional part of
a barrel aforesaid, of malt beverages, at the rate of one dol-
lar per barrel aforesaid;

For each wine gallon, or fractional part thereof, of wine,
including vermouth, at the rate of ten cents per wine gallon;

For each wine gallon, or fractional part thereof, of all
other alcoholic beverages containing twenty-four per cent
or less of alcohol by volume at sixty degrees Fahrenheit, at
the rate of fifteen cents per wine gallon;

Acts, 1936. — Chap. 411. 533

For each wine gallon, or fractional part thereof, of all
other alcoholic beverages containing more than twenty-four
per cent but not more than fifty per cent of alcohol by
volume at sixty degrees Fahrenheit, at the rate of forty
cents per wine gallon;

For each proof gallon, or fractional part thereof, of all
other alcoholic beverages containing more than fifty per
cent of alcohol by volume at sixty degrees Fahrenheit or
alcohol, at the rate of forty cents per proof gallon. The
words "proof gallon", when used in this section with refer-
ence to an alcoholic beverage, shall be held to be a gallon of
the alcoholic beverage which contains one half its volume
of alcohol of a specific gravity of seven thousand nine
hundred and thirty-nine ten thousandths (.7939) at sixty
degrees Fahrenheit. Every person subject to this section
shall keep a true and accurate account of all alcoholic bev-
erages or alcohol sold by him and shall make a return thereof
to the commissioner of corporations and taxation, herein-
after called the commissioner, within ten days after the last
day of each month, covering his sales during such month,
and shall at the time of such return make payment to the
commissioner of the amount due under this section for such
sales in such month. The commissioner shall assess on the
basis of any available information any deficiency in the
amount so payable which remains unpaid and shall notify
the person so assessed who may within thirty days of the
date of the notice make application for abatement thereof.
Such assessment may be made at any time within five years
after the making of the earliest sale included in such assess-
ment. If the commissioner shall determine that a deficiency
so assessed should be abated or, upon application filed within
thirty days of the making of the return that an overpay-
ment has been made, he shall certify the amount of such
abatement or overpayment to the state treasurer, who shall
repay the amount so certified if paid, without further ap-
propriation therefor. The commissioner is hereby author-
ized to prescribe rules and regulations governing the method
of keeping accounts, making returns and paying the excise
provided for in this section. Such rules and regulations
shall provide for the waiver of payment of the excise in
respect to any alcoholic beverages or alcohol if it appears
that an excise has already been paid under the provisions
of this section in respect thereto; provided, however, that
alcoholic beverages or alcohol manufactured within or im-
ported into the commonwealth and exported therefrom shall
be exempt from such excise. Alcohol for the purposes of
this section shall mean alcohol otherwise subject to any
provision of this chapter but shall not include alcohol sold
for scientific, chemical, mechanical, manufacturing, indus-
trial, culinary, pharmaceutical or medical purposes in con-
tainers greater in capacity than one wine gallon.

Section 2. This act shall take effect on September first ff^l*'*'^^
in the current year. Approved June 24, 1936.

534 Acts, 1936. — Chaps. 412, 413.

ChapA12 A.N Act further penalizing the taking of fish by

DRAGGING OR OTTER TRAWLING IN CERTAIN WATERS IN
CAPE COD BAY.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and twenty-three of
the acts of nineteen hundred and thirty-one is hereby
amended by striking out section one and inserting in place
thereof the following : — Section 1 . No person shall take
fish by dragging or by otter trawling between May first and
October thirty-first, both dates inclusive, in any year, in the
waters in Cape Cod bay Ijing southerly of a line drawn
from Race Point fight to Gurnet fight. Whoever violates
this act shall be punished by a fine of not less than fifty nor
more than one hundred dollars or by imprisonment for not
more than thirty days, or both. Any boat or vessel used,
and any fish taken or held, in violation of this act may be
seized in accordance with the provisions of section eleven
of chapter one hundred and twenty-nine A of the General
Laws, and the same shall be forfeited. The possession, con-
trol or tending of a drag or otter trawl which is in contact
with said waters shall be prima facie evidence of a violation
of this act.

Section 2. Section one of chapter three hundred and
twenty-three of the acts of nineteen hundred and thirty-
one, as amended by this act, shall apply only in the case of
offences committed after the effective date of this act, and
the provisions of said section one of said chapter as effective
immediately prior to said date shall continue to apply in
the case of offences committed prior thereto.

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

Approved June 24, 1936.

ChapAlS An Act extending the provisions of law providing for

AID TO MOTHERS WITH DEPENDENT CHILDREN.

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 preservation

of the public convenience.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION 1. The General Laws are hereby amended by

stricken out. striking out chapter one hundred and eighteen, as amended,
chapterus. ^^d inserting in place thereof the following: —

inserted.

Chapter 118.
Aid to Dependent Children.

Definitions. Scction 1. The following words and phrases as used in

this chapter, unless the context otherwise requires, shall
have the following meanings: —

Acts, 1936. — Chap. 413. 535

"Dependent child", a child under the age of sixteen who
has been deprived of parental support or care by reason of
the death, continued absence from home or physical or
mental incapacity of a parent, and who is living with his
father, mother, grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle or aunt
in a place of residence maintained by one or more of such
relatives as his or their own home, whether or not they or
any of them have a settlement within the commonwealth.

"Aid to dependent children", money payments with re-
spect to a dependent child or dependent children.

"Department", the department of public welfare.

"Parent" shall include any relative described in the para-
graph of this section defining "Dependent child", in respect
to dependent children in his or her care or custody.

Section 2. In every town the board of public welfare Dvties of
shall aid every parent in properly bringing up, in his or her uc^weifrre^" "
own home, each dependent child if such parent is fit to
bring up such child, but no aid shall be granted under this
chapter for or on account of any child unless (1) such child
has resided in the commonwealth one year immediately pre-
ceding the application for such aid, or (2) such child was
born within the commonwealth within one year immediately
preceding such application, if its mother has resided in the
commonwealth for one year immediately preceding the birth.
The aid furnished shall be sufficient to enable such parent
to bring up such child or children properly in his or her own
home. Nothing in this chapter shall be construed as author-
izing any public official, agent or representative, in carrying
out any provision of this chapter, to take charge of any
child over the objection of either the father or the mother of
such child, or of the person standing in loco parentis to
such child, except pursuant to a proper court order.

Section 3. Except as hereinafter provided, before so aiding investigations,
any parent the board of public welfare shall have determined
that the parent is fit to bring up such child or children and
that the other members of the household and the surround-
ings of the home are such as to make for good character,
and that aid from the board is necessary to enable such
parent to bring up such child or children properly. For this
purpose the board shall make an immediate and careful in-
quiry, including the resources of the family and the ability
of its other members, if any, to work or otherwise contribute
to its support, the existence of relatives able to assist the
family, and individuals, societies or agencies who may be
interested therein; shall take all lawful means to compel
all persons bound to support such parent and such child or
children to support them, and to enforce any other legal
rights for their benefit ; shall press all members of the family
who are able to work, other than such parent and such child
or dependent children, to secure work; shall try to secure
work for them; and shall secure all necessary aid for such
parent and such child or children which can be secured from

536

Acts, 1936. — Chap. 413.

Visitations,

Department
to supervise
work of
local boards.

Cities and
towns, reim-
bursement of,
in certain
cases.

Allotment of
federal funds.

relatives, organizations or individuals. This section shall
not prevent such board of public weKare from giving prompt
and suitable temporary aid, pending compliance with the
requirements of this section, when in its opinion such aid
is necessary and cannot be obtained from other sources.
A detailed statement of expenses incurred under this section
shall be rendered to the department, together with such cer-
tificates or other guarantees as it may require.

Section 4- The board of public welfare, either by one of
its own number or by its duly appointed agent, shall visit
at least once in every three months, at their homes or other
places where they may be living, every such parent and de-
pendent child or children who are being aided financially or
otherwise by said board, and after each visit shall make and
keep on file as a part of its official records a detailed state-
ment of the condition of the home and family and all other
data which may assist in determining the wisdom of the
measures taken and the advisability of their continuance;
and such board shall at least once in each year reconsider the
case of each such parent with whom it is dealing, and enter
its determination with the reason therefor on its official
records.

Section 5. The department shall supervise the work done
and measures taken by the boards of public welfare of the
several towns in respect to families aided and service given
under this chapter; and for this purpose may make such
rules relative to notice and reimbursement and such other
rules relating to the administration of this chapter as it
deems necessary, and may visit and inspect any or all fami-
lies so aided, and shall have access to any records and other
data kept by such boards or their representatives relating to
such aid, and may require the production of books and papers
and the testimony of witnesses under oath. The department
shall make an annual report to the general court, and shall
make such reports to the social security board established
under the federal social security act, approved August four-
teenth, nineteen hundred and thirty-five, as may be neces-
sary to secure to the commonwealth the benefits of said act.

Section 6. In respect to all sums disbursed for aid under
this chapter, the town disbursing the same shall, after ap-
proval of the bills by the department, and subject otherwise
to section forty-two of chapter one hundred and twenty-one,
be reimbursed to the extent of moneys received by the com-
monwealth from the federal government on account of such
disbursement, under the provisions of the federal social secu-
rity act, approved August fourteenth, nineteen hundred and
thirty-five, and also by the commonwealth for one third of
the total amount disbursed.

Section 7. Money received by the commonwealth from
the federal government as a grant for aid to dependent chil-
dren shall be paid to the several cities and towns as allotted
by the department, and shall be kept as a separate account
by every such city and town and used only for purposes

Acts, 1936. — Chap. 413. 537

specified by the department, notwithstanding the provisions
of section fifty-three of chapter forty-four.

Section 8. Any person aggrieved by the failure of any Appeal in
town to render adequate aid under this chapter, or by the wfofaid.
failure of the board of public welfare of a town to approve
or reject an apphcation for aid hereunder within thirty days
after receiving such application, shall have a right of appeal
to a board composed of the supervisor of mothers' aid in
the department, the director of the division of aid and relief,
a member of the advisory board of the department desig-
nated by the commissioner of public welfare, and the com-
missioner of public welfare, ex officio, which board, herein-
after called the appeal board, shall forthwith make a thorough
investigation and shall have authority to act upon any ap-
peal in relation to the following matters:

1. The matter of denial of aid by the local board of pubUc
welfare ;

2. The matter of a change in the amount of aid given;

3. The matter of withdrawal of aid.

In all cases of appeal an opportunity for a fair hearing
shall be provided by the appeal board. All decisions of the
appeal board shall be binding upon the local board of public
welfare involved and shall be complied with by such local
board.

Section 9. If an application for aid under this chapter is Option,
affected by the eligibility of the applicant to receive aid
under chapter one hundred and fifteen, the applicant shall
be entitled to exercise such options and execute such waivers
as may be necessary to receive the aid which he seeks.

Section 10. Aid hereunder shall not be subject to trustee Aid not
process and no assignment thereof shall be valid. No ap- att'ichment,
plicant for aid hereunder who knowingly makes any false etc.
statement, or seeks to perpetrate any fraud or deception, in
or relative to his application for such aid, shall be granted
any aid hereunder upon such application, nor shall he be
eligible for one year thereafter to make further application
for such aid or to receive the same.

Section 2. Subsection seven of section one of this act Effective
and this section shall take effect in conformity with the
constitution, and the balance of this act shall take effect on
January first, nineteen hundred and thirty-seven; but if so
much of the provisions of the federal social security act
therein referred to as provide for grants for aid to dependent
children shall be repealed, or shall become inoperative be-
cause of unconstitutionality or otherwise, this act shall, sixty
days thereafter, become null and void, and said chapter one
hundred and eighteen, as in effect immediately prior to the
effective date of this act, shall thereupon again be in full
force and effect. Approved June S4, 1936.

538 Acts, 1936. — Chaps. 414, 415.

Chap. 4:14: An Act extending the provisions of certain enabling

ACTS SO THAT CERTAIN POLITICAL SUBDIVISIONS OF THE
COMMONWEALTH MAY ACCEPT AND USE FOR PUBLIC PROJ-
ECTS CERTAIN FEDERAL FUNDS WHICH MAY BE MADE
AVAILABLE DURING THE CURRENT YEAR.

Emergency Whcreas, The deferred operation of this act would tend

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

an emergency law, necessarj^ for the immediate preservation

of the public convenience.

Be it enacted, etc., as follows:

Chapter four hundred and four of the acts of nineteen
hundred and thirty-five is hereby amended by adding at
the end thereof the following new section : — Section 9.
Wherever, in Part I of chapter three hundred and sixty-six
of the acts of nineteen hundred and thirty-three, and acts
in amendment thereof and in addition thereto, reference is
made to the National Industrial Recovery Act or any title
or part thereof, or to the Emergency Relief Appropriation
Act of 1935, such reference shall be deemed and held to
refer also to all acts and joint resolutions of congress enacted
during nineteen hundred and thirty-six authorizing grants
of federal money for public projects.

Approved June 24, 1936.

Chap. 415 An Act relative to the purchase and development of

STATE forests.

Emergency Wkeveas, The deferred operation of this act would tend to

pream e. defeat its purposc, 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:

EdViIl"^' Section 1. Section thirty-three of chapter one hundred

§3'3,'etc..' and thirty-two of the General Laws, as most recently
amended. amended by chapter three hundred and seventy-three of

the acts of nineteen hundred and thirty-five, is hereby fur-
ther amended by striking out, in the sixth line, the word
"one" and inserting in place thereof the word: — six, —
and by striking out, in the eighth line, the word "thirty-six"
and inserting in place thereof the word : — fifty-six, — so
Additional as to read as follows: — Section 33. In addition to lands
itafe^fOTests. acquircd under section thirty the commissioner may pur-
chase or, with the approval of the governor and council, take
by eminent domain under chapter seventy-nine and hold
for state forests lands within the commonwealth suitable for
the production of timber to the extent of not more than six
hundred and fifty thousand acres. The land shall be pur-
chased before August fifth, nineteen hundred and fifty-six,
at a rate not exceeding an average cost of five dollars per

Acts, 1936. — Chap. 416. 539

acre or at such price as the general court may from time to
time determine. The forester shall reclaim the said lands
by replanting or otherwise in order to produce timber and
to protect the water supply of the commonwealth. The
forester may employ temporarily such persons as foresters,
assistant foresters, engineers, surveyors, forest fire observers
and foremen as he deems necessary to assist him in carrjdng
out his duties under this section, and the employment of
such persons shall not be subject to chapter thirty-one.

Section 2. Said chapter one hundred and thirty-two is g. l. (Tct.
hereby further amended by striking out section thirty-six, ^'^^l] i^ended.
as appearing in the Tercentenary Edition, and inserting in
place thereof the following: — Section 36. To meet the Appropriations,
expenditures authorized by sections thirty-three to thirty-
five, inclusive, the said department may expend between
August fifth, nineteen hundred and thirty-six and August
fifth, nineteen hundred and fifty-six, such sums not exceed-
ing two million, five hundred thousand dollars as the general
court may from time to time appropriate.

Section 3. This act is hereby declared to be enacted in Art to be
place of the proposed law accompanying the initiative peti- ^Ifen!^^'
tion transmitted by the secretary of the commonwealth to
the general court on the thirty-first day of December, nine-
teen hundred and thirty-five, and printed as current house
document numbered three hundred and three, and shall take
effect on the day following the first Wednesday in August
of the current year; provided, that if the said initiative
petition is completed, as provided by the constitution, by
filing the required number of signatures not earlier than the
first Wednesday in July of the current year nor later than
said first Wednesday in August, this act shall be void.

Approved June S4) 1936.

An Act abolishing the board of police for the city of C/ia7?.416

FALL RIVER.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and fifty-one of the
acts of eighteen hundred and ninety-four, entitled "An Act
to establish a Board of Police for the City of Fall River",
and all acts in amendment thereof and in addition thereto,
are hereby repealed.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Fall River at the
biennial state election in the current year in the form of
the following question which shall be placed upon the official
ballot to be used in said city at said election: — "Shall an
act of the general court passed in the current year, entitled
'An Act abolishing the Board of Police for the City of Fall
River', be accepted?" If a majority of the voters voting
thereon vote in the affixmative in answer to said question
this act shall thereupon take effect, but not otherwise.

Approved June 24, 1936.

540 Acts, 1936. — Chaps. 417, 418, 419.

Chap All An Act prohibiting marathon dances, other marathons

OR walkathons, so called.

Be it enacted, etc., as follows:

Edo'272T' Chapter two hundred and seventy-two of the General

new section Laws is hereby amended by adding at the end the following
Mara^thon newsection: — Section 103. Whoever shall participate in,
dances, etc., Operate, maintain or aid in the conduct of any marathon
or walkathon, so called, whether or not an admission fee is
charged or a prize is to be awarded to one or more partici-
pants therein, which shall continue or be intended to con-
tinue for more than four consecutive hours in any period of
twenty-four hours, except a marathon road race, so called,
over a course not exceeding twenty-seven miles in length,
shall be punished by a fine of not more than one hundred
dollars or by imprisonment for not more than six months, or
both. Approved June 21^, 1936.

prohibited.

Chap. 4:18 An Act relative to the terms of certain bonds and

NOTES TO BE ISSUED BY THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. The notes which the state treasurer is author-
ized to issue under chapter two hundred and eighty-one of
the acts of the current year, further extending the opportunity
to cities and towns to borrow under the act creating the
emergency finance board, and further increasing the funds
available therefor, shall be issued for maximum terms of
years to expire not later than November thirtieth, nineteen
hundred and forty-two, notwithstanding any provision of
section five of chapter forty-nine of the acts of nineteen hun-
dred and thirty-three, as most recently amended by section
two of said chapter two hundred and eighty-one.

Section 2. The term of the bonds which the state
treasurer is authorized to issue under chapter three hundred
and three of the acts of the current year, relative to the con-
struction and leasing by the commonwealth of a fish and com-
mercial pier in Gloucester harbor, shall not exceed five years,
as recommended by the governor in a message to the general
court, dated June nineteenth, nineteen hundred and thirty-
six, in pursuance of section three of article LXII of the
amendments to the constitution.

Approved June S4, 1936.

Chap.4il9 An Act subjecting the office of agent for public

WELFARE of THE TOWN OF WARE TO THE CIVIL SERVICE
LAWS.

Be it enacted, etc., as follows:

Section 1. The office of agent for public welfare of the
town of Ware shall, upon the effective date of this act, be-

Acts, 1936. — Chap. 420. 541

come subject to the civil service laws and rules and regula-
tions, 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 incumbent of said office
may continue to serve as such without taking a civil service
examination.

Section 2. This act shall take effect upon its acceptance
by vote of the inhabitants of said town at a town meeting
held not later than the date of the regular town meeting in
the year nineteen hundred and thirty-seven.

Approved June S4, 1936.

An Act establishing the merrimack river valley sew- Phnj) 420

ERAGE district AND DEFINING ITS POWERS AND DUTIES.

Be it enacted, etc., as follows:

Section 1. A sewerage district, to be known as the Mer-
rimack river valley sewerage district, hereinafter called the
district, is hereby created and shall include all the territory
of the cities and towns of Amesbury, Andover, Chelmsford,
Dracut, Groveland, Haverhill, Lawrence, Lowell, Merri-
mac, Methuen, Newburyport, North Andover, Salisbury,
Tewksbury, Tyngsborough and West Newbury.

Section 2. The district shall be under the management
and control of an unpaid board, which is hereby created and
shall be known as the Merrimack River valley sewerage
board, hereinafter called the board. The board shall consist
of five members, who shall be appointed, and may for cause
be removed, by the governor, with the advice and consent
of the council. Four members of the board shall reside
within the district. Of the members of the board first
appointed, two shall be appointed for the term of three
years, two for two years and one for one year, and thereafter
as the term of a member expires his successor shall be ap-
pointed in like manner for the term of three years. The
governor shall from time to time designate the chairman of
the board, who shall not be a resident of the district. Every
member shall serve until the qualification of his successor.

Section 3. The district shall have a seal consisting of a
circular die bearing the words "Commonwealth of Massa-
chusetts. Merrimack River Valley Sewerage District, 1936",
which seal may be used, whenever deemed advisable by the
board, on notes or other evidences of indebtedness, papers
and documents issued or executed by the board or by any
officer of the district thereunto authorized by the board.

Section 4. The board may appoint and may at pleasure
remove a treasurer and a clerk, who need not be members
of the board, and both offices, if the board deems it advis-
able, may be held by the same person. The treasurer shall
give to the board a bond payable to the district with a
surety company authorized to transact business within the

542 Acts, 1936. — Chap. 420.

commonwealth and satisfactory to the board as surety, in
such sum as the board may prescribe and conditioned on
the faithful performance of his duties. The clerk shall take
oath to faithfully and impartially perform his duties. The
duties of the treasurer and the clerk shall be those usually
appertaining to said offices, respectively, and in addition
such as may from time to time be prescribed by the board.
The compensation of the treasurer and of the clerk shall be
determined by the board. The board may also appoint and
determine the compensation of, and may at pleasure remove,
a chief engineer, who shall direct the engineering work and
act as executive manager of the district. The board shall
also from time to time appoint or employ such other en-
gineers and such experts, agents, officers, clerks and other
employees as it deems necessary, shall determine their
duties and compensation, and may remove them at pleasure.
The salaries or compensation of all persons appointed under
authority of this section shall not exceed ten thousand dol-
lars in any year, and, together with other expenses not
chargeable to the federal government, shall be paid by the
district and shall be considered as a part of the expense of
maintenance of the district.

The board shall secure convenient quarters for an office
and for the keeping of maps, plans, documents and other
papers relating to the business of the board. It shall at all
times keep full and accurate accounts of its receipts, expendi-
tures, disbursements, assets and liabilities, and shall annually
on or before December thirty-first make a written report to
the governor and council.

Section 5. No financial obligation shall be incurred, no
money shall be expended and no work shall be commenced
under this act unless and until ten million dollars, or such
smaller sum as, in the opinion of the proper federal authori-
ties, is sufficient to cover the cost of the project authorized
by section six, shall have been allocated by the federal
government under authority of appropriate federal legis-
lation for the said project.

Section 6. The board, acting for the district, shall con-
struct, maintain and operate, subject to the approval of the
state department of public health, such trunk sewers, pump-
ing stations, intercepting sewers, connections and other
sewerage works as may be required for a system for suitably
treating, disposing of or diverting from the waters of the
Merrimack river sewage and other pollution originating in
any of said cities and towns.

Section 7. The board may make such contracts and
enter into such other arrangements as it may deem neces-
sary for the construction, operation and maintenance of
sewers or other works hereinbefore authorized, may pur-
chase necessary materials and supplies therefor and may
secure necessary labor therefor. Every contract calling for
an expenditure of more than five hundred dollars shall be in
writing, and no such contract shall be awarded unless pro-

Acts, 1936. — Chap. 420. 543

posals for bids therefor shall previously have been published
once a week for three successive weeks in two daily papers
published in Essex county. Such bids shall be opened pub-
licly at the time and place announced in such newspaper
pubhcation.

Section 8. In carrjdng out the powers and duties con-
ferred and imposed upon the board by this act, the board
may locate and maintain sewers or other works hereinbefore
authorized and any other necessary equipment in, on or
over public ways, in public parks, and in or over railroad
or railway locations, and it may alter or change the course
or direction of any water course or location or grade of any
way; provided, that it shall not take in fee any land of any
railroad or railway corporation, nor enter upon or construct
any drain, sewer or other works within the location of any
railroad or railway corporation, except at such times 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 state department of public utilities; and provided,
further, that in entering upon and digging up, raising or
embanking any way, the board shall be subject to such rea-
sonable regulations as may be made by the mayor, alder-
men, city council, selectmen or other officials having juris-
diction in the premises, in the city or town in which such
work is performed. In case of dispute between the board
and any such city or town, the question at issue shall be
determined by the state department of public works.

Section 9. For any purpose authorized by this act, the
board, acting on behalf of the district, may take by emi-
nent domain under chapter seventy-nine of the General
Laws, or acquire by purchase or otherwise, such lands,
water courses, rights of way or other easements, property
and rights therein as it may deem necessary. Any person,
corporation or municipality whose property has been taken
or injured by any action of the board under authority of
this act may recover from the district under the provisions
of said chapter seventy-nine such damages therefor as he
or it may be entitled to. The board may sell at public auc-
tion any property, including land, acquired by it hereunder
and in its opinion no longer needed in the performance of
the powers and duties conferred and imposed upon it by
this act, and may from time to time lease any property in its
opinion not then needed by it for the purposes of this act.
The board may enter upon any lands or waters for the pur-
pose of making surveys, test pits and borings, and may take
by eminent domain under said chapter seventy-nine or
acquire by purchase or otherwise the right to temporarily
occupy any lands necessary for the carrying out of any of
said purposes.

Section 10. The board may connect private sewers,
or new sewers under construction, with any existing sewers,
and may operate sewerage systems within the district upon
such terms, conditions and regulations as the board may

M4 Acts, 1936. — Chap. 420.

prescribe. The board may levy assessments upon any
person for the privilege of using the sewerage facilities fur-
nished by it. So far as apt the provisions of sections twelve
and thirteen of chapter eighty of the General Laws shall
apply to such assessments.

Section 11. Annually before January first the board,
on behalf of the district, shall certify to the assessors of each
city or town within the district the sum constituting the
share of such city or town of the estimated cost for the en-
suing year, over and above the receipts of the district, of
the maintenance and operation of the works maintained and
operated by the board under authority of this act and also
the share of such city or town of any deficit for the then
current or any preceding year; and the amount so certified
shall be raised by the assessors of such city or town during
said ensuing year and shall be paid, not later than November
first, into the treasury of the district. Each such city and
town shall be annually assessed hereunder such proportion
of such cost of maintenance and operation as the board shall
determine, based upon the respective populations of said
cities and towns as ascertained by the last preceding state
or national census, except that the computation of the
population of the town of Tewksbury shall not include
inmates of the state infirmary in said town. If any city or
town is aggrieved by an assessment made upon it here-
under, the respective amounts to be paid by the cities and
towns of the district shall be determined by three commis-
sioners to be appointed by the supreme judicial court upon
the application of such aggrieved city or town and after
notice to the other municipalities of the district. The
award of said commissioners when accepted by said court
shall be binding upon the cities and towns of the district.

Section 12. For the purpose of paying the expenses of
the construction of the work hereinbefore authorized, the
district is hereby empowered to receive from the federal
government all sums of money allocated by it for any or all
of the purposes of this act, but the board shall have no right
to levy upon, or to charge or collect against, any city or town
in the district any portion of the cost of such construction;
all expenses of construction, including in said term all costs
of plans and surveys and other necessary items of construc-
tion, but excluding compensation and land damages, to be
paid for exclusively out of such federal funds so allocated.

Upon the completion of any of such works, the district
shall thereafter bear the entire expense of the operation and
maintenance thereof.

Section 13. For the purpose of temporarily financing
the operation and maintenance of works constructed under
authority of this act, including compensation, and for the
purpose of paying land damages, the district may issue its
notes to an amount deemed by the board necessary therefor,
but not to exceed the estimated cost of such operation and

Acts, 1936. — Chap. 420. 545

maintenance, said notes to be payable, in not more than one
year from the date of their issue, from sums received by the
board as a result of the operation and maintenance of such
works and from sums certified to and collected from the
several cities and towns of the district as hereinbefore pro-
vided. The provisions of chapter forty-four of the General
Laws relating to the issue of notes by districts shall, so far as
pertinent, apply to notes issued under this section.

Section 14. Any city or town, within the limits of which
any main sewer under the control of the board is situated,
shall connect its local sewers with such main sewer subject
to the direction, control and regulation of the board, and
any person, subject thereto and subject to such terms, con-
ditions and regulations as each city or town may prescribe,
may connect private drains with such main sewer. The
sewerage systems of all cities and towns in said district not
provided with such systems upon the effective date of this
act shall be constructed in accordance with the so-called
separate system of sewerage.

Section 15. The board is hereby authorized to act, as
hereinafter provided, jointly with the New Hampshire Water
Resources Board, a public corporation of the state of New
Hampshire with similar powers and duties within that por-
tion of the watershed of the Merrimack river lying within
said state. Said joint body shall be known as the Merrimack
River Valley Authority and is hereinafter referred to as the
authority. The authority shall act as an advisory planning
board relative to all works and projects deemed by it reason-
ably necessary and proper for the preservation and main-
tenance of the health, welfare and safety of the inhabitants
of the watershed of the Merrimack river and its tributaries
in the state of New Hampshire and this commonwealth, with
power to make recommendations to the legislative depart-
ments of said state and this commonwealth relative to legis-
lation deemed by it necessary or proper to accomplish any
or all of such purposes, to recommend to the governing bodies
of the several cities and towns within said watershed in said
state and this commonwealth any matter or thing which
the authority believes will be conducive to the health, wel-
fare or safety of said inhabitants, and to make rules and regu-
lations within the scope of its powers and duties. The author-
ity shall annually on or before December thirty-first make a
report in writing to the governor of the state of New Hamp-
shire and to the governor of this commonwealth.

Section 16. The provisions of this act, except the pro-
visions of section fifteen and the provisions of section two
other than those which provide for the management and con-
trol of the district by the board, shall cease to be effective
on January first, nineteen hundred and thirty-eight, unless
prior thereto ten million dollars, or such smaller sum as, in
the opinion of the proper federal authorities, is sufficient to
cover the cost of the project authorized by section six has

546 Acts, 1936. — Chaps. 421, 422, 423.

been allocated by the federal government under authority of
appropriate federal legislation for the said project.

Section 17. This act shall take effect upon its passage.

Approved June 24, 1936.

ChapA21 An Act subjecting the office of superintendent of

CEMETERIES IN THE CITY OF CAMBRIDGE TO THE CIVIL
SERVICE LAWS,

Be it enacted, etc., asfolloivs:

Section 1. The office of superintendent of cemeteries
in the city of Cambridge shall, upon the effective date of this
act, become subject to the civil service laws and rules and
regulations, and the term of office of any incumbent thereof
shall be unlimited, subject, however, to such laws; but the
person holding said office on said effective date may con-
tinue therein without taking a civil service examination.

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

Approved June £4, 1936.

Chap. 422 An Act authorizing the county of Suffolk to pay cer-
tain compensation to THOMAS E. GOGGIN OF BOSTON.

Be it enacted, etc., as follows:

Section 1. For the purpose of promoting the public
good, the county of Suffolk may pay to Thomas E. Goggin
of the city of Boston, formerly employed as an inspector in
the office of the district attorney for the Suffolk district and
injured on November seventeenth, nineteen hundred and
thirty-one, in the performance of his duties as such inspec-
tor, the amount or amounts to which he would be entitled
if sections sixty-nine to seventy-five, inclusive, of chapter
one hundred and fifty-two of the General Laws, as amended,
had been in effect in said county as to said position at the
time of said injuries.

Section 2. This act shall take effect upon its accept-
ance during the current year by vote of the city council of
the city of Boston, subject to the provisions of its charter.

Approved June 24) 1936.

Chap. 42^ An Act authorizing the city of Worcester to pay a

SUM OF MONEY TO THE WIDOW OF WALTER J. COOKSON,
LATE MAYOR OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. For the purpose of promoting the public
good and in consideration of his meritorious service in pub-
lic office, the city of Worcester may pay to the widow of
Walter J. Cookson, late mayor of said city, a sum of money
equal to that part of the salary provided for the mayor of
said city payable for the period between the date of the

Acts, 1936. — Chaps. 424, 425. 547

death of said Walter J. Cookson and the date of the quali-
fication of his successor, such amount to be payable in
monthly instalments.

Section 2. This act shall take effect upon its acceptance
during the current year by vote of the city council of the
city of Worcester, subject to the provisions of its charter.

Approved June 24, 1936.

An Act authorizing the payment by the city of boston Cha'pA24:

OF A certain sum OF MONEY TO THE PARENTS OF JOHN

mcgrath of said city.
Be it enacted, etc., as follows:

Section 1. The city of Boston may pay to the parents
of John McGrath of South Boston, a minor who was seri-
ously injured on October fifth, nineteen hundred and thirty-
five, by a vehicle of the public works department of said
city, a sum not exceeding two hundred and fifty dollars in
full compensation for medical, hospital and other expenses
and damages on account of said injuries.

Section 2. This act shall take effect upon its accept-
ance during the current year by vote of the city council of
said city, subject to the provisions of its charter.

Approved June 24, 1936.

An Act relative to the taking of trout from onota (jfiQnj 425

LAKE IN THE CITY OF PITTSFIELD.

Be it enacted, etc., as follows:

Section 1. Section fifty-seven of chapter one hundred ^j^jj®""-
and thirty-one of the General Laws, as most recently amended § 57,' etc'
by chapter one hundred and forty-nine of the acts of nine- amended.
teen hundred and thirty-four, is hereby further amended
by inserting after the word "commonwealth" in the eighth
line the words : — , or between the first Monday in Septem-
ber in any year and May thirtieth of the year following, if
taken from the waters of Onota lake in the city of Pittsfield,
— and by inserting after the word "commonwealth" in the
eleventh and twelfth lines the words : — , or a trout less than
nine inches in length if taken from the waters of Onota
lake in the city of Pittsfield, — so as to read as follows: —
Section 57. Except as provided in section fifty-one, no per- Possession
son shall take or have in possession trout between July regufa'ted!**'"
thirty-first in any year and April fifteenth of the year fol-
lowing, or between July fifteenth in any year and April
first of the year following, if taken from the waters of Dukes
county, or between September first and May twenty-ninth
of the year following, if taken from the Deerfield river or its
diverted waters within the commonwealth, or between the
first Monday in September in any j^ear and May thirtieth of
the year following, if taken from the waters of Onota lake in
the city of Pittsfield, nor shall any person have in posses-

548

Acts, 1936. — Chap. 426.

G. L. (Ter.
Ed.). 131. § 50,
amended.

Limit of
patch.

sion at any time a trout less than six inches in length, or trout
less than twelve inches in length if taken from the Deerfield
river or its diverted waters within the commonwealth, or a
trout less than nine inches in length if taken from the waters
of Onota lake in the city of Pittsfield, unless taken by a
person lawfully fishing and immediately returned alive to
the water whence it was taken.

Section 2. Said chapter one hundred and thirty-one is
hereby further amended by striking out section fifty-nine,
as appearing in the Tercentenary Edition, and inserting in
place thereof the following : — Section 59. No person shall
in any one day take from the waters of the commonwealth
a total of more than fifteen trout, nor shall any person in
any one day take more than five trout from the Deerfield
river or its diverted waters within the commonwealth, nor
shall there be taken in any one day from the waters of
Onota lake in the city of Pittsfield trout to a number ex-
ceeding eight, or of an aggregate weight exceeding ten
pounds, if taken by one person, or to a number exceeding
fifteen, or of an aggregate weight exceeding twenty pounds,
if taken by two or more persons angling from the same boat
or raft; provided, that if at any time the aggregate weight of
the trout then taken from the waters of said Onota lake is
less than the aggregate weight limit and the taking of an-
other trout will cause said limit to be exceeded the taking
of such other trout shall be lawful if thereby the limit as to
number is not exceeded. Approved June 2 4, 1936.

Certain manu-
facturers
required to
insure under
workmen's
compensa-
tion law.

C/iap. 426 An Act requiring manufacturers to insure under the
workmen's compensation act where employees work
ON machinery.

Be it enacted, etc., as folloios:

Any person, corporation or other concern, in the manu-
facturing industry who employs one or more persons in the
operation of machinery or machines of any nature, which
by the records of the Massachusetts industrial accident
board has shown that the said machine or machines is capa-
ble of inflicting an injury on the employee operating said
machine and involving the loss of life, limb or injury to said
employee, said employer shall provide compensation of a
monetary nature to said employee during such time of in-
capacitation. The said compensation shall be not less than
the amount and period of time as provided for in the work-
men's compensation act and its amendments thereto.

Any employee of any person, concern or corporation
cited above shall accept the provisions of this act except
in the event that the employer fails to comply with the pro-
visions as later stated in this act. In such case the employee
retains his rights of civil action and the employer's common
law rights shall be abrogated as specified in section sixty-
six of chapter one hundred and fifty-two of the General
Laws.

Acts, 1936. — Chaps. 427, 428. 549

Failure on the part of any employer to comply with this
provision and in the event of one or more of his employees
becoming involved in an accident relative to his work on
any such machine or machines as shown by the records of
the Massachusetts industrial accident board as being capa-
ble of inflicting an injury upon any employee operating
said machine then that employer shall be required to post
a bond of a sufficient amount, to be determined by the
Massachusetts industrial accident board or a certificate of
insurance, acceptable to said board before said machine, or
group of machines of the same type in his factory, is per-
mitted to operate again. Approved June 24> 1936.

An Act further regulating workmen's compensation ChavA27

PAYMENTS BY THE COMMONWEALTH.

Be it enacted, etc., asfolloius:

Chapter one hundred and fifty-two of theGeneral Laws g. l. (Ter.
is hereby amended by inserting after section sixty-nine A, newslc^tfon
inserted therein by chapter three hundred and fifteen of the ^^^' added,
acts of nineteen hundred and thirty-three, the following
new section : — Section 69B. Payments of compensation, or Payments of
payments of medical or other expenses or fees by the com- TompTMation.
monwealth under this chapter following the consent or order regulated.
required by section sixty-nine A shall be made only upon
vouchers bearing the certification of the supervisor of work-
men's compensation agents and subject to the approval of
the department. Said supervisor shall cause to be periodi-
cally made such examinations and investigations as may
assist in determining whether or not the injured employee
is still incapacitated and whether such payments are due
under this chapter. Approved June 25, 1936.

An Act to provide for the transfer of certain funds (JJiaj) 428
TO the general fund or ordinary revenue of the
commonwealth.

Be it enacted, etc., as folloivs:

Section 1. The state treasurer shall transfer to the gen-
eral fund or ordinary revenue of the commonwealth all ex-
isting balances held by him in the following funds: — (1) the
military and naval service fund, (2) the escheated estates
fund, and (3) the unclaimed dividends trust fund; and any
payment which may hereafter become due from the military
and naval service fund shall be made out of the general
fund.

Section 2. All moneys which hereafter become payable
to the commonwealth from estates which escheat and divi-
dends which are not claimed shall be paid directly into the
general fund or ordinary revenue of the commonwealth and
shall, if claimed within six years, be paid from such general
fund or ordinary revenue of the commonwealth to claimants

550 Acts, 1936. — Chap. 429.

certified as entitled thereto by the methods provided by ex-
isting law by the state treasurer without appropriation.

Approved June 25, 1936.

Chap. 4:29 An Act providing for the repair or reconstruction of

CERTAIN BRIDGES DAMAGED BY RECENT FLOODS.

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

Be it enacted, etc., as follows:

Section 1. The department of public works, hereinafter
called the department, is hereby authorized and directed to
repair or reconstruct county, city or town bridges which
were destroyed or damaged by the recent floods, to the ex-
tent that funds are made available therefor by the federal
government and under this act. Projects hereunder shall be
selected, so far as possible, in accordance with a tabulation
of bridges damaged by the recent floods made by the de-
partment and dated June eighth, nineteen hundred and
thirty-six, which shall be filed and kept open to public in-
spection in the office of the state secretary. Such bridges
shall be repaired or reconstructed in such manner and in
such locations as the department, with the approval of the
county commissioners of the county where the bridge is
located, may determine.

Section 2. The department may construct approaches
to any of such bridges and make necessary alterations to
street railways and railroad tracks and in connecting ways
and may construct any necessary drainage outlets and cross
any railroads at grade or otherwise as may be necessary to
carry out the provisions of this act.

Section 3. There is hereby made available for the pur-
poses of this act sums not exceeding, in the aggregate, six
hundred and fifty thousand dollars, payable, with respect to
each project hereunder, as follows: — one half by the com-
monwealth out of the unexpended balance of the appropria-
tion made by chapter one hundred and forty-four of the acts
of the current year, one fourth by the commonwealth from
the Highway Fund, one eighth by the county and one eighth
by the city or town in which the bridge is located, and, in
addition, sums not exceeding, in the aggregate, one hundred
thousand dollars, payable by the commonwealth for engineer-
ing services as follows : — one half out of said unexpended
balance of the appropriation made by said chapter one hun-
dred and forty-four and one half from the Highway Fund;
provided, that sums amounting, in the aggregate, to not less
than one million eight hundred and fifty thousand dollars
shall have been made available for the purposes of this act
by the federal government. In the event that a bridge sub-

Acts, 1936. — Chap. 429. 551

ject to this section is located in more than one county, or in
more than one municipaUty, the payment herein required to
be made by the county, or by the municipality, shall be made
in equal proportions by such counties, or by such munici-
palities.

Section 4. The amounts to be paid by cities and towns
as aforesaid shall be assessed and collected by the state treas-
urer as a part of their state tax in the year nineteen hundred
and thirty-seven.

Section 5. For the purpose of meeting payments re-
quired to be made under this act a city, town or county may
borrow such sums as may be necessary, and may issue bonds
or notes therefor which shall be payable in not more than
ten years; and such indebtedness shall, except as herein pro-
vided, be subject to chapter forty-four of the General Laws
in the case of a city or town, and to chapter thirtj^-five of the
General Laws in the case of a county. Any borrowing here-
under by a city or town may be outside its statutory limit of
indebtedness.

Section 6. For the purposes of this act, the department,
on behalf of the commonwealth, or on behalf of any county,
city or town, may enter upon or take by eminent domain
under chapter seventy-nine of the General Laws, or acquire
by purchase or otherwise, such public or private lands, or
parts thereof or rights therein, or such public ways, as may be
necessary for carrying out any project under this act, includ-
ing such lands or rights therein as may be necessary for the
construction of any necessary drainage outlets; provided,
that no damages shall be paid for pubhc lands or public ways
so taken. Upon the filing of an order to that effect by the
department in its office, the title to and control of lands or
rights therein taken or acquired in connection with any proj-
ect hereunder shall become vested in the county, city or
town in whose behalf the land was taken or acquired as afore-
said. The cost of land takings, including any damages
awarded on account of any taking of land or property, or
any injury to the same, and any sums paid for lands or rights
purchased, shall be paid by the commonwealth out of the
proceeds of obligations issued under chapter four hundred
and sixty-four of the acts of nineteen hundred and thirty-
five, and the total amount so paid shall be included within
the limit of aggregate ultimate liability on the part of the
commonwealth specified in item (4) of section one of said
chapter four hundred and sixty-four. Sums paid under this
section shall be in addition to those specified in section three
of this act, but no payments under this section with respect
to any project hereunder shall be made unless and until sums
have been made available therefor by the federal govern-
ment as provided in said section three.

Section 7. Upon completion of the repair or recon-
struction of a bridge as herein authorized, the bridge, together
with its approaches, shall continue to be or become a public

552

Acts, 1936. — Chap. 430.

highway and shall be maintained by the county or counties,
or municipality or municipalities, in which it is located,
according to whether said bridge is a county, city or town
bridge. Approved June 25, 1936.

G. L. (Ter.
Ed.). 151,
§ 1, etc.,
amended.

Definitions

C/iap. 430 An Act amending certain provisions of law relative
TO the determination and establishment of mini-
mum FAIR WAGE standards FOR WOMEN AND MINORS.

Emergency Whercas, The deferred operation of this act would cause

preamble. .,.. iii- ic

substantial injury to the pubhc weliare and would delay
necessary protection to women and minors engaged in in-
dustry in this commonwealth, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the public health, safety and convenience.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and fifty-one of the
General Laws, as appearing in section one of chapter three
hundred and 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 : — Section 1 .
In this chapter the following words, unless a different mean-
ing is required by the context, shall have the following
meanings:

"Commission", the minimum wage commission which is
hereby established in the department of public health, but
under the control of the commissioner of public health, and
which shall consist of the commissioner of labor and indus-
tries, the commissioner of public health and the commis-
sioner of public welfare, ex officiis, each of whom shall serve
without additional compensation, but shall be entitled to
necessary traveling expenses. The commissioner of labor
and industries shall act as chairman.

"Wage board", a board created as provided in section
five.

"Woman", a female of twenty-one years or over.

"Minor", a person of either sex under the age of twenty-
one years.

"Occupation", an industry, trade or business or branch
thereof or class of work therein in which women or minors
are gainfully employed, but shall not include domestic serv-
ice in the home of the employer or labor on a farm.

"An oppressive and unreasonable wage", a wage which is
both less than the fair and reasonable value of the services
rendered and less than sufficient to meet the minimum cost
of living necessary for health.

"A fair wage", a wage fairly and reasonably commensu-
rate with the value of the service or class of service rendered.
In establishing a minimum fair wage for any service or class
of service under this chapter the commission and the wage
board without being bound by any technical rules of evi-
dence or procedure (1) may take into account all relevant

Acts, 1936. — Chap. 430. 553

circumstances affecting the value of the service or class of
service rendered, (2) may be guided by like considerations
as would guide a court in a suit for the reasonable value of
services rendered where services are rendered at the request
of an employer without contract as to the amount of the
wage to be paid, (3) may consider the wages paid in the
commonwealth for work of like or comparable character
by employers who voluntarily maintain minimum fair wage
standards, and (4) may consider the wages necessary to
conserve and maintain the health of female employees and
minors.

"A directory order", an order the non-observance of
which may be published as provided in section twelve.

"A mandatory order", an order the violation of which
shall be subject to the penalties prescribed in paragraph (2)
of section twenty-two.

"Women and minors" may mean "women or minors".

Section 2. Said chapter one hundred and fifty-one, as g. l. (Ter.
so appearing, is hereby further amended by striking out f l/^tct^'
section two and inserting in place thereof the following : — amended.
Section 2. The employment of women and minors in trade Certain em-
and industry in this commonwealth at wages unreasonably deck?ld\o
low and not fairly commensurate with the value of the be against
services rendered is a matter of grave and vital public con- ^" *" ^° ^°^'
cern. Such employees on account of the low wages received
are unable to support and maintain themselves in health
and are unable to secure a fair wage, and are compelled to
accept oppressive and unreasonable wages. The payment
of such wages to them has seriously impaired their health;
lowered their morals; compelled the contribution to them
of large sums of public funds in order to enable them to ex-
ist and to arrest further undermining of their health and to
prevent a diminution in the health and morals of others
similarly situated; the stability of industry is threatened
and general unrest created among such employees to such
an extent that a serious public emergency exists requiring
immediate legislation if peace and tranquility is to be main-
tained, the health and morals of female employees and
minors is to be conserved and protected, and the deteriora-
tion of the future race is to be prevented. It is hereby
declared to be against public policy for any employer to em-
ploy any woman or minor in an occupation in this common-
wealth at an oppressive and unreasonable wage as defined
in section one and any contract, agreement or understand-
ing for or in relation to such employment shall be null and
void.

Section 3. Section three of said chapter one hundred EdViJr'
and fifty-one, as so appearing, is hereby amended by strik- § s', etc.. '
ing out, in the first line, the words "commissioner or any of p^^.gr^of
his" and inserting in place thereof the words: — commission commission.
or any of its.

Section 4. Said chapter one hundred and fifty-one, as g. l. (Ter.
so appearing, is hereby further amended by striking out f l.^^tl^,^'

amended.

554

Acts, 1936. — Chap. 430.

Investigations.

G. L. (Ter.
Ed.). 151,
§ 7, etc.,
amended.

Evidence to
be furnished
to wage
boards.

G. L. (Ter.
Ed.), 151,
§ 10, etc.,
amended.

Fair wage
rates to be
determined.

section four and inserting in place thereof the following: —
Section 4- The commission shall have the power, and it
shall be the duty of the commission on the petition of fifty
or more residents of the commonwealth, to cause an investi-
gation to be made by any of its authorized representatives,
of the wages being paid to women or minors in any occupa-
tion to ascertain whether any substantial number of women
or minors in such occupation are receiving oppressive and
unreasonable wages as defined in section one. If, on the
basis of information in the possession of the commission, with
or without a special investigation, said commission is of the
opinion that any substantial number of women or minors in
any occupation or occupations are receiving oppressive and
unreasonable wages, as defined as aforesaid, it shall appoint
a wage board to report upon the establishment of minimum
fair wage rates for such women or minors in such occupation
or occupations.

Section 5. Said chapter one hundred and fifty-one, as so
appearing, is hereby further amended by striking out section
seven and inserting in place thereof the following: — Section
7. The commission shall present to a wage board promptly
upon its organization all the evidence and information in
its possession relating to the wages of women and minor
workers in the occupation or occupations for which the wage
board was appointed and all other information which the
commission deems relevant to the establishment of a mini-
mum fair wage for such women and minors, and shall cause
to be brought before the wage board any witnesses whom
the commission deems material. A wage board may summon
other witnesses or call upon the commission to furnish addi-
tional information to aid in its deliberation.

Section 6. Said chapter one hundred and fifty-one, as so
appearing, is hereby further amended by striking out section
ten and inserting in place thereof the following : — Section
10. Within ten days after such hearing the commission shall
approve or disapprove the report of the wage board. If the
report is disapproved the commission may resubmit the
matter to the same wage board or to a new wage board. If
the report is approved the commission shall make a directory
order which shall define minimum fair wage rates in the
occupation or occupations as recommended in the report of
the wage board and which shall include such proposed
administrative regulations as the commission may deem
appropriate to implement the report of the wage board and
to safeguard the minimum fair wage standards established.
Such administrative regulations may include among other
things, regulations defining and governing learners and
apprentices, their rates, number, proportion or length of
service, piece rates or their relation to time rates, overtime
or part-time rates, bonuses or special pay for special or extra
work, deductions for board, lodging, apparel or other items
or services supplied by the employer, and other special con-
ditions or circumstances; and in view of the diversities and

Acts, 1936. — Chap. 430. 555

complexities of different occupations and the dangers of
evasion and nullification, the commission may provide in
such regulations without departing from the basic minimum
rates recommended by the wage board such modifications or
reductions of or addition to such rates in or for such special
cases or classes as those herein enumerated as the commission
may find appropriate to safeguard the basic minimum rates
established.

Section 7. Said chapter one hundred and fifty-one, as g. l. (Ter.
so appearing, is hereby further amended by striking out f ti' et^c!,'
section twelve and inserting in place thereof the following: — amended.
Section 12. If the commission or any of its authorized Publication
representatives has reason to believe that any employer is ° " "*^^"
not observing the provisions of any order made by said
commission under section ten, the commission may, on
fifteen days' notice, summon such employer to appear before
it to show cause why the name of such employer should not
be published as having failed to observe the provisions of
such order. After such hearing and the finding by the com-
mission of non-observance, the commission may cause to be
published in a newspaper or newspapers circulating within
this commonwealth or in such other manner as said commis-
sion may deem appropriate, the name of any such employer
or employers as having failed in the respects stated to observe
the provisions of the directory order. Neither the commission
nor any of its authorized representatives, nor any newspaper
publisher, proprietor, editor, nor employee thereof shall be
liable to an action for damages for publishing the name of any
employer as provided for in this chapter, unless guilty of
some wilful misrepresentation.

Section 8. Said chapter one hundred and fifty-one, as g. l. (Xer.
so appearing, is hereby further amended by striking out f'^'s'et^c^'
section thirteen, as amended by chapter one hundred and amended.'
seventy-five of the acts of the current year, and inserting
in place thereof the following: — Section 13. If at any time orders to be
after a directory minimum fair wage order has been in effect "hen^*^""^^'
for nine months the commission is of the opinion that the
persistent non-observance of such order by one or more em-
ployers is a threat to the maintenance of fair minimum
wage standards in any occupation, it may give notice of its
intention to make such order mandatory and after such
notice to all persons interested as it may direct, it shall
hold a public hearing, not less than fifteen nor more than
thirty days after such notice, at which hearing all persons
in favor of or opposed to such a mandatory order may be
heard by it. After such hearing the commission, if it ad-
heres to its opinion, may make such directory order or any
part thereof mandatory and so publish it.

Section 9. Said chapter one hundred and fifty-one, as g. l. (Ter.
so appearing, is hereby further amended by striking out f u^; etl:^;
section fourteen and inserting in place thereof the follow- amended.'
ing: — Section I4. At any time after a minimum fair wage Revision of
order has been in effect for one year or more, whether dur- ^^^^ orders.

556

Acts, 1936. — Chap. 430.

G. L. (Ter.
Ed.), 151,
§ 15, etc.,
amended.

Modification
of orders, etc.

G. L. (Ter.
Ed.), 151,
§ 16, etc.,
amended.
Appeal.

G. L. (Ter.
Ed.), 151,
§ 17. etc.,
amended.
Hearings.

G. L. (Ter.
Ed.), 151.
J 20. etc..
amended.
Costs.

G. L. (Ter.
Ed.). 151.
§ 21, etc.,
amended.

ing such period it has been directory or mandatory, the com-
mission may on its own motion and shall on petition of fifty
or more residents of the commonwealth reconsider the mini-
mum fair wage rates set therein and reconvene the same
wage board or appoint a new wage board to recommend
whether or not the rate or rates contained in such order
should be modified. The report of such wage board shall be
dealt with in the manner prescribed in sections nine and
ten; provided, that if the order under reconsideration has
theretofore been made mandatory in whole or in part by
the commission under section thirteen, then the commission
in making any new order or .confirming any old order shall
have power to declare to what extent such order shall be
directory and to what extent mandatory.

Section 10. Said chapter one hundred and fifty-one, as
so appearing, is hereby further amended by striking out
section fifteen and inserting in place thereof the following:
— Section 15. If the commission at any time deems it ex-
pedient to modify or to add to any administrative regula-
tions included in any directory or mandatory order, pro-
vided such modifications or additions could legally have been
included in the original order, then the commission shall give
public notice in such manner as it may determine of a pub-
he hearing to be held by the commission not less than fifteen
days after such notice is given, at which all persons in favor
of or opposed to such proposed modifications or additions
may be heard. After such hearing the commission may
make an order putting into effect such proposed modifica-
tions of or additions to the administrative regulations as it
deems appropriate, and if the order of which the adminis-
trative regulations form a part has therefore been made
mandatory in whole or in part by the commission under
section thirteen, then the commission in making any new
order shall have the power to declare to what extent such
order shall be directory and to what extent mandatory.

Section 11. Section sixteen of said chapter one hundred
and fifty-one, as so appearing, is hereby amended by striking
out, in the second line, the word "commissioner" and in-
serting in place thereof the word : — commission.

Section 12. Section seventeen of said chapter one hun-
dred and fifty-one, as so appearing, is hereby amended by
striking out, in the sixth and ninth lines, the word "com-
missioner" and inserting in place thereof, in each instance,
the word : — commission.

Section 13. Section twenty of said chapter one hun-
dred and fifty-one, as so appearing, is hereby amended by
striking out, in the first and second lines, the word "com-
missioner" and inserting in place thereof, the word: —
commission, — and by striking out, in the second line, the
word "he" and inserting in place thereof the word: — it.

Section 14. Said chapter one hundred and fifty-one, as
so appearing, is hereby further amended by striking out
section twenty-one and inserting in place thereof the fol-

Acts, 1936. — Chap. 430. 557

lowing: — Section 21, Every employer of women and minor Employers to
workers shall keep a true and accurate record of the hours ^^^^ '^®°°'^ ^'
worked by each and the wages paid by him to each and shall
furnish to the commission or any of its authorized repre-
sentatives upon demand a sworn statement of the same.
Such records shall be open to inspection by the commission
or any of its authorized representatives at any reasonable
time. Every employer subject to a minimum fair wage
order whether directory or mandatory shall keep a copy of
such order posted in a conspicuous place in every room in
which women or minors are employed. Employers shall be
furnished copies of orders on request without charge.

Section 15. Said chapter one hundred and fifty-one, as g. l. (Ter.
so appearing, is hereby further amended by striking out sec- ^\l'^ l^^\
tion twenty-two and inserting in place thereof the follow- amended,
ing: — Section 22. (1) Any employer and his agent, or the Discrimination

fY-* I I* i * 11*1 • pronibiteu..

oincer or agent oi any corporation, who discharges or in any
other manner discriminates against any employee because ^"* ^'
such employee has served or is about to serve on a wage
board or has testified or is about to testify before any wage
board or in any other investigation or proceeding under or
related to this chapter or because such employer believes
that said employee may serve on any wage board or may
testify before any wage board or in any investigation or pro-
ceeding under this chapter shall be punished by a fine of not
less than fifty nor more than two hundred dollars.

(2) Any employer or the officer or agent of any corpora-
tion who pays or agrees to pay to any woman or minor
employee less than the rates applicable to such woman or
minor under a mandatory minimum fair wage order shall be
punished by a fine of not less than fifty nor more than two
hundred dollars or by imprisonment for not less than ten nor
more than ninety days, or by both such fine and imprison-
ment, and each week in any day of which such employee is
paid less than the rate applicable to him under a manda-
tory minimum fair wage order and each employee so paid
less shall constitute a separate offence.

(3) Any employer or the officer or agent of any corpora-
tion who fails to keep the records required under this chap-
ter or to furnish such records to the commission or any of
its authorized representatives upon request shall be pun-
ished by a fine of not less than twenty-five nor more than one
hundred dollars, and each day of such failure to keep the
records requested under this chapter or to furnish the same
to the commission or any of its authorized representatives
shall constitute a separate offence.

Section 16. Section twenty-three of said chapter one g. l. (Ter.
hundred and fifty-one, as so appearing, is hereby further f 23.'e\a,'
amended by striking out, in the twelfth line, the word amended,
"commissioner" and inserting in place thereof the word: — ^f^^wa^es^
commission.

Section 17. Said chapter one hundred and fifty-one, as g. l. (Ter.
so appearing, is hereby further amended by striking out f 24,'it^cl'

amended.

558

Acts, 1936. — Chap. 431,

Annual
report.

Certain
present state
employees
to continue
in office.

Department
of labor and
industries
to furnish
information.

Existing
decrees, etc.,
not affected.

EEFeot
of act.

Unconstitu-
tional pro-
visions, effect
of.

section twenty-four and inserting in place thereof the fol-
lowing:— Section 24. The commission shall make an an-
nual report of the acts of the commission in performing the
duties required by this chapter.

Section 18. The minimum wage commission, established
by this act, may employ such assistance as it may deem
necessary for the performance of its duties, but investiga-
tors, clerks, stenographers and all other employees who
immediately prior to the effective date of this act are in the
minimum wage service shall continue their employment
under the supervision and control of the minimum wage
commission so established, and all appropriations heretofore
made or hereafter made during the current year for the
minimum wage service, including the establishment and
expenses of wage boards, shall be expended under the direc-
tion and control of the said minimum wage commission.

Section 19, The department of labor and industries
shall, at the request of the said minimum wage commission,
turn over all information in its possession relating to any
matter then under consideration or investigation by the
said minimum wage commission, and shall aid, assist and
co-operate to its fullest extent with the said minimum wage
commission in the performance of its duties.

Section 20. Nothing contained in this act shall be con-
strued to abrogate or invalidate any proceedings begun, or
to alter or modify the effect of any decree or order made,
prior to its effective date under the provisions of chapter
one hundred and fifty-one of the General Laws as in effect
prior to said date and the said minimum wage commission
shall in its own name enforce all such decrees and orders to
the same extent and in the same manner as if they had been
made by said commission in accordance with the provisions
of said chapter one hundred and fifty-one, as amended by
this act.

Section 21. Those portions of chapter one hundred and
fifty-one of the General Laws, as so appearing, which are
not mentioned in this act are hereby affirmed and declared
to have been enacted for the purposes more fully set forth
in section two of this act.

Section 22. If any provision of this act which is not
separable is held unconstitutional or determined to be in-
valid, the provisions of chapter one hundred and fifty-one
of the General Laws, as in effect immediately prior to the
effective date of chapter three hundred and eight of the acts
of nineteen hundred and thirty-four, shall thereupon be re-
vived and become operative. Approved June 25, 1936.

ChapASl An Act transferring a portion of the proceeds of the

GASOLINE TAX FROM THE HIGHWAY FUND TO THE GENERAL
FUND.

Emergency
preamble.

Whereas, The deferred operation of this act would tend
to defeat its purpose, therefore it is hereby declared to be an

Acts, 1936. — Chap. 432. 559

emergency law, necessary for the immediate preservation of
the public convenience.

Be it enacted, etc., as follows:

The state treasurer is hereby authorized and directed to
transfer the sum of three million six hundred and fifty thou-
sand dollars from the Highway Fund to the General Fund.

Approved June 25, 1936.

An Act in addition to the general appropriation act QJidij 432

MAKING appropriations TO SUPPLEMENT CERTAIN ITEMS
CONTAINED THEREIN, AND FOR CERTAIN NEW ACTIVITIES
AND PROJECTS.

Be it enacted, etc., as follows:

Section 1. To provide for supplementing certain items suppiemen-
in the general appropriation act, and for certain new activi- p^atiM^Ict.
ties and projects, the sums set forth in section two, for the
particular purposes and subject to the conditions stated
therein, are hereby appropriated from the general fund or
ordinary revenue of the commonwealth, unless some other
source of revenue is expressed, subject to the provisions of
law regulating the disbursement of public funds and the
approval thereof.

Section 2,

Service of the Legislative Department.

Item

7 For such additional clerical assistance to, and with

the approval of, the clerk of the house of repre-
sentatives, as may be necessary for the proper
despatch of public business, a sum not exceeding
three hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $300 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
business, a sum not exceeding seven hundred and
eighty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 780 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 one hundred eighty-nine dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 189 00

18 For personal services of the counsel to the senate and

assistants, a sum not exceeding five hundred dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 500 00

19 For personal services of the counsel to the house of

representatives and assistants, a sum not exceeding
twenty-five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 2,500 00

20 For clerical and other assistance of the senate com-

mittee on rules, a sum not exceeding five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 600 00

560 Acts, 1936. — Chap. 432.

Item

23 For printing, binding and paper ordered by the

senate and house of representatives, or by con-
current order of the two branches, with the ap-
proval of the clerks of the respective branches, a
sum not exceeding five thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $5,000 00

24 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 twenty-seven hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose , 2,700 00

32 For telephone service, a sum not exceeding four

thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 4,000 00

33 For indexing the special laws of the commonwealth,

under the direction of the senate and house coun-
sel, as authorized by chapter five of the resolves
of nineteen hundred and thirty-five, a sum not
exceeding three thousand dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose 3,000 00

33a For personal services of the special commission
established under chapter fifty-eight of the re-
solves of nineteen hundred and thirty-five, a sum
not exceeding four hundred and fifty-five dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . 455 00

33b For certain expenses in connection with the inter-
state legislative assembly and the commission on
conflicting taxation to be expended in accordance
with the provisions of chapter twelve of the re-
solves of nineteen hundred and thirty-five, a sum
not exceeding one thousand dollars . . . 1,000 00

Total $20,924 00

Service of the Judicial Department.
Reporter of Decisions:
43 For clerk hire and office supplies, services and equip-
ment, a sum not exceeding one hundred and
eighty-five dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $185 00

Superior Court:

46 For traveling allowances and expenses, a sum not
exceeding one thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,000 00

48 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 three hundred and fifty dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 350 00

Board of Probation:
89 For services other than personal, including printing
the annual report, traveling expenses, rent, office
supplies and equipment, a sum not exceeding

Acts, 1936. — Chap. 432. 561

Item

fourteen hundred and fifty dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... $1,450 00

Total $2,985 00

Service of the Executive Department.

95 (This item omitted.)

96 (This item omitted.)
98 (This item omitted.)

101a (This item omitted.)

Service of the Adjutant General.

105 (This item omitted.)

106 (This item omitted.)

107 (This item omitted.)

Service of the Militia.

108 (This item omitted.)

111 For pay and transportation of certain boards, a

sum not exceeding five hundred dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... $500 00

112 (This item omitted.)

113 (This item omitted.)

114 (This item omitted.)

115 (This item omitted.)

117 (This item omitted.)

118 For compensation, transportation and expenses in

the preparation for camp duty maneuvers, a sum
not exceeding seventy-four hundred ninety-seven
dollars and seventy-five cents, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 7,497 75

120 (This item omitted.)

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

ceeding forty dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 40 00

125 (This item omitted.)

Total • . $8,037 75

Service of the State Quartermaster.

132 For personal services of the state quartermaster,
superintendent of arsenal and certain other em-
ployees of the state quartermaster, a sum not ex-
ceeding one hundred and fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose . . . . . $150 00

138 For the maintenance of armories of the first class,
including the purchase of certain furniture, a sum
not exceeding forty-two thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 42,000 00

Total $42,150 00

Service of the Commission on Administration and Finance.

147 For personal services of assistants and employees, a
sum not exceeding seven hundred and fifty doUars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . $750 00

562 Acts, 1936. — Chap. 432.

Service of the Covimissioner of Stale Aid and Pensions.
Item

153 For personal services of the commissioner and

deputies, a sum not exceeding two hundred and
ten dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $210 00

154 For personal services of agents, clerks, stenographers

and other assistants, a sum not exceeding ninety
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 90 00

Total $300 00

For Expenses on Account of Wars.

157a For completing the work of procuring copies of
records of Massachusetts troops in the War of
1812, a sum not exceeding six hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . $600 00

157b For expenses of the Grand Army of the Eepublic,
Department of INlassachusetts, as authorized by
chapter twenty-four of the resolves of the current
year, a sum not exceeding one thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 1,000 00

Total $1,600 00

Service of the Massachusetts Soldiers' Home.

158 For the maintenance of the Soldiers' Home in
Massachusetts, with the approval of the trustees
thereof, a sum not exceeding fifteen hundred dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,500 00

Service of the State Planning Board.

167 For personal services of chief engineer and other
assistants, a sum not exceeding four thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $4,000 00

167a For services other than personal, traveling expenses,
office supplies and equipment, a sum not exceeding
one thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose, provided, that there may be expended
out of this item funds for expenses of interstate
compact committees and for co-operation with
the Federal government upon various works
projects 1,000 00

Total $5,000 00

Service of the Superintendent of Buildings.

172 For personal services of the superintendent and
office assistants, a sum not exceeding sixty dol-
lars, the same to be in addition to any amount here-
tofore appropriated for the purpose . . . $60 00

176 For other personal services incidental to the care
and maintenance of the state house, a sum not
exceeding twenty-two hundred and forty dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 2,240 00

Acts, 1936. — Chap. 432. 563

Item

181 For other services, supplies and equipment neces-
sary for the maintenance and care of the state
house and grounds, including repairs of furniture
and equipment, a sum not exceeding two thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $2,000 00

Total $4,300 00

Service of the State Racing Commission.

185 For the administrative expenses of the state racing
commission, including salaries of the commis-
sioners and their employees, and for all contingent
expenses, including rent of offices, travel, and of-
fice and incidental expenses, a sum not exceeding
twenty-eight thousand three hundred and twenty
dollars, which shall be payable from fees collected
under chapter one hundred and twenty-eight A
of the General Laws, as amended, and which shall
be in addition to any amount heretofore appro-
priated for the purpose $28,320 00

Service of the Secretary of the Commonwealth.

199a For compiling, printing and distributing the laws of
the commonwealth relative to veterans, as au-
thorized by chapter twenty-five of the resolves of
the current year, a sum not exceeding six hundred
and fifty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $650 00

For matters relating to elections:

200 For personal and other services in preparing for
primary elections, and for the expenses of pre-
paring, printing and distributing ballots for
primary and other elections, a sum not exceeding
forty thousand dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 40,000 00

204 For administering the law to permit absent voters to
vote at state elections, a sum not exceeding two
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 2,000 00

Total $42,650 00

Service of the Treasurer and Receiver-General.

208 For salaries of officers and employees holding posi-

tions established by law and additional clerical
and other assistance, a sum not exceeding seven
hundred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $700 00

209 (This item omitted.)

Commissioners on Firemen's Relief:

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

missioners on firemen's relief, subject to the pro-
visions of law, a sum not exceeding twenty-five
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose , 2,500 00

564 Acts, 1936. — Chap. 432.

Item

Payments to Soldiers:

213 For making payments to soldiers in recognition of
service during the world war, as provided by law,
a sum not exceeding six thousand dollars, to be
paid from receipts from taxes levied as specified
in item two hundred and twelve of the general
appropriation act of the current year, and to be in
addition to any amount heretofore appropriated
for the purpose $6,000 00

State Board of Retirement:

215 For personal services in the administrative office of

the state board of retirement, a sum not exceed-
ing thirty dollars, the same to be in addition to
any amount heretofore appropriated for the
purpose ........ 30 00

216 For services other than personal, printing the annual

report, and for office supplies and equipment, a
sum not exceeding five hundred dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 500 00

Board of Tax Appeals:
218 For personal services of the members of the board
and employees, a sum not exceeding forty-four
hundred and fifty dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose ....... 4,450 00

Total S14,180 00

Interest on the Public Debt.

223 For the payment of interest on the direct debt of the
commonwealth, a sum not exceeding thirty-one
thousand two hundred thirty-six dollars and
eleven cents, to be paid from the Highway Fund
and to be in addition to any amount heretofore
appropriated for the purpose .... $31,236 11

Service of the Auditor of the Commonwealth.

225 For personal services of deputies and other assistants,

a sum not exceeding one thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $1,000 00

226 For services other than personal, traveling expenses,

office supphes and equipment, a sum not exceeding
two hundred and fifty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 250 00

Total $1,250 00

Service of the Attorney General's Department.

231 For the settlement of certain claims, as provided by
law, on account of damages by cars owned by the
commonwealth and operated by state employees,
a sum not exceeding seventy-five hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . $7,500 00

Service of the Department of Agriculture.

233 For personal services of clerks and stenographers, a
sum not exceeding nine hundred dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $900 00

Acts, 1936. — Chap. 432. 565

Item

234 (This item omitted.)

235 For services other than personal, printing the annual

report, office supplies and equipment, and printing
and furnishing trespass posters, a sum not exceed-
ing one thousand dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose $1,000 00

237 (This item omitted.)

Division of Dairying and Animal Husbandry:

238 For personal services, a sum not exceeding sixteen

hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,600 00
240 For administering the law relative to the inspection
of barns and dairies by the department of agri-
culture, a sum not exceeding twelve hundred and
ninety-one dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 1,291 00

Division of Markets:

244 For personal services, a sum not exceeding sixty-five

hundred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 6,500 00

245 For other expenses, a sum not exceeding nine hun-

dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 900 00

245a For investigation and study with a view to increas-
ing the sale and consumption of apples, as author-
ized by chapter nineteen of the resolves of the
current year, a sum not exceeding five hundred
dollars 500 00

Division of Reclamation, Soil Survey and Fairs:

246 For personal services, a sum not exceeding fifteen

hundred and forty-three dollars, the same to be
in addition to any amount heretofore appro-
priated for the purpose ..... 1,543 00

247 For travel and other expenses, a sum not exceeding

twenty-nine hundred and fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 2,950 00

Milk Control Board:
249 For administrative expenses of the milk control
board, including compensation and salaries of the
members of the board and their employees, and
for all contingent expenses, including rent of
offices, travel, office and incidental expenses, a
sum not exceeding five thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 5,000 00

Division of Livestock Disease Control :
255 For reimbursement of owners of horses killed during
the present and previous years, travel, when
allowed, of inspectors of animals, incidental ex-
penses of killing and burial, quarantine and
emergency services, and for laboratory and vet^
erinary supplies and equipment, a sum not ex-
ceeding two hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 200 00

Total $22,384 00

566 Acts, 1936. — Chap. 432.

Service of the Department of Conservation.

Item

Division of Forestry:

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
amended, a sum not exceeding ten thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for this purpose, and any
unexpended balance remaining at the end of the
current fiscal year may be used in the succeeding
year $10,000 00

Division of Parks:
278 For other expenses, a sum not exceeding five hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 600 00

Salisbury Beach Reservation:

280 For the maintenance of Salisbury beach reservation,

a sum not exceeding fifteen hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose and to be assessed
upon the cities and towns of the commonwealth,
exclusive of those comprising 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 1,500 00

Investigations:
280a For expenses of sundry investigations required by
certain resolves of the current year, a sum not
exceeding one thousand dollars .... 1,000 00

Division of Fisheries and Game:

281 For the salary of the director, a sum not exceeding

one hundred seventy-one dollars and forty cents,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 171 40

282 (This item omitted.)

Enforcement of laws:
285 For personal services of fish and game wardens, a
sum not exceeding fourteen hundred and forty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,440 00

Propagation of game birds, etc. :
A transfer in the sum of ten thousand dollars is
hereby made from Item 289a of chapter three
hundred and four of the acts of the current year,
and said sum is hereby added to Item 289 of said
chapter.

Supervision of public fishing and hunting grounds:
A transfer in the sum of two hundred dollars is
hereby made from Item 291 of chapter three hun-
dred and four of the acts of the current year, and
said sum is hereby added to Item 292 of said
chapter.

Acts, 1936. — Chap. 432. 567

Item

Protection of wild life:
295 For expenses incurred in the protection of certain

wild life, a sum not exceeding two hundred and

seventy-five dollars, the same to be in addition to

any amount heretofore appropriated for the

purpose ........ $275 00

Enforcement of shellfish and other marine fishery
laws:

298 For personal services for the administration and

enforcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding three hun-
dred and ninety dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 390 00

299 For other expenses for the administration and en-

forcement of laws relative to shellfish and other
marine fisheries, a sum not exceeding one thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,000 00

Total $16,276 40

Service of the Deparlnient of Banking and Insurance.

Division of Banks:
304 For services of deputy, directors, examiners and as-
sistants, clerks, stenographers and experts, 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

Supervisor of Loan Agencies:
306 For personal services of supervisor and assistants, a
sum not exceeding seventy dollars, the same to be
in addition to any amount heretofore appropri-
ated for the purpose ..... 70 00

Division of Insurance:

309 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 ten thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 10,000 00

310 For other services, including printing the annual

report, traveling expenses, necessary office sup-
plies and equipment, and rent of offices, a sum
not exceeding five thousand dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... 5,000 00

Board of Appeal on Fire Insurance Rates :

311 For expenses of the board, a sum not exceeding four

hundred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 400 00

Division of Savings Bank Life Insurance:

312 For personal services of officers and employees, a

sum not exceeding thirty-five hundred and sixty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 3,560 00

568 Acts, 1936. — Chap. 432.

Item

313 For services other than personal, printing the annual
report, traveling expenses, rent, publicity and
equipment, a sum not exceeding thirteen hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,300 00

Total $27,830 00

Service of the Department of Corporations and Taxation.

Corporations and Tax Divisions:

315 For the salaries of certain positions filled by the com-

missioner, with the approval of the governor and
council, and for additional clerical and other
assistance, a sum not exceeding thirty-three hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $3,300 00

316 For other services, necessary office supplies and

equipment, travel, and for printing the annual
report, other publications and valuation books,
a sum not exceeding fifteen hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 1,500 00

Income Tax Division:

317 (This item omitted.)

318 (This item omitted.)

Division of Accounts:

319 For personal services, a sum not exceeding thirteen

hundred and twenty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 1,320 00

322 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 thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,000 00

323 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 one thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1 ,000 00

Reimbursement for loss of taxes :

324 For reimbursing cities and towns for loss of taxes on

land used for state institutions and certain other
state activities, as certified by the commissioner of
corporations and taxation for the fiscal year
ending November thirtieth, nineteen hundred and
thirty-six, a sum not exceeding thirty-three hun-
dred and thirty-eight dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 3,338 00

Total $11,458 00

Service of the Department of Education.

326 (This item omitted.)

328 For services other than personal, necessary office
supplies, and for printing the annual report and
bulletins as provided by law, a sum not exceeding
one thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $1,000 00

Acts, 1936. — Chap. 432. 569

Item

329 For printing and distributing certain bulletins, a sum

not exceeding two thousand dollars . $2,000 00

331 For printing school registers and other school blanks
for cities and towns, a sum not exceeding six hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 600 00

342 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 exceed-
ing fifteen hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,500 00

English-speaking Classes for Adults:

343 For personal services of administration, a sum not

exceeding fifty dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 50 00

University Extension Courses:
346 For personal services, a sum not exceeding sixty-five
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 6,500 00

Division of Immigration and Americanization:
348 (This item omitted.)

Division of Public Libraries:

351 For other services, including printing the annual

report, traveling expenses, necessary office sup-
plies and expenses incidental to the aiding of pub-
lic libraries, a sum not exceeding one thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,000 00

352 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 one thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1 ,000 00

Division of the Blind:

354 For maintenance of Woolson House industries, so
called, to be expended under the authority of said
division, a sum not exceeding eight thousand dol-
lars, the same to be in addition to any amount here-
tofore appropriated for the purpose . . . 8,000 00

356 For instruction of the adult blind in their homes, a
sum not exceeding fifteen hundred doUars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 1,500 00

Teachers' Retirement Board:
360 For personal services of employees, a sum not ex-
ceeding two hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 200 00

For the maintenance of and for certain improve-
ments at the state teachers' colleges, with the
approval of the commissioner of education, and
to be in addition to any amount heretofore
appropriated for the purpose, as follows:
368 State teachers' college at Bridgewater, a sum not

exceeding eight hundred and seventy-five dollars 875 00

371 State teachers' college at Fitchburg, a sum not

exceeding nineteen hundred dollars . . . 1,900 00

570 Acts, 1936. — Chap. 432.

Item

374a For the construction of a driveway at the state
teachers' college at Fitchburg, a sum not exceed-
ing thirty-three hundred dollars . . . $3,300 00

375 State teachers' college at Framingham, a sum not

exceeding five hundred dollars .... 500 00

383 State teachers' college at Salem, a sum not exceed-

ing eleven hundred and ninety-eight dollars . 1,198 00

384 State teachers' college at Westfield, a sum not ex-

ceeding one hundred dollars .... 100 00

Textile Schools:
390 For the maintenance of the Lowell textile institute,
with the approval of the commissioner of educa-
tion and the trustees, a sum not exceeding two
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 2,000 00

Massachusetts State College:
392 For maintenance and current expenses of the Mas-
sachusetts state college, with the approval of the
trustees, a sum not exceeding three thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 3,000 00

Total $36,223 00

Service of the Department of Civil Service and Registration.

Administration :
400 For personal services of telephone operator of the
department and for service of telephone tolls, a
sum not exceeding three hundred dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $300 00

Division of Civil Service:

402 For other temporary personal services of the divi-

sion, a sum not exceeding eighteen thousand
three hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 18,300 00

403 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 two thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 2,000 00

Division of Registration :
405 For clerical and certain other personal services of
the division, a sum not exceeding fifteen hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,500 00

Board of Registration in Pharmacy:
414 (This item omitted.)

Board of Registration of Hairdressers:

433 For personal services of the members of the board

and assistants, a sum not exceeding sixty-six hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 6,600 00

434 For travel and other necessary expenses, including

rent, a sum not exceeding fifteen hundred dollars,
the same to be in addition to any amount here-
tofore appropriated for the purpose . . . 1,500 00

Total $30,200 00

Acts, 1936. — Chap. 432. 571

Service of the Department of Industrial Accidents.
Item

436 For personal services of secretaries, medical adviser,
inspectors, clerks and office assistants, a sum not
exceeding nineteen hundred and twenty dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . $1,920 00

439 For traveling expenses, a sum not exceeding two

hundred and fifty dollars, the same to be in ad-
dition to any amount heretofore appropriated for
the purpose ....... 250 00

440 For other services, printing the annual report, neces-

sary office supplies and equipment, a sum not ex-
ceeding ten hundred and eighty dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 1,080 00

Total $3,250 00

Service of the Department of Labor and Industries.

443 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
twenty-three hundred dollars, the same to be in
addition to any amount heretofore appropriated

for the purpose $2,300 00

443a For the cost of investigating the employment of
minors, as authorized by chapter twenty-eight
of the resolves of the current year, a sum not ex-
ceeding one thousand dollars .... 1,000 00

444 For personal services for the division of occupa-

tional hygiene, a sum not exceeding eighty dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . 80 00

445 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 two hundred and sixty dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . 260 00

446 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 three thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 3,000 00

447 For personal services for the division on the necessa-

ries of life, a sum not exceeding three hundred and
eighty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose 380 00

448 For services other than personal, traveling expenses,

office supplies and equipment for the division on
the necessaries of life, a sum not exceeding one
hundred and fifty dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose ....... 150 00

•449 For clerical and other assistance for the board of
conciliation and arbitration, a sum not exceeding
eighteen hundred and sixty dollars, the same to be

572 Acts, 1936. — Chap. 432.

Item

in addition to any amount heretofore appropri-
ated for the purpose ..... $1,860 00

450 For other services, printing, traveling expenses and
office supplies and equipment for the board of con-
ciliation and arbitration, a sum not exceeding five
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose 500 00

452 (This item omitted.)

453 (This item omitted.)

455 For other services, printing, traveling expenses and

office supplies and equipment for the division of
standards, a sum not exceeding twelve hundred
and fifty-three dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 1,253 00

456 (This item omitted.)

Total $10,783 00

Service of the Department of Mental Diseases.

460 For personal services of officers and employees, a
sum not exceeding forty-seven hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $4,700 00

463 For other services, including printing the annual

report, traveling expenses and office supplies and
equipment, a sum not exceeding one thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,000 00

464 (This item omitted.)

465 (This item omitted.)

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Mental Diseases,
to be in addition to any amount heretofore
appropriated for the purpose, as follows:

466 Boston psychopathic hospital, a sum not exceeding

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

467 Boston state hospital, a sum not exceeding thirteen

thousand eight hundred dollars .... 13,800 00

469 For the cost of materials for use in connection with

Works Progress Administration projects at the
Boston state hospital, a sum not exceeding ten
thousand dollars 10,000 00

470 Danvers state hospital, a sum not exceeding eight

thousand dollars 8,000 00

473 Foxborough state hospital, a sum not exceeding

sixty-three hundred dollars .... 6,300 00

475 Gardner state hospital, a sum not exceeding'fifty-five

hundred dollars 5,500 00

477 Grafton state hospital, a sum not exceeding forty-
eight hundred dollars . . ... 4,800 00
479 Medfield state hospital, a sum not exceeding nine

thousand dollars 9,000 00

482 Metropolitan state hospital, a sum not exceeding

twelve thousand six hundred and fifty dollars 12,650 00

485 Northampton state hospital, a sum not exceeding

seven thousand dollars ..... 7,000 00

Item 486a of chapter three hundred and four of the
acts of the current year, for certain improvements
at the Northampton state hospital, is hereby

Acts, 1936. — Chap. 432. 573

Item

amended by striking out all after the word "hos-
pital" and inserting in place thereof the follow-
ing, "a sum not exceeding two hundred seventy-
seven thousand five hundred dollars, of which
sum thirty-seven thousand five hundred dollars
shall be appropriated in nineteen hundred thirty-
seven for equipment, the same to be expended,
together with such additional sum as may be
authorized from federal sources upon the basis of
not less than thirty per cent federal grant, upon the
condition that said additional sum is made avail-
able therefor and the project is approved by the
Emergency Public Works Commission; and pro-
vided, further, that said commission is hereby
authorized to proceed with the awarding of con-
tracts for building construction upon the same
basis as though the entire amount had been appro-
priated in the current fiscal year".
The unexpended balance of the appropriation made
by Item 482 of chapter one hundred and fifteen
of the acts of nineteen hundred and thirty, for the
purchase of additional land for the Northampton
state hospital, and reappropriated by section three
of chapter one hundred and seventy of the acts of
nineteen hundi-ed and thirty-two and by section
three of chapter three hundred and eighty-four of
the acts of nineteen hundred and thirty-four is
hereby again reappropriated.

487 Taunton state hospital, a sum not exceeding seventy-
six hundred dollars $7,600 00

490 Westborough state hospital, a sum not exceeding
eleven thousand eight hundred and twenty-eight
dollars 11,828 00

493 Worcester state hospital, a sum not exceeding ninety-
one hundred and fifty dollars . . . . 9,150 00

496 Monson state hospital, a sum not exceeding sixteen

thousand dollars 16,000 00

499 Belchertown state school, a sum not exceeding fifty-
seven hundred and fifty dollars . . . 5,750 00

502 Walter E. Fernald state school, a sum not exceeding

fourteen thousand eight hundred dollars . . 14,800 00

606 Wrentham state school, a sum not exceeding sixty-
one hundred and twenty-five dollars . . . 6,125 00

Total $159,903 00

Service of the Department of Correction.

509 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 forty-two hundred dollars, the same to be
in addition to any amount heretofore appropri-
ated for the purpose $4,200 00

511 (This item omitted.)

Division of Classification of Prisoners:
515 For expenses of the division hereby authorized, a
sum not exceeding two thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose; provided, that the
persons employed hereunder shall not be subject
to civU service laws or the rules and regulations
made thereunder ...... 2,000 00

574

Acts, 1936. — Chap. 432.

Item

516

520

522
526

532

533

534
535

536

537

542

12,959 34
8,570 00
8,555 00

542,284 34

543

For the maintenance of the following institutions
under the control of the Department of Cor-
rection, to be in addition to any amount here-
tofore appropriated for the purpose:

State farm, a sum not exceeding six thousand dollars $6,000 00

A transfer is hereby made from Item 603 of chapter
three hundred and four of the acts of the current
year, for improvements in the water supply sys-
tem at the Westfield state sanatorium, in the sum
of seventy-five hundred dollars, the same to be
used for the transportation and other expenses
necessary for moving a certain water tank from
the Soldiers' Home in Massachusetts to the State
farm at Bridgewater and setting up and equipping
the same for water service.

State prison, a sum not exceeding twelve thousand
nine hundred fifty-nine dollars and thirty-four
cents .......

Massachusetts reformatory, a sum not exceeding
eighty-five hundred and seventy doUars

Reformatory for women, a sum not exceeding eighty
five hundred and fifty-five dollars

Total

Service of the Department of Public Welfare

Administration :

For personal services of officers and employees, a
sum not exceeding eighteen hundred and ninety
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,890 00

For services other than personal, printing the annual
report, traveling expenses, including expenses of
auxiliary visitors, office supplies and expenses, a
sum not exceeding six hundred and seventy-five
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 675 00

State Board of Housing:
(This item omitted.)
(This item omitted.)

Division of Aid and ReHef :

For personal services of officers and employees, a
sum not exceeding five thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 5,000 00

For services other than personal, including traveling
expenses and office supplies and equipment, a
sum not exceeding nine hundred dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 900 00

For temporary aid given to indigent persons with
no legal settlement, and to shipwrecked seamen
by cities and towns, and for the transportation of
indigent persons under the charge of the depart-
ment, a sum not exceeding one hundred thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 100,000 00

Old Age Assistance:
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

Acts, 1936. — Chap. 432. 575

Item

amended, a sum not exceeding five thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $5,000 00

544 (This item omitted.)

Division of Child Guardianship:

545 For personal services of officers and employees, a

sum not exceeding eighty-one hundred and eighty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 8,180 00

546 For services other than personal, office supplies and

equipment, a sum not exceeding three hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 300 00

548 For the care and maintenance of children, for the
present and previous years, a sum not exceeding
twenty-five thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 25,000 00

Division of Juvenile Training, Trustees of Massa-
chusetts Training Schools:
550 For services other than personal, including printing
the annual report, traveUng and other expenses of
the members of the board and employees, office
suppUes and equipment, a sum not exceeding two
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 200 00

Boys' Parole:
552 For services other than personal, including traveling
expenses of the agents and boys, and necessary
office supplies and equipment, a sum not exceed-
ing five hundred dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose ....... 500 00

Massachusetts Hospital School:

561 For the maintenance of the Massachusetts hospital

school, to be expended with the approval of the
trustees thereof, a sum not exceeding twenty-four
hundred and thirty dollars, the same to be in ad-
dition to any amount heretofore appropriated for
the purpose 2,430 00

State Infirmary:

562 For the maintenance of the state infirmary, to be

expended with the approval of the trustees thereof,
a sum not exceeding twenty-nine thousand three
hundred and forty dollars, the same to be in ad-
dition to any amount heretofore appropriated for
the purpose 29,340 00

Total . . . $179,415 00

Service of the Department of Public Health.

Administration :
565 For personal services of the health council and office
assistants, a sum not exceeding one thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,000 00

576 Acts, 1936. — Chap. 432.

Item

Service of Maternal and Child Hygiene:

571 For personal services for extending the activities of
the division in the protection of mothers and con-
servation of the welfare of cliildren, a sum not ex-
ceeding twenty-one hundi-ed and sixty dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $2,160 00

Venereal Diseases:
575 For personal services for the control of venereal dis-
eases, a sum not exceeding three hundred and
twenty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 320 00

Wassermann Laboratory:

577 For personal services of the Wassermann laboratory,

a sum not exceeding thirteen hundred and twenty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 1,320 00

578 For expenses of the Wassermann laboratory, a sum

not exceeding six hundred dollars, the same to be
in addition to any amount heretofore appropri-
ated for the purpose ..... 600 00

For the maintenance of the sanatoria, to be in ad-
dition to any amount heretofore appropriated
for the purpose, as follows:
592 Lakeville state sanatorium, a sum not exceeding two

thousand dollars 2,000 00

600 Rutland state sanatorium, a sum not exceeding one

thousand dollars 1,000 00

602 Westfield state sanatorium, a sum not exceeding

eighteen hundred dollars ..... 1,800 00

Pondville Hospital:
606 For maintenance of the Pondville hospital, including
care of radium, a sum not exceeding fifty-two him-
dred and twenty-five dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 5,225 00

The transfer in the sum of one thousand dollars is
hereby made from Item 606a of chapter three hun-
dred and four of the acts of the current year, and
said sum is hereby added to Item 606 of said chap-
ter three hundred and four.

Total $15,425 00

Service of the Department of Public Safety.

Administration:

610 For personal services of clerks and stenographers, a

sum not exceeding twenty-four hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . $2,400 00

611 For contingent expenses, including printing the an-

nual report, rent of district offices, supplies and
equipment, and all other things necessary for the
investigation of fires and moving picture licenses,
as required by law, and for expenses of adminis-
tering 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 three thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 3,000 00

Acts, 1936. — Chap. 432. 577

Item

Division of State Police:

613 For personal services of civilian employees, a sum

not exceeding one thousand dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... $1,000 00

614 For other necessary expenses of the uniformed divi-

sion, including traveling expenses of detectives, a
sum not exceeding forty-eight hundred twelve
dollars and fifty cents, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 4,812 50

Fire Prevention Service:
625 For personal services of fire inspectors and others, a
sum not exceeding six hundred and forty-four dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 644 00

628 For personal services and expenses for the inspection

of transportation of inflammable fluids, a sum not
exceeding one thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,000 00

State Boxing Commission:

629 For compensation and clerical assistance for the

state boxing commission, a sum not exceeding
thirty dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 30 00

Total $12,886 50

Service of the Department of Public Works.

The appropriation made in the following item is to
be paid three quarters from the Highway Fund
and one quarter from the Port of Boston re-
ceipts:

634 For telephone service in the public works building,

a sum not exceeding fifty-four hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $5,400 00

Functions of the department relating to highways
(the following appropriations, except as other-
wise provided, are made from the Highway
Fund):

635 (This item omitted.)
635a (This item omitted.)

636 For the salaries of guards for the public works build-

ing, a sum not exceeding sixty-nine hundred and
ninety-four dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 6,994 00

637 For personal services of the chief engineer, engineers

and office assistants, including certain clerks and
stenographers, a sum not exceeding fifty-two hun-
dred and eighty dollars, the same to be in addi-
tion to any amount heretofore appropriated for

the purpose 5,280 00

638a For expense of membership of the department in
the American Association of State Highway Offi-
cials, a sum not exceeding four hundred and fifty
dollars 450 00

578 Acts, 1936. — Chap. 432.

Item

644 (This item omitted.)

The appropriation made by Item 645 of chapter three
hundred and four of the acts of the current year
is to be in addition to the unexpended balance of
the appropriation made in the fiscal year nineteen
hundred and thirty-five.

The appropriation made by Item 653b of chapter
four hundred and ninety-seven of the acts of nine-
teen hundred and thirty-five is to be in addition
to the appropriation made by Item 574b of chap-
ter three hundred and eighty-four of the acts of
nineteen hundred and thirty-four.

The comptroller is hereby authorized to certify for
payment in anticipation of the receipts of the
assessments on the municipalities of the metro-
pohtan paries district and the city of Revere as
authorized by chapter three hundred and seventy-
five of the acts of nineteen hundred and thirty-
four, as amended by chapter four hundred and
eighty-seven of the acts of nineteen hundred and
thirty-five, any expenses incurred, within the
amount authorized, for the widening and recon-
struction of Ocean avenue in the city of Revere,
as authorized by said chapters.

Registration of Motor Vehicles:

646 For personal services, a sum not exceeding seventy-

five hundred dollars, to be paid from the Highway
Fund, and to be in addition to any amount here-
tofore appropriated for the purpose . . . $7,500 00

647 For services other than personal, including traveling

expenses, purchase of necessary supplies and ma-
terials, including cartage and storage of the same,
and for work incidental to the registration and
licensing of owners and operators of motor vehicles,
a sum not exceeding ten thousand dollars, to be
paid from the Highway Fund, and to be in addi-
tion to any amount heretofore appropriated for
the purpose 10,000 00

Functions of the department relating to water-
ways and pubUc lands:

654a To provide for certain dredging in Provincetown
Harbor, a sum not exceeding twenty thousand
dollars 20,000 00

660 For the maintenance and repair of certain property
in the town of Plymouth, a sum not exceeding two
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 2,000 00

662 (This item omitted.)

662b For expenses of an investigation relative to the site of
Gloucester pier, a sum not exceeding one thousand
dollars 1,000 00

662c For the furnishing of services and supplies in co-
operation with federal authorities in connection
with Works Progress Administration grants, a sum
not exceeding fifty thousand dollars is hereby
authorized to be paid out of the unexpended bal-
ance of the appropriation authorized by chapter
one hundred and forty-four of the acts of the cur-
rent year.

668 (This item omitted.)

Total $58,624 00

Acts, 1936. — Chap. 432. 579

Service of the Department of Public Utilities.

Item

671 For personal services of secretaries, employees of the

accounting department, engineering department
and rate and tariff department, a sum not exceed-
ing twelve hundred and sixty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $1,260 00

672 (This item omitted.)

673 For personal services of clerks, messengers and office

assistants, a sum not exceeding ten hundred and
twenty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,020 00

674 For personal services of the telephone and tele-

graph division, a sum not exceeding sixty dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose ... 60 00
677 For services other than personal, printing the annual
report, office supphes and equipment, a sum not
exceeding five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 500 00

Commercial Motor Vehicle Division:

679 For personal services of the director and assistants,

a sum not exceeding fifteen thousand nine hun-
dred eighty-six dollars and three cents, the same
to be in addition to any amount heretofore ap-
propriated for the purpose; provided, that no
payment shall be made from this appropriation
for the services of investigators and examiners
after October first in the current year except to
such investigators and examiners as then are per-
manently appointed under the provisions of chap-
ter thirty-one of the General Laws . . 15,986 03

680 For other services, necessary office supplies and

equipment, and for rent, a sum not exceeding
thirty-eight hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 3,800 00

Supervision of Gas and Electric Light Companies:
683 For other services, printing the annual report, for
rent of offices and for necessary office supplies
and equipment, a sum not exceeding four hundred
and forty-five dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 445 00

Special Investigations:
685 (This item omitted.)

Sale of Securities :
688 For personal services in administering the law rela-
tive to the sale of securities, a sum not exceeding
four thousand thirty-seven dollars and twenty-six
cents, the same to be in addition to any amount
heretofore appropriated for the purpose . . 4,037 26

Total $27,108 29

580 Acts, 1936. — Chap. 432.

Item

Metropolitan District Commission (Highway Fund).

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 twelve hundred and seventy-
five dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $1,275 00

692a For the cost of making repairs on account of flood
damage in co-operation with federal authorities
wherever Works Progress Administration grants
are possible, a sum not exceeding twenty thousand
dollars 20,000 00

Total $21,275 00

Unclassified Accounts and Claims.

700 For the compensation of certain women formerly

employed in cleaning the state house, and now
retired, a sum not exceeding three hundred dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $300 00

For certain other aid:

701 For the compensation of certain public employees

for injuries sustained in the course of their employ-
ment, for present and previous years, as provided
by section sixty-nine of chapter one hundred and
fifty-two of the General Laws, as amended, a sum
not exceeding twenty-five thousand dollars, to be
paid from the Highway Fund, and to be in addi-
tion to any amount heretofore appropriated for
the purpose 25,000 00

702 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 ninety-
seven dollars and five cents, the same to be in ad-
dition to any amount heretofore appropriated for
the purpose ....... 97 05

704 For payment of any claims, as authorized by section
eighty-nine of chapter thirty-two of the General
Laws, as amended, for allowances to the famihes
of members of the department of public safety
doing police duty kQled or fatally injured in the
discharge of their duties, a sum not exceeding
three hundred fifty-six dollars and twenty-one
cents, the same to be in addition to any amount
heretofore appropriated for the purpose . . 356 21

Total $25,753 26

Metropolitan District Commission.

The following items are to be assessed upon the
several districts in accordance with the methods
fixed by law, unless otherwise provided, and to
be expended under the direction and with the
approval of the metropolitan district commis-
sion:
708 For maintenance of the Charles River basin, a sum
not exceeding four thousand dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose ..... $4,000 00

Acts, 1936. — Chap. 432. 581

Item

709 For maintenance of park reservations, a sum not
exceeding ten thousand dollars, including retire-
ment of soldiers under the provisions of the Gen-
eral Laws, the same to be in addition to any
amount heretofore appropriated for the purpose . $10,000 00

709a For the cost of making repairs on account of flood
damage in co-operation with federal authorities
wherever Works Progress grants are possible, a
sum not exceeding thirty thousand dollars, the
same to be assessed as a part of the cost of main-
tenance of park reservations .... 30,000 00

709b For reimbursement to the city of Cambridge for the
cost of certain lighting, a sum not exceeding sixty-
one hundred and forty-four dollars, the same to be
assessed as a part of the cost of maintenance of
park reservations . . . . . . 6,144 00

709c (This item omitted.)

714 For maintenance of the Nantasket Beach reserva-
tion, a sum not exceeding one hundred and twenty-
five dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 125 00

716 For the maintenance and operation of a system of

sewage disposal for the north metropolitan sewer-
age district, a sum not exceeding eight thousand
dollars, including retirement of soldiers under the
provisions of the General Laws, the same to be in
addition to any amount heretofore appropriated
for the purpose 8,000 00

717 For the maintenance and operation of a system of

sewage disposal for the south metropolitan sewer-
age district, a sum not exceeding two hundred and
fifty dollars, including retirement of soldiers under
the provisions of the General Laws, the same to be
in addition to any amount heretofore appro-
priated for the purpose ..... 250 00

718 For the maintenance and operation of the metro-

Eolitan water system, a sum not exceeding five
undred dollars, including retirement of soldiers
under the provisions of the General Laws, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 500 00
718a For the cost of water supply improvements for Bel-
mont, Watertown and Arlington, as authorized by
chapter two hundred and sixty-five of the acts of
the current year, a sum not exceeding eighty-five
thousand dollars, the same to be assessed as a part
of the cost of the metropolitan water maintenance
and to be in addition to any amount heretofore
appropriated for the purpose .... 85,000 00

Total $144,019 00

Deficiencies.

For deficiencies in certain appropriations of previous
years, in certain items, as follows:

Service of the Judiciary.

Supreme Judicial Court:
For oflfice supplies, services and equipment, the sum
of forty-three dollars and fifty cents . . . $43 50

682 Acts, 1936. — Chap. 432.

Item

Service of the Department of Education.

English-speaking Classes for Adults:
For reimbursement of certain cities and towns, the
sum of forty-six hundred seventy dollars and
sixty-two cents $4,670 62

Service of the Department of Civil Service and
Registration.

Board of Registration in Embalming:
For traveling expenses, the sum of fifty-four dollars
and fifty-seven cents ..... 54 57

Service of the Department of Public Welfare.

State Board of Housing:
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, as amended, the sum of one hundred dollars 100 00

State Infirmary:
For the maintenance of the state infirmary, to be
expended with the approval of the trustees thereof,
the sum of seven hundred dollars . . . 700 00

Service of the Department of Correction.

For services other than personal, including printing
the annual report, necessary office supplies and
equipment, the sum of four hundred fourteen dol-
lars and eighty-eight cents . . . . 414 88

For the removal of prisoners, to and from state in-
stitutions, the sum of three hundred nineteen
dollars and seventy-six cents . . , . 319 76

Service of the Department of Conservation.

Propagation of game birds, etc. :
For personal services of employees at game farms
and fish hatcheries, the sum of two hundred five
dollars and forty-eight cents .... 205 48

Service of the Department of Public Works.

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 nm-sery for roadside planting,
the sum of nine hundred twenty-nine dollars and
eighty cents, to be paid from the Highway Fund . 929 80

For the maintenance and operation of the public
works building, the sum of five hundred eighty-
foiu- dollars and tliirty-three cents, to be paid
from the Highway Fund 584 33

For the improvement, development and protection
of rivers and harbors, tidewaters and foreshores
within the commonwealth, as authorized by sec-
tion eleven of chapter ninety-one of the General

Acts, 1936. — Chap. 432. 583

Item

Laws, as appearing in the Tercentenary Edition
thereof, and of great ponds, the sum of forty-nine
dollars and thirty cents ..... $49 30

For the settlement of certain land takings in connec-
tion with the construction of approaches for the
Cape Cod Canal Pier, the sum of thirty-four thou-
sand one hundred and twenty-five dollars . . 34,125 00

Service of the Department of Mental Diseases.

For the payment of a claim covered by a court order,
for the construction of the attendants' home at
the MetropoUtan state hospital, the sum of fifteen
thousand five hundred dollars .... 15,500 00

Service of the Department of Agriculture.

For reimbursement of owners of tubercular cattle
killed, in accordance with certain provisions of
law, the sum of two hundred and ten dollars , 210 00

Unclassified Accounts and Claims.

For reimbursing officials for premiums paid for pro-
curing sureties on their bonds, as provided by
existing laws, the sum of twenty-five dollars . 25 00

Total J57,932 24

Other Appropriations.

33c For expenses of an investigation by a special unpaid
commission relative to the salaries of judges of
probate and insolvency, as authorized by chapter
sixty-four of the resolves of the current year, a
sum not exceeding five hundred dollars . . S500 00

131a For the proper representation of the commonwealth
at the National Guard convention of the Yankee
Division Veterans Association, to be held at
Worcester in the current year, as authorized
by chapter fifty-one of the resolves of the cur-
rent year, a sima not exceeding three thousand

dollars 3,000 00

131b For the expense of a national salute on Boston Com-
mon, as authorized by chapter forty-four of the
resolves of the current year, a sum not exceeding
two hundred dollars ..... 200 00
152a For the acquisition of certain land for armory pur-
poses in the city of Lynn, as authorized by chap-
ter three hundred and eighty-one of the acts of the
current year, a sum not exceeding sixty-six hun-
dred dollars 6,600 00

152b For the acquisition of certain land for armory pur-
poses in the city of New Bedford, as authorized by
chapter forty-one of the resolves of the current
year, a sum not exceeding ten thousand dollars . 10,000 00
153 For personal services of the commissioner of state
aid and pensions and deputies, a sum not exceed-
ing two hundred and fifty dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ...... 260 00

280b For the acquisition and restoration of Old Derby
Wharf property in the city of Salem by the de-
partment of conservation in co-operation with the
city of Salem, as authorized by chapter three hun-
dred and sixty-five of the acts of the current year,
a sum not exceeding fifty thousand dollars . . 50,000 00

584 Acts, 1936. — Chap. 432.

Item

586a For expenses of an investigation by the department
of public health relative to the use of Wading river
as a source of water supply, as authorized by chap-
ter forty-two of the resolves of the current year, a
sum not exceeding two hundred and fifty dollars $250 00

586b For expenses of an investigation by the department
of public health, in co-operation with federal
Works Progress Administration grants, relative
to the sanitary condition of certain rivers, as
authorized by chapter forty-nine of the resolves
of the current year, a sum not exceeding eight

thousand dollars 8,000 00

662d For the cost of constructing a sea wall at Roughan's
Point, Revere, as authorized by chapter three hun-
dred and fifty-eight of the acts of the current year,
a sum not exceeding eighty-five thousand dollars,
the same to be in addition to an appropriation of
forty-two thousand five hundred dollars to be
assessed as part of the cost of maintenance of parks
reservations and to the further sum of forty-two
thousand five hundred dollars to be paid into the
treasury of the commonwealth by the city of

Revere 85,000 00

645a For the cost of reconstructing a bridge over Mystic
river between the city of Medford and the town
of Arlington, a sum not exceeding thirty-seven
thousand five hundred dollars, the same to be
paid from the Highway Fund and to be in addi-
tion to contributions made by the metropolitan
parks district, the county of Middlesex, the town
of Arlington and the city of Medford, as author-
ized by chapter three hundred and seventy-seven
of the acts of the current year .... 37,500 00
709d For the district's proportion of the cost of construct-
ing a sea wall at Roughan's Point, Revere, as
authorized by chapter three hundred and fifty-
eight of the acts of the current year, a sum not
exceeding fortj^-two thousand five hundred dol-
lars, to be assessed as part of the cost of main-
tenance of parks reservations .... 42,500 00
709e For the district's proportion of the cost of recon-
structing a bridge over Mystic river between the
city of Medford and the town of Arlington, as
authorized by chapter three hundred and seventy-
seven of the acts of the current year, a sum not
exceeding ninety-three hundred and seventy-five
dollars, to be assessed as part of the cost of main-
tenance of parks reservations .... 9,375 00
709f For the cost of certain investigations relative to
roadway, waterway and bridge improvements, as
authorized by chapter twenty-six of the resolves
of the current year, a sum not exceeding seven
hundred and fifty dollars, to be assessed as part
of the cost of maintenance of parks reservations . 750 00
717a For the cost of completing the investigation author-
ized by chapter forty-two of the resolves of nine-
teen hundred and thirty-five relative to the con-
dition of certain water in Boston Harbor, a sum
not exceeding eight thousand dollars, as author-
ized by chapter thirty-six of the resolves of the
current year, the same to be in addition to any
amount heretofore appropriated for the purpose
and to be assessed in accordance with the provi-
sions of said chapter forty-two .... 8,000 00

Acts, 1936. — Chap. 433. 585

Item

707 For the payment of claims authorized by certain
resolves of the current year, a sum not exceeding
twenty thousand three hundred eighty-seven dol-
lars and ninety-four cents. Said payments shall
be certified by the comptroller of the common-
wealth only upon the filing of satisfactory releases
or other evidence that the payments are accepted
as full compensation on the part of the common-
wealth in respect thereto ..... $20,387 94

709g For the construction by the metropolitan district
commission of a bath house in the town of Water-
town, as authorized by chapter three hundred and
thirty-one of the acts of the current year, a sum
not exceeding thirty-two thousand five hundred
dollars, to be in addition to the sum of thirty-two
thousand five hundred dollars contributed by the
town of Watertown, and to be assessed as part of
the cost of maintenance of parks reservations . 32,500 00
33d For expenses of an investigation by a special unpaid
commission relative to the functions and problems
relative to the Boston Port Authority and related
matters, as authorized by chapter sixty-six of the
resolves of the current year, a sum not exceeding
three thousand dollars ..... 3,000 00
33e For expenses of the commission on interstate com-
pacts affecting labor and industries, as authorized
by chapter sixty-eight of the resolves of the current
year, a sum not exceeding sixty-five hundred dol-
lars, the same to be in addition to any amount here-
tofore appropriated for the purpose . . . 6,500 00
Reimbursement for expenses of certain litigation to
the county of Hampshire, as authorized by chap-
ter three hundred and seventy-four of the acts of
the current year, shall be paid from the receipt
from bonds issued for the purposes of metro-
pohtan district water supply, with the approval
of the metropoUtan water supply commission,
without appropriation.

702 For the payment of certain annuities and pensions
of soldiers and others under the provisions of
certain acts and resolves, a sum not exceeding one
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 100 00

General and Highway Funds .... $1,202,981 83

MetropoUtan District Commission .... 237,144 00

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

Approved June 25, 1936.

An Act providing for the construction or reconstruc- Qhnq) 433

TION of three bridges OVER THE CONNECTICUT RIVER ^'

AND ONE BRIDGE OVER THE MERRIMACK RIVER.

Whereas, The deferred operation of this act would defeat Emergency
its purpose, not only to provide for the safety of the travel- ^^""^"^
ing public, but also to establish relief from the present un-
employment emergency, therefore it is hereby declared to
be an emergency law, necessary for the immediate preserva-
tion of the public safety and convenience.

586 Acts, 1936. — Chap. 433.

Be it enacted, etc., as follows:

Section 1. The department of public works, hereinafter
called the department, is hereby authorized and directed to
construct a bridge, and approaches thereto, across the Con-
necticut river from a point in the Turners Falls section of
the town of Montague to a point on the state highway in
the vicinity of the Riverside section of the town of Gill, and
also a bridge, and approaches thereto, across said river at
or near the site of the existing Sunderland-South Deerfield
bridge, so called; provided, that the entire cost of such
work shall be met substantially out of funds made available
therefor by the federal government under the Federal Emer-
gency Relief Appropriation Act of 1935, or any other appro-
priate federal statute. The said bridges, and approaches
thereto, shall cross at other than grade any railroads or
railroad sidings encountered.

Section 2. The department is hereby further authorized
and directed to reconstruct the bridge over said river, known
as the Northampton-Hadley bridge, at a total cost of not
exceeding one million dollars; provided, that federal funds
sufficient to pay substantially one half of said total cost are
made available therefor under the provisions of the act of
congress known as the Hayden-Cartwright Road Act. Sub-
stantially one half of said total cost shall be paid out of
federal funds made available therefor as aforesaid and the
balance thereof shall be payable from the appropriation
made by item six hundred and forty-three of chapter three
hundred and four of the acts of the current year.

Section 3. The department is hereby further authorized
and directed to construct a bridge, and approaches thereto,
over the Merrimack river in the city of Lowell at or near
the site of the existing Central bridge, so called, at a total
cost of not exceeding five hundred thousand dollars; pro-
vided, that federal funds sufiicient to pay forty per cent of
said total cost are made available therefor under the provi-
sions of any appropriate federal statute. Forty per cent of
said total cost shall be paid out of federal funds made avail-
able therefor as aforesaid and the other sixty per cent thereof
shall be payable as follows : — one half by the common-
wealth from the Highway Fund, one fourth by the county
of Middlesex and one fourth by the city of Lowell.

Section 4. Payments by the county of Middlesex and
the city of Lowell under section three shall be paid into the
treasury of the commonwealth upon written order of the
department and sums so paid shall be available for expendi-
ture by the department for the purposes of said section
without appropriation by the general court.

Section 5. For the purpose of meeting payments re-
quired to be made as aforesaid, the county of Middlesex
and the city of Lowell may each borrow such sums as may
be necessary, and may issue bonds or notes therefor which
shall be payable in not more than ten years; and such in-

Acts, 1936. — Chap. 433. 587

debtedness shall, except as herein provided, be subject to
chapter forty-four of the General Laws in the case of said
city, and to chapter thirty-five of the General Laws in the
case of said county. Any borrowing hereunder by said city
may be outside its statutory limit of indebtedness.

Section 6. For the purposes of this act, the department,
on behalf of the commonwealth, or on behalf of any county,
city or town, may enter upon or take by eminent domain
under chapter seventy-nine of the General Laws, or acquire
by purchase or otherwise, such public or private lands, or
parts thereof or rights therein, or such public ways, as may
be necessary for carrying out any project under this act,
including such lands or rights therein as may be necessary
for the construction of any necessary drainage outlets; pro-
vided, that no damages shall be paid for public lands or
public ways so taken. Upon the filing of an order to that
effect by the department in its office, the title to and control
of lands or rights therein taken or acquired in connection
with any project hereunder shall become vested in the
county, city or town in whose behalf the land was taken or
acquired as aforesaid. The cost of land takings, including
any damages awarded on account of any taking of land or
property, or any injury to the same, and any sums paid for
lands or rights purchased, shall be paid by the common-
wealth out of the proceeds of obligations issued under
chapter four hundred and sixty-four of the acts of nineteen
hundred and thirty-five, and the total amount so paid shall
be included within the limit of aggregate ultimate liability
on the part of the commonwealth specified in item (4) of
section one of said chapter four hundred and sixty-four.
Sums paid under this section shall be in addition to those
otherwise specified in this act, but no payments under this
section with respect to any project hereunder shall be made
unless and until sums have been made available therefor by
the federal government as provided in this act.

Section 7, The department may make a contract or
contracts for any project hereinbefore authorized if and
when the federal authorities give proper assurance to it that
the federal government will furnish the funds necessary to
meet the cost of the construction involved therein, as pro-
vided by this act, notwithstanding the provisions of section
twenty-seven of chapter twenty-nine of the General Laws.

Section 8. The department is hereby authorized to make
«uch alterations to street railway and railroad tracks and in
connecting ways and to construct such drainage outlets as
may be necessary to carry out the provisions of this act.

Section 9. Each of the bridges, and approaches thereto,
constructed hereunder shall, upon completion, become and
be maintained as a public highway by the county in which
located, except that the said bridge, and approaches thereto,
constructed under section three in the city of Lowell shall
be maintained by said city. Approved June 25, 1936.

688

Acts, 1936. — Chap. 434.

C7iap.434 An Act providing for the more effective and more
JUST enforcement of the law against operating

MOTOR vehicles WHILE UNDER THE INFLUENCE OF IN-
TOXICATING LIQUOR.

G. L. (Ter.
Ed.), 90.
I 24, etc.,
amended.

Reckless or
drunken
driving, etc.

Penalty.

Be it enacted, etc., as follows:

Section 1. Chapter ninety of the General Laws is hereby
amended by striking out section twenty-four, as most re-
cently amended by chapter one hundred and eighty-two of
the acts of the current year, and inserting in place thereof
the following: — Section 24- (1) (a) Whoever upon any
way or in any place to which the public has a right of ac-
cess operates a motor vehicle while under the influence of
intoxicating liquor shall be punished by a fine of not less
than thirty-five nor more than one thousand dollars, or by
imprisonment for not less than two weeks nor more than
two years, or both. A court or magistrate, before imposing
sentence upon a person found guilty of a violation of this
paragraph shall ascertain by inquiry of the oflfice of the
registrar what records or other information said office has
tending to show that said person has been convicted of a
like offence by a court or magistrate of the commonwealth
within a period of six years immediately preceding the com-
mission of the offence with which he is charged.

(6) A conviction of a violation of the preceding para-
graph of this section shall be reported forthwith by the
court or magistrate to the registrar, who shall revoke imme-
diately the license of the person so convicted, and no appeal,
motion for new trial or exceptions shall operate to stay the
revocation of the license.

(c) The registrar, after having revoked the license of any
person under the preceding paragraph of this section, shall
not issue a new license to such person, except in his discre-
tion ff the prosecution of such person has terminated in
favor of the defendant, until one year after the date of a final
conviction of a first offence or five years after a subsequent
conviction; but notwithstanding the foregoing no new li-
cense shall be issued by the registrar to any person con-
victed of a violation of paragraph (1) (a) of this section until
ten years after the date of conviction in case the registrar
determines upon investigation and after hearing that the
action of the person so convicted in committing such offence
caused an accident resulting in the death of another, nor at
any time after a subsequent conviction of such an offence
in case the registrar determines in the manner aforesaid that
the action of such person so subsequently convicted in com-
mitting such subsequent offence caused an accident result-
ing in the death of another.

(d) For the purposes of subdivision (1) of this section, a
person shall be deemed to have been convicted if he pleaded
guilty or nolo contendere or was found or adjudged guilty

Acts, 1936. — Chap. 434. 589

by a court of competent jurisdiction, whether or not he was
placed on probation without sentence or under a suspended
sentence or the case was placed on file, and a license may
be revoked under paragraph (b) hereof notwithstanding the
pendency of a prosecution upon appeal or otherwise after
such a conviction. Where there has been more than one
conviction in the same prosecution, the date of the last
conviction shall be deemed to be the date of final convic-
tion under paragraph (c) hereof.

(2) (a) Whoever upon any way or in any place to which
the public has a right of access operates a motor vehicle
recklessly, or operates such a vehicle negligently so that the
lives or safety of the public might be endangered, or upon a
bet or wager or in a race, or whoever operates a motor
vehicle for the purpose of making a record and thereby vio-
lates any provision of section seventeen or any regulation
under section eighteen, or whoever without stopping and
making known his name, residence and the register number
of his motor vehicle goes away after knowingly colliding
with or otherwise causing injury to any other vehicle or
property, or whoever uses a motor vehicle without author-
ity knowing that such use is unauthorized, or whoever loans
or knowingly permits his license to operate motor vehicles
to be used by any person, or whoever makes false state-
ments in an application for such a license or falsely imper-
sonates the person named in such an application or pro-
cures such false impersonation whether of himself or of
another, or whoever in an application for registration of a
motor vehicle or trailer gives as his name or address or the
place where such vehicle is principally garaged a false name,
address or place, shall be punished by a fine of not less than
twenty nor more than two hundred dollars or by imprison-
ment for not less than two weeks nor more than two years,
or both; and whoever operates a motor vehicle upon any
way or in any place to which the public has a right of access
and, without stopping and making known his name, resi-
dence and the register number of his motor vehicle, goes
away after knowingly colliding with or otherwise causing
injury to any person shall be punished by imprisonment for
not less than two months nor more than two years.

(6) A conviction of a violation of the preceding para-
graph of this section shall be reported forthwith by the
court or magistrate to the registrar, who may in any event,
and shall unless the court or magistrate recommends other-
wise, revoke immediately the license of the person so con-
victed, and no appeal, motion for new trial or exceptions
shall operate to stay the revocation of the license. If it
appears by the records of the registrar that the person so
convicted is the owner of a motor vehicle or has exclusive
control of any motor vehicle as a manufacturer or dealer or
otherwise, the registrar may revoke the certificate of regis-
tration of any or all motor vehicles so owned or exclusively
controlled.

590

Acts, 1936. — Chap. 434.

G. L. (Ter,
Ed.), 279,
§ 1, etc.,
amended.

Suspension
of sentences,
regulated.

(c) The registrar, after having revoked the license of any
person under the preceding paragraph of this section, in his
discretion may issue a new license to him, if the prosecu-
tion of such person in the superior court has terminated in
favor of the defendant, or, after an investigation or upon
hearing, may issue a new license to a person convicted in
any court of the violation of any provision of paragraph (2)
(a) of this section; provided, that no new license shall be
issued by the registrar to any person convicted of going
away without stopping and making known his name, resi-
dence and the register number of his motor vehicle after
having, while operating such vehicle upon any way or in
any place to which the public has a right of access, know-
ingly collided with or otherwise caused injury to any person
until one year after the date of his original conviction if for
a first offence or two years after the date of any subsequent
conviction, or to any person convicted of violating any
other provision of paragraph (2) (a) of this section, until
sixty days after the date of his original conviction if for a
first offence or one year after the date of any subsequent
conviction.

(3) The prosecution of any person for the violation of
any provision of this section, if a subsequent offence, shall
not, unless the interests of justice require such disposition,
be placed on file or otherwise disposed of except by trial,
judgment and sentence according to the regular course of
criminal proceedings ; and such a prosecution shall be other-
wise disposed of only on motion in writing stating specifi-
cally the reasons therefor and verified by affidavits if facts
are relied upon. If the court or magistrate certifies in writ-
ing that he is satisfied that the reasons relied upon are suffi-
cient and that the interests of justice require the allowance
of the motion, the motion shall be allowed and the certifi-
cate shall be filed in the case. A copy of the motion and
certificate shall be sent by the court or magistrate forth-
with to the registrar.

Section 2. The second paragraph of section one of chap-
ter two hundred and seventy-nine of the General Laws, as
most recently amended by section one of chapter three hun-
dred and fifty-eight of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out all
after the word "felony" in the seventh line, — so as to
read as follows : —

The provisions of this section shall not permit the suspen-
sion of the execution of the sentence of a person convicted
of a crime punishable by death or imprisonment for life or
of a crime an element of which is being armed with a dan-
gerous weapon, or of a person convicted of any other felony
3 it shall appear that he has been previously convicted of
any felony. Approved June 25, 1936.

Acts, 1936. — Chaps. 435, 436. 591

An Act authorizing the city of boston to pay a sum ChavASd
OF money to pearl I. cummings of said city.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging its moral
obligation in the premises, the city of Boston is hereby
authorized to pay to Pearl I. Cummings of said city a sum
of money not exceeding three hundred and fifty dollars to
compensate her for damages to her automobile which was
struck by a motor vehicle of the fire department of said
city.

Section 2. This act shall take effect upon its accept-
ance during the current year by the city council of the city
of Boston, subject to the provisions of its charter.

Approved June 25, 1936.

An Act relative to the old age assistance law, so (Jfiav 436

CALLED.

Whereas, The deferred operation of this act would tend ^"^j^mbiT^
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 General Laws are hereby amended by g. l. (Xer.
striking out chapter one hundred and eighteen A, as amended, ^rickln^ott
and inserting in place thereof the following: — cha tl^iisA

inserted.

Chapter 118A.

Adequate Assistance to Certain Aged Citizens.

Section 1 . Adequate assistance to deserving citizens in ow age
need of relief and support sixty-five years of age or over ^'Ssistance.
who shall have resided in the commonwealth not less than
five years during the nine years immediately preceding the
date of application for such assistance and who shall have
resided in the commonwealth continuously for one year
immediately preceding said date of application, shall be
granted under the supervision of the department of public
welfare, in this chapter called the department. Financial
assistance granted hereunder shall be given from the date
of application therefor, but in no event before the applicant
reaches the age of sixty-five, and in determining the amount
of assistance to be given for any period preceding the date
on which the application was favorably passed upon, con-
sideration shall be given to the amount of welfare relief, if
any, given to such applicant during said period under any
other provision of law. Such assistance shall, wherever
practicable, be given to the aged person in his own home
or in lodgings or in a boarding home, which for the pur-
poses hereof shall include any institution providing shelter,
care and treatment for aged persons which is not supported

592

Acts, 1936. — Chap. 436.

Payments,
how made.

Local bureau
of old age
assistance.

Appeal upon
failure to
grant aid.

in whole or in part by public funds; provided, that no in-
mate of such a boarding home or institution shall be eligi-
ble for assistance under this chapter while being cared for
under a contract; and provided, further, that for the pur-
poses of this chapter any person who, while such an inmate,
has lost or shall lose his settlement at the time of admission
to such home or institution shall be deemed to have no
settlement in the commonwealth. Such assistance shall be
paid by check or in cash, which shall be delivered to the
applicant at his residence if he so requests, and shall, except
as hereinafter provided, be at a rate of not less than thirty
dollars monthly for each recipient, or, in case of a husband
and wife living together, both of whom are eligible for such
assistance, not less than fifty dollars monthly for both, or,
in case of sisters or brothers or sisters and brothers living
together, all of whom are so eligible, not less than forty-five
dollars monthly for two, and not less than fifteen dollars
monthly for each additional brother or sister so eligible.
In computing the above minima the local board of public
welfare, or the appeal board hereinafter provided for, as
the case may be, shall deduct therefrom the amount of
income the person assisted or to be assisted may be receiv-
ing from any source whatsoever, and may deduct therefrom
such reasonable amount as may be deemed to represent the
financial value of board, lodging or other assistance which
is being furnished to such person from any source whatever,
or should be furnished to him by his children. No person
receiving assistance hereunder shall be deemed to be a
pauper by reason thereof.

Section 2. Each board of public welfare shall, for the
purpose of granting adequate assistance and service to such
aged persons, establish a division thereof to be designated
as the bureau of old age assistance. In determining the
need for financial assistance, said bureaus shall give con-
sideration to the resources of the aged person. Separate
records of all such aged persons who are assisted shall be
kept and reports returned in the manner prescribed by sec-
tion thirty-four of chapter forty-one and by sections thirty-
two and thirty-three of chapter one hundred and seventeen.
The department shall make an annual report to the general
court, and also such reports to the social security board
established under the federal social security act, approved
August fourteenth, nineteen hundred and thirty-five, as may
be necessary to secure to the commonwealth the benefits of
said act.

Section 3. Any person aggrieved by the failure of a town
to render adequate assistance under this chapter, or by the
failure of the board of public welfare of a town to approve
or reject an application for assistance hereunder within
thirty days after receiving such application, shall have a
right of appeal to a board composed of the superintendent
of old age assistance in the department, the director of the
division of aid and relief, a member of the advisory board

Acts, 1936. — Chap. 436. 593

of the department designated by the commissioner of public
welfare and the commissioner of public welfare, ex officio,
which board, hereinafter called the appeal board, shall forth-
with make a thorough investigation and shall have authority
to act upon any appeal in relation to the following matters :

1. The matter of denial of assistance by the local board of
public welfare;

2. The matter of a change in the amount of assistance
given;

3. The matter of withdrawal of assistance.

Section 4- The ownership of an equity in real estate upon Ownership
which an applicant actually resides shall not disqualify him nlf to^lfs-^
from receiving assistance under this chapter; provided, that qualify ap-
if such equity, computed on the basis of assessed valuation,
exceeds two thousand dollars in each of the five years im-
mediately preceding his application, the board of public
welfare of the town rendering such assistance, or the bureau
of old age assistance established by such board, shall, through
the appropriate town official, require such applicant to exe-
cute a bond in a penal sum at least equal to the amount of the
equity in excess of two thousand dollars, running to the
treasurer of the town, conditioned on repayment to such
town of all amounts of such assistance, without interest, such
bond to be secured by mortgage of the applicant's real estate.
Every such bond and mortgage shall be forthwith entered
for record in the proper registry of deeds or registry district
of the land court, as the case may be, and the register of deeds
or assistant recorder of the land court shall thereupon record
or register such bond and mortgage without fee. Out of the
proceeds realized by the town from any such bond and mort-
gage or from the estate of a person granted assistance under
this chapter, or both, the federal government, through the
commonwealth, shall be reimbursed to an amount not ex-
ceeding the amount contributed by it in such case and the
remainder shall be apportioned between the commonwealth
and the town furnishing the assistance in proportion to the
amounts of their respective contributions.

Section 5. The ownership of a policy of insurance of the same
type known as group insurance, for which the weekly pre- ^" ^^^*"
mium does not exceed fifty cents per week, or of a policy of
insurance in an amount not exceeding one thousand dollars,
shall not disqualify an applicant from receiving assistance
under this chapter; provided, that such policy has been in
effect not less than five years prior to the date of his appli-
cation.

Section 6. No assistance under this chapter shall be Aid not to
granted to an applicant who, at any time within five years jif cMuin*^
immediately prior to the filing oi an application for such cases.

594

Acts, 1936. — Chap. 436.

Federal aid
to be given
to cities and
towns.

Reimburse-
ment of cities
and towns.

Options.

Supervision
of local
boards.

assistance, has made an assignment or transfer of property
so as to render himself eligible to such assistance. Assistance
hereunder shall not be subject to trustee process, and no
assignment thereof shall be valid. No applicant for assist-
ance hereunder, who knowingly makes any false statement,
or seeks to perpetrate any fraud or deception, in or relative
to his application for such assistance, shall be granted any
assistance hereunder upon such application, nor shall he be
eligible for one year thereafter to make further application
for such assistance or to receive the same.

Section 7. Money received by the commonwealth from
the federal government as a grant for old age assistance shall
be paid to the several towns as allotted by the department and
shall be kept as a separate account by every such town
and used only for purposes specified by the department, not-
withstanding the provisions of section fifty-three of chapter
forty-four.

Section 8. Any town rendering assistance under this
chapter shall also be reimbursed by the commonwealth for
two thirds of the remainder of such disbursements or for all
of such remainder if the person so assisted has no settlement
in the commonwealth. If the person so assisted has a legal
settlement in another town, one third of the remainder of the
amount of assistance given such person may be recovered in
contract against the town liable therefor in accordance with
chapter one hundred and seventeen. All accounts against
the commonwealth for allowances to towns on account of
moneys paid for which they are entitled to reimbursement
by the commonwealth hereunder shall be rendered to the
department on or before June fifteenth annually, and shall
be for the twelve months ending on the thirtieth day of April
preceding, and, if rendered as aforesaid, approved by the
department and certified by the comptroller, but not other-
wise, shall be paid by the commonwealth ; provided, that such
accounts for the twelve months aforesaid for allowance to a
town, if rendered at any time prior to the sixtieth day after
the close of the current fiscal year of the town, may be re-
ceived, and, in the discretion of the department and upon
certification by the comptroller, be allowed and paid when an
appropriation therefor has been made. Failure to comply
with the rules and regulations of the department shall be
ground for disapproval of any account.

Section 9. If an application for assistance under this
chapter is affected by the eligibility of the applicant to receive
aid under chapter one hundred and fifteen, the applicant shall
be entitled to exercise such options and execute such waivers
as may be necessary to receive the assistance or aid which he
seeks.

Section 10. The department shall supervise the work
done and measures taken by the boards of public welfare
of the several towns in respect to persons assisted and service
given under this chapter; and for this purpose may make
such rules relative to notice and reimbursement, and such

Acts, 1936. — Chap. 436. 595

other rules relating to the administration of this chapter,
as it deems necessary, and may visit any person assisted,
and shall have access to any records and other data kept by
the boards of public welfare or their representatives relating
to such assistance, and may require the production of books
and papers and the testimony of witnesses under oath.

Section 2. Chapter one hundred and twenty-eight A of E^VmA
the General Laws, as appearing in section three of chapter § i5,' etc.. '
three hundred and seventy-four of the acts of nineteen *™*°
hundred and thirty-four, is hereby amended by striking
out section fifteen and inserting in place thereof the follow-
ing: — Section 15. The receipts paid into the state treasury Receipts to
under this chapter, after deducting therefrom the amount of J*eimifii8e°
expenses incurred by the commission in carrying out the cities and
provisions of this chapter, shall be used so far as necessary
for reimbursing cities and towns for assistance given by
them to aged citizens, under the provisions of chapter one
hundred and eighteen A, in the manner provided by section
eight of said chapter.

Section 3. Section twenty-seven of chapter one hun- g. l. (Xer.
dred and thirty-eight of the General Laws, as most recently § 27,' lu',
amended by chapter four hundred and forty-two of the amended.
acts of nineteen hundred and thirty-five, is hereby further
amended by striking out, in the tenth line, the word "three"
and inserting in place thereof the word : — eight, — and by
striking out, in the thirteenth line, the words "and be dis-
tributed on the same basis" and inserting in place thereof
the words : — in the same respective proportions as the re-
imbursement by the commonwealth under said section eight,
— so as to read as follows : — Section 27. All fees for licenses Certain
and permits authorized to be granted by the commission [fcenTes, eTc™
under this chapter and all moneys payable under section bevlrageTkw^
twenty-one shall be paid into the state treasury and, after to be used
deducting therefrom the expenses of the commission, and dtie^s^nd"^
the expenses of the department of public welfare with re- *°"''^^-
spect to the granting of assistance to aged citizens under
the provisions of chapter one hundred and eighteen A, shall
be used, so far as necessary, for reimbursing cities and towns
for such assistance given by them, in the manner provided
by section eight of said chapter, and any balance then re-
maining shall be used further to reimburse cities and towns
for such assistance in the same respective proportions as the
reimbursement by the commonwealth under said section
eight; and all fees for licenses and permits authorized to be
granted by the local licensing authorities under this chapter
shall be paid into the treasuries of their respective cities and
towns.

Section 4. Subsection seven of section one of this act Effective
and this section shall take effect in conformity with the con-
stitution, and the other sections thereof shall take effect
September first, nineteen hundred and thirty-six, but if so
much of the provisions of the federal social security act
therein referred to as relate to old age assistance shall be

act.

596 Acts, 1936. — Chap. 437.

repealed, or shall become inoperative because of unconstitu-
tionality or otherwise, this act shall, sixty days thereafter,
become null and void, and said chapter one hundred and
eighteen A, said section fifteen of said chapter one hundred
and twenty-eight A and said section twenty-seven of said
chapter one hundred and thirty-eight, as in effect immedi-
ately prior to the effective date of this act, shall thereupon
again be in full force and effect.

Approved June 30, 1936.

ChapAS7 An Act further in addition to the general appropria-
tion ACT MAKING APPROPRIATIONS TO SUPPLEMENT CERTAIN
ITEMS CONTAINED THEREIN, AND FOR CERTAIN NEW ACTIVI-
TIES AND PROJECTS.

Be it enacted, etc., as follows:

Additional Section 1. To providc further for supplementing certain

appropriation items in the general appropriation act, and for certain new
activities and projects, the sums set forth in section two,
for the particular purposes and subject to the conditions
stated therein, are hereby appropriated from the general
fund or ordinary revenue of the commonwealth, unless some
other source of revenue is expressed, subject to the provisions
of law regulating the disbursement of public funds and the
approval thereof.
Section 2.

Service of the Executive Department.
Item

95 For the salaries of ofEcers and employees of the de-
partment, a sum not exceeding fifteen thousand
seven hundred and sixty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose $15,760 00

96 For certain personal services for the lieutenant gov-
ernor and councU, a sum not exceeding twenty-
three hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 2,300 00

98 For postage, printing, office and other contingent ex-
penses, including travel of the governor, a sum not
exceeding thirty-five thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 35,000 00
101a For the purchase of an automobUe for the governor,
a sum not exceeding twenty-five hundred twenty-
two dollars and fifty cents .... 2,522 50

Total $55,582 50

Service of the Militia.

117 For expenses of rifle practice, a sum not exceeding
two thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $2,000 00

1 20 For compensation for special and miscellaneous duty,
a sum not exceeding four thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 4,000 00

Total $6,000 00

Acts, 1936. — Chap. 437. 597

Service of Special Military Expenses.
Item

131c For the cost of a tablet and the placing thereof in,
or on the grounds of, the state house in memory
of the military services of Jeremiah J. O'Brien, as
authorized by chapter seventy-five of the resolves
of the current year, a sum not exceeding five hun-
dred dollars $500 00

Service of the State Quartermaster.

138 For the maintenance of armories of the first class,
including the purchase of certain furniture, a sum
not exceeding twelve thousand five hundred dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $12,500 00

Service of the Treasurer and Receiver-General.

208 For salaries of officers and employees holding posi-

tions established by law and additional clerical
and other assistance, a sum not exceeding twenty-
five hundred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $2,500 00

209 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceed-
ing eight hundred dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose 800 00

Total $3,300 00

Service of the Department of Agriculture.

Division of Markets:
244 For personal services, a sum not exceeding twenty-
five hundred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $2,500 00

Milk Control Board:
249 For administrative expenses of the mUk control
board, including compensation and salaries of the
members of the board and their employees, and
for all contingent expenses, including rent of of-
fices, travel, office and incidental expenses, a sum
not exceeding twenty-five hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... 2,500 00

Total $5,000 00

Service of the Department of Conservation.

Propagation of game birds, etc. :
289 For personal services of employees at game farms
and fish hatcheries, a sum not exceeding ten thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . $10,000 00

Service of the Department of Banking and Insurance.

Division of Insurance:
309 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 twenty thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $20,000 00

598 Acts, 1936. — Chap. 437.

Item

310 For other services, including printing the annual
report, traveling expenses, necessary office sup-
plies and equipment, and rent of offices, a sum not
exceeding five thousand dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose $5,000 00

Total $25,000 00

Service of the Department of Corporations and Taxation.

Income Tax Division (the following appropriation
is to be made from the receipts from the income
tax):
317 For personal services of the director, assistant di-
rector, assessors, deputy assessors, clerks, stenog-
raphers and other necessary assistants, a sum not
exceeding forty thousand dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose $40,000 00

Service of the Department oj Education.

326 For personal services of officers, agents, clerks, ste-
nographers and other assistants, but not including
those employed in university extension work, a
sum not exceeding fourteen hundred and fifty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,450 00

Division of Immigration and Americanization:
348 For personal services, a sum not exceeding one thou-
sand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,000 00

Total $2,450 00

Service of the Department of Civil Service and Registration.

Board of Registration in Pharmacy:
414 For personal services of agents, a sum not exceeding
nine hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $900 00

Service of the Department of Labor and Industries.

452 For compensation and expenses of wage boards, a

sum not exceeding five hundred dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... $500 00

453 For services other than personal, printing, traveling

expenses and office supplies and equipment for
minimum wage service, a sum not exceeding one
thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 1,000 00

The appropriations made during the current year for
the minimum wage service shall be considered
available for expenses as provided in chapter
four hundred and thirty of the acts of the
current year.

Unemployment Compensation Commission:
456 For administrative expenses of the commission, a
sum not exceeding five thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 5,000 00

Total $6,500 00

Acts, 1936. — Chap. 437. 599

Service of the Department of Mental Diseases.

Item

460 F'or personal services of officers and employees, a
sum not exceeding twenty-seven hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose $2,700 00

465 For the purchase and installation of anti-scald valves
on plumbing fixtures at institutions in the depart-
ment, a sum not exceeding ten thousand dollars . 10,000 00

Total $12,700 00

Service of the Department of Correction.

511 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 hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 1,200 00

Total $5,400 00

Service of the Department of Public Welfare.

State Board of Housing:

534 For personal services, a sum not exceeding thirteen

hundred and seven dollars, the same to be in ad-
dition to any amount heretofore appropriated for
the purpose $1,307 00

535 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, as amended, a sum not exceeding six him-
dred and fifty dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........ 650 00

Division of Aid and Relief:

536 For personal services of officers and employees, a

simi not exceeding six thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 6,000 00

537 For services other than personal, including traveling

expenses and office supplies and equipment, a
sum not exceeding one thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 1,000 00

Total $8,957 00

Service of the Department of Public Works.

Functions of the department relating to highways:
635 For the maintenance and operation of the public
works building, a sum not exceeding fifteen hun-
dred dollars, to be paid from the Highway Fund
and to be in addition to any amount heretofore
appropriated for the purpose .... $1,500 00

600 Acts, 1936. — Chap. 437.

Item

636 For the salaries of guards for the public works build-
ing, a sum not exceeding ten thousand dollars, to
be paid from the Highway Fund and to be in ad-
dition to any amount heretofore appropriated for
the purpose $10,000 00

644 For administering the law relative to advertising
signs near highways, a sum not exceeding five
thousand dollars, to be paid from the General
Fund and to be in addition to any amount here-
tofore appropriated for the purpose . . . 5,000 00

Functions of the department relating to water-
ways and public lands:
662 For the cost of inspection of structures in tidewater
outside of Boston Harbor, a sum not exceeding
five thousand dollars ..... 5,000 00

Functions of the department relating to Port of
Boston :
668 For the cost of inspection of structures in tidewater
within Boston Harbor, a sum not exceeding ten
thousand dollars 10,000 00

Total $31,500 00

Service of the Deparlmenl of Public Utilities.

672 For personal services of the inspection department,
a sum not exceeding sixteen hundred and eighty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . $1,680 00

Special investigations :
685 For personal services and expenses of special inves-
tigations, including legal assistants as needed, a
sum not exceeding five thousand dollars, the same
to be in addition to any amount heretofore ap-
propriated for the purpose .... 5,000 00

Total $6,680 00

Metropolitan District Commission.

709c For the cost of repairing bulkhead at the L5ain
playground, a sum not exceeding ten thousand
dollars, to be assessed as part of the cost of main-
tenance of park reservations .... $10,000 00

Other Appropriations.

33f For expenses of an unpaid special commission to in-
vestigate the problems of taxation and public ex-
penditures, as authorized by chapter seventy-two
of the resolves of the current year, a sum not ex-
ceeding ten thousand dollars .... $10,000 00

643a For the cost of constructing certain bridges, as au-
thorized by chapter four hundred and twenty-
nine of the acts of the current year, a sum not
exceeding two hundred twelve thousand five hun-
dred dollars, the same to be paid from the Highway
Fund and to be subject to the conditions of, and
in addition to all other funds provided under,
said chapter four hundred and twenty-nine . 212,500 00

643b For the cost of constructing certain bridges, as au-
thorized by chapter four hundred and thirty-three
of the acts of the current year, a sum not exceeding
one hundred and fifty thousand dollars, the same

Acts, 1936. — Chap. 438. 601

to be paid from the Highway Fund and to be sub-
ject to the conditions of, and in addition to all
other funds provided under, said chapter four

hundred and thirty-three $150,000 00

The appropriation of two million dollars for re-
construction and repair of state highways
damaged by floods, as made by chapter one
hundred and eighty-six of the acts of the current
year, is hereby reduced by the sum of one hun-
dred and fifty-three thousand dollars, and said
sum shall revert to the Highway Fund revenue
account.

General and Highway Funds .... $605,469 50

Metropolitan District Commission . . . 10,000 00

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

Approved July 2, 1936.

An Act relative to the use of revenue derived from QhavAZ^

THE sales of alcoholic BEVERAGES.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-eight of the General g-jL.CTer.
Laws is hereby amended by striking out section twenty- § 27,' etc.,'
seven, as most recently amended by section three of chapter "'"'^^ ^
four hundred and thirty-six of the acts of the current year,
and inserting in place thereof the following: — Section 21. P/f/^'gn^jf"
All fees for licenses and permits authorized to be granted from sales
by the commission under this chapter and all moneys pay- beverages!"
able under section twenty-one shall be paid into the state
treasury, and after deducting therefrom the expenses of the
commission and the expenses of the department of public
welfare with respect to the granting of assistance to aged
citizens under the provisions of chapter one hundred and
eighteen A shall be used, so far as necessary, for reimbursing
cities and towns for such assistance given by them, in the
manner provided by section eight of said chapter and any
balance, including surplus, at the end of each fiscal year,
shall then be forthwith transferred into the general fund or
ordinary revenue of the commonwealth; provided, that, of
the balance remaining on June thirtieth, nineteen hundred
and thirty-six, three million two hundred thousand dollars
shall forthwith be transferred into the general fund or ordi-
nary revenue of the commonwealth and two million dollars
shall be used further to reimburse cities and towns forthwith
for such assistance in the same respective proportions as
reimbursement by the commonwealth under said section
eight. All fees for licenses and permits authorized to be
granted by the local licensing authorities under this chapter
shall be paid into the treasuries of their respective cities and
towns. Approved July 2, 1936.

602

Acts, 1936. — Chap. 439.

G. L. (Ter.
Ed.), 32,
§ 80, etc..
amended.

Pensions for
firemen in
certain cities.

Chap. 4:39 An Act relative to the retirement of policemen and

FIREMEN IN CERTAIN CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section 1. Section eighty of chapter thirty- two of the
General Laws, as amended by section eight of chapter two
hundred and eighty-five of the acts of nineteen hundred and
thirty-four, is hereby further amended by striking out, in
the sixteenth and seventeenth hues, as appearing in the
Tercentenary Edition, the words "and has attained the age
of sixty shall be retired at his request" and inserting in place
thereof the words: — shall, at any time after attaining the
age of sixty and before attaining the age of seventy, be
retired at his request and shall, on attaining the age of
seventy, be retired without any request on his part, and no
other permanent member of said department shall remain
in service after he has attained or shall attain the age of
seventy, — so as to read as follows : — Section SO. In cities,
except Boston, which accept this and the following section
or have accepted corresponding provisions of earlier laws by
vote of the city council, the fire commissioner in cities hav-
ing such an official, otherwise the aldermen, in all cases with
the approval of the mayor, shall retire from active service
and place upon the pension roll any fireman, call fireman or
substitute call fireman of the city whom the city physician
certifies in writing to be permanently disabled, mentally or
physically, by injuries sustained or illness incurred through
no fault of his own in the actual performance of duty, from
further performing duty as such member; or any permanent
member of said department who has performed faithful
service therein for not less than twenty-five years as such
or as a call member and permanent member of said depart-
ment, if in the judgment of said board or official such mem-
ber is disabled for useful service in the department; provided,
that any permanent member of said department who has
performed faithful service therein for twenty-five years as
aforesaid shall, at Siuy time after attaining the age of sixty
and before attaining the age of seventy, be retired at his
request and shall, on attaining the age of seventy, be retired
without any request on his part, and no other permanent
member of said department shall remain in service after he
has attained or shall attain the age of seventy. Any accept-
ance of this and the following section may be limited by the
vote of acceptance to any one or more of the classes of fire-
men hereinbefore set forth.

No fireman whose employment begins after December
thirty-first, nineteen hundred and thirty-seven, shall be
subject to the provisions of this section.

Section 2. Section eighty-three of said chapter thirty-
two, as appearing in the Tercentenary Edition, is hereby
amended by striking out, in the fourteenth line, the words
"and every" and inserting in place thereof the following: —

G. L. (Ter.
Ed.). 32. § 83.
amended.

Acts, 1936. — Chap. 439. 603

provided, that any permanent member of said department
who has performed faithful service therein for twenty-five
years as aforesaid shall, at any time after attaining the age
of sixty and before attaining the age of seventy, be retired
at his request and shall, on attaining the age of seventy, be
retired without any request on his part, and no other per-
manent member of said department shall remain in service
after he has attained or shall attain the age of seventy.
Every, — so as to read as follows: — Section 83. In every Pensions for
city, except Boston, which, by vote of its city council, accepts certaindties.
this section or has accepted corresponding provisions of
earlier laws, the mayor and aldermen, or the board of police
where such a board is established, shall, at his own request
or at the request of the chief or superintendent of police
if, in the judgment of said board or officer, he is disabled for
useful service in said department, retire from active service
and place upon a pension roll any member of the police de-
partment of such city whom the city physician of such city
certifies in writing to be permanently disabled, mentally or
physically, by injuries sustained through no fault of his own
in the actual performance of duty, from further performing
duty as such member, or any member of said department
who has performed faithful service therein for not less than
twenty years continuously if, in the judgment of said board
or officer, such member is disabled for useful service in the
department; provided, that any permanent member of said
department who has performed faithful service therein for
twenty-five years as aforesaid shall, at any time after
attaining the age of sixty and before attaining the age of
seventy, be retired at his request and shall, on attaining the
age of seventy, be retired without any request on his part,
and no other permanent member of said department shall
remain in service after he has attained or shall attain the
age of seventy. Every member so retired shall annually
receive as a pension one half the amount of compensation
received by him at his retirement, such amount to be paid
by the city, which shall appropriate money therefor.

The board of police, or the mayor in cities having no such
board, may in an emergency call upon any person so pen-
sioned for such temporary service in the department as he
may be fitted to perform, and during such service he shall
be entitled to full pay.

Section 3. Section eighty-five of said chapter thirty-two, g. l. (Xer.
as so appearing, is hereby amended by striking out the ameAded. ^'^'
second sentence and inserting in place thereof the following:
— Any permanent member of either of said departments
who has performed faithful service therein for twenty-five
years as aforesaid shall, at any time after attaining the age
of sixty and before attaining the age of seventy, be retired
at his request and shall, on attaining the age of seventy, be
retired without an}'- request on his part, and no other per-
manent member of either of said departments shall remain
in service after he has attained or shall attain the age of

604

Acts, 1936. — Chap. 440.

Pensions for
police and
firemen in
towns.

G. L. (Ter.
Ed,), 32, § 90.
amended.

Certain laws
not to apply-
to aged police
or firemen.

seventy, — so as to read as follows : — Section 85. The
selectmen of every town which accepts this section or has
accepted corresponding provisions of earlier laws by a two
thirds vote at an annual town meeting shall retire from
active service and place upon the pension roll any per-
manent member of the poHce department and any permanent
member of the fire department of such town found by
them to be permanently incapacitated, mentally or phys-
ically, for useful service in the department to which he
belongs, by injuries received through no fault of his own in
the actual performance of his duty. Any permanent mem-
ber of either of said departments who has performed faithful
service therein for twenty-five years as aforesaid shall, at
any time after attaining the age of sixty and before attain-
ing the age of seventy, be retired at his request and shall, on
attaining the age of seventy, be retired without any request
on his part, and no other permanent member of either of
said departments shall remain in service after he has at-
tained or shall attain the age of seventy. If a permanent
member of the police department of such a town was, prior
to the establishment of a police department therein, em-
ployed in said town as a police officer by appointment under
section ninety-six of chapter forty-one, the period of such
appointment shall be counted as a part of his continuous
service as a permanent member of its police department.
Every person so retired shall annually receive from the
town as a pension a sum equal to one half of the annual
compensation received by him at his retirement. The se-
lectmen may in an emergency call upon any person so pen-
sioned for such temporary service in the department from
which he was retired as they may deem him fitted to per-
form, and during such service he shall be entitled to full
pay.

Section 4. Said chapter thirty-two is hereby further
amended by striking out section ninety, as appearing in the
Tercentenary Edition, and inserting in place thereof the
following : — Section 90. No provision of section forty-two A,
forty-two B, forty-three or forty-five of chapter thirty-one,
or of section three of chapter two hundred and forty-two of
the acts of nineteen hundred and twenty-three, shall apply
in cities or towns in the case of members of police or fire
departments whose services are terminated by retirement on
pension or otherwise by reason of having attained age
seventy. Approved July 2, 1936.

ChavA4:0 An Act to apportion and assess a state tax of ten

MILLION DOLLARS.

Emergency
preamble.

Whereas, A delay in the taking effect of this act would
cause great inconvenience in the collection of the state tax,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public conven-
ience.

Acts, 1936. — Chap. 440. 605

Be it enacted, etc., as follows:

Section 1. There shall be a state tax for the current
year amounting in the aggregate to ten million dollars.
The cities and towns in the commonwealth shall be assessed
and charged with, and shall pay, said tax in the proportions
established for them, respectively, by chapter three of the
acts of nineteen hundred and thirty-five. The comptroller
shall, as soon as may be, prepare a schedule showing the sum
with which each city and town is charged in accordance
herewith and transmit the same to the commissioner of
corporations and taxation, who shall verify the sums ap-
pearing in such schedule and as soon as may be thereafter
shall certify it as so verified to the state treasurer. A copy
of the schedule as so verified shall be kept in the office of
said commissioner and shall be open to pubhc inspection.

Section 2. Upon receipt by the state treasurer from said
commissioner of said schedule as verified and certified by
him, said treasurer shall forthwith send his warrants to the
selectmen or assessors of each city and town taxed as afore-
said, requiring them respectively to assess in the manner
provided in section twenty-one of chapter fifty-nine of the
General Laws, as most recently amended by section two of
chapter three hundred and seveuty-six of the acts of the
current year, the sum so charged, and any other taxes or
charges which may be due and payable to the commonwealth
as specifically provided by law or as certified to him by the
proper state board, department or commission, and to add
the amount of such taxes and charges to the amount of city,
town and county taxes to be assessed by them respectively
on each city and town.

Section 3. The state treasurer in his warrant shall re-
quire the selectmen or assessors to pay, or issue severally
their warrant or warrants requiring the treasurers of their
several cities and towns to pay, to the state treasurer, on
or before November twentieth in the current year, the sums
with which their respective cities and towns are charged as
provided in section one; and the selectmen or assessors,
respectively, shall return a certificate of the names of the
treasurers of their several cities and towns, with the sum
which each may be required to collect, to the state treasurer
at some time before September first in the current year.

Section 4. If the amount due from any city or town, as
provided in this act, is not paid to the state treasurer within
the time specified, the state treasurer shall notify the treas-
urer of such delinquent city or town, who shall pay into the
treasury of the commonwealth, in addition to the tax, such
further sum as would be equal to one per cent per month
during the delinquency from and after November twentieth
of the current year; and if the same remains unpaid after
December first of the current year, an information may be
filed by the state treasurer in the supreme judicial court, or
before any justice thereof, against such delinquent city or

606 Acts, 1936. — Chap. 440.

town; and upon notice to such city or town, and a summary
hearing thereon, a warrant of distress may issue against
such city or town to enforce the payment of said taxes under
such penalties as the court, or the justice thereof before whom
the hearing is had, shall order. The state treasurer may de-
duct at any time itrom any moneys which may be due from
the commonwealth to any city or town the whole or any
part of the tax herein apportioned or any other tax or charge
which may be due to the commonwealth from such city or
town, with the interest accrued thereon.

Approved July 2, 1936.

RESOLVES

Resolve validating the acts of Caroline e. cooper of ni.r.^ i

PITTSFIELD AS A NOTARY PUBLIC. ^'

Resolved, That the acts of Caroline E. Cooper of Pittsfield
as a notary public, between March twenty-first, nineteen
hundred and thirty-five, and October fifteenth, nineteen
hundred and thirty-five, both dates inclusive, are hereby
confirmed and made valid to the same extent as if during
said time she had been qualified to discharge the duties of
said office. Ay-proved February 6, 1936.

Resolve validating the acts of edmond f. dagnino of rjhnjj o

STONEHAM AS A NOTARY PUBLIC. ^'

Resolved, That the acts of Edmond F. Dagnino of Stone-
ham as a notary public, between August twenty-ninth,
nineteen hundred and thirty-five, and December twenty-
first, nineteen hundred and thirty-five, both dates inclusive,
are hereby confirmed and made valid to the same extent
as if during said time he had been qualified to discharge the
duties of said office. Approved February 21, 1936.

Resolve providing for an investigation by the judicial

COUNCIL relative TO A STANDARD FORM OF TAX TITLE
DEED.

Resolved, That the judicial council be requested to investi-
gate the subject matter of current house document numbered
six hundred and seventy-five, relative to establishing a stand-
ard short form of tax title deed, and to include its conclusions
and recommendations in relation thereto, with drafts of such
legislation as may be necessary to give effect to such recom-
mendations, including therein a standard short form of such
a deed, in its annual report for the current year.

Approved February 28, 1936.

Resolve authorizing the department of public health
to make tentative rules and regulations to protect
the purity of interstate waters used as sources of
public drinking water supply.

Resolved, That, for the purpose of protecting the purity of
interstate waters used as sources of public drinking water
supply, and with a view to reciprocal action by adjoining
states for the benefit of this commonwealth, the department

Chap.

608 Resolves, 1936. — Chaps. 5, 6.

of public health is hereby authorized, at the request of the
department of health, or official body having similar powers
and duties, of an adjoining state, to prepare tentative rules
and regulations for the protection of the purity of the waters
of any lakes, ponds, streams and reservoirs, within any
specified drainage area in the commonwealth, tributary to
any pubhc drinking water supply for such adjoining state.
Tentative rules and regulations relative to any such area
prepared under authority of this resolve shall be included by
said department of public health in a report which it shall
present to the general court for its action thereon.

Approved February 28, 1936.

Chap. 5 Resolve reviving and continuing the special commis-
sion ESTABLISHED TO INVESTIGATE RELATIVE TO THE DIS'
CHARGE OF SEWAGE INTO BOSTON HARBOR AND ITS TRIBU-
TARY WATERS AND RELATIVE TO CERTAIN RELATED MATTERS.

Resolved, That the unpaid special commission, established
under chapter forty-two of the resolves of nineteen hundred
and thirty-five for investigating relative to the discharge of
sewage into Boston harbor and its tributary waters and rela-
tive to certain related matters, is hereby revived and con-
tinued, and the final report of said commission, together with
drafts of legislation necessary to carry its recommendations
into effect, shall be filed with the clerk of the house of repre-
sentatives on or before the first Wednesday of December in
the current year. For the purposes of this resolve, said com-
mission may expend the unexpended balance of the amount
appropriated by item seven hundred and sixteen a of chapter
four hundred and ninety-seven of the acts of nineteen hun-
dred^and-thirty-five. Approved March 7, 1936.

Chap. 6 Resolve providing for an investigation relative to

THE ADVISABILITY OF RESTRICTING OR OTHERWISE MODI-
FYING certain RIGHTS AND POWERS OF THE SALEM AND
BEVERLY WATER SUPPLY BOARD.

Resolved, That the attorney general or an assistant to be
designated by the attorney general, the chairman of the
Salem and Beverly water supply board and the commis-
sioner of public health or an assistant to be designated by
said commissioner, acting as a special commission, without
additional compensation, are hereby authorized and directed
to investigate relative to the advisabilit}^ of restricting or
otherwise modifying the rights and powers of the Salem and
Beverly water supply board to acquire lands, rights of way
and easements within the towns of Topsfield, Danvers,
Wenham and Hamilton in connection with the furnishing of
water by said board to the cities of Salem and Beverly as
authorized by chapter seven hundred of the acts of nine-
teen hundred and thirteen. Said investigation shall be con-
ducted by said commission particularly with a view to the

Resolves, 1936. — Chaps. 7, 8, 9. 609

protection of the interests of property owners adversely
affected by the long continuance of the rights and powers
vested in said board as aforesaid and the failure of said
board to exercise the same. Said commission shall hold
hearings at which all parties interested may appear, shall
have the power to summon witnesses, require the produc-
tion of books, records, contracts and papers, and require
the giving of testimony under oath, relative to any matter
investigated by it under authority of this resolve, and shall
report to the general court the results of its investigation,
and its recommendations, if any, together with drafts of
legislation necessary to carry its recommendations into
effect, by filing the same with the clerk of the house of
representatives on or before the first Wednesday of De-
cember in the current year. Approved March 12, 1936.

Chap,

Resolve providing for a proclamation by the governor
relative to lowell centennial week, so called, in
the current year.

Resolved, That the governor is hereby requested to issue
a proclamation designating as Lowell Centennial Week the
week commencing on March twenty-ninth in the current
year. Approved March 23, 1936.

Resolve providing for an investigation by the judi- (JJi^j) g

CIAL COUNCIL relative TO PROVIDING FOR THE BRINGING
IN OF THIRD PARTIES AND AVOIDING CIRCUITY OF ACTION
IN ACTIONS AT LAW.

Resolved, That the judicial council be requested to in-
vestigate the subject matter of current senate document
numbered two hundred and ninety-seven, relative to pro-
viding for the bringing in of third parties and avoiding cir-
cuity of action in actions at law, and to include its conclu-
sions and recommendations in relation thereto, with drafts
of such legislation as may be necessary to give effect to the
same, in its annual report for the current year.

Approved April 4, 1936.

Resolve providing for a proclamation by the governor
relative to dedham tercentenary week, so called,
in the current year.

Resolved, That the governor is hereby requested to issue
a proclamation designating as Dedham tercentenary week
the week commencing on September fourteenth and ending
on September twentieth of the current year, in commemora-
tion of the three hundredth anniversary of the founding of
the town of Dedham. Approved April 8, 1936.

Chap.

610 Resolves, 1936. — Chaps. 10, 11, 12, 13.

Chap. 10 Resolve validating the acts of Arthur v. harper of

WEYMOUTH AS A JUSTICE OF THE PEACE.

Resolved, That the acts of Arthur V. Harper of Weymouth
as a justice of the peace, between November eighteenth,
nineteen hundred and thirty-two, and March twenty-
seventh, nineteen hundred and thirty-six, both dates inclu-
sive, are hereby confirmed and made vaUd to the same
extent as if during said time he had been quahfied to dis-
charge the duties of said office.

Approved April 25, 1936.

Chap. 11 KeSOLVE providing for THE REVOCATION OF THE SENTENCE
OF EXPULSION OF ROGER WILLIAMS PASSED BY THE GEN-
ERAL COURT OF MASSACHUSETTS BAY COLONY IN SIXTEEN
HUNDRED AND THIRTY-FIVE.

Resolved, That, in so far as it is constitutionally compe-
tent for the general court to revoke the sentence of expul-
sion passed against Roger Williams by the general court of
Massachusetts Bay Colony in the year sixteen hundred and
thirty-five, the same is hereby revoked.

Approved April 30, 1936.

Chap. 12 Resolve providing for an investigation relative to

THE EXTENSION OF THE RAPID TRANSIT SYSTEM FROM
SULLIVAN SQUARE TO A POINT IN OR NEAR MEDFORD
SQUARE.

Resolved, That the division of metropolitan planning of the
metropohtan district commission is hereby authorized and
directed to investigate the advisability and necessity of ex-
tending the rapid transit system of the Boston Elevated
Railway Company from the Sullivan square station of said
company along the line of the Medford branch of the Port-
land division of the Boston and Maine Railroad to a point
in or near Medford square in the city of Medford. Said divi-
sion of metropolitan planning shall report to the general
court the results of its investigation, and its recommenda-
tions, if any, together with drafts of legislation necessary to
carry its recommendations into effect, by filing the same with
the clerk of house of representatives on or before the first
Wednesday of December in the current year.

Approved May 19, 1936.

Chap. 13 Resolve in favor of the town of hudson.

Resolved, That the department of education is hereby
authorized to approve the payment to the town of Hudson,
out of that part of the proceeds of the tax on incomes avail-
able for educational purposes under chapter seventy of the
General Laws, of^the^sum of twenty-two hundred and ten
dollars, being the aggregate amount, in addition to the sums

Resolves, 1936. — Chaps. 14, 15, 16. 611

already received, which said town would have received in
the year nineteen hundred and thirty-four, under authority
of said chapter seventy, except for errors in the claims for
reimbursement filed with said department.

Approved May 19, 1936.

Resolve providing for an investigation by the metro- (JJi^j) 14

POLITAN district COMMISSION RELATIVE TO THE CONSTRUC-
TION OF A BEACH AND PUBLIC BATH HOUSE AND THE MAK-
ING OF OTHER IMPROVEMENTS AT HARDY POND IN THE
LAKEVIEW SECTION OF THE CITY OF WALTHAM.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current house document numbered seven hundred
and forty-one, relative to the construction of a beach and
public bath house and the making of other improvements at
Hardy pond in the Lakeview section of the city of Waltham.
Said commission shall report to the general court the results
of its investigation and its recommendations, including esti-
mates of cost and drafts of legislation necessary to carry said
recommendations into effect, by filing the same with the clerk
of the house of representatives on or before the first Wednes-
day of December in the current year.

Approved May 19, 1936.

Resolve providing for an investigation by the depart- njif^y \r.

MENT OF PUBLIC WORKS RELATIVE TO IMPROVING HARBOR ^'

AND TERMINAL FACILITIES IN THE CITY OF FALL RIVER.

Resolved, That the department of public works is hereby
authorized and directed to investigate the subject matter of
current house document numbered six hundred and seven-
teen relative to providing for the improvement of harbor and
terminal facilities in the city of Fall River. Said department
shall report to the general court the results of its investiga-
tion, and its recommendations, if any, together with estimates
of cost and drafts of legislation necessary to carry said recom-
mendations into effect, by fihng the same with the clerk of
the house of representatives on or before the first Wednesday
of December in the current year.

Approved May 19, 1936.

Resolve in favor of the widow of the late leo m. Chav. 16

BIRMINGHAM.

Resolved, That, for the purpose of promoting the public
good and in consideration of his long and meritorious service
in the general court of this commonwealth, there be allowed
and paid out of the treasury of the commonwealth to the
widow of the late Leo M. Birmingham, who died while a
member of the present house of representatives, the salary
to which he would have been entitled had he lived and served
until the end of the current session.

Approved May 21, 1936.

612 Resolves, 1936. — Chaps. 17, 18.

Chap. 17 Resolve in favor of the widow of the late john l.

GLEASON.

Resolved, That, for the purpose of promoting the piibHc
good and in consideration of his meritorious service in the
general court of this commonwealth, there be allowed and
paid out of the treasury of the commonwealth to the widow
of the late John L. Gleason, who died while a member of the
present house of representatives, the balance of the salary
to which he would have been entitled had he hved and
served until the end of the current session.

Approved May 21, 1936.

Chap. 18 Resolve providing for an investigation by the metro-
politan DISTRICT commission, THE METROPOLITAN DIS-
TRICT WATER SUPPLY COMMISSION AND THE DEPARTMENT
OF PUBLIC HEALTH RELATIVE TO THE SETTING OFF OF A
PORTION OF LAKE COCHITUATE IN THE TOWN OF NATICK
FOR BOATING AND FISHING.

Resolved, That the metropolitan district commission, the
metropolitan district water supply commission and the de-
partment of public health, acting as a joint board, are
hereby authorized and directed to investigate methods of
setting off from Lake Cochituate in the town of Natick a
portion thereof for use for boating and fishing, in such man-
ner as to prevent any of the waters of the portion so set off
from entering the remaining portions reserved as an emer-
gency water supply for the metropolitan water district, by
the construction of dams, dikes, spillwaj^s, channels or other
works, and to investigate relative to the cost of the same,
including the amount of damage to property, and relative
to other matters pertaining to the project, including all ques-
tions relating thereto. Said joint board may make such
surveys and borings and do such other preliminary work on
public or private lands as it may deem necessary or desir-
able, doing as little damage as possible; and any person
whose property is injured thereby may recover therefor from
the commonwealth under chapter seventy-nine of the Gen-
eral Laws. For the purpose of carrying out the provisions
of this resolve, said joint board shall proceed with the respec-
tive organizations of said commissions and said department
in the manner provided by chapter three hundred and
seventy-five of the acts of nineteen hundred and twenty-six,
chapter three hundred and twenty-one of the acts of nine-
teen hundred and twenty-seven, and chapter one hundred
and eleven of the General Laws. The funds provided for
metropolitan water supply purposes by said chapter three
hundred and seventy-five and said chapter three hundred
and twenty-one, and acts in amendment thereof and in
addition thereto, are hereby made available for carrying out
the purposes of this resolve. Said joint board shall report

Resolves, 1936. — Chaps. 19, 20. 613

to the general court the results of its investigation and its
recommendations relative thereto, together with plans and
estimates of the cost of any changes in existing works and
of any new works that it may deem necessary or desirable,
and drafts of legislation necessary to carry its recommenda-
tions into effect, by filing the same with the clerk of the
house of representatives on or before the first Wednesday
in December in the year nineteen hundred and thirty-six.

Approved May 22, 1936.

Resolve authorizing an investigation by the depart- (Jfidq)^ \g

MENT OF agriculture RELATIVE TO INCREASING THE SALE
AND CONSUMPTION OF MASSACHUSETTS APPLES.

Resolved, That the department of agriculture is hereby
authorized and directed to investigate and studj'- the circum-
stances surrounding the growing and marketing, by farmers
and others within the commonwealth, of Massachusetts
apples, with a view to increasing their sale and consumption.
Said department shall report to the general court its findings,
and its recommendations, if any, together with drafts of
legislation necessary to carry said recommendations into
effect, by filing the same with the clerk of the senate on or
before the first Wednesday of December in the current year.

Approved May 22, 1936.

Resolve providing for an investigation relative to (JJiap. 20

THE ADVISABILITY OF EXTENDING THE RAPID TRANSIT
system of the BOSTON ELEVATED RAILWAY COMPANY
FROM THE EVERETT STATION IN THE CITY OF EVERETT TO
MALDEN SQUARE IN THE CITY OF MALDEN.

Resolved, That the division of metropolitan planning of
the metropolitan district commission is hereby authorized
and directed to investigate the advisability of extending the
rapid transit system of the Boston Elevated Railway Com-
pany from the Everett station of said system in the city of
Everett through said city via Broadway to Glendale square
therein, thence via Ferry street to Maiden square in the city
of Maiden, and of providing motor bus transportation on
surface routes of said company in said cities making con-
nections with said rapid transit system so extended.

Said division shall report to the general court the results
of its investigation, including estimates of costs, and also its
.recommendations, if any, together with drafts of such legis-
lation as may be necessary to carry its recommendations
into effect, by filing the same with the clerk of the house of
representatives on or before December first in the current
year. Approved May 22, 1936.

614 Resolves, 1936. — Chaps. 21, 22, 23.

Chap. 21 Resolve providing for an investigation by the division
OF metropolitan planning relative to the advisa-
bility OF extending the rapid transit system of the
boston elevated railway company in the city of bos-
ton through the ROXBURY crossing and JAMAICA PLAIN

districts to the forest hills district of said city.

Resolved, That the division of metropoHtan planning of the
metropoHtan district commission is hereby authorized and
directed to investigate the advisabihty of extending the rapid
transit system of the Boston Elevated Railway Company in
the city of Boston from the southerly terminus of the Wash-
ington street tunnel, or by a tunnel from Copley square, to a
point connecting with the location of the New York, New
Haven and Hartford Railroad, thence along said railroad
location through the Roxbury Crossing and Jamaica Plain
districts of said city to the Forest Hills district thereof. Said
division shall report to the general court the results of its
investigation, and its recommendations, if any, together with
estimates of cost and drafts of legislation necessary to carry
its recommendations into effect, by filing the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved May 22, 1936.

Chap. 22 Resolve providing for the payment of certain notes of

THE commonwealth.

Resolved, That the state treasurer is hereby authorized to
charge the surplus of direct debt sinking fund revenue in the
treasury of the commonwealth and credit the sinking fund
securities with a sum sufficient to pay the principal of two
notes of the commonwealth now held in the sinking fund
securities, one being in the amount of two hundred thousand
dollars issued under chapter two hundred and thirty-six of
the acts of nineteen hundred and thirty-one and the other
in the amount of five hundred and sixty-four thousand seven
hundred and fifty dollars issued under chapter two hundred
and sixty-eight of the acts of said year, which notes matured
on November thirtieth, nineteen hundred and thirty-two, and
now remain unpaid. Approved May 22, 1936.

Chap. 23 Resolve providing for an investigation by the metro-
politan DISTRICT commission RELATIVE TO THE IMPROVE-
MENT FOR ATHLETIC AND RECREATIONAL PURPOSES OF CER-
TAIN LAND OF THE COMMONWEALTH ALONG THE CHARLES
RIVER IN THE BRIGHTON DISTRICT OF THE CITY OF BOSTON.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current house document numbered fourteen hun-
dred and eighty-eight, relative to the improvement for

Resolves, 1936. — Chaps. 24, 25. 615

athletic and recreational purposes of certain land of the
commonwealth along the Charles river in the Brighton dis-
trict of the city of Boston. Said commission shall report to
the general court the results of its investigation and its
recommendations, including estimates of cost and drafts of
legislation necessary to carry said recommendations into
effect, by filing the same with the clerk of the house of repre-
sentatives on or before the first Wednesday of December
in the current year. Approved May 22, 1936.

Resolve in aid of the grand army of the republic, Q^kuj 24
department of massachusetts.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth a sum not
exceeding one thousand dollars, in addition to any unex-
pended balance remaining from any amount heretofore ap-
propriated for the same purpose, to aid in defraying the
expenses of the Grand Army of the Republic, Department
of Massachusetts. Payments for such aid shall be made
upon the presentation to the comptroller of vouchers there-
for, approved by the assistant adjutant general and the com-
mander of said department. Approved May 22, 1936.

Resolve providing for the compiling, printing and (JJidj) 25

DISTRIBUTION OF THE LAWS OF THE COMMONWEALTH
relating TO VETERANS AND THEIR ORGANIZATIONS.

Resolved, That the state secretary shall cause the laws of
the commonwealth, including those enacted in the current
year, relating to veterans, and to their organizations, to be
compiled, indexed and annotated, and shall cause to be
printed in pamphlet form an edition of not more than fif-
teen thousand copies of such compilation, and shall distrib-
ute them as follows: To such free public libraries of the
commonwealth as the state secretary shall designate, to
such other free public libraries as shall make written appli-
cation therefor, to each post, camp or other organization of
such veterans within the commonwealth, and to the national
headquarters of such organizations, one copy each; to
the headquarters of the Massachusetts Department of the
Grand Army of the Republic, The American Legion, the
United Spanish War Veterans and the Veterans of Foreign
Wars of the United States, not exceeding one hundred
copies each. The remaining copies shall be distributed by
the state secretary in the manner provided for the distribu-
tion of public documents. To carry out the provisions of
this resolve, the state secretary may expend such amount,
not exceeding six hundred and fifty dollars, as the general
court may appropriate. Approved May 22, 1936.

616 Resolves, 1936. — Chaps. 26, 27.

Chap. 26 Resolve providing for an investigation by the met-
ropolitan DISTRICT COMMISSION RELATIVE TO CERTAIN
roadway, WATERWAY AND BRIDGE IMPROVEMENTS,

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current senate document numbered one hundred
and forty-five, relative to the improvement of Alewife brook
in Cambridge, Somerville and Arlington, of current senate
documents numbered two hundred and twenty-three and
three hundred and thirteen, relative to the construction of
certain roadways in Medford, of current senate document
numbered three hundred and fourteen, relative to the im-
provement of the Mystic river in Medford and relative to
road traffic conditions near said river, and of current senate
document numbered three hundred and fifteen, relative to
the reconstruction of the Mystic river bridge, so called, in
Medford and Arlington. Said commission may expend for
the purposes of this resolve such sum, not exceeding seven
hundred and fifty dollars, as may hereafter be appropriated
therefor, and shall report to the general court the results of
its investigations and its recommendations, including esti-
mates of cost and drafts of legislation necessary to carry said
recommendations into effect, by filing the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved May 22, 1936.

Chap. 27 Resolve providing for an investigation by a special

COMMISSION RELATIVE TO THE INCORPORATION AND CON-
DUCT OF AGRICULTURAL AND OTHER CO-OPERATIVE COR-
PORATIONS.

Resolved, That a special commission, to consist of the
attorney general, the commissioner of corporations and
taxation and the commissioner of agriculture, is hereby
established to investigate the subject matter of current
house documents numbered thirteen hundred and fifty, thir-
teen hundred and fifty-one and fourteen hundred and one,
relative to the incorporation and conduct of agricultural and
other co-operative corporations. Any member of the com-
mission, if he so elects, may designate an officer or employee
in his department to serve in his place on said commission.
The commission shall report to the general court the results
of its investigation, and its recommendations, if any, to-
gether with drafts of legislation necessary to carry said
recommendations into effect, by filing the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved May 26, 1936.

Resolves, 1936. — Chaps. 28, 29, 30. 617

Resolve providing for an investigation by the depart- Chap. 28

MENT of labor AND INDUSTRIES RELATIVE TO THE EM-
PLOYMENT OF MINORS BETWEEN THE AGES OF SIXTEEN
AND EIGHTEEN.

Resolved, That the department of labor and industries
shall investigate the question of what trades, processes of
manufacture and occupations, and particular methods of
carrying on the same, from which minors under the age of
sixteen are now excluded by law, are so dangerous or so In-
jurious to the health of minors between the ages of sixteen
and eighteen that such minors ought also to be excluded
therefrom. Said department may expend for the purposes
of this resolve such sum, not exceeding one thousand dollars,
as may hereafter be appropriated therefor, and said depart-
ment shall report to the general court its findings and
recommendations, with drafts of legislation necessary to
carry its recommendations into effect, by filing the same
with the clerk of the house of representatives not later than
the first Wednesday of December in the current year.

Approved May 25, 1936.

Resolve providing for an investigation and study by (Jfinj) OQ

THE division OF METROPOLITAN PLANNING RELATIVE TO
THE EXTENSION OF RAPID TRANSIT FACILITIES IN THE
EAST BOSTON DISTRICT OF THE CITY OF BOSTON.

Resolved, That the division of metropolitan planning of
the metropolitan district commission is hereby authorized
and directed to investigate and study the subject matter of
current house documents numbered one hundred and forty-
one and sixteen hundred and sixteen, relative to the exten-
sion of rapid transit facilities in the East Boston district of
the city of Boston. Said division shall report to the general
court the results of its investigation and study, and its
recommendations, if any, together with drafts of legislation
necessary to carry said recommendations into effect, by
filing the same with the clerk of the house of representatives
on or before the first Wednesday of December in the current
year. Approved May 25, 1936.

Resolve providing for an investigation by the metro- Qhav 30

POLITAN district COMMISSION RELATIVE TO THE ACQUISI-
TION OF CERTAIN LANDS IN BROOKLINE AND NEWTON FOR
PARK RESERVATION PURPOSES.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current house document numbered seven hundred
and forty-two, relative to the acquisition by said commis-
sion of certain lands in the town of Brookline and the
city of Newton for park reservation purposes. Said com-
mission shall report to the general court the results of its

618 Resolves, 1936. — Chaps. 31, 32, 33.

investigation and its recommendations, including estimates
of cost and drafts of legislation necessary to carry said
recommendations into effect, by filing the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved May 25, 1936.

Chap. 31 Resolve providing for the payment of a sum of money

BY the commonwealth TO THE TOWN OF CLINTON ON
ACCOUNT OF CERTAIN STATE AND MILITARY AID FURNISHED
BY SAID TOWN.

Resolved, That, after an appropriation therefor has been
made, there shall be paid from the treasury of the common-
wealth to the town of Clinton such sum, not exceeding
thirty-seven hundred dollars, as shall be determined by the
commissioner of state aid and pensions to be due from the
commonwealth to said town on account of state and mili-
tary aid furnished by said town between June first, nineteen
hundred and thirty-three and December thirty-first, nine-
teen hundred and thirty-four, both dates inclusive.

Approved May 25, 1936.

Chav. 32 Resolve reviving and continuing the special commis-
sion ON PUBLIC HEALTH LAWS AND POLICIES AND EN-
LARGING the scope of its INVESTIGATION.

Resolved, That the unpaid special commission, estab-
lished under chapter eleven of the resolves of nineteen
hundred and thirty-five for the purpose of studying and
investigating the public health laws and policies of the
commonwealth, is hereby revived and continued for the
purposes specified in said chapter and also to study and
investigate the subject matter of current senate docu-
ment numbered three hundred and twenty-one, relative to
the construction of a new hospital for the treatment of
infantile paralysis and arthritis. The final report of said
commission shall be filed with the clerk of the house of
representatives on or before the first Wednesday of De-
cember in the current year. Approved May 25, 1936.

ChaV' 33 Resolve authorizing the state treasurer to receive

AND invest funds FOR THE PERPETUAL CARE OF LOTS IN
QUABBIN PARK CEMETERY IN THE TOWN OF WARE.

Resolved, That the state treasurer is hereby authorized to
receive, hold and invest such funds as may be turned over
to him from time to time by the metropolitan district water
supply commission, or by others, for the perpetual care of
cemetery lots in Quabbin Park cemetery in the town of
Ware containing remains originally buried in said cemetery
or removed thereto from other cemeteries. Said funds shall
be held as a special fund to be entitled "Perpetual Care

Resolves, 1936. — Chaps. 34, 35. 619

of Lots in Quabbin Park Cemetery, Ware, Massachusetts".
The state treasurer shall be held responsible for the faithful
management of said trust funds as in the case of other
trust funds held by him in his official capacity.

Upon the completion of said cemetery and the transfer
thereof as provided in section nine of chapter three hun-
dred and twenty-one of the acts of nineteen hundred and
twenty-seven, the state treasurer shall turn over such fund,
together with any accumulations thereon, to the trustees,
persons, municipality or public officials to whom said ceme-
tery shall be transferred as aforesaid. Until such transfer,
he shall pay the income accruing on any such funds re-
ceived by him to the said metropolitan district water sup-
ply commission for the perpetual care uses for which the
respective funds were created. Approved June 2, 1936.

Resolve providing for an investigation by the metro- (Jfidrf 34

POLITAN district COMMISSION RELATIVE TO THE AD VISA-
BILITY OF CONSTRUCTING AND MAINTAINING A BATH HOUSE
AT LAKE QUANNAPOWITT IN THE TOWN OF WAKEFIELD.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current house document numbered ten hundred
and eight}'^, relative to the construction and maintenance
by said commission of a bath house at Lake Quannapowitt
in the town of Wakefield. Said commission shall report to
the general court the result of its investigation, and its
recommendations, if any, together with estimates of cost
and drafts of legislation necessary to carry said recommen-
dations into effect, by filing the same with the clerk of the
house of representatives on or before the first Wednesday
of December in the current year.

Approved June 3, 1936.

Resolve in favor of ferender c. negus of quincy. Chav 35

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises and after
an appropriation has been made therefor, there be allowed
and paid out of the treasury of the commonwealth to Feren-
der C. Negus of Quincy such sum, not exceeding ninety-two
dollars, as may be approved by the governor and council,
to reimburse him for money expended by him for legal serv-
ices and doctor's bills and in the settlement of damages as-
sessed against him in connection with legal proceedings
against him arising out of an accident on October thirtieth,
nineteen hundred and thirty, in which was involved a motor
vehicle owned by the commonwealth and operated by said
Negus in the performance of his duties as an employee of the
department of public works. Approved June 3, 1936.

620 Resolves, 1936. — Chaps. 36, 37, 38.

Chap. 36 Resolve authorizing expenditures by the special com-
mission ESTABLISHED TO INVESTIGATE RELATIVE TO THE
discharge of SEWAGE INTO BOSTON HARBOR AND ITS
TRIBUTARY WATERS AND RELATIVE TO CERTAIN RELATED
MATTERS.

Resolved, That the unpaid special commission for investi-
gating relative to the discharge of sewage into Boston har-
bor and its tributary waters and relative to certain related
matters, estabhshed by chapter forty-two of the resolves of
nineteen hundred and thirty-five and revived and continued
by chapter five of the resolves of the current year, may ex-
pend for the purpose of its investigation such sums, not ex-
ceeding eight thousand dollars, as may hereafter be ap-
propriated therefor, in addition to the sums heretofore
authorized to be expended therefor.

Approved June 8, 1936.

Chap. 37 Resolve validating the acts of aal^nda marie coiteux

OF CAMBRIDGE AS A NOTARY PUBLIC.

Resolved y That the acts of Amanda Marie Coiteux of
Cambridge as a notary public, between June twenty-second,
nineteen hundred and twenty-eight, and May fourteenth,
nineteen hundred and thirty-six, both dates inclusive, are
hereby confirmed and made vaHd to the same extent as if
during said time she had been quafified to discharge the
duties of said office. Approved June 3, 1936.

Chap. 38 Resolve providing for an investigation relative to

TAXES IMPOSED BY THE COMMONWEALTH ON AMOUNTS RE-
CEIVED AS WAGERS AT HORSE AND DOG RACING MEETINGS
AT WHICH THE PARI-MUTUEL SYSTEM OF WAGERING IS
PERMITTED.

Resolved, That the state racing commission and the com-
missioner of corporations and taxation, acting jointly, are
hereby authorized and directed to investigate and study
the subject matter of current house documents numbered
one hundred and seven, sixteen hundred and twenty-two
and seventeen hundred and fifty-one, relative to taxes im-
posed by the commonwealth on amounts received as wagers
at horse and dog racing meetings at which the pari-mutuel
system of wagering is permitted, including the amount and
disposition of "breaks". Said commission and commis-
sioner may require by summons the attendance and testi-
mony of witnesses and the production of books, papers,
records and other data relative to the subject matter of
their investigation and study. In making their investiga-
tion and study hereunder, said commission and commis-
sioner shall take into consideration values of franchises,
financial hazards and such other factors as they may deem

Resolves, 1936. — Chaps. 39, 40, 41. 621

relevant. They shall report to the general court the results
of their investigation and study, and their recommenda-
tions, if any, together with drafts of legislation necessary to
carry said recommendations into effect, by filing the same
with the clerk of the house of representatives on or before
the first Wednesday of December in the current year.

Approved June 9, 1936.

Resolve providing for an investigation by the judicial njiQ^j) 39

COUNCIL RELATIVE TO CERTAIN EXPENSES OF THE LAND ^'
court and TO THE APPORTIONMENT OF COURT EXPENSES.

Resolved, That the judicial council be requested to in-
vestigate the subject matter of current house document
numbered fifteen hundred and seventy-nine relative to cer-
tain expenses of the land court and also to investigate the
question of a more equitable apportionment of the expenses
of the courts of the commonwealth, and to include its con-
clusions and recommendations in relation thereto, with
drafts of such legislation as may be necessary to give effect
to the same, in its annual report for the current year.

Approved June 9, 1936.

Resolve in favor of katherine haley. Chap. 40

Resolved, That, for the purpose of discharging a moral
obligation of the commonwealth in the premises and after
an appropriation therefor has been made, there may be
allowed and paid out of the treasury of the commonwealth
to Katherine Haley of Skowhegan, Maine the sum of twelve
hundred and fifty dollars, to compensate her for injuries
received in the performance of her duty as a matron at the
industrial school for girls at Lancaster.

Approved June 9, 1936.

Resolve authorizing the armory commissioners to ac- fhnY) 41

QUIRE LAND IN THE CITY OF NEW BEDFORD FOR ARMORY ^'

PURPOSES.

Resolved, That, after an appropriation has been made,
the armory commissioners are hereby authorized to acquire
for garage and gun emplacement purposes, at a cost not to
exceed ten thousand dollars, certain land northerly of, and
adjacent to, the state armory property in the city of New
Bedford ; and sections forty and forty-one of chapter thirty-
three of the General Laws, as appearing in the Tercentenary
Edition, shall, so far as applicable, apply to proceedings
taken and acts done under authority of this resolve.

Approved June 9, 1936.

622 Resolves, 1936. — Chaps. 42, 43, 44.

Chap. 42 Resolve providing for an investigation by the depart-
ment OF PUBLIC HEALTH RELATIVE TO THE USE OF WADING
RIVER AS A SOURCE OF WATER SUPPLY FOR THE CITY OF
ATTLEBORO.

Resolved, That the department of public health is hereby
authorized and directed to investigate the subject matter
of current house document numbered eleven hundred and
forty-two, relative to the use of Wading river as a source of
water supply for the city of Attleboro. Said department
may expend for said purposes such sum, not exceeding two
hundred and fifty dollars, as may hereafter be appropriated
therefor. Said department shall report to the general court
the results of its investigation, and its recommendations, if
any, together with drafts of legislation necessary to carry
such recommendations into effect, by filing the same with
the clerk of the senate on or before the first Wednesday of
December in the current year. Approved June 9, 1936.

Chap. 43 Resolve in favor of the widow of eugene h. washburn

OF westborough.

Resolved, That, for the purpose of promoting the public
good and after an appropriation therefor has been made,
there be allowed and paid out of the treasury of the com-
monwealth to the widow of Eugene H, Washburn of West-
borough who died from injuries received in the performance
of duty as an employee of the commonwealth the sum of
fifteen hundred dollars. Approved June 9, 1936.

Chap. 44 Resolve providing for the observance of the seventy-
fifth anniversary of the organization and muster-
ing into service of the ninth MASSACHUSETTS INFANTRY.

Whereas, The seventy-fifth anniversary of the organization
and mustering into service of the Ninth Massachusetts
Infantry, now known as the One Hundred and First Regi-
ment of Infantry will occur in June in the current j'^ear; and

Whereas, It is highly fitting that said anniversary should
be observed throughout the commonwealth in testimony of
the commonwealth's appreciation of the valiant and heroic
services rendered by said organization to the state and nation
in the war of the rebellion, in the war with Spain, on the
Mexican border, in the world war and in times of public
disasters and catastrophes; therefore be it

Resolved, That His Excellency the Governor be requested
to issue a proclamation calling for the general observance,
on June fourteenth, nineteen hundred and thirty-six, of the
seventy-fifth anniversary of the organization and mustering
into service of the Ninth Massachusetts Infantry in the dis-
play of the flag and by appropriate exercises, and that His
Excellency the Governor be requested to cause a national
salute to be fired on Boston Common at three o'clock on the
afternoon of said date. Approved June 11, 1936.

Resolves, 1936. — Chaps. 45, 46. 623

Resolve providing for an investigation by the depart- ni.f.^ Ar.

MENT OF conservation RELATIVE TO THE ACQUISITION BY ^ *

THE COMMONWEALTH OF CERTAIN LANDS FOR STATE FOREST
AND PUBLIC RESERVATION PURPOSES.

Resolved, That the department of conservation is hereby
authorized and directed to investigate the subject matter of
current senate document numbered one hundred and twenty-
six and current house documents numbered two hundred and
fifty-three and six hundred and ninety, relative to the ac-
quisition by the commonwealth of certain lands for state
forest and public reservation purposes. Said department
shall report to the general court the results of its investi-
gation, and its recommendations, if any, together with esti-
mates of cost and drafts of legislation necessary to carry
its recommendations into effect, by filing the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved June 11, 1936.

Resolve providing for a survey and study by a special Qhnnj AQ

COMMISSION relative TO THE ADMINISTRATIVE FUNC-
TIONS AND FINANCIAL NEEDS OF THE DIVISION OF FISHERIES
AND GAME OF THE DEPARTMENT OF CONSERVATION,

Resolved, That a special unpaid commission, consisting of
one member of the senate to be designated by the president
thereof, three members of the house of representatives to be
designated by the speaker thereof, the commissioner of con-
servation or an official of his department designated by
him, and the budget commissioner, is hereby estabhshed
for the purpose of making a survey and study of the ad-
ministrative functions and financial needs of the division of
fisheries and game of the department of conservation with
a view to recommending the proper manner of administer-
ing and financing said division, particularly with reference
to the obligations of the commonwealth to contribute money
from the general tax levy to provide hunting and fishing,
and the proper manner of financing the cost of enforcing the
laws of the commonwealth pertaining to fish, birds and
mammals, including therein a survey and study of other
matters in relation thereto. Said commission shall also
consider the subject matter of so much of the governor's
address, printed as current senate document numbered one,
as relates to an appropriation for conserving bird and fish
life and the subject matter of current house document num-
bered six hundred and seventy-three, relative to the further
regulation of appropriations for the use of the department
of conservation. In making its survey and study hereunder,
said commission shall be furnished such clerical and other
assistance by said division as said commission may need.
Said commission shall report to the general court its findings,
and its recommendations, if any, together with drafts of

624 Resolves, 1936. — Chaps. 47, 48.

legislation necessary to carry such recommendations into
effect, by filing the same with the clerk of the house of
representatives on or before the first Wednesday in Decem-
ber in the current year, and the budget commissioner shall
take cognizance of such of said recommendations as pertain
to financial matters. Approved June 16, 1936.

Chap. 47 Resolve providing for an investigation by a special

COMMISSION relative TO THE ADVISABILITY AND FEASI-
BILITY OF THE CONSTRUCTION BY THE TOWN OF EDGAR-
TOWN OF A CHANNEL FROM EDGARTOWN GREAT POND TO
THE OCEAN.

Resolved, That a special unpaid commission, to consist of
the commissioner of public works, the commissioner of con-
servation and the attorney general, is hereby established
to investigate relative to the advisability and feasibility of
authorizing the town of Edgartown to construct a channel
across South Beach in said town from the Great Pond, so
called, therein to the ocean. Any member of said commis-
sion may, if he so elects, designate an officer or employee in
his department who shall serve in his place on said com-
mission. Said commission shall report to the general court
the results of its investigation, and its recommendations, if
any, together with drafts of legislation necessary to carry
its recommendations into effect, by filing the same with the
clerk of the house of representatives on or before the first
Wednesday of December in the current year.

Approved June 16, 1936.

Chap. 48 Resolve providing for an investigation by the metro-
politan DISTRICT WATER SUPPLY COMMISSION AND THE
department of public health RELATIVE TO IMPROVING
THE DISTRIBUTION OF WATER AND MORE ADEQUATELY
PREVENTING POLLUTION OF THE SOURCES OF WATER SUP-
PLY OF THE METROPOLITAN WATER DISTRICT.

Resolved, That the metropolitan district water supply
commission and the department of public health, acting
jointly, are hereby authorized and directed to investigate
methods of improving the distribution of water from the
sources of supply to the metropolitan water district, more
adequately preventing pollution of the sources of water
supply of such district by the construction of pressure tun-
nels, aqueducts or other works, and by the elimination of
sources of pollution, and of protecting the purity of the
water, and to investigate as to the cost of such improvements
and works, the damage to property and other matters per-
taining to the subject, including all questions relating
thereto. Said joint board may make such surveys and bor-
ings and do such other preliminary work on pubhc or private
lands as it may deem necessary or desirable, doing as little
damage as possible and paying for the same. For the pur-

Resolves, 1936. — Chaps. 49, 50. 625

pose of carrying out the provisions of this resolve, said joint
board shall proceed with the respective organizations of
said commission and said department and in the manner
provided by chapter three hundred and seventy-five of the
acts of nineteen hundred and twenty-six, chapter three
hundred and twenty-one of the acts of nineteen hundred
and twenty-seven, and chapter one hundred and eleven of
the General Laws. The funds provided for metropolitan
water supply purposes by said chapter three hundred and
seventy-five and said chapter three hundred and twenty-
one, and any additions thereto or amendments thereof, are
hereby made available for carrying out the purposes of this
resolve. Said joint board shall report to the general court
the results of its investigation and recommendations rela-
tive thereto, together with plans and estimates of the cost
of any changes in existing works and of any new works that
it may deem necessary or desirable, and drafts of legislation
necessary to carry its recommendations into effect, by filing
the same with the clerk of the house of representatives on or
before the first Wednesday in December in the year nine-
teen hundred and thirty-seven. Approved June 16, 1936.

Resolve providing for investigation by the depart- Chap. 49

MENT OF public HEALTH, IN CO-OPERATION WITH THE
FEDERAL WORKS PROGRESS ADMINISTRATION, RELATIVE
TO THE SANITARY CONDITION OF THE BLACKSTONE, HOOSICK,
HOUSATONIC AND NASHUA RIVERS WITHIN THE LIMITS OF
THE COMMONWEALTH.

Resolved, That the department of public health is hereby
authorized and directed to investigate, in co-operation with
the Federal Works Progress Administration, the sanitary
condition of the Blackstone, Hoosick, Housatonic and
Nashua rivers within the limits of the commonwealth. For
said purposes said department may expend for services,
other than personal services, and for traveling expenses,
supplies, materials and equipment, such sums, not exceed-
ing, in the aggregate, eight thousand dollars, as may here-
after be appropriated therefor. Said department shall re-
port its recommendations, if any, together with drafts of
legislation necessary to carry such recommendations into
effect, by filing the same with the clerk of the senate on or
before the first Wednesday of December in the current
year. Approved June 16, 1936.

Resolve providing for the payment from the state fhnqj 50

TREASURY OF THE BALANCE OF THE ESTATE OF THE LATE
MARY LARKIN WHICH HAS ESCHEATED TO THE COMMON-
WEALTH.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth, under
the direction of the attorney general, to such person as shall

626 Resolves, 1936. — Chaps. 51, 52.

hereafter be appointed by the probate court for the county
of Suffolk administrator of the estate not ah'eady adminis-
tered of Mary Larkin, otherwise called Mary Hogan, late
of Boston in said county, deceased, intestate, such sum as
may be found by the attorney general to have been paid
into said treasury as the balance of the assets belonging to
the estate of said deceased person under the provisions of
section ten of chapter one hundred and ninety-four of the
General Laws, notwithstanding the expiration of the time
limited by said section for the recovery of such sum. The
payment of said sum shall be made only upon the filing with
the state treasurer of an agreement signed by such person as
may be appointed by the probate court that the amount,
if any, to be paid for legal services rendered in connection
with the passage of this resolve shall not exceed ten per
cent of said sum. Approved June 16, 1936.

Chap. 51 Resolve providing for a proper representation of

THE COMMONWEALTH AT THE NATIONAL CONVENTION OF
THE YANKEE DIVISION VETERANS ASSOCIATION TO BE HELD
IN THE CITY OF WORCESTER IN THE CURRENT YEAR.

Resolved, That, in order that the commonwealth may be
properly represented at the national convention of the
Yankee Division Veterans Association to be held at Worces-
ter in the current year, after an appropriation has been
made, there may be expended for such purpose, with the
approval and under the direction of the governor and
council, a sum not exceeding three thousand dollars.

Approved June 16, 1936.

Chap. 52 Resolve providing for an investigation by the de-
partment OF conservation relative to THE ACQUISI-
TION OF CERTAIN PROPERTIES IN THE CITIES OF PEABODY
AND TAUNTON AND THE TOWN OF WESTPORT FOR STATE
RESERVATION PURPOSES.

Resolved, That the department of conservation is hereby
authorized and directed to investigate the subject matter
of current house document numbered nine hundred and
ninety-seven, relative to the acquisition by said department
of Sabbatia lake in the city of Taunton, of current house
document numbered nine hundred and ninety-nine, relative
to the development of Blaney meadows and adjacent ter-
ritory in the city of Peabody for state reservation purposes,
and of current house document numbered one thousand,
relative to the acquisition by said department of Horse Neck
beach in the town of Westport and the maintenance thereof
as a state reservation. For said purposes, said department
may expend such sums, not exceeding, in the aggregate,
three hundred dollars, as may hereafter be appropriated
therefor. Said department shall report to the general court

Resolves, 1936. — Chaps. 53, 54. 627

the results of its investigations and its recommendations,
including estimates of cost, and drafts of legislation neces-
sary to carry said recommendations into effect, by filing
the same with the clerk of the house of representatives on
or before the first Wednesday of December in the current
year. Approved June 16, 1936.

Resolve providing for an investigation by the met- QJiqj) 53
ropolitan district commission relative to the ad-
visability of constructing an extension of the
woburn parkway in the city of woburn.

Resolved, That the metropolitan district commission is
hereby authorized and directed to investigate the subject
matter of current senate document numbered one hundred
and forty, relative to the construction by the said commis-
sion of an extension of the Woburn parkway in the city of
Woburn. Said commission shall report to the general court
the results of its investigation, and its recommendations, if
any, together with estimates of cost and drafts of legisla-
tion necessary to carry said recommendations into effect,
by filing the same with the clerk of the house of repre-
sentatives on or before the first Wednesday of December in
the current year. Approved June 19, 1936.

Resolve providing for an investigation by the de- nhrjj^ C4

PARTMENT OF PUBLIC WORKS RELATIVE TO THE CONSTRUC- ^'
TION OF A BREAKWATER AND THE MAKING OF OTHER
IMPROVEMENTS FOR THE PROTECTION OF THE SHORE OF
THE TOWN OF TRURO.

Resolved, That the department of public works is hereby
authorized and directed to investigate the subject matter
of current house document numbered three hundred and
eighty-nine, relative to the construction of a breakwater at
Pond Village Landing at North Truro in the town of Truro.
Said department shall also investigate the advisability of
making such other improvements for protecting the shore
of said town as said department may deem necessaiy or
desirable. Said department shall report to the general court
the results of its investigation, and its recommendations, if
any, together with estimates of cost and drafts of legislation
necessary to carry said recommendations into effect, by fil-
ing the same with the clerk of the house of representatives
on or before the first Wednesday of December in the cur-
rent year. Approved June 19, 1936.

628 Resolves, 1936. — Chaps. 55, 56, 57.

Chap. 55 Resolve to permit the publication by the Massachu-
setts AUDUBON SOCIETY INC. OF MATERIAL CONTAINED IN
THE VOLUMES KNOWN AS " BIRDS OF MASSACHUSETTS AND
OTHER NEW ENGLAND STATES", AND THE ASSIGNMENT
AND TEMPORARY LOAN BY THE COMMONWEALTH TO SAID
SOCIETY OF COPYRIGHTS AND CERTAIN MATERIAL REQUIRED
FOR SUCH PUBLICATION.

Resolved, That the state secretary is hereby authorized
and directed to negotiate with the Massachusetts Audubon
Society Inc., a corporation duly estabhshed under general
law, and its duly authorized representatives regarding the
pubhcation by said corporation of future editions of the
volumes known as "Birds of Massachusetts and other New
England States", or of an abridgment of the same, or of
both such editions and abridgment, to assign to said cor-
poration all privileges protected by the copyrights of said
volumes now owned by the commonwealth, and to provide
for the temporary loan to such corporation of all plates,
photo-engravings, electrotj^pes and other material used in the
printing of the previous editions of the said volumes as may
be necessary to carry out the purposes of this resolve, upon
such terms and conditions, as may be mutually agreed upon
between said secretary and said corporation.

Approved June 19, 1936.

Chap. 56 Resolve providing for the payment from the state

TREASURY OF THE BALANCE OF THE ESTATE OF JOHN
KANE, OTHERWISE KNOWN AS JOHN CAIN, WHICH HAS
ESCHEATED TO THE COMMONWEALTH.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth, under
the direction of the attorney general, to the heirs at law or
next of kin of John Kane, otherwise known as John Cain,
who died in the town of Franklin on November twenty-first,
nineteen hundred and eight, or to their lawful representa-
tives, such sum as may be found by the attorney general to
have been paid into said treasury as the balance of the
assets belonging to the estate of John Kane, otherwise
known as John Cain, under the provisions of section ten of
chapter one hundred and ninety-four of the General Laws,
notwithstanding the expiration of the time limited by said
section for the recovery of such sum.

Approved June 19, 1936.

Chap. 57 Resolve in favor of the town of hopkinton.

Resolved, That, in order that the taxpayers of the town of
Hopkinton may not bear in full the expense incurred by
said town for certain pubhc welfare expenses on unsettled
cases, so called, for the year ending June thirtieth, nineteen

Resolves, 1936. — Chaps. 58, 59. 629

hundred and thirty-four, there shall be allowed and paid to
said town out of the treasury of the commonwealth, subject
to appropriation, the sum of three thousand dollars, the
amount said town would have received in the year nineteen
hundred and thirty-four on account of said expenses except
for the failure of the officials thereof to make a proper and
seasonable appHcation therefor to the proper state authori-
ties. Approved June 19, 1936.

Resolve providing for an investigation by the milk QJi^p^ 58

CONTROL board RELATIVE TO THE ADVISABILITY OF PRO-
HIBITING THE SALE OF SURPLUS MILK, SO CALLED, AT
SUB-STANDARD PRICES.

Resolved, That the milk control board is hereby authorized
and directed to investigate the subject matter of current
senate document numbered ninety-seven, relative to pro-
hibiting the sale of surplus milk, so called, at sub-standard
prices, and to investigate such other matters relating to the
production and sale of milk as said board may deem neces-
sary or desirable. Said board shall report to the general
court the results of its investigation and its recommenda-
tions, if any, together with drafts of legislation necessary
to carry said recommendations into effect, by filing the same
with the clerk of the house of representatives on or before
the first Wednesday of December in the current year.

Approved June 19, 1936.

Resolve providing for an investigation by a special (JJ^q^j) 59

COMMISSION relative TO CERTAIN PROBLEMS ARISING FROM ^'

THE ACQUISITION OR OWNERSHIP OF PROPERTY IN A MU-
NICIPALITY BY THE COMMONWEALTH OR A POLITICAL SUB-
DIVISION THEREOF.

Resolved, That an unpaid special commission, to consist
of the commissioners of corporations and taxation, correc-
tion, conservation, education, public health, mental diseases
and public welfare, is hereby established for the purpose of
investigating the advisability of revising the laws relative
to the reimbursement of municipalities for loss of taxes by
reason of lands therein owned by the commonwealth or a
political subdivision thereof or changing the established prac-
tice of aiding municipalities in which the commonwealth or
any of its political subdivisions acquire property for any
purpose. In making said investigation the commission shall
consider the subject matter of current house documents
numbered three hundred and seventy-two, fifteen hundred
and seventy and seventeen hundred and ninety-nine and
may consider any or all problems or matters in any way
germane to the subject of said investigation. Any of said
commissioners may, if he so elects, designate an officer or
employee in his department who shall serve in his place on
said commission,, Said commission shall report to the gen-

630 Resolves, 1936. — Chaps. 60, 61, 62.

eral court the results of its investigation, and its recommen-
dations, if any, together with drafts of legislation necessary
to carry such recommendations into effect, by filing the same
with the clerk of the house of representatives on or before
the first Wednesday of December in the current year.

Approved June 19, 1936.

Chap. 60 Resolve in favor of clara dumas of Worcester.

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises, and after
an appropriation has been made therefor, there be allowed
and paid out of the treasury of the commonwealth to Clara
Dumas of Worcester the sum of one thousand dollars to
compensate her for the death of her husband, Henry Dumas,
who died January twenty-fourth, nineteen hundred and
thirty-four, in consequence of injuries sustained at the
Worcester state hospital. The payment of said sum shall
be made only upon the filing with the state treasurer of an
agreement signed by said Clara Dumas that the amount, if
any, to be paid for legal services rendered in connection with
the passage of this resolve shall not exceed ten per cent of
said sum. Approved June 19, 1936.

Chap. 61 Resolve in favor of the widow of the late george

BORDEN OF BOSTON.

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises, and after
an appropriation has been made therefor, there be paid out
of the treasury of the commonwealth to Hilda Borden the
sum of one thousand dollars, to compensate her for mental
and physical suffering and losses and expenses sustained and
incurred by her, by reason of the shooting and killing of her
late husband by an officer of the registrar of motor vehicles
in the employ of the commonwealth.

Approved June 19, 1936.

Chap. 62 Resolve in favor of mary leahan of boston.

Resolved, That there be allowed and paid out of the state
treasury to Mary Leahan of Boston the sum of one hundred
dollars, the amount of the state bonus, so called, to which she
would have been entitled on account of the military service
of Edward H. Leahan, who was supported and educated
by her and who died in the military service on October
fourth, nineteen hundred and eighteen, if said Edward H.
Leahan had been legally adopted by her.

Approved June 19, 1936.

Resolves, 1936. — Chaps. 63, 64. 631

Resolve providing for the payment from the state (Jjidj^ 53

TREASURY OF THE BALANCE OF THE ESTATE OF ROBERT B. ^'

NEWMAN WHICH HAS ESCHEATED TO THE COMMONWEALTH.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth, under the
direction of the attorney general, to the heirs at law or next
of kin of Robert B. Newman, who died in the city of Boston
on September first, nineteen hundred and seventeen, or to
their lawful representatives, such sum as may be found by
the attorney general to have been paid into said treasury
as the balance of the assets belonging to the estate of Rob-
ert B. Newman under the provision of section ten of chapter
one hundred and ninety-four of the General Laws, notwith-
standing the expiration of the time limited by said section
for the recovery of such sum. The payment of said amount
shall be made only upon the filing with the state treasurer
of an agreement signed by all persons entitled to payment
hereunder that the amount, if any, to be paid for legal
services rendered in connection with the passage of this
resolve shall not exceed ten per cent of said sum.

Approved June 19, 1936.

Resolve providing for an investigation and study by Qfidj) 54

A SPECIAL COMMISSION RELATIVE TO THE SALARIES OP
JUDGES OF PROBATE AND INSOLVENCY.

Resolved, That a special unpaid commission, to consist
of two members of the senate to be designated by the
president thereof, five members of the house of representa-
tives to be designated by the speaker thereof, and three
persons to be appointed by the governor, with the advice
and consent of the council, is hereby established for the
purpose of making an investigation and study of the laws
relative to the salaries of judges of probate and insolvency,
with a view to determining the advisability of making
changes in such salaries based on a uniform schedule or
otherwise. In such investigation and study special con-
sideration shall be given to current senate documents num-
bered eighty-nine, two hundred and forty-four, three hun-
dred and twenty-five, three hundred and twenty-six, and
current house documents numbered two hundred and twenty-
five, six hundred and sixty-five, eleven hundred and ten,
eleven hundred and eleven, and fourteen hundred and fifty-
three. Said commission shall be provided with quarters in
the state house or elsewhere, shall hold hearings and may
expend, for clerical and other services and expenses, such
sums, not exceeding, in the aggregate, five hundred dollars,
as may hereafter be appropriated. Said commission shall
report to the general court the results of its investigation
and its recommendations, together with drafts of legislation
necessary to carry its recommendations into effect, by filing

632 Resolves, 1936. — Chaps. 65, 66.

the same with the clerk of the house of representatives on
or before the first Wednesday of December in the current
year. Approved June 19, 1936.

Chap. 65 Resolve in favor of burton e. barnes of pittsfield.

Resolved, That, for the purpose of discharging the moral
obligation of the commonwealth in the premises and after
an appropriation has been made, there be allowed and paid
out of the treasury of the commonwealth to Burton E.
Barnes of Pittsfield the sum of five hundred dollars, to com-
pensate him for injuries received when a pheasant crashed
through the windshield of his automobile.

{This resolve, returned by the governor to the House of Rep-
resentatives, the branch in which it originated, with his objec-
tions thereto, was passed by the House of Representatives,
June 2S, 1936, and, in concurrence, by the Senate, June
23, P.M., 1936, the objections of the governor notwithstanding,
in the manner prescribed by the constitution; and thereby has
"the force of a law".)

Chap. 66 Resolve providing for a study by a special unpaid

COMMISSION relative TO THE FUNCTIONS AND PROBLEMS
OF THE BOSTON PORT AUTHORITY, AND OTHER RELATED
MATTERS, WITH A VIEW TO FACILITATING THE PRODUCTION
AND DEVELOPMENT OF THE COMMERCE OF THE PORT OF
BOSTON AND OTHER PORTS IN THE COMMONWEALTH.

Resolved, That a special unpaid commission, to consist
of one member of the senate to be designated by the presi-
dent thereof, three members of the house of representatives
to be designated by the speaker thereof, two persons to be
appointed by the governor, with the advice and consent of
the council, one person to be appointed by the mayor of the
city of Boston, the chairman of the Boston Port Authority
or a person to be designated by said chairman, and the com-
missioner of public works or a person to be designated by
said commissioner, is hereby established for the purpose of
making a comprehensive study relative to the functioning
and problems of the Boston Port Authority, the advisabil-
ity of transferring to said authority the operation of the
waterfront terminals of the commonwealth, and other re-
lated matters, with a view to facilitating the production and
development of the commerce of the port of Boston and
other ports in the commonwealth. The commission shall
hold public hearings, shall be provided with quarters in
the state house or elsewhere, and may expend, with the
approval of the governor and council, for clerical and other
services and expenses, such sums, not exceeding, in the ag-
gregate, three thousand dollars, as may hereafter be appro-
priated. The commission shall report to the general court
the results of its investigation, and its recommendations, if

Resolves, 1936. — Chaps. 67, 68. 633

any, together with drafts of legislation necessary to carry
its recommendations into effect, by filing the same with the
clerk of the senate on or before the first Wednesday of De-
cember in the current year. Approved June 24, 1936.

Resolve providing for an investigation by a special Qfiaj) 67

UNPAID commission RELATIVE TO CHANGING THE DATE OF
expiration of REGISTRATIONS OF MOTOR VEHICLES.

Resolved, That a special unpaid commission, to consist of
the commissioner of corporations and taxation, the registrar
of motor vehicles, and the commissioner of insurance, or a
representative to be designated, in each instance, by such
commissioner or registrar, is hereby established for the pur-
pose of making an investigation relative to the subject matter
of current senate document numbered one hundred and
thirty, to provide for a change in the date of expiration of
registrations of motor vehicles from December thirty-first
to March thirty-first. The commission may hold public
hearings. The commission shall report to the general court
the result of its investigation and its recommendations, if
any, together with drafts of legislation necessary to carry
such recommendations into effect, by fifing the same with the
clerk of the senate on or before the first Wednesday of Decem-
ber in the current year. Approved June 24, 1936.

Resolve authorizing further expenditures by the (JJidrf fig

COMMISSION ON INTERSTATE COMPACTS AFFECTING LABOR
AND INDUSTRIES.

Resolved, That the commission on interstate compacts
affecting labor and industries, established by chapter forty-
four of the resolves of nineteen hundred and thirty-three,
and continued and enlarged by chapter twenty-five of the
resolves of nineteen hundred and thirty-four and chapter
three hundred and fifteen of the acts of nineteen hundred and
thirty-five, may, for the continuation of its work and the
conduct of the negotiations authorized by the legislation afore-
said, expend such sums, not exceeding, in the aggregate, six
thousand five hundred dollars, as may hereafter be appro-
priated for these purposes. From the amount so appropriated
the commission may, in its discretion, when satisfied that
similar and adequate contributions or pajmients have been
or will be made by or on behalf of other states, contribute, or
pay as a membership fee on the part of the commonwealth,
to the organization now known as the interstate conference
on labor compacts, a sum not exceeding five hundred dollars.

Approved June 24, 1936.

634 Resolves, 1936. — Chaps. 69, 70, 71.

Chap. 69 Resolve in favor of the heirs of leihu l. perkins, also

KNOWN AS ELIHU L. PERKINS.

Resolved, That, subject to appropriation, there be allowed
and paid from the treasury of the commonwealth, under the
direction of the attorney general, to the heirs at law or next
of kin of Leihu L. Perkins, also known as Elihu L. Perkins,
who died in the year nineteen hundred and twenty, or to their
lawful representatives, such sum as may be found by the
attorney general to have been paid into said treasury as the
balance of the assets belonging to the estate of said Leihu L.
Perkins, also known as Elihu L. Perkins, under the provisions
of section ten of chapter one hundred and ninety-four of the
General Laws, or corresponding provisions of earlier laws,
notwithstanding the expiration of the time limited by said
section for the recovery of such sum. The payment of
said sum shall be made only upon the filing with the state
treasurer of an agreement signed by all persons entitled to
payments hereunder that the amount, if any, to be paid for
legal services rendered in connection with the passage of this
resolve shall not exceed ten per cent of said sum.

Approved June S4i 1936.

Chap. 70 Resolve in favor of william j. groves or Gloucester.

Resolved, That, for the purpose of promoting the public
good, and after an appropriation has been made therefor,
there be allowed and paid out of the treasury of the com-
monwealth, in monthly instalments from November first,
nineteen hundred and thirty-six, the sum of twelve hundred
dollars per year for a period of five years, to Wilham J.
Groves of Gloucester, on account of injuries sustained by
him while in the performance of military duty with company
M, fifteenth infantry, Massachusetts state guard.

Approved June 2 If, 1936.

Chap. 71 Resolve providing for the making and preparation by

THE DEPARTMENT OF PUBLIC WORKS OF SURVEYS, ESTI-
MATES, PLANS AND SPECIFICATIONS RELATIVE TO A STATE
HIGHWAY OVER THE ROUTE OF THE OLD MIDDLESEX TURN-
PIKE, SO CALLED, FROM MAPLE STREET IN LEXINGTON TO
NORTH CHELMSFORD.

Resolved, That the department of public works is hereby
authorized and directed to make and prepare surveys, esti-
mates of cost, plans and specifications for the laying out
and construction of a state highway extending from a point
on Maple street in Lexington through the towns of Lexing-
ton, Burlington, Billerica and Chelmsford, over the route of
the old Middlesex turnpike, so called, with connecting finks
between the town of Chelmsford and the city of Lowell, and

Resolves, 1936. — Chap. 72. 635

may expend from sums heretofore appropriated from the
Highway Fund for said department such amounts as may
be necessary for the aforesaid purposes. Said department
shall report to the general court a statement of its estimate
of the cost of the lajdng out and construction of said pro-
posed highway, together with drafts of any legislation neces-
sary to provide therefor, by filing the same with the clerk
of the senate on or before the first Wednesday of December
in the current year, and shall, at the same time, file a copy
thereof with the budget commissioner.

Approved June 24, 1936.

Resolve providing for an investigation and study by Chap. 72

AN unpaid special COMMISSION RELATIVE TO THE PROB-
LEMS OF TAXATION AND OF PUBLIC EXPENDITURES.

Resolved, That an unpaid special commission, hereinafter
called the commission, consisting of three persons to be ap-
pointed by the president of the senate, two of whom shall be
members of the senate, six persons to be appointed by the
speaker of the house of representatives, five of whom shall
be members of said house, and five persons to be appointed
by the governor, shall investigate and study the entire sub-
ject of state, county and local taxation and the inseparably
related subjects of state, county and local expenditures.
All appointees hereunder other than members of the gen-
eral court shall be recognized authorities on taxation or
on governmental administration and expenditure, or shall
represent the real estate or business interests of the com-
monwealth.

If all of said appointments shall not have been made at
the expiration of a period of fourteen days after the date of
prorogation of the current session of the general court the
commission shall consist of such members as shall then
have been appointed as aforesaid.

The studies of the commission shall be directed toward
recommending a system of taxation which shall reasonably
distribute the tax burden as widely and evenly as possible,
thereby relieving those present sources of revenue, particu-
larly real estate, which now bear a disproportionate part of
the whole tax burden of the commonwealth; and which
shall produce a workable, practicable and equitable system
of taxation for the commonwealth and its political sub-
divisions, to the end that the financial needs of all may be
adequately provided for in a just manner.

The powers and duties of the commission shall include the
following, as well as those previously set forth : (a) to make
a thorough survey, examination and study of the tax laws
of this and other states and of the subject of taxation in
general, for the purpose of determining whether or not the
present taxing system of the commonwealth is efficient and
adapted to the social and economic conditions now prevailing,

636 Resolves, 1936. — Chap. 72.

and of determining what, if any, amendments, revisions and
changes in the constitution, tax laws and taxing systems
should be made; and (6) to examine the methods of appor-
tioning revenues collected by the commonwealth to the lo-
calities thereof and of granting state aid to such localities,
for the purpose of determining which are best suited to
existing conditions.

The commission shall also investigate and study the gen-
eral subject of public expenditures, considering possible
economies consistent with efficiency in the collection and
expenditure of moneys, to the extent that they bear on state
or local taxation problems, including such expenditures by
counties, cities, towns and districts as are required or en-
couraged by the commonwealth; and shall consider ways
and means for curtailing, limiting and reducing such expendi-
tures, and also the advisability of repeahng or modifying
any existing legislation which necessitates or encourages the
making of public expenditures unwisely or beyond the rea-
sonable means of the public in view of existing conditions,
and generally to investigate and study the entire problem
of public expenditures with a view of alleviating the burden
thereof.

The commission shall study the subject matter of such
portions of the governor's address, printed as current senate
document numbered one, as relate to the tax problem and
the expenditure problem.

The studies of the commission may include the subjects
of tax limitations, scientific and uniform accounting and
budgeting and control thereof, state supervision and control
of local finances, reserves for taxes of excessivelj'' variable
yield, exemptions, sales taxes, debt problem, including con-
stitutional or statutory loan referenda, reorganization or
consolidation of governmental units, state support of local
functions, probable future load of governmental costs and
taxation, comparative burdens of taxation on industry in
competitive states, and any related phases pertaining to the
general subjects of taxation and public expenditures.

The commission may hold hearings and may call upon
the commissioner of corporations and taxation and other
departments, commissions and officers of the commonwealth
and of the several counties and municipalities for such in-
formation as it may desire in the course of its investigation.

The commission shall be provided with quarters in the
state house or elsewhere, shall hold public hearings, and
shall have the power to summon witnesses and to require
the production of books, records, contracts and papers and
the giving of testimony under oath. The commission may
expend for expert, clerical and other services and expenses
such sums, not exceeding, in the aggregate, ten thousand
dollars, as may hereafter be appropriated.

The commission shall report to the general court the
results of its investigation and its recommendations, if any,

Resolves, 1936. — Chap. 73. 637

together with drafts of legislation necessary to carry its
recommendations into effect, by filing the same with the
clerk of the house of representatives not later than January
fifteenth, nineteen hundred and thirty-seven.

Approved June 21^, 1936.

Resolve establishing a special commission to co-operate Qfiap, 73

WITH THE united STATES CONSTITUTION SESQUICENTENNIAL
commission in THE CELEBRATION OF THE ONE HUNDRED
AND FIFTIETH ANNIVERSARY OF THE FORMATION OF THE
FEDERAL CONSTITUTION.

Whereas, The congress of the United States has established
a commission, known as the "United States Constitution
Sesquicentennial Commission", to arrange a fitting nation-
wide observance of the one hundred and fiftieth anniversary
of the formation of the constitution of the United States;
and

Whereas, Said commission is authorized to prepare plans
and programs for the adequate celebration of such sesquicen-
tennial anniversary; to give due and proper consideration
to any plan or plans which may be submitted to it; and to
take such steps as may be necessary in the coordination and
correlation of plans prepared by the various state constitu-
tion sesquicentennial commissions; and

Whereas, Said commission, desiring the full co-operation
of the people of the United States, has urged each state to
appoint a state constitution sesquicentennial commission;
therefore be it

Resolved, That a special commission, to consist of the gover-
nor, the lieutenant governor, the president of the senate and
one member of the senate to be designated by said president,
the speaker of the house of representatives and five members
of the house of representatives to be designated by said
speaker, and three persons to be appointed by the governor,
with the advice and consent of the council, is hereby estab-
lished for the purpose of co-operating with said United States
Constitution Sesquicentennial Commission in connection
with the nation-wide celebration of the one hundred and
fiftieth anniversary of the formation of the constitution of the
United States and for the purpose of preparing plans and
programs for the proper celebration of said anniversary within
this commonwealth. For the purposes of this resolve, said
special commission may expend such sum as may be appro-
priated by the general court in the year nineteen hundred
and thirty-eight. Approved June 2J^, 1936.

638 Resolves, 1936. — Chaps. 74, 75.

Chap. 74 Resolve providing for the establishment of a special

COMMISSION TO PREPARE PLANS AND PROGRAMS FOR THE
celebration in THIS COMMONWEALTH OF THE THREE
HUNDREDTH ANNIVERSARY OF THE FIRST PERMANENT SET-
TLEMENT IN THIS COUNTRY OF THE SWEDISH COLONISTS.

Whereas, During the year nineteen hundred and thirty-
eight will occur the three hundredth anniversary of the first
permanent settlement in this country of the Swedish colo-
nists; and

Whereas, The Congress and certain states of the United
States have already established commissions to prepare plans
and programs for the celebration of said anniversary; and

Whereas, It is highly fitting that this commonwealth
should participate in the said celebration and should make
proper plans and arrangements therefor; therefore be it

Resolved, That a special unpaid commission, to consist of
two members of the senate to be designated by the presi-
dent thereof, five members of the house of representatives
to be designated by the speaker thereof, and three persons
to be appointed by the governor, with the advice and con-
sent of the council, is hereby established to devise plans and
programs for the celebration by the commonwealth of said
anniversary. Said commission shall be provided with quar-
ters in the state house or elsewhere, and shall submit its
recommendations to the general court by filing the same,
with drafts of legislation to carry such recommendations
into effect, with the clerk of the house of representatives on
or before the first AVednesday of December in the current
year. Approved June 25, 1936.

Chav. 75 Resolve providing for the placing in the state house

OR ON THE grounds APPURTENANT THERETO OF A SUIT-
ABLE MEMORIAL TO CAPTAIN JEREMIAH o'bRIEN IN COM-
MEMORATION OF HIS DISTINGUISHED SERVICE IN WINNING
THE FIRST NAVAL ENGAGEMENT IN THE WAR OF THE
REVOLUTION.

Resolved, That the art commission for the commonwealth
be authorized and directed, subject to the approval of the
governor and council, to determine upon, procure and cause
to be installed in the state house or on the grounds appur-
tenant thereto a bust, statue or other suitable memorial
commemorative of the distinguished service of Captain
Jeremiah O'Brien, who, within the limits of the province
and commonwealth of Massachusetts, won from the British
the first naval engagement of the war of the revolution, and
of his subsequent exploits in said war as the first regularly
commissioned naval officer and commander of the revolu-
tionary navy of Massachusetts. For such purpose there
may be expended such sum, not exceeding five hundred dol-
lars, as may hereafter be appropriated therefor.

Approved June 30, 1936.

Acts and Resolves Approved, etc. 639

Number of acts and resolves approved, approval with-
held, AND LIST OF ACTS VETOED BY THE GOVERNOR AND
passed OVER HIS VETO.

The general court, during its second annual session held
in 1936, passed 433 Acts and 74 Resolves, which received
executive approval, and 3 Acts from which executive ap-
proval was withheld but have become law by virtue of
chapter 1, section 1, Article 2 of the Constitution of the
Commonwealth.

The governor returned 13 Acts and 3 Resolves with his
objections thereto in writing. Upon 9 of said Acts and 2 of
said Resolves his objections were sustained.

Three (3) Acts entitled, respectively, "An Act authoriz-
ing the Emerson College of Oratory to grant the Degree of
Bachelor of Arts" (Chapter 246); "An Act relative to the
submission to the voters of the several counties of the ques-
tion of licensing dog races at which the pari-mutuel system
of betting shall be permitted" (Chapter 253) and "An Act
relative to the issuance of licenses to carry a pistol or revolver
for the purpose of target practice and relative to the contents
of licenses to carry such a weapon or to possess a machine
gun" (Chapter 302) were passed, but failed to receive ex-
ecutive approval; as, however, they were not returned, with
objections thereto, within five days after they had been
received in the executive department, the general court not
having been prorogued in the meantime, said acts have the
force of law, under the provisions of the Constitution govern-
ing such cases, and have been so certified.

Nine (9) Acts entitled, respectively, "An Act relative to
the liability of stockholders of trust companies"; "An Act
providing for the appointment of a finance commission for
the city of Lowell"; "An Act exempting veterans of the
Spanish War, the Philippine Insurrection or the China
Relief Expedition from certain requirements of the civil
service laws"; "An Act relative to the filling of vacancies
in the school committee of the city of Boston"; "An Act
relative to contracts by the town of West Newbury and any
other municipality in connection with the supplying of
water to said town and its inhabitants"; "An Act regulat-
ing the employment of certain persons by the Department
of Public Works"; "An Act authorizing the annual distri-
bution of certain moneys remaining in the state treasury to
certain cities and towns entitled to reimbursements from
the Commonwealth on account of old age assistance ex-
penditures"; "An Act making uniform certain phases of
the laws with reference to the risk of loss after a contract
to sell real estate"; "An Act preventing multiple can-
didacies by any person for any state-wide office"; and
two (2) Resolves entitled, respectively, "Resolve in favor
of Sebastian Sarna of Amherst" and "Resolve in favor of
Arthur Clark of Eastham" were passed and laid before the

640 Acts and Resolves Approved, etc.

governor for his approval; were returned by him with his
objections thereto, to the branch in which they respectively
originated; were reconsidered, and the vote being taken on
their passage, the objections of the governor thereto not-
withstanding, they were rejected, and said acts and resolves
thereby became void.

Four (4) Acts entitled, respectively, "An Act relative to
exemption from local taxation of property of the United
States" (Chapter 81); "An Act relative to the observance
of Columbus Day" (Chapter 180); "An Act providing for
the formation of corporations for the carrying out of non-
profit hospital service plans, so called" (Chapter 409); "An
Act relative to the use of Eagle Lake in the town of Holden
for bathing and other recreational purposes" (Chapter 408)
and one (1) Resolve entitled "Resolve in favor of Burton E.
Barnes of Pittsfield" (Chapter 65) were passed and laid
before the governor for his approval; were returned by
him with his objections thereto, to the branch in which they
respectively originated; were reconsidered, agreeably to the
provisions of the constitution, and the vote being taken on
their passage, the objections of the governor thereto not-
withstanding, they were passed, and said acts and resolve
have thereby the force of law.

The general court was prorogued on Thursday, July 2,
1936, at nine minutes past ten o'clock p.m., the session
having occupied 184 days.

APPENDIX

The following table and the index to the Acts and Resolves of the
current year have been prepared by Fernald Hutchins, Esq., and
Henry D. Wiggin, Esq., counsel, respectively, to the Senate and House
of Representatives, in accordance with section fifty-one of chapter
three of the General Laws.

TABLE

TO WHAT EXTENT THE GENERAL LAWS OF THE COMMON-
WEALTH, AS APPEARING IN THE TERCENTENARY
EDITION, HAVE BEEN AFFECTED BY LEGISLATION
ENACTED BY THE GENERAL COURT SINCE
JANUARY FIRST, NINETEEN HUNDRED
AND THIRTY-TWO.* t

Chapter 1. — Jurisdiction of the Commonwealth and of the United States.

Act granting to United States all rights of the commonwealth in
and to great ponds within Fort Devens Mihtary Reservation, and
ceding jurisdiction over such ponds and certain other lands, 1933, 290.

Sect. 3 revised, 1933, 278 § 1.

Chapter 3. — • The General Court.

Sects. 12 and 13. For legislation establishing the salaries of the
present clerk and assistant clerk of the senate, see 1932, 181.
Sect. 19 amended, 1935, 210.

Chapter 4. — Statutes.

Sect. 5 revised, 1935, 69.

Sect. 7, clause Eighteenth amended, 1934, 283; sentence added at
end of same clause, 1935, 26; amended, 1936, 180.

Chapter 5. — Printing and Distribution of Laws and Public Documents.

As to the distribution of the Tercentenary Edition of the General
Laws, see 1932, Resolve 53; 1933, Resolve 19; 1935, Resolve 18.
Sect. 1, last paragraph revised, 1932, 254.
Sect. 9 amended, 1933, 245 § 1.
Sect. 18 amended, 1935, 226 § 1.

Chapter 6. — - The Governor, Lieutenant Governor and Council, Certain
Officers under the Governor and Council, and State Library.

For temporary legislation establishing an emergency finance board,
and defining its powers and duties, see 1933, 49, 104.

For temporary legislation establishing the emergency public works
commission, and defining its powers and duties, see 1933, 365, as
affected by 1933, 368.

* For table showing changes in legislation made during the years 1921 to 1931,
inclusive, see Table of Changes contained in pages 485-597 of the Acts and Resolves
of 1932.

t References in this table are to the Tercentenary Edition of the General Laws,
as most recently amended, unless otherwise specified.

644 Changes in the [Chaps. 7, 8.

Sect. 12B added, 1932, 14 (relative to the observance of the anni-
versary of the death of Brigadier General Casimir Pulaski).

Sect. 12C added, 1932, 153 (relative to the observance of the
anniversary of the battle of Bunker Hill). (See 1935, 26.)

Sect. 12D added, 1932, 242 (relative to the observance of the
anniversary of the Boston Massacre, etc.).

Sect. 12E added, 1934, 191 (relative to the observance of the anni-
versary of the death of Commodore John Barry).

Sect. 12F added, 1935, 23 (relative to the observance of the anni-
versary of the battle of New Orleans).

Sect. 12G added, 1935, 96 (providing for an annual proclamation
by the governor relative to American Education Week).

Sect. 12H added, 1935, 148 (relative to the observance of the anni-
versary of the death of General Marquis de Lafayette).

Sect. 121 added, 1935, 184 (relative to the annual observance of
Indian Day).

Sect. 17 amended, 1932, 305 § 1; 1933, 120 § 1; 336 § 1; 1934, 374
§ 1; 1935, 475 § 1. (See 1933, 336 § 3.)

Sect. 22 amended, 1936, 341 § 1. (See 1936, 341 § 2.)

Sect. 28 A amended, 1934, 208 § 1.

Sect. 28E added, 1934, 208 § 2 (relative to the dissemination of
information concerning the pubhc bequest fund).

Sect. 42 added, under caption "milk regulation board", 1932,
305 § 2.

Sects. 43-45 added, 1933, 120 § 2 (relative to the alcohoHc bever-
ages control commission).

Sect. 43 amended, 1933, 375 § 1.

Sect. 44, first paragraph revised, 1933, 376 § 1.

Sects. 46 and 47 added, 1933, 336 § 2 (relative to the Greylock
reservation commission). (See 1933, 336 § 3.)

Sect. 48 added, under caption "state racing commission", 1934,
374 § 2.

Sects. 49-52 added, under caption "state planning board", 1935,
475 § 2.

Sect. 49 amended, 1936, 307.

Chapter 7. — Commission on Administration and Finance.

Sect. 22, clause (17) revised, 1933, 353 § 1.

Sect. 23A added, 1933, 353 § 2 (providing a preference in the pur-
chase of supplies and materials by contractors for certain state work in
favor of domestic supplies and materials).

Chapter 8. — • Superintendent of Buildings, and State House.

Sects. 1-12 affected, 1935, 327.

Sect. 4 amended, 1935, 251.

Sect. 5 revised, 1935, 460 § 1. (See 1935, 460 § 2.)

Sect. lOA revised, 1933, 170.

Sect. 17 amended, 1932, 188 § 1; 1933, 199 § 1.

Sect. 18 amended, 1932, 188 § 2; 1933, 199 § 2.

Chaps. 9-15.] GENERAL LaWS. 645

Chapter 9. — Department of the State Secretary.

Sect. 2 revised, 1935, 416.

Sect. 6 amended, 1934, 25 § 1.

Sect. 7 amended, 1934, 25 § 2.

Sect. 9 amended, 1934, 127.

Sect. 15 amended, 1934, 19.

Sect. 17 amended, 1934, 37; revised, 1936, 31 § 1.

Sect. 20 added, 1935, 402 (regulating the publication and sale of
the Massachusetts Reports and of the advance sheets of the opinions
and decisions of the Supreme Judicial Court).

Chapter 10. — Department of the State Treasurer.

For temporary legislation establishing an emergency finance board,
and defining its powers and duties, see 1933, 49, 104.

For temporary legislation establishing the emergency public works
commission, and defining its powers and duties, see 1933, 365, as
affected by 1933, 368.

Sect. 8 amended, 1932, 180 § 1.

Chapter 12. — Department of the Attorney General, and the District

Attorneys.

Sect. 2 amended, 1934, 133 § 1. (See 1934, 133 § 2.)

Sect. 3, last sentence amended, 1932, 180 § 2.

Sect. 3B amended, 1933, 318 § 1; 1934, 291 § 1. (See 1933, 318
§ 9; 1934, 291 § 6.)

Sect. 14, paragraph in fines 5 and 6 revised, 1935, 209; paragraph
in fines 7 and 8 revised, 1935, 433 § 1; section revised, 1935, 458 § 1.

Sect. 15 revised, 1935, 458 § 2.

Sect. 16, paragraph in fines 9-11 revised, 1935, 433 § 2; section
revised, 1935, 458 § 3.

Chapter 13. — Department of Civil Service and Registration.

Sect. 3 amended, 1932, 180 § 3.

Sect. 8 amended, 1934, 329.

Sect. 10 amended, 1932, 8.

Sect. 17 revised, 1934, 339 § 1.

Sect. 29 and its caption stricken out and new section inserted, under
the caption "board of registration in embalming and funeral
directing", 1936, 407 § 1. (See 1936, 407 §§ 5-8.)

Sect. 31 revised, 1936, 407 § 2. (See 1936, 407 §§ 5-8.)

Sect. 32 revised, 1935, 420 § 1. (See 1935, 420 § 2.)

Sect. 40 amended, 1933, 149 § 1; two sentences added at end, 1934,
299 § 1. (See 1934, 299 § 2.)

Sects. 42-44 added, under caption "board of registration of
hairdressers", 1935, 428 § 1 (establishing a board of registration of
hairdressers). (See 1935, 428 §§ 5, 7.)

Chapter 15. — Department of Education.

Sect. 12 revised, 1935, 367.

646 Changes in the [Chaps. I6-23.

Chapter 16. — Department of Public Works.

Sect. 6 amended, 1935, 418 § 1.

Chapter 18. — Department of Public Welfare.

Sect. 7 amended, 1935, 311 § 1.

Sects. 17 and 18 added, under caption "state board of housing",
1933, 364 § 1 (establishing within the department a state board of
housing).

Sect. 17 amended, 1935, 449 § 1.

Sect. 18 amended, 1935, 449 § lA.

Chapter 19. — ■ Department of Mental Diseases.

Division of examination of prisoners abohshed, 1933, 77 § 4.

Sect. 5 amended, 1935, 314 § 2; 421 § 3. (See 1935, 421 §§ 5, 6.)

Sect. 6. See 1935, 314 § 1.

Chapter 20. — Department of Agriculture.

For temporary legislation establishing within the department a milk
control board, and defining its powers and duties, see 1934, 376; term
of office of said board extended, 1936, 300.

Sect. 4 amended, 1933, 74 § 1; revised, 1934, 340 § 1. (See 1934,
340 § 18.)

Sect. 6 added, 1934, 340 § 2 (experts and assistants in division of
livestock disease control). (See 1934, 340 § 18.)

Chapter 21. — ■ Department of Conservation.

Sect. 1 amended, 1934, 340 § 3. (See 1934, 340 § 18.)

Sect. 3 revised, 1933, 75 § 1; amended, 1934, 340 § 4. (See 1934,
340 § 18.)

Sects. 3A and 3B repealed, 1932, 180 § 4.

Sect. 7 revised, 1933, 329 § 3.

Sect. 7A added, 1934, 173 § 1 (establishing the office of state orni-
thologist in the division of fisheries and game). (See 1934, 173 § 2.)

Sect. 8A revised, 1933, 329 § 4.

Sects. 9 and 10 repealed, 1934, 340 § 5. (See 1934, 340 § 18.)

Sect. 11 revised, 1933, 75 § 2.

Sect. 12 revised, 1933, 75 § 3.

Chapter 22. — Department of Public Safety.

Sect. 9C added, 1933, 239 (relative to the uniform of members of
the state police).

Chapter 23. — Department of Labor and Industries.

Sect. 3 amended, 1934, 331 § 1; two sentences revised, 1935, 479
§ 1. (See 1935, 479 § 7.)
Sect. 4 amended, 1934, 331 § 2; 1935, 479 § 2. (See 1935, 479 § 7.)
Sect. 5 amended, 1935, 479 § 3. (See 1935, 479 § 7.)
Sect. 9 revised, 1935, 60 § 1.

Chaps. 25-29.] GENERAL LaWS. 647

Caption before sections 9A-9C changed to "the Massachusetts

INDUSTRIAL AND DEVELOPMENT COMMISSION", 1932, 99.

Sect. 9A revised, 1932, 99; repealed, 1933, 73.

Sect. 9B repealed, 1933, 73.

Sect. 9C revised, 1932, 187; repealed, 1933, 73.

Sect. 9H revised, 1933, 362.

Sects. 9 I-9N added, 1935, 479 § 4 (establishing the Unemployment
Compensation Commission, and defining its powers and duties). (See
1935, 479 §§ 6, 7.)

Sect. 11 A (and caption) added, 1934, 331 § 3 (division of occupa-
tional hygiene).

Chapter 25. — Department of Public Utilities.

Sect. 9A added, 1933, 76 § 2 (providing for certain employees serv-
ing directly under the commission of the department to perform its
duties relative to smoke abatement in Boston and vicinity) ; repealed,
1934 352 § 2

Sect. 10 amended, 1933, 76 § 3; 1934, 352 § 3.

Sect. lOA added, 1933, 76 § 4 (providing for the apportionment of
expenses incurred by the department in the performance of its duties
relative to smoke abatement in Boston and vicinity); repealed, 1934,
352 § 4.

Sects. 11 and 12 repealed, 1935, 411 § 1. (See 1935, 411 § 2.)

Sect. 12B revised, 1932, 290 § 2.

Sects. 12C-12F repealed, 1933, 76 § 1; new sections 12C-12E
added, under caption "division of smoke inspection", 1934, 352 § 1.

Sect. 12F added, 1935, 405 § 1 (establishing in the department a
commercial motor vehicle division, under the charge of a director
thereof) ; phrase added at end, 1935, 477 § 2.

Sect. 120 added, 1936, 117 (authorizing the director of the com-
mercial motor vehicle division in the department of public utilities to
summon witnesses, administer oaths and take testimony).

Chapter 26. — Department of Banking and Insurance.

Sect. 8 A revised, 1934, 2; amended, 1935, 419.

Chapter 27. — Department of Correction.

Sect. 5 revised, 1934, 350 § 1. (See 1934, 350 §§ 2-4.)

Chapter 28. — Metropolitan District Commission.

Sect. 3 revised, 1936, 244 § 1. (See 1936, 244 § 4.)
Sect. 4 amended, 1936, 244 § 2. (See 1936, 244 § 4.)

Chapter 29. — State Finance.

For temporary legislation as to emergency state financing, see 1933,
49, 104, 307, 341, 365, 367, 368; 1934, 41, 66, 313, 335; 1935, 221, 300,
380, 392, 456; 1936, 309.

For legislation relative to the collection of certain taxes and other
charges due the commonwealth, see 1935, 498 §§ 2, 3, 4; 1936, 440
§§ 2, 3, 4.

648 Changes in the [Chaps. 30, 31.

Sect. 10 amended, 1936, 256.

Sect. 31, last sentence amended, 1932, 127 § 2.

Sect. 34 amended, 1936, 333.

Sect. 38, subdivision (h) added, 1934, 356.

Chapter 30. — General Provisions Relative to State Departments, Com-
missions, Officers and Employees.

For temporary act reducing the salary or other compensation of
state officers and employees, see 1933, 105, as affected by 1933, 296.
For temporary acts providing for restoration of one-third of reduction
in salary or other compensation under 1933, 105, as so affected, see
1934, 194; 213 § 1.

Provisions relative to expenses incurred for midday meals by state
employees, 1933, 174 § 8; 1934, 162 § 6; 1935, 249 § 7; 1936, 304 § 7.

Sect. 39 revised, 1934, 351; amended, 1935, 217 § 1; revised, 1935,
472 § 1.

Sect. 42 revised, 1936, 359.

Chapter 31. — Civil Service.

For acts, extending to May 15th, 1938, the existing preference in the
classified labor service to persons with dependents, see 1932, 183;

1933, 194; 1934, 243; 1936, 151. [For prior legislation, see 1930, 111;
1931, 316.]

Sect. 4, sixth paragraph revised, 1932, 282 § 1. (See 1932, 282 § 4.)

Sect. 5 amended, 1935, 405 § 2; 1936, 244 § 3.

Sect. 6, sentence added at end, 1932, 260.

Sect. 6A added, 1935, 228 (dispensing with educational require-
ments as a condition of taking certain civil service examinations).

Sect. 15A added, 1933, 267 (restricting the appointment of persons
for temporary employment under the civil service laws); amended,

1934, 105.

Sect. 17 amended, 1934, 94.

Sect. 19A added, 1932, 146 (relative to appointments to the regular
fire forces in certain cities having reserve fire forces).

Sect. 21 amended, 1932, 89; revised, 1933, 137.

Sect. 45 amended, 1934, 249 § 2.

Sect. 45A added, 1934, 190 (providing a method of avoiding multi-
plicity of petitions for judicial review to determine seniority rights in
the classified labor service).

Sect. 46 amended, 1932, 282 § 2; revised, 1934, 249 § 1.

Sects. 46C and 46D added, 1933, 320 (providing for the reinstate-
ment of certain municipal officers and employees).

Sect. 46C amended, 1934, 84; 1936, 66.

Sect. 46E added, 1934, 207 (providing that a leave of absence of less
than six months shall not be deemed a separation from the classified
civil service in certain cases) ; paragraph added at end, 1936, 297.

Sect. 46F added, 1935, 337 (providing for the reinstatement of
members of the police force of the Metropolitan district commission
in certain cases).

Sect. 46G added, 1935, 408 (relative to seniority rights in respect
to the suspension and re-employment of persons in the classified civil
service in certain cases).

Chap. 32.] GENERAL LawS. 649

Sect. 46H added, 1936, 287 § 1 (providing for the reinstatement in
the classified civil service of retired municipal officers and employees
in certain cases of invahd retirement). (See 1936, 287 § 2.)

Chapter 32. — Retirement Systems and Pensions.

Sect. 1, new paragraph added, 1934, 360 § 1. (See 1934, 360 § 5.)

Sect. 2, paragraphs (10) and (11) revised, 1935, 390.

Sect. 3, paragraph (4) revised, 1932, 268.

Sect. 4, sentence added at end of paragraph {2) A (c), 1934, 360 § 2;
paragraph (3) amended, 1936, 370 § 1. (See 1934, 360 § 5; 1936,
370 § 2.)

Sect. 5, paragraph added at end of paragraph {2) C (c), 1934, 360
§ 3; paragraph H added at end, 1934, 360 § 4. (See 1934, 360 § 5.)

Sect. 7, paragraph (4) amended, 1932, 127 § 18.

Sect. 10, paragraph (2) revised, 1932, 255; paragraph (8) amended,
1936, 386 § 1 ; paragraph (10) amended, 1936, 386 § 2.

Sect. 11, paragraph (5) revised, 1936, 400 § 2.

Sect. 20, paragraph added, 1934, 258 § 1.

Sect. 23, paragraph (5) revised, 1934, 258 § 2.

Sect. 24, paragraph (2) A amended, 1935, 243,

Sect. 25, paragraph (2) A (b) revised, 1936, 301 § 1; paragraph
(2) B (b) revised, 1936, 301 § 2; paragraph (F) added at end, 1936,
301 § 3.

Sects. 20-25, as amended, and the heading before said section 20,
stricken out and new sections 20-251 inserted, under heading "county

AND certain hospital DISTRICT RETIREMENT SYSTEMS," 1936, 400 § 1

(providing for contributory retirement systems for counties and certain
hospital districts). (See 1936, 400 § 5.)

Sects. 26-31 stricken out and new sections 26-311 inserted, 1936,
318 § 1 (providing for contributory retirement systems for cities and
towns that may be accepted by them). (See 1936, 318 §§ 5-7.)

Sect. 31J inserted after the heading "general provisions" im-
mediately before section 32, 1936, 400 § 3 (relative to the definition of
certain words used in said General Provisions).

Sect. 33 amended, 1936, 301 § 4; 318 § 2; repealed, 1936, 400 § 4.
(See 1936, 318 §§ 5-7; 400 §§ 2 and 5.)

Sects. 37A-37D added, 1936, 318 § 3 (miscellaneous provisions rela-
tive to contributory retirement systems under G. L. chap. 32). (See
1936, 318 §§ 5-7.)

Sect. 44 revised, 1934, 135; paragraph added at end, 1934, 285 § 1;
amended, 1936, 223.

Sect. 52 amended, 1932, 114 § 1.

Sect. 53 amended, 1932, 114 § 2.

Sect. 60, paragraph added at end, 1934, 285 § 2.

Sect. 60A, paragraph added at end, 1934, 285 § 3.

Sect. 66, paragraph added at end, 1934, 285 § 4.

Sect. 70, paragraph added at end, 1934, 285 § 5.

Sect. 75, paragraph added at end, 1934, 285 § 6.

Sect. 77, paragraph (a) revised, 1936, 290 § 1; paragraph (c) added
at end, 1936, 290 § 2.

Sect. 78A added, 1934, 285 § 7 (providing for the ultimate aboHtion
of non-contributory pensions under general law for laborers).

650 Changes in the [Chaps. 33, 34.

Sect. 80, paragraph added at end, 1934, 285 § 8; section amended,
1936, 439 § 1.

Sect. 81 amended, 1933, 103.

Sect. 83 amended, 1936, 439 § 2.

Sect. 85 amended, 1936, 439 § 3.

Sect. 85A revised, 1935, 31 § 1. (See 1935, 31 § 2.)

Sect. 85B added, 1932, 253 (regulating the retirement and pension-
ing of certain members of the police forces of park boards of cities and
towns).

Sect. 85C added, 1934, 285 § 9 (providing for the ultimate abolition
of non-contributory pensions under certain provisions of general law
for policemen and firemen).

Sect. 89 revised, 1932, 276; amended, 1933, 340 § 1; 1934, 343;
revised, 1935, 466; amended, 1936, 326. (See 1933, 340 § 2.)

Sect. 90 revised, 1936, 439 § 4.

Chapter 33. — Militia.

Act establishing a special military reservation commission, and
authorizing the acquisition by the commonwealth for military pur-
poses of certain properties in Sandwich, Bourne, Falmouth and Mash-
pee, 1935, 196; powers and duties defined, 1936, 344 §§ 1, 2.

Sect. 6 revised, 1933, 254 § 1. (See 1933, 254 § 66.)

Sect. 18 amended, 1932, 15.

Sect. 25A added, 1935, 295 § 1 (further regulating the calling out
of the militia as an aid to the civil power of the commonwealth).

Sect. 26 amended, 1935, 295 § 2.

Sect. 31 amended, 1935, 295 § 3.

Sect. 32 revised, 1935. 295 § 4.

Sect. 33 revised, 1935, 295 § 5.

Sect. 34 amended, 1935, 295 § 6.

Sect. 48, subsection (a) revised, 1932, 161; same subsection amended,
1933, 166.

Sect. 60 amended, 1933, 153 § 1; 1934, 120.

Sect. 67 revised, 1935, 205.

Sect. 90, paragraph in lines 63-65 revised, 1934, 106; last sentence
of paragraph (k) revised, 1933, 17.

Sect. 98, sentence added at end, 1933, 6.

Chapter 34. — Counties and County Commissioners.

Sect. 1 revised, 1933, 278 § 2.

Sect. 4 amended, 1935, 257 § 1. (See 1935, 257 § 12.)
Sect. 7 amended, 1935, 257 § 2. (See 1935, 257 § 12.)
Sect. 12 revised, 1935, 257 § 3. (See 1935, 257 § 12.)
Sect. 17 revised 1932 74.

Sect! 19 amended, 1935, 257 § 4. (See 1935, 257 § 12.)
Sect. 23 added, 1932, 297 (authorizing counties to receive certain
gifts).

Chaps. 35-40.] GeNERAL LaWS. 651

Chapter 35. — County Treasurers, State Supervision of County Accounts

and County Finances.

For temporary legislation relative to salary reductions in the several
counties, see 1933, 121, 186; 1934, 228, 276, 289. (See also 1933,
322 § 3.)

For emergency legislation incident to the National Industrial Re-
covery Act and the Emergency Relief Appropriation Act of 1935, see
1933,366; 1934,21; 1935,404; 1936,64,83,414.

Provisions relative to travel allowance of county officials and em-
ployees using their own cars on official business, 1933, 322 § 4.

Sect. 3 revised, 1932, 56.'

Sect. 25 amended, 1933, 175 § 1.

Sect. 27 amended, 1933, 175 § 2.

Sect. 28 amended, 1933, 318 § 2; 1934, 291 § 2. (See 1933, 318 § 9;

1934, 291 § 6.)

Sect. 37 amended, 1933, 28.

Sect. 37A amended, 1933, 29.

Sect. 40 amended, 1936, 23 § 1.

Sect. 49 amended, 1935, 182 § 1. (See 1935, 182 § 6.)

Chapter 37. — Sheriffs.

Sect. 22 amended, 1932, 180 § 5.
Sect. 23 amended, 1936, 31 § 2.

Chapter 38. — Medical Examiners.

Sect. 8 revised, 1932, 118 § 1.

Chapter 39. — Municipal Government.

Sect. 10 amended, 1935, 403 § 1. (See 1935, 403 § 2.)
Sect. 19 repealed, 1934, 39 § 1.
Sect. 20 amended, 1934, 39 § 2.
Sect. 23 amended, 1934, 39 § 3.

Chapter 40. — Powers and Duties of Cities and Towns.

Sect. 4, third paragraph revised, 1932, 271 § 6. (See 1932, 271 § 7.)
Sect. 5, clause (1) amended, 1933, 318 § 3; 1935, 106; revised,

1935, 179; (see 1933, 318 § 9); clause (2) amended, 1936, 390; clause
(12) amended, 1932, 114 § 3; 1933, 153 § 2; 245 § 2; revised 1936,
132 § 1; 163; clause (28) revised, 1936, 211 § 5 (see 1936, 211 § 7);
clause (38) added, 1934, 154 § 1 (authorizing appropriations, for pro-
tection of interests in real estate held under tax title or taking) ; clause
(39) added, 1935, 28 (authorizing appropriations for the purpose of
co-operating with the federal government in certain unemployment
relief and other projects).

Sect. 5A added, 1936, 40 (providing for the establishment of reserve
funds for cities).

Sects. 5, 6. Temporary act, effective during 1935 and 1936, author-
izing appropriations for a general unemployment relief fund, 1935, 90.

Sect. 9 amended, 1933, 245 § 3; 1935, 305; 1936, 271.

Sect. 14 revised, 1933, 283 § 1.

652 Changes in the [Chap. 41.

Sect. 17 amended, 1933, 254 § 2. (See 1933, 254 § 66.)

Sects. 25-33. See 1932, 143; 1933, 204; 1934, 210; 1936, 240; for
special zoning provisions for Boston.

Sects. 25-30A stricken out, and new sections 25-30A (municipal
zoning laws) inserted, 1933, 269 § 1. (See 1933, 269 § 4.)

Sect. 30, paragraph in lines 61-70 (as appearing in 1933, 269 § 1)
amended, 1935, 388 § 1; paragraph in lines 80-90 (as appearing in
1933, 269 § 1) amended, 1935, 388 § 2.

Sect. 32 revised, 1933, 185 § 1. (See 1933, 185 § 2.)

Sect. 40 revised, 1933, 314.

Sect. 42A revised, 1932, 197 § 2; amended, 1936, 42 § 1. (See 1932,
197 § 3.)

Sect. 42B amended, 1935, 56 § 1; revised, 1936, 42 § 2. (See 1935,
56 § 2.)

Sect. 42C amended, 1935, 248 § 1.

Sect. 42D, last sentence revised, 1935, 248 § 2.

Sect. 42E, last sentence amended, 1932, 180 § 6.

Chapter 41. — Officers and Employees of Cities, Towns and Districts.

For temporary legislation relative to salary reductions in Boston,
see 1933, 121; 1934, 228, 289.

Sect. 1, paragraph in line 10 revised, 1934, 155 § 1.

Sect. 5 amended, 1934, 39 § 4.

Sect. 13 amended, 1936, 18.

Sect. 13A added, 1932, 289 § 5 (provisions relative to bonds of city
clerks). [For prior legislation, see G. L. chapter 140 § 148, repealed
by 1932, 289 § 6.]

Sect. 19A added, 1933, 70 § 1 (requiring the filing with the state
secretary of certificates of appointment or election of clerks or assist-
ant or temporary clerks of cities or towns, and granting authority to
said secretary to authenticate attestations of any such officer). (See
1933, 70 § 2.)

Sect. 21, last paragraph revised, 1934, 155 § 2. (See 1934, 155 § 4.)

Sect. 26A added, 1935, 149 (relative to employment of counsel by
boards of assessors in certain cases).

Sect. 27 revised, 1936, 118 § 1. (See 1936, 118 § 3.)

Sect. 37 revised, 1933, 82 § 2; amended, 1934, 259 § 2.

Sect. 38A amended, 1936, 201.

Sect. 54A amended, 1936, 62.

Sect. 59 amended, 1936, 94.

Sect. 66 revised, 1934, 155 § 3.

Sect. 70, paragraph added at end, 1936, 211 § 1. (See 1936, 211 § 7.)

Sect. 72 revised, 1936, 211 § 2. (See 1936, 211 § 7.)

Sect. 73, paragraph added at end, 1936, 211 § 3. (See 1936, 211 § 7.)

Sects. 81A-81J added, under caption "improved method of munic-
ipal planning", 1936, 211 § 4 (providing an improved method of
municipal planning). (See 1936, 211 § 7.)

Sect. 91B added, 1933, 128 (further regulating the appointment of
constables).

Sect. 99 amended, 1932, 124.

Sect. 100, sentence added at end, 1933, 324 § 3.

Chaps. 42-44.] GENERAL LawS. 653

Sect. lOOA amended, 1933, 318 § 4; 1934, 291 § 3. (See 1933, 318
§§ 8, 9; 1934, 291 § 6.)
Sect. 105 amended, 1936, 132 § 2.
Sect. Ill revised, 1932, 109; amended, 1936, 242.
Sect. lllA amended, 1934, 107.

Chapter 42. — Boundaries of Cities and Towns.

Boundary line between Saugus and Wakefield (portion) established,
1933, 298; between Woburn and Reading (portion) established, 1934,
177; between Oak Bluffs and Tisbury (portion) established, 1935,
145; between Brewster and Orleans (portion) established, 1935, 356;
between Middleton and Topsfield established, 1936, 96.

Sect. 1 revised, 1933, 278 § 3.

Chapter 43. — City Charters.

Sect. 15 amended, 1933, 313 § 7.

Sect. 23 amended, 1935, 68 § 1.

Sect. 42 amended, 1935, 68 § 2.

Sect. 44A amended, 1933, 313 § 8; last two sentences stricken out,
and paragraph added at end, 1934, 30.

Sect. 44H amended, 1932, 180 § 7.

Sect. 50A added, 1936, 135 (relative to the filling of vacancies in
city councils of cities having Plan "A" form of charter).

Chapter 43A. — Standard Form of Representative Town Meeting

Government.

Act relative to Wellesley, 1932, 202; to Needham, 1932, 279; to
Webster, 1933, 13; to South Hadley, 1933, 45; to Easthampton, 1933,
178; to Milford, 1933, 271; to Adams, 1935, 235; to Falmouth, 1935,
349; to Amherst, 1936, 10; to Amesbury, 1936, 39; to Braintree, 1936,
56.

Sect. 4 first paragraph amended, 1936, 128.

Chapter 44. — Municipal Finance.

For temporary legislation establishing an emergency finance board
in the department of the state treasurer, and providing for the borrow-
ing of money by cities and towns against certain tax titles, see 1933,
49, 104; 1935, 221, 300, 456; 1936, 281.

For temporary act authorizing cities and towns to borrow on account
of public welfare and soldiers' benefits from the commonwealth and
elsewhere, and authorizing the commonwealth to issue bonds or notes
to provide funds therefor, see 1933, 307 (as changed by 1933, 344 §§ 3, 4;
1934, 335; and as affected by 1933, 367 § 1).

For temporary acts relative to funds granted under the federal
emergency relief act of 1933, see 1933, 344; 1934, 163.

For emergency legislation incident to the National Industrial Re-
covery Act and the Emergency Relief Appropriation Act of 1935, see
1933,366; 1934,21; 1935,404; 1936,64,83,414.

For temporary legislation in aid of the town of Millville, see 1933,
341; 1935,470.

For legislation authorizing the renewal by cities and towns of certain
temporary revenue loans, see 1935, 12.

654 Changes in the [Chaps. 46, 48.

For legislation relative to the collection of certain taxes and other
charges due the commonwealth, see 1935, 498 §§ 2, 3, 4; 1936, 440
§§2,3,4.

For legislation authorizing cities, towns and districts to borrow,
during 1935 and 1936, on account of public welfare and soldiers' bene-
fits and their share of the cost of Emergency Relief Administration
projects, see 1935, 188; 1936, 80. (See 1935, 456; 1936, 257.)

For legislation authorizing temporary borrowings by cities, towns
and districts in anticipation of receipts from federal grants for emer-
gency pubhc works, see 1935, 213, 404 § 8; renewal of such borrow-
ings, 1936, 64.

Sect. 2 revised, 1936, 224 § 4. (See 1936, 224 §§ 11, 12.)
Sect. 4 amended, 1934, 11 § 1; affected, 1934, 11 §§ 2, 3; amended,
1936, 16.

Sect. 4A added, 1935, 68 § 3 (temporary loans by cities in antici-
pation of revenue exempted from charter provisions relative to publi-
cation and referendum).

Sect. 5A amended, 1935, 68 § 4.

Sect. 7 amended, 1936, 224 § 5. (See 1936, 224 §§ 11, 12.)

Sect. 10 amended, 1936, 224 § 6. (See 1936, 224 §§ 11, 12.)

Sect. 11 amended, 1936, 224 § 7. (See 1936, 224 §§11, 12.)

Sect. 12 amended, 1936, 224 § 8. (See 1936, 224 §§ 11, 12.)

Sect. 16, last sentence stricken out, 1936, 224 § 10. (See 1936, 224

§§ 11, 12.)

Sect. 22 amended, 1936, 224 § 9. (See 1936, 224 §§ 11, 12.)

Sect. 29. As to tax limit of Boston, see 1932, 125; 1933, 159; 1934,
201; 1935, 284; 1936, 224.

Sect. 46A added, 1932, 155 (making permanent certain provisions
of law relative to investigations of municipal accounts and financial
transactions by the director of accounts). (For prior temporary legis-
lation, see 1926, 210; 1929, 335.]

Sect. 51 amended, 1934, 355.

Sect. 54 amended, 1933, 200.

Sect. 56A added, 1934, 229 § 1 (relative to the financial year of
cities). (See 1934, 229 §§ 2, 3.)

Chapter 46. — Return and Registry of Births, Marriages and Deaths.

Sect. 1, third sentence of second paragraph revised, 1933, 280 § 1,
Sect. 2A added, 1933, 279 (regulating the impounding of birth
records of children born out of wedlock).
Sect. 9 amended, 1936, 100,

Sect. 13, second paragraph amended, 1933, 280 § 2.
Sect. 17 revised, 1932, 12.

Chapter 48. — Fires, Fire Departments and Fire Districts.

For emergency legislation incident to the National Industrial Re-
covery Act and the Emergency Relief Appropriation Act of 1935, see
1933, 366; 1934, 21; 1935, 404; 1936, 64, 83, 414.

For legislation authorizing cities, towns and districts to borrow,
during 1935 and 1936, on account of pubhc welfare and soldiers' bene-
fits and their share of the cost of Emergency Relief Administration
projects, see 1935, 188; 1936, 80. (See 1935, 456; 1936, 257.)

Chaps. 50-53.] GENERAL LawS. 655

For legislation authorizing temporary borrowings by cities, towns
and districts in anticipation of receipts from federal grants for emer-
gency public works, see 1935, 213, 404 § 8; renewal of such borrow-
ings, 1936, 64.

Sect. 15 amended, 1932, 180 § 8.

Chapter 50. — General Provisions relative to Primaries, Caucuses and

Elections.

Sect. 2 amended, 1932, 141 § 1.

Chapter 51. — Voters.

Sect. 1, paragraph added at end, 1932, 206.

Sect. 2 amended, 1933, 254 § 3. (See 1933, 254 § 66.)

Sect. 3 amended, 1933, 254 § 4. (See 1933, 254 § 66.)

Sect. 4 amended, 1933, 254 § 5; first paragraph revised, 1935, 345

§ 1. (See 1933, 254 §§ 65, 66.)
Sect. 7 amended, 1933, 254 § 6; revised, 1935, 345 § 2. (See 1933,

254 §§ 65, 66.)

Sect. 8 amended, 1933, 254 § 7. (See 1933, 254 § 66.)
Sect. 9 amended, 1933, 254 § 8. (See 1933, 254 § 66.)
Sect. 14B added, 1933, 254 § 9 (amending special acts relative to

the listing of voters in certain municipalities so as to conform to the

change in taxing date from April 1 to January 1). (See 1933, 254

§§ 65, 66.)
Sect. 26 amended, 1932, 48 § 1; 1935, 37 § 1.
Sect. 27 revised, 1932, 48 § 2; amended, 1935, 37 § 2.
Sect. 32 amended, 1933, 254 § 10. (See 1933, 254 § 66.)
Sect. 34 amended, 1933, 254 § 11. (See 1933, 254 § 66.)
Sect. 36 amended, 1933, 254 § 12. (See 1933, 254 § 66.)
Sect. 37 amended, 1933, 254 § 13. (See 1933, 254 § 66.)
Sect. 43 amended, 1933, 254 § 14. (See 1933, 254 § 66.)
Sect. 55 amended, 1933, 254 § 15; sentence added at end, 1936,

2 § 1. (See 1933, 254 § 66.)

Chapter 52. — Political Committees.

Sect. 1 amended, 1932, 310 § 1; revised, 1934, 288 § 1; 1936, 99.
(See 1934, 288 § 5.)

Sect. 2 amended, 1932, 310 § 2; revised, 1934, 288 § 2; amended,
1936, 11 § 2. (See 1934, 288 § 5; 1936, 11 § 3.)

Sect. 4 amended, 1934, 288 § 3. (See 1934, 288 § 5.)

Sect. 7 amended, 1934, 118; first paragraph stricken out, 1934, 288
§ 4. (See 1934, 288 § 5.)

Sect. 9 amended, 1932, 310 § 3.

Chapter 53. — Nominations, Questions to be submitted to the Voters,
Primaries and Caucuses.

Sect. 2 amended, 1932, 310 § 4; last sentence revised, 1934, 32 § 1.
Sect. 3 revised, 1936, 116 § 1.
Sect. 6 amended, 1936, 101.

Sect. 7 amended, 1933, 254 § 16; sentence inserted, 1936, 2 § 2;
section revised, 1936, 4 § 1. (See 1933, 254 § 66.)

656 Changes in the [Chap. 54.

Sect. 8, first paragraph amended, 1932, 135 § 4; section amended,

1933, 35 § 1.

Sect. 10, first paragraph amended, 1934, 111; second paragraph
revised, 1933, 313 § 2.

Sect. 11, sentence added at end, 1933, 313 § 3.

Sect. 12A added, 1933, 305 (to prevent certain fraudulent nomina-
tions).

Sect. 13, sentence added at end, 1933, 313 § 4.

Sect. 18 revised, 1934, 282.

Sect. 22A amended, 1932, 80.

Sect. 28 amended, 1932, 310 § 5; revised, 1933, 313 § 5; amended,

1934, 32 § 2; affected (during 1934), 1934, 89.
Sect. 32 amended, 1932, 310 § 6.

Sect. 34 revised, 1932, 310 § 7.

Sect. 35 amended, 1932, 310 § 8.

Sect. 40 revised, 1932, 30.

Sect. 41 revised, 1932, 310 § 9.

Sect. 42 amended, 1932, 310 § 10.

Sect. 43 amended, 1932, 310 § 11.

Sect. 44 revised, 1932, 310 § 12; amended, 1935, 38.

Sect. 45 amended, 1932, 310 § 13; first paragraph amended, 1936, 22.

Sect. 46 amended, 1936, 4 § 2.

Sect. 47 amended, 1932, 310 § 14.

Sect. 48 amended, 1932, 310 § 15. (Temporarily affected, 1934,
165; 1936, 150.)

Sect. 49 revised, 1932, 310 § 16.

Sect. 51 amended, 1932, 310 § 17.

Sect. 52 amended, 1932, 310 § 18.

Sect. 53 revised, 1932, 310 § 19.

Sect. 53 A amended, 1932, 310 § 20.

Sect. 54 revised, 1932, 310 § 21; two sentences added, 1935, 482
§ 1; section amended, 1936, 11 § 1. (See 1936, 11 §§ 2, 3.)

Sects. 54 A and 54B added, 1932, 310 § 22 (relative to proceedings
at pre-primary conventions, to the form of certificates of nomination
of candidates thereat, and to the acceptance of such nominations).

Sect. 55, paragraph added at end, 1936, 116 § 2.

Sect. 61 amended, 1936, 140.

Sects. 65-70 (and caption) repealed, 1932, 310 § 23.

Sect. 72A added, 1933, 313 § 6 (relative to caucuses before regular
city elections in cities having absent voting).

Sect. 112 amended, 1935, 59 § 2.

Sect. 117 amended, 1932, 141 § 2.

Sect. 121 added, 1932, 141 § 3 (authorizing the nomination by
caucuses other than those of political or municipal parties of two
candidates for each town office) ; revised, 1936, 204.

Chapter 54. — Elections.

Sect. 4 revised, 1935, 482 § 2; amended, 1936, 185.
Sect. 11 amended, 1932, 76 § 1; 1934, 158 § 1.

Sect. 11 A added, 1932, 76 § 2 (dispensing with the appointment of
deputy election officers in certain cities).
Sect. 12 amended, 1934, 158 § 2.

Chaps. 56, 58.] GENERAL LawS. 657

Sect. 13 amended, 1934, 158 § 3.

Sect. 19 amended, 1934, 158 § 4.

Sect. 21 amended, 1934, 158 § 5.

Sect. 33, last sentence stricken out, and paragraph inserted at end,
1935 238 § 1

Sect. 34 revised, 1936, 205 § 1.

Sect. 38 revised, 1936, 205 § 2.

Sect. 41, third paragraph amended, 1933, 35 § 2.

Sect. 42 amended, 1932, 135 § 5; first paragraph amended, 1935,
238 § 2.

Sect. 43 revised, 1932, 135 § 1.

Sect. 62 amended, 1935, 257 § 5. (See 1935, 257 § 12.)

Sect. 64, last paragraph amended, 1934, 39 § 5.

Sect. 65 revised, 1933, 289 § 1.

Sect. 78 revised, 1932, 135 § 2.

Sect. 87, subsection (6) revised, 1936, 404 § 1 ; subsection (c) revised,
1936, 404 § 2.

Sect. 89 revised, 1936, 404 § 3.

Sect. 92 revised, 1936, 404 § 4.

Sect. 93 revised, 1936, 404 § 5.

Sect. 95 revised, 1936, 404 § 6.

Sect. 96 amended, 1936, 404 § 7.

Sect. 100 revised, 1936, 404 § 8.

Sect. 103A added, 1933, 313 § 1 (providing for absent voting at
regular city elections); affected, 1936, 404 § 9.

Sect. 104 amended, 1934, 39 § 6.

Sect. 112 amended, 1935, 257 § 6. (See 1935, 257 § 12.)

Sect. 122 amended, 1935, 257 § 7. (See 1935, 257 § 12.)

Sect. 132 amended, 1932, 33.

Sect. 135, first paragraph amended, 1933, 254 § 17; section revised,
1933, 270; first paragraph revised, 1935, 59 § 1. (See 1933, 254 § 66.)

Sect. 137 amended, 1935, 55.

Sect. 144 revised, 1935, 257 § 8. (See 1935, 257 § 12.)

Sect. 146 amended, 1935, 257 § 9. (See 1935, 257 § 12.)

Sect. 151 amended, 1932, 135 § 3.

Sect. 158 amended, 1935, 257 § 10. (See 1935, 257 § 12.)

Sect. 161 (except last paragraph) amended, 1934, 265,

Chapter 56. — Violations of Election Laws.

Sect. 39 revised, 1933, 289 § 2.

Chapter 58. — General Provisions relative to Taxation.

For legislation relative to the collection of certain taxes and other
charges due the commonwealth, see 1935, 498 §§2, 3, 4; 1936, 440
§§2,3,4.
Sect. 1, fifth sentence amended, 1932, 180 § 9.
Sect. 2 amended, 1933, 254 § 18. (See 1933, 254 § 66.)
Sect. 3 amended, 1933, 254 § 19. (See 1933, 254 § 66.)
Sect. 8 revised, 1935, 322 § 1.

Sect. 10 amended, 1934, 323 § 9. (See 1934, 323 § 11.)
Sect. 13 amended, 1933, 254 § 20. (See 1933, 254 § 66.)
Sect. 15 amended, 1933, 254 § 21. (See 1933, 254 § 66.)

658 Changes in the [Chaps. 58A, 5^.

Sect. 18 revised, 1933, 350 § 7; amended, 1936, 405 § 1; affected,

1933, 357 § 4; 1935, 438 § 2. (See 1933, 307 § 11, 350 § 9; 1936,

362 § 4.)

Sect. 20 revised, 1936, 362 § 3. (See 1936, 362 §§ 4, 8.)

Sect. 20A added, 1936, 376 § 3 (relative to the set-off of money due

to the commonwealth from a city or town against sums due to the city

or town from the commonwealth).

Sect. 21 amended, 1933. 254 § 22; repealed, 1934, 323 § 1. (See

1933, 254 § 66; 1934, 323 § 11.)
Sects. 22 and 23 repealed, 1934, 323 § 1. (See 1934, 323 § 11.)
Sect. 24 amended, 1933, 254 § 23. (See 1933, 254 § 66.)
Sect. 24A revised, 1934, 323 § 2. (See 1934, 323, § 11.)
Sect. 25 revised, 1934, 323 § 3. (See 1934, 323 § 11.)
Sect. 25A revised, 1934, 323 § 4. (See 1934, 323 § 11.)
Sect. 26 amended, 1933, 254 § 24; repealed, 1934, 323 § 1. (See

1933, 254 § 66; 1934, 323 § 11.)

Chapter 58A. — Board of Tax Appeals.

For legislation temporarily increasing the membership of the board

of tax appeals, see 1933, 321 § 1.

Sect. 6 amended, 1932, 180 § 10; revised, 1933, 167 § 4; one word

stricken out, 1934, 323 § 10. (See 1933, 167 § 5; 1934, 323 § 11.)
Sect. 7 revised, 1933, 321 § 2. (See 1933, 321 § 9.)
Sect. 7A added, 1933, 321 § 3 (providing for the establishment of

informal procedure before the board of tax appeals); revised, 1935,

447. (See 1933, 321 §§ 8, 9.)

Sect. 8 revised, 1933, 321 § 4. (See 1933, 321 § 9.)

Sect. 8A added, 1935, 276 § 1 (providing for adequate discovery in

tax appeal cases).

Sect. 10 revised, 1933, 321 § 5. (See 1933, 321 § 9.)

Sect. 12 amended, 1933, 321 § 6. (See 1933, 321 § 9.)

Sect. 13 revised, 1933, 321 § 7; one sentence revised, 1933, 350 § 8;

same sentence amended, 1935, 218 § 1. (See 1933, 321 § 9; 350^§ 9.)

Chapter 59. — Assessment of Local Taxes.

For temporary provisions relative to old age assistance taxes and
state reimbursement of cities and towns for old age assistance given
by them, see 1932, 259 §§ 1, 2. (For prior legislation, see 1931, 398.)

Fo/ legislation relative to the collection of certain taxes and other
charges due the commonwealth, see 1935, 498 §§ 2, 3, 4; 1936, 440
§§ 2, 3, 4.

As to Boston taxes, see 1932, 125; 1933, 159; 1934, 201; 1935, 284;
1936, 224.

Sect. 1 amended, 1936, 202 § 1. (See 1936, 202 § 2.)

Sect. 5, clause First revised, 1936, 81; clause Third, subsection (c)
amended, 1933, 198 § 1 (see 1933, 198 § 2) ; clause Sixteenth revised,
1936, 362 § 1 (see 1936, 362 §§ 4, 8); clause Seventeenth revised,

1935, 294; clause Twenty-third amended, 1932, 114 § 4.

Sect. 6 amended, 1933, 254 § 25; 1936, 59 § 1. (See 1933, 254 § 66;

1936, 59 § 3.)

Sects. 6 and 7. See 1934, 307.

Sect. 7, first paragraph amended, 1936, 59 § 2. (See 1936, 59 § 3.)

Chap. 60.] GENERAL LaWS. 659

Sect. 8 amended, 1933, 80; 254 § 26; paragraph added at end,

1935, 119 § 1. (See 1933, 254 § 66; 1935, 119 § 2.)
Sect. 9 amended, 1933, 254 § 27. (See 1933, 254 § 66.)
Sect. 10 amended, 1933, 254 § 28. (See 1933, 254 § 66.)
Sect. 11 amended, 1933, 254 § 29; revised, 1936, 92. (See 1933,

254 § 66.)

Sect. 18, opening paragraph and clauses First and Second amended,

1933. 254 § 30; clause Second revised, 1936, 362 § 2. (See 1933, 254

§ 66; 1936, 362 § 8.)
Sect. 19 amended, 1933, 254 § 31. (See 1933, 254 § 66.)
Sect. 20 revised, 1933, 254 § 32; amended, 1936, 376 § 1. (See

1933, 254 § 66.)
Sect. 21 revised, 1933, 254 § 33; 1936, 376 § 2. (See 1933, 254 § 66.)
Sect. 27 amended, 1936, 118 § 2. (See 1936, 118 § 3.)
Sect. 29, last three sentences revised, 1933, 254 § 34. (See 1933,

254 § 66.)

Sect. 33 amended, 1933, 254 § 35. (See 1933, 254 § 66.)
Sect. 39 amended, 1933, 254 § 36. (See 1933, 254 § 66.)
Sect. 41 amended, 1933, 254 § 37. (See 1933, 254 § 66.)
Sect. 45 amended, 1933, 254 § 38; form appended to section amended,

1933, 254 § 39. (See 1933, 254 § 66.)
Sect. 47 amended, 1933, 254 § 40. (See 1933, 254 § 66.)
Sect. 49 amended, 1933, 254 § 41. (See 1933, 254 § 66.)
Sect. 57 amended, 1933, 151 § 1; revised, 1933, 254 § 42; 1935,

158 § 1. (See 1933, 151 § 2; 254 § 66; 1935, 158 § 2.)

Sect. 59, sentence added at end, 1933, 165 § 1; section revised, 1933,

254 § 43, 266 § 1; 1934, 136 § 2; amended, 1935, 187 § 1. (See 1933,

254 § 66, 266 § 2; 1934, 136 § 3; 1935, 187 § 2.)
Sect. 61, last sentence revised, 1933, 165 § 2.
Sect. 61A added, 1935, 276 § 2 (providing for adequate discovery

in proceedings for tax abatement).

Sect. 64, first paragraph amended, 1933, 130 § 1; second paragraph

amended, 1935, 218 § 2.

Sect. 65 amended, 1933, 130 § 2, 167 § 1.

Sect. 65A added, 1932, 218 § 1 (providing that the sale or 'taking of

real property for payment of unpaid taxes thereon shall not prejudice

proceedings for the abatement of such taxes) ; revised, 1933, 325 § 18.

(See 1932, 218 § 2; 1933, 325 § 19.)
Sect. 69 amended, 1935, 218 § 3.

Sect. 73 amended, 1933, 254 § 44. (See 1933, 254 § 66.)
Sect. 74 amended, 1933, 254 § 45. (See 1933, 254 § 66.)
Sect. 75 amended, 1934, 104.

Sect. 83 amended, 1933, 254 § 46. (See 1933, 254 § 66.)
Sect. 84 amended, 1933, 254 § 47. (See 1933, 254 § 66.)
Sect. 85 amended, 1933, 254 § 48. (See 1933, 254 § 66.)
Sect. 86 amended, 1933, 254 § 49. (See 1933, 254 § 66.)

Chapter 60. — Collection of Local Taxes.

Temporary acts providing for advance payments on account of
taxes (for 1932, 1933 and 1934) in certain cities and towns, 1932, 94;
1933, ,99.

Sect. 1, third paragraph revised, 1933, 164 § 1.

660 Changes in the [Chap. 60.

Sect. 3 revised, 1933, 254 § 50. (See 1933, 254 § 66.)

Sect. 3A added, 1934, 136 § 1 (requiring that certain information
relative to abatement or exemptions be included in tax bills) ; amended,
1936, 156. (See 1934, 136 § 3.)

Sect. 3B added, 1935, 322 § 2 (relative to the suspension of payment
of certain assessments payable by certain persons entitled to exemp-
tion from local taxes.)

Sect. 5 revised, 1933, 168 § 2.

Sect. 15, first paragraph amended, 1934, 151 § 2; 1935, 252 § 1.

Sect. 15A added, 1935, 252 § 2 (further regulating charges and fees
for the collection of poll taxes).

Sect. 16 revised, 1933, 168 § 1; amended, 1933, 254 § 51. (See

1933, 168 § 4, 254 § 66.)

Sect. 18 repealed, 1932, 54 § 1.

Sect. 22 revised, 1933, 254 § 52; affected, 1933, 308. (See 1933,
254 § 66.)

Sect. 23 revised, 1932, 197 § 1.

Sect. 37 amended, 1933, 254 § 53, 325 § 1; 1934, 131 § 2; revised,

1934, 169; amended, 1935, 269; 1936, 146. (See 1933, 254 § 66; 1934,
131 § 3.)

Sect. 38 amended, 1933, 254 § 54, 325 § 2. (See 1933, 254 § 66;
325 § 21.)

Sect. 39 amended, 1933, 325 § 3.

Sect. 42 revised, 1933, 164 § 2.

Sect. 43, last sentence revised, 1932, 54 § 2; section amended, 1935,
183 236

Sect. 45 amended, 1933, 325 § 4.

Sect. 46, paragraph added at end, 1934, 131 § 1.

Sect. 48 amended, 1933, 325 § 5. (See 1933, 325 § 20.)

Sect. 50 revised, 1933, 325 § 6; amended, 1935, 414 § 1; 1936, 93 § 2.
(See 1935, 414 § 4.)

Sect. 50A added, 1934, 154 § 2 (providing for protection of interests
in real estate held under tax title or taking).

Sect. 51 amended, 1933, 254 § 55. (See 1933, 254 § 66.)

Sect. 52 revised, 1936, 392 § 1.

Sect. 53 revised, 1933, 164 § 3. (See 1933, 325 § 20.)

Sect. 54 amended, 1933, 325 § 7.

Sect. 55 amended, 1933, 325 § 8.

Sect 58 revised 1932 2.

Sect! 59 amended, 1933,254 § 56. (See 1933, 254 § 66.)

Sect. 61 revised, 1933, 325 § 9; amended, 1934, 48; 1936, 93 § 1.
(See 1933, 325 § 20.)

Sect. 62 revised, 1933, 325 § 10; first paragraph amended, 1934,
218; same paragraph revised, 1935, 414 § 2; second paragraph re-
vised, 1935, 278; section revised, 1936, 392 § 2. (See 1935, 414 § 4.)

Sect. 63 amended, 1933, 325 § 11; revised, 1936, 392 § 3.

Sect. 65 amended, 1933, 325 § 12.

Sect. 66 amended, 1935, 224 § 1. (See 1935, 224 § 6.)

Sect. 67 amended, 1935, 224 § 2. (See 1935, 224 § 6.)

Sect. 68 amended, 1935, 224 § 3; paragraph added at end, 1935,
354 § 1; section amended, 1935, 414 § 3. (See 1935, 224 § 6; 354 § 3;
414 § 4.)

Chaps. 60A-62.] GENERAL LaWS. 661

Sect. 69 amended, 1935, 224 § 4. (See 1935, 224 § 6.)

Sect. 70 amended, 1935, 224 § 5. (See 1935, 224 § 6.)

Sect. 75 amended, 1936, 189 § 1.

Sect. 76 revised, 1935, 318 § 1; amended, 1936, 189 § 2. (See 1935,
318 §§ 2, 8.)

Sect. 76A added, 1935, 354 § 2 (providing for redemption in part
from tax sales in certain cases). (See 1935, 354 § 3.)

Sect. 78 amended, 1933, 325 § 13; repealed, 1936, 194. (See 1933,
325 § 20.)

Sect. 79, second paragraph amended, 1933, 325 § 14; 1935, 173 § 1.

Sect. 80 amended, 1933, 325 § 15; revised, 1935, 173 § 2.

Sect. 84 revised 1935 260.

Sect! 84A revised, 1933, 325 § 16; 1935, 181 § 1. (See 1935, 181 § 2.)

Sect. 92 revised, 1933, 82 § 1; amended, 1934, 259 § 1.

Sect. 95 revised, 1933, 325 § 17; amended, 1934, 315 § 2; revised,

1935, 248 § 3. (See 1934, 315 § 3.)
Sect. 97 revised, 1934, 151 § 1.
Sect. 105 revised, 1933, 168 § 3.

Form 2 in schedule at end of chapter repealed, 1932, 54 § 1 ; schedule
of forms at end of chapter stricken out, 1933, 168 § 3.

Chapter 60A. — Excise Tax on Registered Motor Vehicles in Lieu of Local

Tax.

Sect. 1, first paragraph amended, 1936, 384 § 1; last paragraph
amended, 1936, 384 § 2.

Sect. 2 revised, 1936, 384 § 3.
Sect. 3 revised, 1936, 384 § 4.
Sect. 6 amended, 1936, 384 § 5.

Chapter 61. — Taxation of Forest Products and Classification and Taxation

of Forest Lands.

Sect. 3 amended, 1933, 254 § 57. (See 1933, 254 § 66.)

Chapter 62. — Taxation of Incomes.

For temporary legislation, discontinuing the income tax exemption
as to dividends of certain corporations, see 1933, 307, 357; 1935, 489;

1936, 82 § 1.

For legislation, providing for temporary additional taxes upon per-
sonal incomes, see 1935, 480; 1936, 397.

Sect. 1, subsection (c), paragraph Third added, 1935, 489 § 6; sub-
section (e) amended, 1935, 489 § 7.

Sect. 5, paragraph (b) amended, 1935, 489 § 8; paragraph (c) re-
vised, 1934, 363 § 1; 1935, 481 §1. (See 1934, 363 § 2; 1935, 481 § 2.)

Sect. 6, clause (g) revised, 1935, 436 § 1. (See 1935, 436 § 2.)

Sects. 7A and 7B added, 1935, 438 § 1 (relative to income taxation
of gains from certain transactions in real property).

Sect. 18. See Sect. 18 of Chapter 58 in this Table.

Sect. 21 A added, under caption "presumption as to inhabitancy",
1936, 310 (providing that individuals under certain circumstances shall
be presumed to be inhabitants of the Commonwealth for income tax
purposes).

662 Changes in the [Chap. 63.

Sect. 25A added, 1935, 438 § 3 (relative to returns of taxable gains
from certain transactions in real property).
Sect. 30 amended, 1935, 152.
Sect. 33, paragraph added, 1932, 186.
Sect. 36 amended, 1933, 167 § 2.
Sect. 37 revised, 1933, 350 § 1. (See 1933, 350 § 9.)
Sect. 37A added, 1933, 350 § 2 (providing for the payment of in-
come taxes in two installments). (See 1933, 350 § 9.)

Sect. 39, first sentence revised, 1933, 350 § 3. (See 1933, 350 § 9.)
Sect. 41 revised, 1932, 152; 1933, 350 § 4. (See 1933, 350 § 9.)
Sect. 43 amended, 1933, 350 § 5. (See 1933, 350 § 9.)
Sect. 46 revised, 1933, 350 § 6. (See 1933, 350 § 9.)

Chapter 63. — Taxation of Corporations.

Sect. 1, paragraph defining "Net income" revised, 1933, 327 § 1.
(See 1933, 327 § 7.)

Sect. 2 amended, 1933, 327 § 2. (See 1933, 327 § 7.)

Sect. 3 amended, 1933, 254 § 58; 1934, 323 § 5. (See 1933, 254 § 66;
1934, 323 § 11.)

Sect. 5 amended, 1933, 254 § 59; repealed, 1934, 323 § 1. (See
1933, 254 § 66; 1934, 323 § 11.)

Sect. 6 repealed, 1934, 323 § 1. (See 1934, 323 § 11.)

Sect. 12, paragraph (h) added at end, 1934, 362.

Sects. 30-51. See 1934, 317 § 2.

Sects. 30-60. For legislation, providing for temporary additional
taxes levied under these sections, see 1935, 480; 1936, 397.

Sect. 30 paragraph contained in lines 48-51 amended, 1933, 58 § 3;
paragraph contained in lines 70-74 amended, 1933, 58 § 4; paragraph
5 revised, 1933, 327 § 3; paragraphs contained in lines 52-69. and
paragraph amended by 1933, 58 § 4, revised, 1934, 237 § 1. (See 1933,
58 § 5; 327 § 7; 1934, 237 § 2.)

Sect. 32 revised, 1933, 342 § 1; amended, 1936, 362 § 5. (See 1933,
342 § 6; 1936, 362 § 8.)

Sect. 32A amended, 1933, 342 § 2. (See 1933, 342 § 6.)

Sect. 33 revised, 1933, 303 § 1. (See 1933, 303 § 3.)

Sect. 34 amended, 1933, 327 § 4. (See 1933, 327 § 7.)

Sect. 35 revised 1933 58 § 1.

Sect! 36 revised', 1933', 327 § 5; amended, 1935, 473 § 2. (See 1933,
327 § 7; 1935, 473 § 7.)

Sect. 38, paragraph 10 added at end, 1933, 342 § 3. (See 1933,
342 § 6.)

Sect. 38B, last paragraph amended, 1935, 473 § 3. (For temporary
legislation affecting the taxation, during 1934, 1935 and 1936, of cor-
porations subject to this section, see 1934, 317 § 1. See 1935, 473 § 7;
489 § 4.)

Sect. 39, last paragraph amended, 1933, 327 § 6; new paragraph
added at end, 1933, 342 § 4; subsection (1) revised, 1936, 362 § 6.
(See 1933, 327 § 7, 342 § 6; 1936, 362 § 8.)

Sect. 39A revised, 1933, 303 § 2; first paragraph amended, 1934,
134. (See 1933, 303 § 3.)

Sect. 40 revised, 1933, 58 § 2.

Chaps. 64A-69.] GENERAL LawS. 663

Sect. 42, last sentence amended, 1932, 180 § 11; section revised,
1933, 342 § 5. (See 1933, 342 § 6.)

Sect. 43. See 1933, 307 § 9A, 357; 1935, 489.

Sect. 44 amended, 1935, 473 § 4; amended, 1936, 362 § 7. (See
1935, 473 § 7; 1936, 362 § 8.)

Sect. 45 amended, 1933, 195 § 1; revised, 1935, 473 § 5. (See 1933,
195 § 2; 1935, 473 § 7.)

Sect. 48 revised, 1935, 473 § 1. (See 1935, 473 § 7.)

Sect. 53, first paragraph amended, 1933, 254 § 60; clause Fourth
revised, 1934, 323 § 6. (See 1933, 254 § 66; 1934, 323 § 11.)

Sect. 54, paragraph in lines 9-17 amended, 1933, 254 § 61; same
paragraph revised, 1934, 323 § 7; last paragraph amended, 1934, 323
§ 7A. (See 1933, 254 § 66; 1934, 323 § 11.)

Sect. 55, first paragraph amended, 1936, 134.

Sect. 56A revised, 1934, 317 § 3. (See 1934, 317 § 4.)

Sect. 59 amended, 1934, 323 § 8. (See 1934, 323 § 11.)

Sect. 70 revised, 1935, 473 § 6. (See 1935, 473 § 7.)

Sect. 71 amended, 1933, 167 § 3.

Sect. 71A amended, 1935, 150.

Chapter 64A. — Taxation of Sales of Gasoline and Certain Other Motor

Vehicle Fuel.

Chapter affected, 1932, 248; 1935, 336; 1936, 398.

Sect. 1, paragraph (d) revised, 1936, 357 § 1. (See 1936, 357 § 3.)

Sect. 5 amended, 1936, 357 § 2. (See 1936, 357 § 3.)

Chapter 65. — Taxation of Legacies and Successions.

For legislation providing for temporary additional taxes upon suc-
cessions and legacies, see 1935, 480; 1936, 397.

Sect. 1, table revised, 1933, 293.

Sects. 24A-24F added, 1933, 319 (providing reciprocal relations in
respect to death taxes upon estates of non-resident decedents).

Chapter 65A. — Taxation of Transfers of Certain Estates.

Sect. 1, paragraph added at end, 1932, 284; second paragraph re-
vised, 1933, 316 § 1. (See 1933, 316 § 2.)

Chapter 66. — Public Records.

Sect. 3 revised, 1936, 305.

Chapter 68. — Donations and Conveyances for Pious and Charitable Uses.

Sect. 10, sentence added at end, 1934, 238.
Chapter 69. — Powers and Duties of the Department of Education.

Sect. 6 amended, 1932, 127 § 3.

Sect. 7 amended, 1935, 275.

Sect. 8 amended, 1932, 127 § 4.

Sect. 25 revised, 1935, 397.

Sect. 26, paragraph added at end, 1935, 286.

664 Changes in the [Chaps. 70-7?.

Chapter 70. — School Funds and Other State Aid for Public Schools.

Sect. 2 amended, 1932, 127 § 5.

Sect. 4, last paragraph amended, 1934, 143.

Sect. 6 amended, 1932, 127 § 6.

Sect. 18 amended, 1932, 127 § 7.

Chapter 71. — Public Schools.

Sect. 30A added, 1935, 370 § 1 (requiring that an oath or affirma-
tion be taken and subscribed to by certain professors, instructors and
teachers in the colleges, universities and schools of the commonwealth).
(See 1935, 370 §§ 2, 2A, 3.)

Sect. 42 revised, 1934, 123.

Sect. 46A amended, 1932, 159.

Sect. 47 revised, 1935, 199.

Sect. 48A amended, 1935, 47.

Sect. 52 amended, 1932, 90.

Sect. 58 amended, 1932, 127 § 8; revised, 1935, 287.

Sect. 68 revised, 1934, 97 § 1. (See 1934, 97 § 2.)

Sect. 69 revised, 1935, 258.

Sect. 71 amended, 1935, 193.

Chapter 73. — State Teachers Colleges (former title, State Normal Schools).

Title changed, 1932, 127 § 9.
Sect. 1 amended, 1932, 127 § 10.
Sect. 2 amended, 1932, 127 § 11.
Sect. 3 amended, 1932, 127 § 12.
Sect. 4 amended, 1932, 127 § 13.
Sect. 4A amended, 1932, 127 § 14.

Sect. 5 amended, 1932, 127 § 15. (Temporarily affected, 1933, 233;
1934, 130; 1935, 277.)
Sect. 6 amended, 1932, 127 § 16.
Sect. 7 amended, 1932, 127 § 17; revised, 1935, 21.

Chapter 74. — Vocational Education.

Sect. 11 amended, 1933, 102 § 2. (See 1933, 102 § 4.)
Sect. 23 repealed, 1933, 102 § 3. (See 1933, 102 § 4.)
Sect. 31 A added, 1934, 65 (authorizing the trustees of the Essex

county agricultural school to pay transportation costs of certain pupils

attending said school).

Sect. 47E, new paragraph added at end, 1935, 22.

Chapter 75. — Massachusetts State College.

Sect. 5 revised, 1935, 288.

Sect. 6 amended, 1935, 462 § 2. (See 1935, 462 § 1.)

Chapter 77. — School Offenders and County Training Schools.

For legislation requiring the closing of the Norfolk, Bristol and
Plymouth union training school, see 1933, 295 § 2.
Sect. 1 revised, 1933, 295 § 1.

Chaps. 78-85.] GENERAL LawS. 665

Chapter 78. — Libraries.

Sect. 4 revised, 1935, 202.

Chapter 79. — Eminent Domain.

Sect. 8 amended, 1936, 187 § 1.

Sect. 15 repealed, 1936, 385 § 1. (See 1936, 385 § 2.)
Sect. 16 amended, 1936, 187 § 2.

Sect. 44A added, 1935, 189 (relative to certain tax liens upon real
estate taken by right of eminent domain) ; amended, 1936, 137.

Chapter 80. — Betterments.

Sect. 1 amended, 1933, 254 § 62. (See 1933, 254 § 66.)

Sect. 4 revised, 1933, 63 § 1.

Sect. 5 amended, 1933, 157 § 2. (See 1933, 157 § 3.)

Sect. 10 revised, 1933, 147.

Sect. lOA added, 1933, 157 § 1 (providing that failure of a board
of officers to take action upon a petition for abatement of a better-
ment assessment shall, for the purposes of appeal, be equivalent to
refusal to abate the assessment). (See 1933, 157 § 3.)

Sect. 13 amended, 1933, 63 § 2; 254 § 63; revised, 1934, 315 § 1.
(See 1933, 254 § 66; 1934, 315 § 3.)

Chapter 81. — State Highways.

Sect. 8 revised, 1936, 371.

Sect. 13A added, 1936, 342 (authorizing the department of public
works to accept in behalf of the commonwealth gifts of certain ease-
ments for the purpose of landscaping along state highways, and to do
such landscaping).

Sect. 19, last four sentences stricken out, 1933, 187 § 1. (See 1933,
187 § 2.)

Sect. 26 amended, 1934, 366.

Chapter 82. — ■ The Laying Out, Alteration, Relocation and Discontinuance
of Public Ways, and Specific Repairs Thereon.

Sect. 7 amended, 1933, 283 § 2.

Sect. 32B added, 1933, 283 § 3 (authorizing the taking of easements
of slope, so called, by county, city or town officers in connection with
the laying out, widening, altering or relocating of public ways).

Sect. 34 amended, 1935, 309.

Chapter 84. — Repair of Ways and Bridges.

Sect. 18 revised, 1933, 114 § 1.

Sect. 19 amended, 1933, 114 § 2.

Sect. 20 revised, 1933, 114 § 3.

Sect. 25. Temporarily affected, 1934, 163.

Chapter 85. — Regulations and By-Laws relative to Ways and Bridges.

Sect. 17B added, 1933, 43 (prohibiting riding upon the rear or on
the side of street railway cars or motor buses without the consent of
the persons in charge thereof).

Sect. 30 amended, 1935, 30.

666 Changes in the [Chaps. 89, 90.

Chapter 89. — Law of the Road.

Sect. 2 revised, 1933, 301.
Sect. 5 amended, 1936, 49.

Sect. 7B added, 1934, 382 (relative to the application of traffic laws
and regulations to fire apparatus and other emergency vehicles).

Chapter 90. — Motor Vehicles and Aircraft.

Sect. 1, paragraph (defining ''motor vehicles") amended, 1932, 182;
paragraph in lines 41-45 (defining "register number") revised, 1935,
43; paragraph (defining ''school bus") added, 1932, 271 § 1; two para-
graphs (defining "semi-trailer" and "semi-trailer unit") added, 1933,
332 § 1; paragraph in lines 52-56 stricken out, and two paragraphs
(defining "tractor" and "trailer") inserted, 1933, 332 § 2. (See 1932,
271 § 7; 1933, 332 § 5.)

Sect. 1A amended, 1933, 372 § 3; 1934, 264 § 2.

Sect. 2, fourth paragraph revised, 1932, 5; last paragraph revised,
1933, 54.

Sect. 3, first sentence revised, 1933, 188.

Sect. 7 amended, 1932, 123 § 1; 1933, 51; second sentence amended,
1933, 109. (See 1932, 123 § 2.)

Sect. 7A revised, 1932, 41, 271 § 2. (See 1932, 271 § 7.)

Sect. 7B added, 1932, 271 § 3 (prerequisites to operation of school
bus). (See 1932, 271 § 7.)

Sect. 8 amended, 1934, 103.

Sect. 9 amended, 1934, 361.

Sect. 9A revised, 1932, 168 § 1; 1935, 393 § 1. (See 1932, 168
§§2,3; 1935,393 §2.)

Sect. 10 amended, 1935. 219.

Sect. 15 amended, 1932, 271 § 5; 1933, 26 § 1. (See 1932, 271 § 7.)

Sect. 17, sentence added at end, 1932, 271 § 4. (See 1932, 271 § 7.)

Sect. 19, last sentence revised, 1933, 332 § 3; 1935, 223 § 1; section
revised, 1935, 326 (but see 1935, 465); amended, 1936, 388 § 1. (See
1933, 332 § 5; 1935, 223 § 2; 1936, 388 § 2.)

Sect. 20A added, 1934, 368 § 1 (providing for the non-criminal dis-
position of charges for violation of motor vehicle parking rules, regula-
tions, orders, ordinances and by-laws) ; revised, 1935, 176. (See 1934,
368 § 2.)

Sect. 21 amended, 1936, 406.

Sect. 22, two paragraphs added at end, 1933, 191.

Sect. 22A added, 1932, 304 § 1 (requiring the suspension of licenses
to operate motor vehicles issued to persons who do not satisfy judg-
ments in motor vehicle accident cases involving property damage).
(See 1932, 304 § 2.)

Sect. 23, new paragraph added at end, 1933, 69.

Sect. 24 amended, 1932, 26 § 1; sentence contained in lines 65-97
amended, 1935, 360; first sentence amended, 1936, 182 § 1; paragraph
added at end, 1936, 182 § 2; section revised, 1936, 434 § 1.

Sect. 29, last sentence amended, 1932, 26 § 2; section amended,
1935, 477 § 1; second sentence revised, 1936, 391.

Sect. 32B repealed, 1934, 209 § 2. (See 1934, 209 § 3.)

Chaps. 91-94.] GENERAL LaWS. 667

Sects. 32C-32F added, 1934, 209 § 1 (further regulating the business
of leasing motor vehicles upon a mileage basis). (See 1934, 209 § 3.)

Sect. 33, paragraph in lines 21-41 amended, 1932, 180 § 12; same
paragraph stricken out, and two paragraphs inserted, 1933, 332 § 4;
two paragraphs so inserted stricken out, and new paragraph inserted,
1935, 409 § 1 ; the paragraph so inserted amended, 1936, 380 § 1 ; first
four paragraphs stricken out, and five new paragraphs inserted, 1932,
249 § 1; fourth paragraph (as appearing in 1932, 249 § 1) amended,
1933, 183 § 1; last paragraph amended, 1936, 401. (See 1932, 249 § 2;
1933, 183 § 2, 332 § 5; 1935, 409 § 2; 1936, 380 § 2.)

Sect. 34, four words stricken out, 1933, 197 § 3; first paragraph
amended, 1934, 364 § 1. (See 1934, 364 § 3.)

Sect. 34A, new paragraph (defining "guest occupant") added, 1935,
459 § 1; paragraphs defining "motor vehicle Hability bond" and
"motor vehicle liability policy" revised, 1935, 459 § 2. (See 1935,
459 § 5.)

Sect. 34B, second paragraph revised, 1933, 83 § 1; 1935, 302; fourth
paragraph revised, 1933, 83 § 2. (See 1933, 83 § 3.)

Sect. 34C amended, 1932, 180 § 13.

Sect. 34D revised, 1935, 459 § 3. (See 1935, 459 § 5.)

Sect. 34H, first paragraph amended, 1933, 119 § 4; new paragraph
inserted, 1933, 119 § 5. (See 1933, 119 § 6.)

Sects. 35-60 stricken out, and new sections 35-50 (uniform aero-
nautical code) inserted, 1935, 418 § 2.

Sect. 53, last sentence amended, 1932, 180 § 14. [See notation
next above.]

Chapter 91. — Waterways.

Sect. 46A added, 1935, 362 § 1 (penalizing the unlicensed breaking
up or altering of vessels, scows, lighters or certain other structures).
Sect. 49 revised, 1935, 362 § 2.

Chapter 92. — Metropolitan Sewers, Water and Parks.

For legislation including a certain portion of Lexington in the north
metropolitan sewerage svstem, see 1934, 225.

Sect. 48 amended, 1934, 266 § 1. (See 1934, 266 § 4.)

Sect. 56 revised, 1933, 197 § 1.

Sect. 57 amended, 1933, 197 § 2.

Sect. 93 amended, 1934, 266 § 2. (See 1934, 266 § 4.)

Sect. 94 amended, 1934, 266 § 3. (See 1934, 266 § 4.)

Chapter 94. — Inspection and Sale of Food, Drugs and Various Articles.

Sect. 1, paragraph in lines 128-132 (defining "pasteurized milk")
revised, 1932, 158; section amended in part, 1933, 67 §§ 1-5; para-
graph (defining "milk plant" and "manufactory") added, 1933,
338 § 1.

Sects. lOA-lOE stricken out, and new sections lOA-lOG (regu-
lating the manufacture, bottling and sale of certain non-alcoholic
beverages) inserted, 1935, 441.

Sects. 12-48A. For temporary legislation establishing within the
department of agriculture a milk control board, and defining its powers

668 Changes in the [Chap. 94.

and duties, see 1934, 376; term of office of said board extended, 1936,
300.

Sects. 13, 14, 14A and 15 stricken out, and new sections 13-13E
(relative to the grading of milk) inserted, 1933, 263 § 1. (See 1933,
263 § 3.)

Sect. 16 stricken out and sections 16-161 (regulating the produc-
tion, sale and distribution of milk) inserted, 1932, 305 § 3. (See 1932,
305, §§ 5, 6.)

Sect. 17A amended, 1933, 124.

Sect. 18 revised, 1933, 263 § 2. (See 1933, 263 § 3.)

Sect. 29A revised, 1933, 253.

Sect. 30 revised, 1933, 253.

Sect. 31 revised, 1933, 253.

Sect. 42A stricken out, and new sections 42A-42K (requiring dealers
in milk or cream to be licensed and bonded) inserted, 1933, 338 § 2.

Sect. 42A amended, 1935, 126.

Sect. 42F revised, 1934, 180 § 1.

Sect. 42H, paragraph 2 revised, 1934, 180 § 2.

Sect. 43 revised, 1932, 305 § 4; amended, 1935, 88; first paragraph
amended, 1936, 210. (See 1932, 305 §§ 5, 6.)

Sect. 45 revised, 1935, 317.

Sect. 48B added, 1935, 259 (requiring institutions supported wholly
or in part by funds of the commonwealth to use milk, other than
cream and certified milk, produced within the commonwealth).

Sect. 60 revised, 1934, 373 § 2.

Sects. 64, 64A, 65, 65A, 65B, 65E and 65F, and the caption of said
section 64, stricken out, and sections 65G-65S inserted, under caption
"frozen desserts and ice cream mix", 1934, 373 § 1. (See 1934, 373
§8.)

Sect. 74 revised, 1933, 329 § 5.

Sect. 74A added, 1933, 329 § 6 (definition of "fish").

Sects. 75 and 76 repealed, 1933, 329 § 7.

Sect. 77, first sentence stricken out, 1933, 329 § 8.

Sect. 77A added, 1934, 216 (regulating the importation of fresh
swordfish) .

Sect. 78 revised, 1933, 329 § 9.

Sect. 78A added, 1933, 329 § 10 (prohibiting certain misrepresen-
tations in the sale of lobsters).

Sect. 79 repealed, 1933, 329 § 7.

Sect. 81 revised, 1933, 329 § 11.

Sect. 83 revised, 1933, 329 § 12.

Sect. 88 A revised, 1933, 329 § 13.

Sect. 88B added, 1936, 176 (requiring that shucked scallops and
quahaugs in the shell be sold only by weight).

Sect. 90A added, 1935, 369 (relative to the sale and distribution of
eggs).

Sect. 92B added, under caption "meats and poultry", 1935, 97
(requiring the retail sale of meats and poultry to be by weight).

Sect. 123 amended, 1932, 180 § 15.

Sect. 146, first paragraph amended, 1934, 340 § 6. (See 1934, 340
§18.)

Sect. 148, second paragraph amended, 1934, 340 § 6A. (See 1934,
340 § 18.)

Chap. 98.] GENERAL LaWS. 669

Sects. 152A-152C added, 1934, 296 (relative to the sale and trans-
portation of poultry).

Sect. 152A amended, 1935, 157 § 1.

Sect. 152B revised, 1935, 157 § 2.

Sect. 153A added, 1933, 116 (relative to the sale of meat and meat
products containing certain preservatives); revised, 1933, 311.

Sect. 197, paragraph in lines 10-15 revised, 1935, 412 § 1.

Sect. 198 amended, 1935, 412 § 2.

Sects. 198A and 198B added, 1935, 412 § 3 (relative to the licensing
of certain dealings in narcotic drugs).

Sect. 201 amended, 1935, 412 § 4.

Sect. 203 amended, 1935, 412 § 5.

Sect. 206 amended, 1935, 412 § 6.

Sect. 211 amended, 1935, 412 § 7.

Sect. 214 amended, 1935, 412 § 8.

Sect. 215 amended, 1935, 412 § 9.

Sect. 217 amended, 1935, 412 § 10.

Sect. 245 revised, 1933, 94 § 2.

Sect. 248 amended, 1934, 184.

Sect. 249G added, under caption "material for road construc-
tion", 1933, 94 § 1 (authorizing certain officers to direct the weighing
of material for road construction).

Sect. 250 revised, 1933, 67 § 6.

Sect. 252 amended, 1933, 67 § 7.

Sect. 254 amended, 1933, 67 § 8.

Sect. 255 amended, 1933, 67 § 9.

Sect. 256 revised, 1933, 67 § 10.

Sect. 257 revised, 1933, 67 § 11.

Sect. 258 revised, 1933, 67 § 12.

Sects. 270A and 270B added, 1935, 439 (providing for the sterihza-
tion of feathers, down and second-hand material intended for use in
the manufacture of any artigle of bedding or of upholstered furniture).

Sect. 295A added, under heading "petroleum products", 1933,
228 (relative to prevention of fraud and misrepresentation in the sale
of gasoline, lubricating oils and other motor fuels, and to prevention
of the adulteration thereof).

Sect. 298 amended, 1934, 109 § 1.

Sect. 299 amended, 1934, 109 § 2.

Sects. 303A-303E added, under caption "methyl or wood alco-
hol", 1934, 372 § 3 (relative to such alcohol and to certain preparations
containing such alcohol).

Sect. 303A amended, 1935, 342; 1936, 53.

Sect. 303F added, under caption "fuel oils", 1935, 95 (regulating
the sale of fuel oils).

Chapter 98. — Weights and Measures.

Sect. 14A amended, 1936, 73.
Sect. 20 amended, 1934, 373 § 3.
Sect. 21 amended, 1934, 373 § 4.
Sect. 30 repealed, 1935, 60 § 2.
Sect. 32 amended, 1935, 60 § 3.

670 Changes in the [Chaps. loo-iioA.

Sect. 37 amended, 1936, 72.

Sect. 56, paragraph (byQ added, 1934, 98 (establishing fees for seal-
ing certain liquid-measuring meters).

Chapter 100. — Auctioneers.

Sect. 1, paragraph added at end, 1936, 209 § 1.

Sect. 5 amended, 1932, 156 § 1.

Sect. 14 revised, 1932, 156 § 2.

Sect. 16 revised, 1932, 156 § 3.

Sects. 18-21 added, 1936, 209 § 2 (relative to bankruptcy auctions
and other auctions of similar type and relative to certain fraudulent
practices at auctions).

Chapter 101. — Transient Vendors, Hawkers and Pedlers.

Sect. 1, second paragraph revised, 1936, 218.

Sect. 5 amended, 1933. 254 § 64. (See 1933, 254 § 66.)

Sect. 16 revised, 1935, 42.

Sect. 19 amended, 1934, 114.

Sect. 24 amended, 1936, 74.

Sect. 30 amended, 1934, 77.

Chapter 102. — Shipping and Seamen, Harbors and Harbor Masters.

Sect. 15 revised, 1932, 232 § 1.

Sect. 15A added, 1932, 232 § 2 (penalty for improper operation of
motor and other boats).
Sect. 17 revised, 1932, 57.

Chapter 105. — Public Warehouses.

Sect. 1 amended, 1935, 310 § 1.

Sects. 2A and 2B added, 1935, 122 § 1 (relative to the termination
of liability of sureties on bonds furnished by public warehousemen).
(See 1935, 122 § 3.)

Sect. 6 revised, 1935, 122 § 2. (See 1935, 122 § 3.)

Sect. 9, clause (h) revised, 1935, 310 § 2.

Chapter 108A. — Partnerships.

Sect. 34, first paragraph amended, 1932, 180 § 16.

Chapter 110. — Labels, Trade Marks, Names and Registration Thereof.

Sect. 21 amended, 1934, 373 § 5.

Chapter llOA. — Promotion and Sale of Securities.

Chapter stricken out and new chapter inserted, 1932, 290 § 1. (See 1932,
290 §§ 3, 4.)

The following references are to the new chapter llOA:

Sect. 2, paragmph (c) amended, 1936, 316.
Sect. 13 amended, 1936, 68.

Chaps. Ill, 112.] GENERAL LaWS. 671

Chapter 111. — Public Health.

Sect. 11 revised, 1934, 328 § 1.

Sect. 15 amended, 1934, 340 § 7. (See 1934, 340 § 18.)

Sect. 16 amended, 1934, 340 § 8. (See 1934, 340 § 18.)

Sect. 27A revised, 1932, 209.

Sect. 65A amended, 1936, 346 § 1. (See 1936, 346 § 2.)

Sect. 66 amended, 1934, 219. (See 1936, 346 § 2.)

Sect. 69A amended, 1936, 337 § 1.

Sect. 69C amended, 1936, 337 § 2.

Sects. 78-90 affected (as to district of Chelsea, Revere and Win-
throp), 1934, 78.

Sect. 78. See 1935, 52.

Sect. 79 revised, 1936, 343.

Sect. 83 A added, 1933, 318 § 6 (relative to the indemnification or
protection of officeis and employees of tuberculosis hospital districts
in connection with actions for personal injuries arising out of the
operation of vehicles owned by such districts); amended, 1934, 291
§ 5. (See 1933, 318 § 9; 1934, 291 § 6.)

Sect. 85A revised, 1932, 65.

Sect. 109A added, 1936, 115 (relative to the treatment of infants'
eyes at time of birth).

Sect. 110, second sentence amended, 1932, 180 § 17.

Sect. 117 revised, 1935, 155.

Sect. 118 amended, 1933, 44.

Sect. 143 revised, 1933, 269 § 2.

Sect. 154 amended, 1934, 340 § 9. (See 1934, 340 § 18.)

Chapter 112. — Registration of Certain Professions and Occupations.

Sect. 2, second sentence revised, 1933, 171 § 1; revised, 1936, 247
§ 1; three paragraphs added at end of section, 1936, 247 § 2. (See
1933, 171 § 2; 1936, 247 §§ 3-6.)

Sect. 9 revised, 1933, 152.

Sect. 24 amended, 1932, 227; 1933, 126.

Sect. 27 revised, 1934, 328 § 2.

Sect. 32 amended, 1934, 328 § 3.

Sect. 34 amended, 1934, 328 § 4.

Sect. 35 amended, 1934, 328 § 5; 1935, 306.

Sect. 36 revised, 1934, 328 § 6.

Sect. 38 revised, 1934, 236.

Sect. 40 amended, 1934, 328 § 6A.

Sect. 45, second sentence amended, 1932, 180 § 18.

Sect. 46, clause Third amended, 1934, 108.

Sect. 50 amended, 1935, 344.

Sects. 52A and 52B added, 1934, 281 (relative to methods and prac-
tices of dentists and dental hygienists).

Sects. 66-73 stricken out, and new sections 66-73 inserted, 1934,
339 § 2.

Sects. 82-87, and caption before said section 82, stricken out, and
new sections 82-87 inserted, under caption "registration of em-
BALMERS AND FUNERAL DIRECTORS", 1936, 407 § 3. (See 1936, 407,
§§ 5-8.)

672 Changes in the [Chaps. 114-117.

Sect. 87F, paragraph contained in lines 4-9 revised, 1934, 260 § 1.

Sect. 87H, four sentences added at end, 1934, 260 § 2; section
amended, 1936, 314 § 1.

Sect. 871 amended, 1936, 314 § 2.

Sect. 87K, paragraph added at end, 1936, 314 § 3.

Sect. 87M amended, 1936, 314 § 4.

Sect. 870 amended, 1933, 149 § 2. (See 1933, 149 § 3.)

Sect. 87P amended, 1934, 260 § 3.

Sect. 87R amended, 1936, 314 § 5.

Sects. 87T-87JJ added, under caption "registration of hair-
dressers", 1935, 428 § 2 (regulating the registration of hairdressers).
(See 1935, 428 §§ 6, 7.)

Chapter 114. — Cemeteries and Burials.

Sect. 1 amended, 1936, 319 § 1. (See 1936, 319 § 7.)
Sect. 6 amended, 1936, 319 § 2. (See 1936, 319 § 7.)
Sect. 7 revised, 1936, 319 § 3. (See 1936, 319 § 7.)
Sect. 8 revised, 1936, 319 § 4. (See 1936, 319 § 7.)
Sect. 9 amended, 1936, 319 § 5. (See 1936, 319 § 7.)
Sect. 25 amended, 1934, 85 § 1. (See 1934, 85 § 2.)
Sects. 43A-43N added, under caption "miscellaneous provisions",
1936, 319 § 6 (relative to the ownership, maintenance and operation of
cemeteries and crematories and to the disposal of dead human bodies).
(See 1936, 319 § 7.)
Sect. 49 revised, 1936, 407 § 4. (See 1936, 407 §§ 5-8.)

Chapter 115. — State and Military Aid, Soldiers' Relief, etc.

Sect. 2A added, 1932, 113 (requiring the furnishing of information
to the commissioner of state aid and pensions by certain banks and
other depositories relative to certain deposits therein).

Sect. 12A added, 1933, 363 (making certain Massachusetts veterans
receiving hospital treatment outside the commonwealth eligible to
receive militaiy aid).

Sect. 15 amended, 1932, 106.

Sect. 17, paragraph added, 1932, 63; first paragraph amended,
1936, 77.

Sect. 18, sentence added at end of first paragraph, 1933, 323; para-
graph added at end, 1932, 270.

Sect. 19 amended, 1932, 250; 1934, 336 § 1.

Sect. 20 amended, 1932, 251; 1934, 336 § 2.

Chapter 116. — Settlement.

Sect. 2 revised, 1933, 213.

Chapter 117. — Support by Cities and Towns.

Sect. 1 amended, 1934, 124.

Sect. 2A added, 1933, 181 (authorizing local boards of public wel-
fare to aid needy persons in the cultivation of vegetable gardens).
Sect. 6 revised, 1936, 108.
Sect. 16 repealed, 1936, 328.

Chaps. 118-121.] GENERAL LaWS. 673

Sect. 18 amended, 1934, 45.
Sect. 24 revised, 1935, 164.
Sect. 35 amended, 1932, 180 § 19.

Chapter 118. — Aid to Dependent Children (former title, Aid to Mothers
with Dependent Children).

The following reference is to chapter 118, as appearing in the Tercente-
nary Edition:

Sect. 1 revised, 1935, 494 § 2. (See 1935, 494 § 1.)

Chapter stricken out and new chapter (with new title) inserted, 1936,
413 § 1. (See 1936, 413 § 2.)

Chapter 118A. — Adequate Assistance to Certain Aged Citizens.

The following references are to chapter 118A, as appearing in the
Tercentenary Edition:

Sect. 1 amended, 1933, 219; revised, 1933, 328; amended, 1935,
494 § 3. (See 1934, 374 § 3 subsection 15; 1935, 494 § 1.)

Sect. 2A added, 1933, 285 (providing for appeals by persons
aggrieved by failure of cities and towns to render old age assistance).

Sect. 3 revised, 1932, 259 § 3.

Chapter stricken out and new chapter 118A inserted, 1936, 436 § 1. (See
1936, 436 § 4.)

Chapter 119. — Protection and Care of Children, and Proceedings against

Them.

Sect. 12 revised, 1932, 180 § 20.
Sect. 63 revised, 1932, 95 § 1.
Sect. 65 amended, 1932, 95 § 2.
Sect. 74 amended, 1933, 196 | 1.
Sect. 75 amended, 1933, 196 § 2.

Chapter 120. — Massachusetts Training Schools.

Sect. 21, first sentence amended, 1932, 180 § 21.

Chapter 121. — Powers and Duties of the Department of Public Welfare,
and the Massachusetts Hospital School.

Sect. 8A added, 1935, 311 § 2 (relative to funds received by the
director of the division of aid and relief for the benefit of persons under
the care and supervision of the department).

Sect. 9A added, 1934, 167 (relative to the interstate transportation
of poor and indigent persons).

Sect. 23 (and caption) amended, 1933, 364 § 2; section amended,
1935, 449 § 2; revised, 1935, 475 § 3. (See 1933, 364 § 8.)

Sect. 24 amended, 1933, 364 § 3. (See 1933, 364 § 8.)

Sect. 24A added, 1935, 449 § 2A (authorizing the acceptance and
use by the state board of housing of grants of federal funds).

Sect. 24B added, 1935, 485 § 1 (authorizing the state board of
housing to take land by eminent domain in order to aid or co-operate
with the United States with respect to federal housing projects).

674 Changes in the [Chaps. 122, 123.

Sect. 25 revised, 1933, 364 § 4. (See 1933, 364 § 8.)

Sect. 26 amended, 1933, 364 § 5; revised, 1935, 475 § 4; amended,
1936, 211 § 6. (See 1933, 364 § 8; 1936, 211 § 7.)

Sects. 26A-26H added, 1933, 364 § 6 (relative to the powers and
duties of the state board of housing, and to hmited dividend corpora-
tions under its control.) (See 1933, 364 § 8.)

Sect. 26H revised, 1935, 449 § 3.

Sects. 26I-26BB, under caption "housing authorities", added,
1935, 449 § 5 (relative to the estabhshment, powers and duties, and
discontinuance, of local housing authorities).

Sect. 26Q, subsection (c) added, 1935, 485 § 2 (authorizing local
housing authorities to take land by eminent domain in order to aid or
co-operate with the United States with respect to federal housing
projects).

Sect. 27 repealed, 1933, 364 § 7.

Sect. 42 amended, 1932, 180 § 22.

Chapter 122. — State Infirmary.

Sects. 2B-2E added, 1936, 295 (relative to Patients' Funds at the
state infirmary and the disposition of unclaimed property and moneys
represented by bank books belonging to former patients).

Sect. 6 amended, 1933, 345.

Sect. 15 amended, 1936, 325.

Sect. 18 amended, 1936, 378.

Chapter 123. — Commitment and Care of the Insane and Other Mental

Defectives.

For legislation relative to the establishment of the Norfolk state
hospital for the care of the criminal insane, see 1935, 421.

Sect. 8A added, 1935, 301 (providing for co-operation between the
departments of mental diseases and public works relative to roads at
state hospitals).

Sect. 13 revised, 1936, 286.

Sect. 19 repealed, 1935, 163.

Sect. 25 amended, 1935, 314 § 3, 421 § 4. (See 1935, 421 § 6.)

Sect. 32 revised, 1933, 115.

Sect. 39, sentence added at end, 1936, 291 § 1.

Sect. 39A amended, 1936, 291 § 2.

Sect. 39B added, 1932, 204 (relative to the disposition of unclaimed
belongings at certain state hospitals, known as "patients' valuables");
revised, 1936, 291 § 3.

Sect. 39C added, 1933, 256 (relative to the disposition of moneys
represented by certain bank books belonging to former patients of
certain state hospitals); revised, 1936, 291 § 4.

Sect. 50 revised, 1935, 314, § 4.

Sect. 52 amended, 1932, 85.

Sect. 77, first sentence amended, 1935, 314 § 5.

Sect. 78, first sentence revised, 1935, 314 § 6.

Sect. 79. first sentence revised, 1935, 314 § 7.

Sect. 86 amended, 1935, 314 § 8.

Chaps. 124-127.] GENERAL LawS. 675

Sect. 90, first sentence amended, 1932, 180 § 23.

Sect. 102 revised, 1934, 15.

Sect. 105 revised, 1936, 130.

Sect. 117A added, 1936, 32 (providing in certain cases for the return
to penal institutions of prisoners removed therefrom to departments
for defective delinquents).

Chapter 124. — Powers and Duties of the Department of Correction.

Sect. 6 amended, 1936, 23 § 2.

Sect. 8 amended, 1935, 48 § 1. (See 1935, 48 § 2.)

Chapter 125. — Penal and Reformatory Institutions of the Commonwealth.

Sect. 4 amended, 1932, 282 § 3.

Sect. 11 amended, 1935, 437 § 1. (See 1935, 437 § 8.)

Sect. 13 amended, 1936, 276.

Sect. 30 amended, 1932, 180 § 24.

Sect. 49 revised, 1936, 125.

Chapter 126. — Jails, Houses of Correction and Reformation, and County

Industrial Farms.

Sect. 37 amended, 1936, 228.

Chapter 127. — Officers and Inmates of Penal and Reformatory Institutions,

Paroles and Pardons.

For legislation providing for the disposition of certain prisoners
confined in the prison camp and hospital prior to its discontinuance,
see 1935, 111.

Sect. 10 amended, 1936, 23 § 3.

Sect. 16, last sentence stricken out, 1933, 77 § 1.

Sect. 17 revised, 1933, 77 § 2.

Sect. 18 amended, 1933, 77 § 3.

Sect. 67A added, 1932, 252 § 1 (regulating the sale of prison made
goods). (See 1932, 252 § 2.)

Sects. 96A and 96B added, 1936, 383 (providing for the disposition
of unclaimed money and propert}^ of former prisoners).

Sect. 109B added, 1935, 113 § 1 (relative to the transfer of certain
prisoners from the Massachusetts Reformatory to the State Prison).
(See 1935, 113 § 2.)

Sect. Ill A added, 1933, 169 (relative to transfers of defective de-
linquents and drug addicts from one institution to another under the
department of correction).

Sect. 133 revised, 1933, 134 § 1. (See 1933, 134 § 2.)

Sect. 146 revised, 1932, 221 § 1.

Sect. 151, last sentence amended, 1932, 180 § 25.

Sect. 154A added, 1935, 225 (requiring consideration by the ad-
visory board of pardons of the cases of certain life prisoners on the
question of extending clemency).

676 Changes in the [Chaps. 128-129A.

Chapter 128. — Agriculture. •

Sect. 2, paragraph (g) added, 1933, 291 § 1. .

Sect. 6 amended, 1933, 291 § 2.

Sect. 10 amended, 1934, 340 § 10. (See 1934, 340 § 18.)

Sect. 13 amended, 1934, 340 § 11. (See 1934, 340 § 18.)

Sect. 39 repealed, 1933, 74 § 2.

Sect. 42 revised, 1932, 166.

Chapter 128A. — Horse and Dog Racing Meetings.

New chapter inserted, 1934, 374 § 3.

Sect. 3, first paragraph revised, 1935, 454 § 2; clause (/) amended,
1935, 454 § 3; clause (h) amended, 1935, 454 § 4; clause (n) added,

1935, 239 (forbidding the licensed racing of horses and dogs under the
pari-mutuel system of betting, on publicly owned premises); clause
(n) added, 1935, 471 § 1 (forbidding the licensed racing of dogs under
such system, in certain residential neighborhoods); designation of the
clause added by 1935, 471 § 1 changed from (n) to (o), 1936, 405 § 3.
(See 1935, 471 § 2.)

Sect. 5, first paragraph revised, 1935, 454 § 1; second and third para-
graphs revised, 1936, 351.

Sect. 9, last paragraph revised, 1935, 454 § 5.

Sect. 9A added, 1935, 454 § 6 (relative to rules, regulations and con-
ditions to be prescribed by the racing commission).

Sect. 10 revised, 1936, 268.

Sect. 13 amended, 1935, 454 § 7.

Sect. 13A added, 1935, 454 § 8 (relative to the appHcation of certain
laws as to betting and certain local requirements as to race tracks and
public amusements, in the case of racing meetings under this chapter).
(See 1935, 471 § 2.)

Sect. 14 revised, 1935, 279 § 2; 1936, 253 § 2. (See 1935, 279 § 3;

1936, 253 § 1.)

Sect. 14A added, 1935, 279 § 1 (providing for the resubmission to
the voters of the several counties of the question of licensing dog races
at which the pari-mutuel system of betting shall be permitted); re-
pealed, 1936, 253 § 1. (See 1935, 279 § 3; 1936, 253 § 1.)

Sect. 15 revised, 1936, 436 § 2. (See 1936, 436 § 4.)

Chapter 129. — Animal Industry.

Sect. 1 revised, 1934, 340 § 12; paragraph (defining "Domestic
animals") added, 1935, 70. (See 1934, 340 § 18.)

Sect. 10 amended, 1934, 340 § 13. (See 1934, 340 § 18.)

Sect. 33 amended, 1934, 272.

Sect. 33B revised, 1934, 96.

Sect. 36A added, 1935, 426 (providing for the licensing of certain
dealers in bovine animals).

Sect. 38 revised, 1934, 340 § 14. (See 1934, 340' § 18.)

Chapter 129A. — Marine Fish and Fisheries, Inland Fish and Fisheries,
Birds and Mammals, General Provisions.

New chapter inserted, 1933, 329 § 1.

Chaps. 130, 131.] GENERAL LaWS. 677

Chapter 130. — Marine Fish and Fisheries, including Crustacea and Shell-
fish (former title. Powers and Duties of the Division of Fisheries and
Game. Fisheries).

Chapter stricken out, and new chapter 130 (with new title) inserted*
1933, 329 § 2.

The following reference is to the original chapter 130:

Sect. 48A added, 1933, 118 (prohibiting the taking of certain herring
or alewives from the waters of Plymouth harbor, Kingston bay, Dux-
bury bay and certain waters of Plymouth bay).

The following references are to the new chapter 130:

Sect. 3A added, 1935, 324 (providing for state aid to coastal cities
and towns in conserving and increasing the supply of shellfish and in
exteiminating the enemies thereof).

Sect. 6B added, 1934, 115 § 1 (providing for the filing with the
supervisor of marine fisheries of copies of rules and regulations made
by cities and towns under the marine fisheries laws, and for notifjdng
him of permits and licenses issued under said laws). (See 1934, 115
§2.)

Sect. 48, first paragraph amended, 1935, 110.

Sect. 73 amended, 1935, 117.

Sect. 84A added, 1934, 129 (regulating the disposition of starfish
caught in or taken from the coastal waters of the commonwealth).

Chapter 131. — Game and Inland Fisheries (former title, Powers and Duties
of the Division of Fisheries and Game. Game and Inland Fisheries).

Title amended, 1933, 329 § 14.

Sects. 1^ repealed, 1933, 329 § 20.

Sect. 5 amended, 1932, 272 § 1; 1933, 214 § 1.

Sect. 6 revised, 1932, 272 § 2.

Sect. 7 revised, 1932, 272 § 3.

Sect. 8 revised, 1932, 272 § 4; new paragraph added (summer three-
day fishing license), 1934, 156.

Sect. 8A added, 1933, 214 § 2 (establishing special fox hunting
licenses for non-resident members and guests of clubs or associations
conducting fox hunts).

Sects. 9-11 repealed, 1933, 329 § 20.

Sect. 12 amended, 1932, 272 § 5; revised, 1933, 214 § 3.

Sect. 13 revised, 1933, 329 § 15.

Sects. 14-24 repealed, 1933, 329 § 20.

Sect. 24A added, 1932, 78 (relative to the establishment in certain
brooks and streams of breeding areas for fish).

Sect. 25, paragraph added at end, 1934, 33.

Sects. 27-34 repealed, 1933, 329 § 20.

Sect. 42 repealed, 1933, 329 § 20.

Sect. 43A added, 1936, 294 (relative to fishing in ponds situated
partly in the commonwealth and partly in another state).

Sect. 44 revised, 1933, 329 § 16.

Sect. 45, sentence added at end, 1932, 77.

Sect. 48 revised, 1936, 69.

Sect. 49 amended, 1933, 329 § 17.

Sects. 52-55 repealed, 1933, 329 § 20.

Sect. 56 amended, 1934, 51.

678 Changes in the [Chaps. 132, 132A.

Sect. 57 amended, 1934, 149; 1936, 425 § 1.

Sect. 59 revised, 1936, 425 § 2.

Sect. 61 A added, 1933, 329 § 18 (regulating the taking of smelt in
great ponds).

Sect. 66 amended, 1934, 40.

Sect. 68 revised, 1935, 120.

Sect. 73A added, 1935, 98 (authorizing the use of certain traps for
the purpose of catching fish bait in the inland waters of the common-
wealth).

Sect. 74 revised, 1932, 272 § 6.

Sect. 77 revised, 1933, 154.

Sect. 83 revised, 1935, 107.

Sect. 85 amended, 1932, 28; 1935, 13.

Sect. 86A added, 1932, 60 (authorizing the director of fisheries and
game to suspend or modify the open season or bag limit as to ruffed
grouse and quail).

Sect. 87A added, 1933, 122 (relative to the taking or kiUing of water-
fowl and other migratory birds in certain cases).

Sect. 92 amended, 1932, 52.

Sect. 94 amended, 1934, 183.

Sect. 97 revised, 1934, 70; amended, 1936, 13.

Sect. 99 amended, 1932, 180 § 26.

Sect. lOOA added, 1932, 82 (prohibiting the hunting of beavers).

Sect. 104 revised, 1933, 192 § 1.

Sect. 105A revised, 1933, 203 ; repealed, 1934, 275 § 2.

Sects. 105B and 105C added, 1934, 275 § 1 (regulating the use of
traps and other devices for the capture of fur-bearing animals and
providing for local option thereon). (See 1934, 275 § 4.)

Sect. 109 revised, 1932, 264; 1933, 192 § 2; amended, 1935, 5 § 1;
1936, 21 § 1, 138 § 1.

Sect. 112 revised, 1933, 192 § 3; amended, 1935, 5 § 2; 1936, 21 § 2,
138 § 2.

Sect. 114A added, 1934, 275 § 3 (authorizing the commissioner of
conservation to temporarily suspend, within certain specified territory,
the provisions of section 105B).

Sect. 135 revised, 1932, 81, 272 § 7.

Sect. 137 added, 1933, 329 § 19 (relative to the protection of salmon
fry in the Merrimack river).

Chapter 132. — ■ Forestry.

Sect. 5 repealed, 1932, 180 § 27.

Sect. 13 revised, 1935, 87.

Sect. 33 amended, 1935, 373; 1936, 415 § 1. (See 1936, 415 § 3.)

Sect. 34, new paragraph added at end, 1935, 233.

Sect. 36 revised, 1936, 415 § 2. (See 1936, 415 § 3.)

Chapter 132A. — State Parks and Reservations Outside of the Metropolitan

Parks District.

Sect. 9 amended, 1933, 75 § 4.

Chaps. 136, 138.] GENERAL LawS. 679

Chapter 136. — Observance of the Lord's Day.

Sect. 2 amended, 1933, 150 § 1; 1934, 63; 1935, 78.

Sect. 4A added, 1933, 150 § 2 (relative to the licensing of certain
enterprises to be held on the Lord's day at amusement parks and
beach resorts); revised, 1933, 309 § 1. (See 1933, 309 § 2.)

Sect. 6, second and third paragraphs amended, 1934, 328 § 7; fourth
paragraph amended, 1932, 96; same paragraph amended, 1934, 354;
paragraph added at end, 1933, 150 § 3; section revised, 1934, 373 § 6;
third paragraph amended, 1936, 129.

Sect. 7 amended, 1934, 328 § 8; revised, 1934, 373 § 7.

Sect. 13 amended, 1932, 105.

Sect. 17, sentence added at end, 1933, 150 § 4; section amended,
1934, 55.

Sect. 21 revised, 1935, 104, 169.

Sect. 22. See 1933, 136; 1935, 49.

Chapter 138. — Alcoholic Liquors (Old Title, Intoxicating Liquors and Cer-
tain Non-Intoxicating Beverages).

Beer bill, so called, 1933, 120 (amended by 1933, 216; 234; 346).
(See also 1933, Res. 47.)

Act providing for a convention to act upon a proposed amendment
to the constitution of the United States relative to the repeal of the
eighteenth amendment, 1933, 132.

The following references are to chapter 138, as appearing in the Tercen-
tenary Edition:

Sect. 1, paragraph in lines 4-7 amended, 1933, 97 § 1. (See 1933,
97 § 3, 346 § 9.)

Sect. 2 affected, 1933, 120 § 53.

Sect. 3 amended, 1933, 97 § 2. (See 1933, 97 § 3, 346 § 9.)

Chapter stricken out, and new chapter 138 inserted, 1933, 376 § 2.
The following references are to the new chapter 138:

Sect. 1, sentence in lines 78-82 amended, 1934, 121 § 1; eighth
paragraph (definition of "Club") revised, 1934, 385 § 1; definition of
"Tavern" amended, 1935, 253 § 1; new paragraph (definition of
"Alcohol") added, 1935, 440 § 1; definition of "Restaurant" amended,
1936, 368 § 1.

Sect. 2 revised, 1934, 305, 372 § 4; 1935, 440 § 2.

Sect. 3 amended, 1935, 440 § 3.

Sect. 4 amended, 1934, 385 § 2.

Sect. 7 amended, 1935, 440 § 4.

Sect. 10 amended, 1935, 440 § 5.

Sect. lOB added, 1934, 370 § 11 (authorizing the alcoholic beverages
control commission to remove a member of a local licensing board
under certain conditions).

Sect. 11 revised, 1936, 207 § 1. (See 1935, 281.)

Sect. IIA revised (in part), 1934, 142 § 1; paragraph added, 1934,
142 § 2; paragraph added at end, 1934, 142 § 3; section revised, 1934,
211 § 1; last paragraph stricken out, 1935, 440 § 6. (See 1934, 142 § 4,
211 § 2.)

Sect. 12, first and second paragraphs amended, 1934, 121 § 2; last
sentence of first paragraph revised, 1934, 370 § 1; sentence contained

680 Changes in the [Chap. 138.

in lines 42-53 revised, 1934, 370 § 2; section revised, 1934, 385 § 3;
first paragraph amended, 1935, 253 § 2; revised, 1935, 440 § 7; new
paragraph inserted after first paragraph, 1935, 253 § 3; proviso con-
tained in fines 46-48 stricken out, 1935, 253 § 4; third paragraph re-
vised, 1935, 440 § 8; next to last paragraph stricken out, 1935, 440 § 9;
section revised, 1935, 468 § 1; first paragraph amended, 1936, 207 § 2;
second paragraph revised, 1936, 368 § 2.

Sect. 13, last two sentences stricken out, 1934, 385 § 4; section
revised, 1935, 440 § 10.

Sect. 14 amended, 1934, 370 § 3; paragraph added at end, 1935,
440 § 11.

Sect. 15, last paragraph revised, 1934, 370 § 4; section further
revised, 1934, 385 § 5; first paragraph revised, 1935, 440 § 12; last
sentence revised, 1936, 225 § 1.

Sect. 15A added, 1934, 370 § 5 (relative to the publication of appli-
cations for original licenses); revised, 1935, 440 § 13.

Sect. 16 revised, 1936, 368 § 3.

Sect. 16A revised, 1934, 385 § 6.

Sect. 16B revised, 1935, 440 § 14.

Sect. 17, last paragraph revised, 1934, 83; second proviso amended,

1934, 385 § 7; first paragraph amended, 1935, 81; section revised,

1935, 440 § 15; first paragraph amended, 1936, 136, 245; second
paragraph revised, 1936, 199; paragraph added after the second para-
graph, 1936, 368 § 4.

Sect. 18, two paragraphs added, 1934, 385 § 8; first paragraph
revised, 1935, 440 § 16.

Sect. 18A added, under caption "selling agents of foreign
IMPORTERS AND MANUFACTURERS", 1934, 312; first paragraph revised,
1935, 440 § 17.

Sect. 19, second paragraph amended, 1934, 385 § 9; last paragraph
amended, 1934, 385 § 10; 1935, 440 § 19; first paragraph revised, 1935,
440 § 18; paragraph added at end, 1936, 368 § 5.

Sect. 19A added, 1934, 385 § 11 (relative to the licensing of sales-
men for manufacturers and for wholesalers and importers); revised,
1935, 440 § 20.

Sect. 20 revised, 1934, 385 § 12; first paragraph amended, 1936,
368 § 6; paiagraph inserted, 1936, 368 § 7.

Sect. 21 revised, 1934, 385 § 13; first paragraph amended, 1935,
440 § 21; next to the last paragraph amended, 1936, 368 § 8; first six
paragraphs revised, 1936, 411 § 1. (See 1936, 411 § 2.)

Sect. 22 revised, 1934, 385 § 14; 1935, 440 § 22.

Sect. 22A added, 1934, 385 § 15 (providing for the granting by the
alcoholic beverages control commission in certain cases of permits to
sell alcoholic beverages).

Sect. 23, last paragraph amended, 1934, 245; sentence added at end
of fourth paragraph, 1934, 370 § 6; section revised, 1934, 385 § 16;
fifth paragraph amended, 1935, 253 § 5; last four paragraphs stricken
out, and five new paragraphs inserted, 1935, 440 § 23.

Sect. 24, first sentence amended, 1934, 232.

Sect. 26, first paragraph amended, 1935, 440, § 24.

Sect. 27 revised, 1934, 301 § 1; amended, 1934, 385 § 23; revised,

Chap. 139.] GENERAL LawS. 681

1935, 442; amended, 1936, 436 § 3; revised, 1936, 438. (See 1936,
436 § 4.)

Sect. 28 amended, 1934, 112.

Sect. 29 revised, 1935, 440, § 25.

Sect. 30 amended, 1935, 83 § 1. (See 1935, 83 § 2.)

Sect. 30A revised, 1934, 370 § 7; 1935, 440 § 26.

Sect. SOB amended, 1935, 440 § 27; paragraph added at end, 1936,
368 § 9.

Sect. SOD amended, 1935, 440 § 28.

Sect. 30E, first paragraph amended, 1935, 440 § 29.

Sect. 30F revised, 1935, 440 § 30.

Sect. SOG amended, 1935, 440 § 31.

Sect. SOH added, 1935, 440 § 32 (possession or transportation of
alcoholic beverages or alcohol under certain circumstances deemed
prima facie evidence of violation of law).

Sect. 31 amended, 1935, 440 § 33; revised, 1936, 368 § 10.

Sect. 32 amended, 1934, 370 § 8.

Sect. 33 revised, 1934, 370 § 9; amended, 1935, 468 § 2; last sentence
revised, 1936, 225 § 2.

Sect. 34 amended, 1935, 440 § 34; revised, 1936, 171.

Sect. 34A added, 1935, 146 (relative to procuring by false repre-
sentation sales or delivery of alcoholic beverages to minors); revised,
1935, 440 § 35.

Sect. 36 amended, 1934, 385 § 17.

Sect. 37 revised, 1934, 385 § 18.

Sects. 42-55 affected, 1935, 440 § 36.

Sect. 42, paragraph added at end, 1935, 440 § 36.

Sect. 46 amended, 1934, 370 § 10; 1935, 440 § 37.

Sect. 56 revised, 1935, 440 § 38; 1936, 368 § 11.

Sect. 57 revised, 1936, 368 § 12.

Sect. 62 amended, 1935, 440 § 39.

Sect. 63, first sentence revised, 1934, 385 § 19; section revised, 1935,
440 § 40; 1936, 368 § 13.

Sect. 63A revised, 1935, 440 § 41.

Sect. 64 revised, 1934, 385 § 20.

Sect. 67 amended, 1934, 385 § 21; revised, 1935, 440 § 42.

Sect. 70 revised, 1934, 301 § 2.

Sects. 72-75 repealed, 1934, 372 § 1.

Sect. 76 revised, 1934, 372 § 2; next to last sentence revised, 1934,
385 § 22; section revised, 1935, 440 § 43.

Chapter 139. — Common Nuisances.

Sect. 14, caption amended, 1934, 328 § 9; section amended, 1934,
328 § 10.

Sect. 16 amended, 1934, 328 § 11.
Sect. 16A amended, 1934, 328 § 12.
Sect. 17 repealed, 1934, 328 § 13.
Sect. 19 amended, 1934, 328 § 14.
Sect. 20 amended, 1934, 328 § 15.

682 Changes in the [Chap. 140.

Chapter 140. — Licenses.

Sect. 4 amended, 1934, 171 § 1.
Sect. 8 amended, 1936, 368 § 14.
Sect. 10 amended, 1935, 167.
Sect. 12 revised, 1932, 86; 1933, 92.

Sects. 21E and 21F added, under caption ''organizations dis-
pensing FOOD OR BEVERAGES TO MEMBERS AND GUESTS ", 1933, 284

(providing for the regulation of such organizations).
Sect. 21E, last sentence revised, 1934, 328 § 16; affected, 1934, 328

§ 17.

Sect. 51 amended, 1932, 275; 1935, 428 § 3; 1936, 55 § 1. (See
1935, 428 §§ 6, 7; 1936, 55 § 2.)

Sect. 52 amended, 1935, 428 § 4. (See 1935, 428 § 7.)

Sect. 59 amended, 1934, 254 § 1. (See 1934, 254 § 2.)

Sect. 90, three sentences added at end, 1934, 179 § 1.

Sect. 96, sentence added at end, 1934, 179 § 2.

Sect. 121 amended, 1934, 359 § 1.

Sect. 131 revised, 1936, 302.

Sect. 13 IC added, 1934, 246 (prohibiting persons licensed to carry
pistols and revolvers from carrying the same in vehicles unless said
weapons are under their control therein).

Sect. 136A, under caption ''dogs", added, 1934, 320 § 1 (definitions
of certain words and phrases in sections 137-175). (See 1934, 320

§34.)
Sect 137 amended, 1932, 289 § 1; revised (and caption stricken

out) 1934, 320 § 2. (See 1934, 320 § 34.)

Sects. 137A-137C added, 1934, 320 § 3 (relative to kennel hcenses

and regulating holders of such licenses). (See 1934, 320 § 34.)
Sect. 138 revised, 1934, 320 § 4. (See 1934, 320 § 34.)
Sect. 139 amended, 1934, 320 § 5. (See 1934, 320 § 34.)
Sect. 140 repealed, 1934, 320 § 6. (See 1934, 320 § 34.)
Sect. 141 revised, 1934, 320 § 7. (See 1934, 320 § 34.)
Sects. 142-144 repealed, 1934, 320 § 8. (See 1934, 320 § 34.)
Sect. 145 amended, 1932, 289 § 2.
Sect 145A added, 1932, 289 § 3 (relative to the furnishing of anti-

rabic vaccine); revised, 1934, 320 § 9. (See 1934, 320 § 34.)
Sect. 146 revised, 1934, 320 § 10. (See 1934, 320 § 34.)
Sect. 147 revised, 1932, 289 § 4; 1934, 320 § 11. (See 1934, 320

Sect. 148 repealed, 1932, 289 § 6. (See. G. L. chapter 41 § 13A,

inserted by 1932, 289 § 5.)

Sect. 150 revised, 1934, 320 § 12. (See 1934, 320 § 34.)
Sect. 151 revised, 1934, 320 § 13. (See 1934, 320 § 34.)
Sect. 151A added, 1934, 320 § 14 (powers and duties of dog officers

under annual warrants from mayors or selectmen). (See 1934, 320

Sect. 152 revised, 1934, 320 § 15. (See 1934, 320 § 34.)

Sect. 153 revised, 1934, 320 § 16. (See 1934, 320 § 34.)
Sect. 154 repealed, 1934, 320 § 17. (See 1934, 320 § 34.)

Sect. 155 revised, 1934, 320 § 18. (See 1934, 320 § 34.)

Sect. 156 revised, 1934, 320 § 19. (See 1934, 320 § 34.)

Chaps. 141-146.] GENERAL LaWS. 683

Sect. 157 revised, 1934, 320 § 20. (See 1934, 320 § 34.)
Sect. 158 revised, 1934, 320 § 21. (See 1934, 320 § 34.)
Sect. 159 revised, 1934, 320 § 22. (See 1934, 320 § 34.)
Sect. 160 revised, 1934, 320 § 23. (See 1934, 320 § 34.)
Sect. 161, first two sentences amended, 1932, 289 § 7; section

amended, 1934, 320 § 24. (See 1934, 320 § 34.)

Sect. 161A added, 1934, 320 § 25 (reimbursement for damages by

dogs regulated). (See 1934, 320 ^ 34.)

Sect. 162 revised, 1934, 320 § 26. (See 1934, 320 § 34.)

Sect. 163 amended, 1934, 320 § 27. (See 1934, 320 § 34.)

Sect. 164 amended, 1934, 320 § 28. (See 1934, 320 § 34.)

Sect. 165 revised, 1934, 320 § 29. (See 1934, 320 § 34.)

Sect. 166 amended, 1934, 320 § 30. (See 1934, 320 § 34.)

Sect. 170 amended, 1934, 320 § 31. (See 1934, 320 § 34.)

Sect. 171 revised, 1934, 320 § 32. (See 1934, 320 § 34.)

Sect. 172 revised, 1932, 289 § 8.

Sect. 175 revised, 1932, 289 § 9; 1934, 320 § 33. (See 1934, 320

§34.)
Sects. 180A-180D added, under caption "theatrical booking

AGENTS, personal AGENTS AND MANAGERS", 1935, 378 (providing fof

the licensing and bonding of certain theatrical booking agents, per-
sonal agents and managers).

Sect. 181. Affected by 1935, 454 § 8.

Sect. 183A amended, 1935, 102 § 1; 1936, 71 § 1. (See 1935, 102 § 2.)

Sect. 183B repealed, 1936, 71 § 2.

Sect. 184 amended, 1934, 328 § 18.

Sect. 185A amended, 1936, 279.

Sect. 186 amended, 1936, 169 § 1.

Sect. 187 amended, 1936, 169 § 2.

Sect. 202 revised, 1936, 169 § 3.

Chapter 141. — Supervision of Electricians.

Sect. 3, clause (4) amended, 1934, 347 § 1.

Chapter 142. — - Supervision of Plumbing.

Sect. 6 revised, 1934, 347 § 2.
Sect. 13 amended, 1934, 284.
Sect. 17 revised, 1936, 234.

Chapter 143. — Inspection and Regulation of, and Licenses for, Buildings,
Elevators and Cinematographs.

Boston building laws, see 1934, 271.

Chapter 145. — Tenement Houses in Towns.

Sect. 17A added, 1934, 168 (relative to the erection of garages in
the yards of certain tenement houses).

Chapter 146. — Inspection of Boilers, Air Tanks, etc., Licenses of Engineers,
Firemen, and Operators of Hoisting Machinery.

Sect. 16 revised, 1932, 180 § 28.
Sect. 50 amended, 1935, 67.

684 Changes in the [Chaps. 147-149.

Chapter 147. — State and Other Police, and Certain Powers and Duties of
the Department of Public Safety.

Sect. 10 amended, 1934, 23.
Sect. 32 revised, 1935, 262 § 1.
Sect. 33 amended, 1935, 262 § 2.
Sect. 35 revised, 1934, 69.
Sect. 36 revised, 1932, 79.

Chapter 148. — Fire Prevention.

Sect. 1, definition of "local licensing authority" amended, 1932,
102.

Sect. lOA added, 1932, 75 (relative to the granting of certain per-
mits and the making of certain inspections by municipal officers desig-
nated by the state fire marshal).

Sect. 13, first paragraph amended, 1932, 22 § 1; section amended,

1935, 123 § 1; revised, 1936, 394 § 1. (See 1932, 22 § 2; 1936, 394,
§§ 2, 3.)

Sect. 18 repealed, 1934, 182 § 2.

Sect. 23 amended, 1935, 123 § 2.

Sect. 27A added, 1932, 283 (relative to the protection of life and
property from fire hazards incident to the present industrial emer-
gency).

Sect. 49A added, 1934, 182 § 1 (relative to the inspection of kerosene
or any product thereof kept for sale for illuminating, heating or cook-
ing purposes).

Chapter 149. — Labor and Industries.

For legislation relative to interstate compacts affecting labor and
industry, see 1933, Res. 44; 1934, 383; Res. 25; 1935, 315 §§ 1-3;

1936, Res. 68.

Sect. 1, paragraph defining "mercantile establishments" amended,
1936, 78.

Sect. 6 amended, 1934, 132 § 1. (See 1934, 132 § 2.)

Sect. 11 amended, 1935, 328.

Sect. 20A added, 1933, 351 § 1 (relative to the judicial enforcement
of certain contracts relative to membership in labor or employers'
organizations). (See 1933, 351 § 2.)

Sects. 20B and 20C added, 1935, 407 § 1 (regulating the Habihty
of labor unions and others involved in labor disputes, and defining
labor disputes and other terms used in connection therewith). (See
1935, 407 § 6.)

Sect. 23 amended, 1935, 114.

Sect. 23A added, 1934, 233 (regulating the employment of armed
guards in connection with strikes, lockouts and other labor troubles).

Sect. 24 amended, 1933, 272.

Sects. 26 and 27 stricken out, and new sections 26-27D added,
1935, 461 (relative to preference and minimum wages of veterans and
others in certain employments on certain public works).

Sect. 29 amended, 1935, 217 § 2; revised, 1935, 472 § 2.

Sect. 30 revised, 1936, 367 § 1.

Sect. 34 amended, 1936, 367 § 2.

Chap. 151.] GENERAL LawS. 685

Sect. 39 revised, 1935, 444 § 1. (See 1935, 444 § 2.)

Sect. 48 revised, 1935, 185, 423 § 3.

Sect. 50 revised, 1933, 225; amended, 1935, 423 § 1.

Sect. 50A added, 1935, 423 § 2 (making one day's rest in seven law
applicable to watchmen and employees maintaining fires in certain
establishments).

Sect. 56 amended, 1932, 110 § 1; revised, 1935, 200.

Sect. 57 amended, 1932, 110 § 2.

Sect. 59 amended, 1933, 193 § 1; 1936, 170 § 1. (For temporary
act, authorizing the commissioner of labor and industries to suspend
certain provisions relative to the hours of employment of women in
the textile and leather industries, see 1933, 347; time for suspension
as to the textile industry extended, 1935, 429; 1936, 154.)

Sect. 60 revised, 1935, 203.

Sect. 62, clause (13) amended, 1934, 328 § 19.

Sect. 66 amended, 1933, 193 § 2; 1936, 170 § 2.

Sects. 69-73. (See 1934, 114.)

Sect. 78 amended, 1934, 292 § 1.

Sect. 84 amended, 1932, 180 § 29.

Sect. 104 amended, 1932, 27.

Sect. 113 revised, 1934, 255.

Sect. 117 revised, 1935, 208.

Sect. 135 amended, 1933, 64.

Sects. 142A-142F added, under caption "benzol and mixtures
CONTAINING BENZOL ", 1933, 304 (regulating the sale, distribution,
storage and use of benzol and its compounds).

Sect. 142A amended^ 1935, 463 § 1.

Sect. 142B revised, 1935, 463 § 2.

Sect. 147A added, 1932, 234 (requiring the furnishing of certain
information to the department of labor and industries with respect
to the peiformance of certain industrial work in tenements and dwelling
houses).

Sect. 148, last sentence amended, 1932, 101 § 1; section revised,
1935, 350; 1936, 160.

Sect. 150, sentence added at end, 1932, 101 § 2.

Sect. 156 amended, 1935, 363 § 1. (See 1935, 363 § 2.)

Sect. 157A added, 1933, 268 (insuring to piece or job workers in
factories and workshops information relative to their compensation).

Sect. 178A added, 1932, 175 (authorizing the payment of small
amounts of wages or salary of intestate employees to certain next of
kin without administration).

Chapter 151. — The Minimum Wage.

The following references are to chapter 151, as appearing in the
Tercentenary Edition :

Sect. 8 amended, 1933, 110.

Sects. IIA-IID added, 1933, 220 § 1 (relative to the more effective
enforcement of decrees of the minimum wage commission). (See

1933, 220 § 2.)

Chapter stricken out, and new chapter 151 inserted, 1934, 308 § 1. (See

1934, 308 §§ 2, 3; 1935,267. See also 1933, Res. 44; 1934,383; Res. 25.)
The following references are to the new chapter 151 :

Sect. 1 revised, 1936, 430 § 1. (See 1936, 430 §§ 18-22.)

686 Changes in the [Chaps. 151A, i52.

Sect. 2 revised, 1936, 430 § 2. (See 1936, 430 §§ 18-22.)
Sect. 3 amended, 1936, 430 § 3. (See 1936, 430 §§ 18-22.)
Sect. 4 revised, 1936, 430 § 4. (See 1936, 430 §^ 18-22.)
Sect. 7 revised, 1936, 430 § 5. (See 1936, 430 §§ 18-22.)
Sect. 10 revised, 1936, 430 § 6. (See 1936, 430 §§ 18-22.)
Sect. 12 revised, 1936, 430 § 7. (See 1936, 430 §§ 18-22.)
Sect. 13 amended, 1936, 175; revised, 1936, 430 § 8. (See 1936,
430 §§ 18-22.)

Sect. 14 revised, 1936, 430 § 9. (See 1936, 430 §§ 18-22.)
Sect. 15 revised, 1936, 430 § 10. (See 1936, 430 §§ 18-22.)
Sect. 16 amended, 1936, 430 § 11. (See 1936, 430 §§ 18-22.)
Sect. 17 amended, 1936, 430 § 12. (See 1936, 430 §§ 18-22.)
Sect. 20 amended, 1936, 430 § 13. (See 1936, 430 §§ 18-22.)
Sect. 21 revised, 1936, 430 § 14. (See 1936, 430 §§ 18-22.)
Sect. 22 revised, 1936, 430 § 15. (See 1936, 430 §§ 18-22.)
Sect. 23 amended, 1936, 430 § 16. (See 1936, 430 §§ 18-22.)
Sect. 24 revised, 1936, 430 § 17. (See 1936, 430 §§ 18-22.)

Chapter 151A. — Unemployment Compensation.

New chapter inserted, 1935, 479 § 5. (See 1935, 479 §§ 6, 7; 1936,
12 § 3, 249 § 16.)

Sect. 1, clauses (1) to (9), inclusive, of paragraph (a) revised, 1936,
249 § 1; paragraph (6) amended, 1936, 249 § 2; paragraph (k) amended,
1936, 249 § 3; paragraph (m) amended, 1936, 249 § 4; paragraph (n)
revised, 1936, 249 § 5.

Sect. 3 revised, 1936, 249 § 6.

Sect. 4 revised, 1936, 249 § 7.

Sect. 7, paragraph added at end, 1936, 249 § 8.

Sect. 7A added, 1936, 249 § 9 (relative to refunding of over-pay-
ments or collection of under-payments of contributions).

Sect. 10 amended, 1936, 249 § 10.

Sect. 12 amended, 1936, 12 § 1.

Sect, 17, paragraph (a) amended, 1936, 249 § 11.

Sect. 18, paragraph (a) amended, 1936, 249 § 12.

Sect. 19, paragraph defining "suitable employment," clause num-
bered (2), revised, 1936, 12 § 2.

Sect. 20 amended, 1936, 249 § 13.

Sect. 24, second paragraph stricken out, 1936, 249 § 14.

Sect. 48 amended, 1936, 249 § 15.

Chapter 152. — Workmen's Compensation.

For legislation requiring manufacturers to insure under the work-
men's compensation act where employees work on machinery, see 1936,
426.

Sect. 1, two sentences added at end of paragraph (1), 1935, 332 § 1;
paragraph (4) revised, 1935, 406.

Sect. 9B added, 1935, 424 (providing for the reference of certain
cases under the workmen's compensation law to industrial disease
referees) .

Sect. 11 amended, 1932, 129 § 1; paragraph added at end, 1935,
484.

Chaps. 153, 155.] GENERAL LawS. 687

Sect. 12, last paragraph amended, 1932, 117 § 1. (See 1932, 117
§ 2; 1935, 351.)

Sect. 13, sentence added at end, 1933, 68.

Sect. 15A amended, 1934, 252.

Sect. 19, paragraph in hnes 17 and 18 revised, 1935, 339.

Sect. 19A added, 1935, 359 (requiring certain notices from employers
not insured under the workmen's compensation law).

Sect. 20 revised, 1935, 340.

Sect. 27 revised, 1935, 331.

Sect. 28 amended, 1934, 292 § 2.

Sect. 29 revised, 1935, 372.

Sect. 30 revised, 1936, 164.

Sect. 31, first paragraph amended, 1934, 250.

Sect. 32, new paragraph added, 1935, 361 (relative to payments
under the workmen's compensation law to dependents of deceased
minor employees).

Sect. 34 revised, 1935, 332 § 2.

Sect. 34A added, 1935, 364 (providing for payments for total and
permanent disability under the workmen's compensation law, and
establishing methods of determining the same).

Sect. 36, paragraph (j) revised, 1933, 257; section revised, 1935,333.

Sect. 54A added, 1935, 425 (relative to safeguarding and extend-
ing the workmen's compensation law by making void certain contracts
or agreements in the nature of insurance which do not insure the pay-
ment of the compensation provided for by said law).

Sect. 55, second paragraph revised, 1934, 137 § 1.

Sect. 65 amended, 1935, 395; 1936, 162.

Sect. 69 revised, 1933, 318 § 7; 1936, 260; amended, 1936, 403.

Sect. 69A added, 1933, 315 (regulating workmen's compensation
payments by the commonwealth).

Sect. 69B added, 1936, 427 (further regulating workmen's compen-
sation payments by the commonwealth).

Sect. 73, first sentence amended, 1936, 318 § 4 (see subsection 25D
in 1936, 400 § 1).

Sect. 75 revised, 1932, 19.

Chapter 153. — Liability of Employers to Employees for Injuries not
resulting in Death.

Sect. 6 amended, 1935, 387.

Chapter 154. — Assignment of Wages.

Sect. 8 added, 1933, 96 (exempting orders for payment of labor or
trade union or craft dues or obligations from the operation of the laws
regulating assignments of wages).

Chapter 155. — General Provisions relative to Corporations.

Sect. 1 revised, 1935, 297 § 1. (See 1935, 297 § 3.)

Sect. 10 amended, 1933, 11.

Sect. 23A added, 1935, 297 § 2 (regulating sales of stocks, bonds
and other securities of corporations to their emplovees). (See 1935,
297 § 3.)

Sect. 50 amended, 1933, 66.

688 Changes in the [Chaps. 156-160.

Chapter 156. — Business Corporations.

Sect. 12, form of certificate revised, 1932, 67.
Sect. 41 revised, 1932, 136.
Sect. 54 amended, 1932, 180 § 30.

Chapter 157. — Co-operative Corporations.

Sect. 16, last sentence amended, 1932, 180 § 31.

Chapter 159. — Common Carriers.

Sect. 59 revised, 1933, 326 § 1.
Sect. 60 amended, 1933, 326 § 2.
Sect. 61 amended, 1933, 326 § 3.
Sect. 62 amended, 1933, 326 § 4.
Sect. 70 revised, 1934, 357 § 1.
Sect. 80 amended, 1934, 357 § 2.
Sect. 89 revised, 1936, 363 § 1.
Sect. 90 revised, 1936, 363 § 2.
Sect. 91 revised, 1936, 363 § 3.
Sect. 92 amended, 1936, 363 § 4.
Sect. 93 amended, 1936, 363 § 5.
Sect. 94 amended, 1936, 363 § 6.
Sect. 103 amended, 1933, 10.

Chapter 159A. — Common Carriers of Passengers by Motor Vehicle.

[Title amended, and headings, "part i", "carriers of passen-
gers BY MOTOR vehicle", inserted before section 1, 1933, 372 § 1.]

[Sects. 17-30 added, under headings, "part ii", "carriers of
PROPERTY BY MOTOR VEHICLE", 1933, 372 § 2 (regulating carriers of
property by motor vehicle).]

NOTE:— 1933, 372 repealed by 1934, 264 § 5.

Chapter 159B. — Carriers of Property by Motor Vehicle.

New chapter inserted, 1934, 264 § 1.
Sect. 2 revised, 1936, 345 § 1.
Sect. 6 revised, 1936, 345 § 2.
Sect. 7 revised, 1936, 345 § 3.
Sect. 8 affected, 1935, 24.
Sect. 9 revised, 1936, 345 § 4.
Sect. 10 revised, 1936, 345 § 5.

Sect. lOA added, 1936, 345 § 6 (prohibiting rebates, discrimination
and evasion of regulation in the carrying of property by motor vehicle).

Chapter 160. — Railroads.

Sect. 70 amended, 1932, 238.

Sect. 70 A revised, 1932, 236; amended, 1934, 264 § 3.
Sect. 104 revised, 1933, 176.
Sect. 198A (see 1936, 267).

Sect. 198B added, 1936, 267 (prohibiting the scalping, so called, of
tickets issued by railroad corporations).

Chaps. 161-164.] GeNEEAL LawS. 689

Chapter 161. — Street Railways.

Name of Metropolitan Transit District changed to Boston Metro-
politan Distiict, and authority to issue notes and bonds defined, 1932,
147.

Temporary act, extending to January 15, 1939, the period of public
control and management of the Eastern Massachusetts Street Railway
Company, 1933, 108.

Temporary acts relative to the purchase of bonds of the Boston
Elevated Railway Company by the Boston Metropolitan District,
1933,235; 1934,334; 1935,451; 1936,308.

Sect. 42, third sentence amended, 1934, 328 § 20.

Sect. 44 amended, 1934, 264 § 4.

Sect. 77 revised, 1934, 310 § 1.

Sect. 86 revised, 1934, 310 § 2.

Sect. 91A added, 1935, 101 (relative to the number of guards on
passenger trains operated by street railway companies).

Chapter 163. — Trackless Trolley Companies.

Sect. 12 added, 1932, 185 (requiring trackless trolley companies to
furnish security for civil liabiUty on account of personal injuries or
property damage caused by their vehicles).

Chapter 164. — Manufacture and Sale of Gas and Electricity.

For legislation authorizing compacts relative to the interstate trans-
mission of electricity and gas, see 1933, 294.

Sect. 14 amended, 1935, 222.

Sect. 17A added, 1932, 132 (regulating the lending of money by gas
and electric companies).

Sect. 33 amended, 1932, 180 § 32.

Sect. 76A added, 1935, 335 § 1 (giving to the department of public
utilities supervision over certain affiliates of gas and electric com-
panies).

Sect. 84A added, 1934, 202 § 1 (requiring gas and electric com-
panies to make additional annual returns).

Sect. 85, second paragraph amended, 1935, 335 § 2.

Sect. 85A added, 1933, 202 § 1 (requiring the filing with the depart-
ment of public utilities of certain contracts of gas and electric com-
panies with affiliated companies).

Sect. 94C added, 1935, 227 (relative to payments, charges, con-
tracts, purchases, sales or obligations or other arrangement between
gas or electric companies and affiliated companies, and the burden of
proving the reasonableness thereof).

Sect. 94D added, 1936, 243 (prohibiting gas and electric companies
from collecting penalty charges for delinquency in the payment of bills
for gas or electricity used for domestic purposes).

Sect. 105A added, 1932, 119 (regulating the storage, transportation
and distribution of gas).

Sect. 115A added, 1936, 259 § 1 (requiring the periodic replacement
of meters for measuring gas). (See 1936, 259 §§2, 3.)

Sect. 119 revised, 1934, 365.

690 Changes in the [Chaps. 165-167.

Sect. 119 A added, 1936, 76 § 1 (requiring bills for gas or electricity
used for domestic purposes to be itemized). (See 1936, 76 § 2.)

Sect. 124 amended, 1935, 237, 376 § 2.

Sect. 124A added, 1935, 376 § 1 (relative to the shutting off of gas
or electric service in homes where there is serious illness).

Chapter 165. — Water and Aqueduct Companies.

Sect. 4A added, 1933, 202 § 2 (requiring the filing with the depart-
ment of public utilities of certain contracts of water companies with
affiliated companies).

Chapter 166. — Telephone and Telegraph Companies, and Lines for the
Transmission of Electricity.

Sect. 12A added, 1934, 202 § 2 (requiring telephone and telegraph
companies to make additional annual returns).

Sect. 15A added, 1935, 242 (regulating charges by telephone com-
panies for the use of hand sets, so called).

Sect. 22, second paragraph amended, 1932, 36.

Sect. 22A added, 1932, 266 (relative to the placing underground of
certain wires); revised, 1933, 251.

Chapter 167. — Banks and Banking.

For temporary act, authorizing the commissioner of banks to bor-
row within two years from March 30th, 1932, funds for the payment
of dividends in Hquidation of certain closed banks, see 1932, 122; time
increased to four years, 1934, 304; time further increased to six years,
1936, 263.

For temporary act, operative until January 1st, 1938, authorizing
savings banks and savings departments of trust companies to grant
loans on proofs of claim of depositors in closed savings banks and in
savings departments of closed trust companies, see 1932, 217.

For temporary act, authorizing the governor to proclaim the exist-
ence of a banking emergency, and providing for the further protection
of depositors in banks and the maintenance of the banking structure
of the commonwealth, see 1933, 59. (See also 1933, Res. 2.)

For temporary act, facilitating the reorganization of certain trust
companies, and empowering certain holders of deposits in certain
national banking associations to take in substitution therefor pre-
ferred stock in such associations, see 1933, 112.

For temporary act, authorizing banks and credit unions to co-
operate in action under the Federal Home Owners' Loan Act of 1933,
see 1933, 343.

For temporary act, providing for the establishment of a fund for the
insurance of deposits in certain savings banks, see 1934, 43.

For temporary act, providing for the establishment of a fund for the
insurance of shares in co-operative banks, see 1934, 73.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the Na-
tional Housing Act, see 1935, 162.

For temporary act, modifying requirements for investments in real
estate mortgages, see 1936, 191; amended, 1936, 405 § 2.

Chap. 168.] GENERAL LaWS. 691

Sect. 1 amended, 1935, 452 § 1.

Sect. 2 revised, 1934, 251; first paragraph amended, 1935, 452 § 2.

Sect. 2A added, 1933, 310 (improving the method of examination of
banks).

Sect. 4 amended, 1934, 270 § 1.

Sect. 5 revised, 1933, 337.

Sect. 11 revised, 1934, 270 § 2.

Sect. 12 revised, 1935, 452 § 3.

Sect. 14 revised, 1933, 334 § 1.

Sect. 17 repealed, 1933, 334 § 2.

Sect. 20 amended, 1933, 190.

Sect. 20A added, 1933, 292 (permitting certain pubHc officers to
participate in certain bank reorganizations).

Sects. 22-36. See 1934, 43 § 11.

Sect. 22. See 1933, 59 § 5, 112 § 7.

Sect. 23. See 1933, 112 § 6.

Sect. 24 amended, 1932, 294; 1933, 41 § 4.

Sect. 31A added, 1933, 277 (authorizing payment of dividends on
small deposits in closed banks to certain minors and to the next of kin
of certain deceased persons without probate proceedings).

Sect. 35. See 1936, 428.

Sect. 35A added, 1933, 302 (authorizing the destruction of certain
books, records. and papers relating to closed banks).

Sect. 35B added, 1934, 241 (providing for semi-annual reports by
the commissioner of banks as to progress of liquidation of certain
banks) .

Chapter 168. — Savings Banks.

For temporary act, establishing the Mutual Savings Central Fund,
Inc., for the term of five years, see 1932, 44; term extended to ten
years, 1936, 149 § 1.

For temporary act, authorizing banks and credit unions to co-
operate in action under the Federal Home Owners' Loan Act of 1933,
see 1933, 343.

For temporary act, providing for the establishment of a fund for the
insurance of deposits in certain savings banks, see 1934, 43; amended,
1936, 149 §§ 2-4,

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

For temporary act, modifying requirements for investments in real
estate mortgages, see 1936, 191; amended, 1936, 405 § 2.

Sect. 1, two paragraphs (defining "deposit book [etc,]" and "savings
bank") added at end, 1933, 334 § 3.

692 Changes in the [Chap. 169.

Sect. 2 revised, 1933, 334 § 4.

Sect. 2A added, 1933, 46 § 1 (authorizing savings banks to become
members of the Federal Home Loan Bank estabhshed for the district
of New England).

Sect. 5. See 1936, 143 § 2.

Sect. 11 amended, 1933, 334 § 5.

Sect. 13 amended, 1933, 334 § 6. (See 1933, 41 § 1.)

Sect. 17 revised, 1933, 334 § 7.

Sect. 25 revised, 1933, 334 § 8.

Sect. 25A added, 1933, 334 § 8 (authorizing the collection of savings
from school children through principals, teachers, etc.).

Sect. 26 revised, 1933, 334 § 9.

Sect. 27 amended, 1933, 334 § 10.

Sect. 28 revised, 1933, 334 § 11.

Sect. 29 amended, 1933, 334 § 12.

Sect. 33A revised, 1933, 334 § 13.

Sect. 34 revised, 1933, 334 § 14.

Sect. 35 revised, 1933, 334 § 15.

Sect. 45 amended, 1933, 334 § 16.

Sect. 47 revised, 1933, 334 § 17.

Sect. 49 amended, 1933, 334 § 18.

Sect. 50 revised, 1933, 334 § 19.

Sect. 51 revised, 1932, 245 § 1.

Sect. 51A revised, 1933, 334 § 20.

Sect. 53 revised, 1933, 334 § 21.

Sect. 54, clause First, first two paragraphs revised, 1933, 334 § 22;
clause Second, subdivisions (a), (e) and (/) revised, 1933, 334 § 23;
subdivision Qi) added, 1933, 334 § 24 (forbidding investment of funds
in bonds or notes of county, etc., in default, and defining term "in
default"); clause Third affected, 1933, 111; 1934, 79; 1935, 72
§§ 1, 2; 1936, 84; subdivision (p) of clause Third revised, 1936, 79;
clause Fourth amended, 1932, 112; clause Seventh, second paragraph
revised, 1932, 220; clause Ninth, subdivision (c), paragraph (2) stricken
out, 1933, 334 § 25; subdivision (e), paragraphs (2), (3) and (5) revised,
1933, 334 § 26; clause Sixteenth affected, 1933, 111; 1934, 79; 1935,
72 §§ 1, 2; 1936, 84.

Sect. 55, paragraph added at end, 1933, 334 § 27 (authorizing the
continuing of the offices of a merged savings bank as branch offices of
the continuing bank).

Sect. 56 added, 1933, 41 § 1 (authorizing savings banks to purchase,
loan upon or participate in loans upon the assets of certain closed and
other banks).

Sect. 57 added, 1933, 334 § 28 (authorizing savings banks to become
members of savings bank associations).

Chapter 169. — Deposits with Others than Banks.

Chap. 170.] GENERAL LawS. 693

Chapter 170. — Co-operative Banks.

For temporary act, establishing the Co-operative Central Bank for
the term of five years, see 1932, 45; term extended to ten years, 1935,
82; amount which a member bank may borrow without collateral
further regulated, 1935, 136.

For temporary act, authorizing banks and credit unions to co-oper-
ate in action under the Federal Home Owners' Loan Act of 1933, see
1933, 343.

For tempoi-ary act, providing for the establishment of a fund for the
insurance of shares in co-operative banks, see 1934, 73; amended,

1935, 76, 80; 1936, 155.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

For temporary act, authorizing co-operative banks, within a three-
year period, to make loans upon real estate differing from ordinary
co-operative bank loans, see 1935, 191; time increased to six years,

1936, 203.

For temporary act, modifying requirements for investments in real
estate mortgages, see 1936, 191; amended, 1936, 405 § 2.

For temporary act, authorizing co-operative banks to borrow from
any source to make real estate loans, see 1936, 195.

The following references are to chapter 170, as appearing in the Tercen-
tenary Edition:

Sect. 16 revised, 1932, 292 § 1.

Sect. 19 amended, 1932, 292 § 2.

Sect. 20A added, 1932, 292 § 3 (authorizing payment to spouse or
next of kin without administration in case value of shares does not
exceed two hundred dollars).

Sect. 36A added, 1932, 292 § 4 (authorizing and regulating borrow-
ings to meet withdrawals and to loan against shares).

Sect. 40, paragraph added at end, 1932, 233 § 1.

Sect. 41 amended, 1932, 233 § 2.

Sect. 42 amended, 1932, 233 § 3.

Sect. 45A added, 1933, 46 § 2 (authorizing co-operative banks to
become members of the Federal Home Loan Bank established for the
district of New England).

Sect. 50 added, 1932, 201 (authorizing co-operative banks to become
members of certain leagues).

Chapter stricken out and new chapter inserted, 1933, 144.
The following references are to the new chapter 170:

Sect. 12 amended, 1936, 196 § 1.

Sect. 16, second paragraph revised, 1936, 196 § 2.

Sect. 25, sentence added at end, 1935, 174.

Sect. 33 amended, 1935, 190.

Sect. 34 amended, 1934, 203 § 1.

Sect. 35, last paragraph stricken out, 1934, 203 § 2.

Sect. 44, geqond paragraph revised, 1936, 159.

694 Changes in the [Chaps. 171, 172.

Sect. 47 revised, 1935, 75; 1936, 133.

Sect. 50, first paragraph amended, 1935, 54.

Sect. 50A added, under caption "conversion", 1935, 215 (estab-
lishing the procedure to be followed by a co-operative bank in con-
verting into a federal savings and loan association).

Chapter 171. — Credit Unions.

For temporary act, estabhshing the Central Credit Union Fund, Inc.,
for the term of five years, see 1932, 216, as amended by 1934, 221.
Term extended to ten years, 1936, 70.

For temporary act, authorizing the governor to proclaim the ex-
istence ol a banking emergency, and providing for the further pro-
tection of depositors in banks and the maintenance of the banking
structure of the commonwealth, see 1933, 59. (See also 1933, Res. 2.)

For temporary act, authorizing banks and credit unions to co-operate
in action under the Federal Home Owners' Loan Act of 1933, see 1933,
343.

For temporaiy act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

For temporary act, modifying requirements for investments in real
estate mortgages, see 1936, 191; amended, 1936, 405 § 2.

Sect. 3, second paragraph revised, 1936, 323.

Sect. 15, last sentence stricken out, and paragraph added at end,
1933, 163 § 1; new paragraph added, 1935, 272; paragraph added by
1935, 272 revised, 1936, 329.

Sect. 20A added, 1936, 119 (relative to the impairment of the capital
of credit unions).

Sect. 21 amended, 1933, 163 § 2.

Sect. 24, paragraph added at end of subdivision (A), 1933, 163 § 3.

Sect. 29, first paragraph revised, 1936, 139.

Chapter 172. — Trust Companies.

For temporary act, authorizing banks and credit unions to co-operate
in action under the Federal Home Owners' Loan Act of 1933, see 1933,
343.

For temporary act, authorizing banking institutions, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

Chap. 172.] GENERAL LawS. 695

For temporary act, modifying requirements for investments in real
estate mortgages, see 1936, 191; amended, 1936, 405 § 2.

Sect. 1 revised, 1934, 349 § 1.

Sect. 7, clause Fourth revised, 1934, 349 § 2.

Sect. 9, fifth sentence amended, 1934, 349 § 3.

Sect. 10, first paragraph amended, 1934, 349 § 4.

Sect. 11 revised, 1934, 349 § 5.

Sect. 12 revised, 1934, 349 § 6.

Sect. 13 revised, 1934, 349 § 7.

Sect. 14 revised, 1934, 349 § 8; 1935, 40; amended, 1936, 143 § 1.

Sect. 14A added, 1934, 349 § 9 (relative to the submission of a
monthly report by the treasurer of a trust company to its board of
directors).

Sect. 15 levised, 1934, 349 § 10.

Sect. 16, paragraph added at end, 1934, 349 § 11.

Sect. 18 revised, 1934, 349 § 12; amended, 1935, 18.

Sect. 19 amended, 1934, 349 § 13.

Sect. 24 revised, 1934, 349 § 14.

Sect. 25 amended, 1934, 349 § 15.

Sect. 26 amended, 1934, 349 § 16.

Sect. 30A, sentence added at end, 1934, 349 § 17.

Sect. 31 revised, 1934, 349 § 18.

Sect. 34 revised, 1934, 349 § 19.

Sect. 43 revised, 1934, 349 § 20.

Sect, 44A added, 1933, 41 § 2 (authorizing trust companies to pur-
chase, loan upon or participate in loans upon the assets of certain
closed and other banks).

Sect. 45 revised, 1934, 349 § 21.

Sect. 46 revised, 1934, 349 § 22.

Sect. 48 revised, 1934, 349 § 23.

Sect. 54 amended, 1934, 349 § 24; 1935, 172 § 1.

Sect. 54A added, 1935, 172 § 2 (authorizing trust companies under
certain conditions to deposit in their commercial departments certain
funds held in their trust departments).

Sect. 57 revised, 1934, 349 § 25.

Sect. 60 amended, 1934, 349 § 26.

Sect. 61 amended, 1933, 41 § 3.

Sect. 62 amended, 1934, 349 § 27.

Sect. 66 revised, 1932, 245 § 2.

Sect. 67, paragraph added at end, 1933, 334 § 29 (regulating the
declaration and payment of interest on deposits in savings depart-
ments of trust companies).

Sect. 74 amended, 1934, 349 § 28.

Sect. 75 revised, 1934, 349 § 29.

Sect. 76 amended, 1934, 349 § 30.

Sect. 80 revised, 1934, 349 § 31 (but see 1934, 349 § 32).

Sect. 82 added, under caption "set-off or recoupment of de-
posits", 1932, 295 § 1. (See 1932, 295 § 2.)

Sects. 83-89 added, under caption "conservatorship", 1933,
87 § 1.

Sects. 83, 88. See 1933, 112 §§ 6, 9.

Sect. 90 added, 1933, 273 (relative to the enforcement of conserva-
torship proceedings in respect to trust companies).

696 Changes in the [Chaps. i72A, i75.

Chapter 172A. — Banking Companies.

New chapter inserted, 1935, 452 § 4.

Chapter 175. — Insurance.

For temporary act, relative to the support and regulation of the
business of insurance companies during the bank emergency, see
1933, 65.

For temporary act, authorizing insurance companies, during a three-
year period, to make loans insured under the provisions of the National
Housing Act, see 1935, 162.

For temporary act, modifying the requirements for investments in
real estate mortgages, see 1936, 191; amended, 1936, 405 § 2.

Sect. 5 amended, 1933, 107 § 2.

Sect. 6, first paragraph amended, 1933, 107 § 3.

Sect. 11, first paragraph amended, 1934, 92 § 1; third paragraph
amended, 1933, 5.

Sect. 19A amended, 1934, 137 § 2.

Sect. 22A revised, 1935, 234.

Sect. 25, last paiagraph of Form A stricken out, 1934, 12; last para-
graph of section amended, 1934, 92 § 2.

Sect. 36, second paragraph revised, 1935, 140; 1936, 61.

Sect. 47, clause Twelfth revised, 1935, 204.

Sect. 50, third sentence amended, 1932, 180 § 33.

Sect. 54A added, 1932, 165 (permitting certain insurance companies
to make outside the commonwealth contracts insuring personal prop-
erty against all risks or hazards).

Sect. 64, second paragraph amended, 1936, 213.

Sect. 72 amended, 1936, 212.

Sect. 79 revised, 1933, 23 § 1.

Sect. 80, paragraph inserted after the word "classified" in the
twenty-third line, 1936, 315.

Sect. 87 repealed, 1934, 22.

Sect. 90B revised, 1933, 23 § 2.

Sect. 94, first two paragraphs stricken out, and new paragraph in-
serted, 1933, 81.

Sect. 97 amended, 1933, 31.

Sect. 99, clause Ninth revised, 1934, 95.

Sect. 102 amended, 1932, 174 § 1; revised, 1934, 110 § 1. (See
1932, 174 § 2; 1934, 110 § 2.)

Sect. 106 revised, 1932, 150 § 1. (See 1932, 150 § 4.)

Sect. 113A, provision (2) amended, 1933, 119 § 1; revised, 1933,
145 § 1; provision (2A) added, 1933, 145, § 2; amended, 1935, 296 § 1;
provision (6) revised, 1936, 272. (See 1933, 145 § 3; 1935, 296 § 2.)

Sect. 113B, new paragraph added, 1935, 459 § 4. (See 1935, 459
§5.)

Sect. 113D, first paragraph revised, 1933, 119 § 2; paragraph added
at end, 1933, 119 § 3; fourth paragraph revised, 1933, 146 § 1; sixth
paragraph revised, 1933. 146 § 2; same paragraph amended, 1934, 46;
paragraph added at end,' 1934, 379. (See 1933, 119 § 6, 146 § 3.)

Sect. 113E added, 1934, 61 (prohibiting certain discrimination in the
issuance or execution of motor vehicle liability policies or bonds).

Chaps. 176-178.] GENERAL LaWS. 697

Sect. 114 amended, 1932, 180 § 34.

Sect. 116A amended, 1932, 180 § 35.

Sects. 125, 126. See 1933, 42.

Sect. 132, first paragraph revised, 1933, 101 § 1.

Sect. 140, third paragraph amended, 1933, 101 § 2.

Sect. 144, last paragraph revised, 1933, 101 § 3.

Sect. 147B added, 1935, 232 (requiring foreign hfe insurance com-
panies to provide for paid-up and extended term insurance and cash
surrender values on policies of industrial life insurance issued in the
commonwealth) .

Sect. 151, clause Second amended, 1933, 107 § 1.

Sect. 155, clause First revised, 1932, 150 § 2. (See 1932, 150 § 4.)

Sect. 156A amended, 1933, 30.

Sect. 160A added, 1933, 25 § 1 (prohibiting the printing or publica-
tion of certain advertisements for or on behalf of unlicensed insurance
companies).

Sect. 160B added, 1934, 14 § 1 (authorizing the commissioner of in-
surance to publish certain information relative to unlicensed foreign
insurance companies or societies).

Sect. 167A amended, 1934, 137 § 3.

Sect. 181 revised, 1934, 160.

Sect. 185, second paragraph revised, 1932, 150 § 3.

Sect. 187C, first paragraph amended, 1934, 34; 1936, 215 § 1. (See
1936, 215 § 2.)

Chapter 176. — Fraternal Benefit Societies.

For temporary act, relative to the support and regulation of the
business of insurance companies during the bank emergency, see 1933,
65.

Sect. 5 amended, 1933, 25 § 2; 1934, 14 § 2.

Sect. 21 amended, 1934, 170.

Sect. 23 amended, 1932, 46.

Sect. 40, first two sentences amended, 1932, 180 § 36.

Sect. 45, second paragraph amended, 1932, 104.

Sect. 46B added, 1932, 47 § 1 (authorizing certain fraternal benefit
societies to acquire, hold, manage and dispose of real property, and
confirming title to such property heretofore acquired by certain of
such societies).

Chapter 176A. — Non-Profit Hospital Service Corporations.

New chapter inserted, 1936, 409.

Chapter 178. — Savings Bank Life Insurance.

For temporary act, relative to the support and regulation of the
business of insurance companies during the bank emergency, see
1933, 65.

Sect. 10 amended, 1935, 330 § 1.

Sect. 11 amended, 1935, 330 § 2.

Sect. 11 A added, 1935, 330 § 3 (relative to non-payment of pre-
miums on annuity and certain other contracts).

Sect. 15 amended, 1935, 330 § 4; 1936, 285 § 1.

Sect. 17 revised, 1935, 330 § 5.

698 Changes in the [Chaps. I8O-197.

Sect. 19 amended, 1935, 330 § 6.

Sect. 21 revised, 1935, 330 § 7; amended, 1936, 285 § 2.

Sect. 26 revised, 1932, 103.

Sect. 29 amended, 1936, 285 § 3.

Sect. 30 amended, 1936, 285 § 4.

Chapter 180. — Corporations for Charitable and Certain Other Purposes.

Sect. 5 amended, 1934, 328 § 21.

Sect. 10 amended, 1932, 180 § 37.

Sect. 12A amended, 1935, 246.

Sect. 26A added, 1933, 236 § 1 (requiring the filing of annual returns
by certain incorporated clubs and other corporations). (See 1933,
236 § 2.)

Sect. 27 amended, 1934, 328 § 22.

Chapter 185. — The Land Court and Registration of Title to Land.

Sect. 1, clause (b) revised, 1935, 318 § 3; clause (c) revised, 1935,
318 § 4; clause (j}/i) added, 1934, 263 § 1 (granting to land court
exclusive original jurisdiction to determine by declaratory judgment
the validity and extent of municipal zoning ordinances, by-laws and
regulations); clause (k) revised, 1934, 67 § 1; clauses (/) and (m)
added, 1935, 318 § 5 (granting to said court original jurisdiction con-
current with supreme judicial and superior courts of certain suits in
equity). (See 1934, 67 § 2; 1935, 318 § 8.)

Sect. 25A added, 1933, 55 (relative to the power of the land court
to enforce its orders and decrees, and relative to service of its processes).

Chapter 189. — Dower and Curtesy.

Sect. 3 revised, 1936, 91 § 1. (See 1936, 91 § 2.)

Chapter 192. — Probate of Wills and Appointment of Executors.

Sect. 1A added, 1934, 113 (requiring that the attorney general be
made a party in certain proceedings relative to the probate of wills).

Chapter 194. — Public Administrators.

Sect. 7 revised, 1933, 100.

Sect. 9, last sentence amended, 1932, 180 § 38; section affected,
1932, 180 § 45.
Sect. 10. See 1936, 428.

Chapter 195. — General Provisions relative to Executors and Administrators.

Sects. 1-4 repealed, 1933, 221 § 1. (See 1933, 221 § 8.)
Sect. 8 amended, 1933, 221 § 2. (See 1933, 221 § 8.)

Chapter 196. — Allowances to Widows and Children, and Advancements.

Sect. 2 amended, 1933, 36; revised, 1936, 214.

Chapter 197. — Payment of Debts, Legacies and Distributive Shares.

Sect. 2 amended, 1933, 221 § 3. (See 1933, 221 § 8.)
Sect. 9 amended, 1933, 221 § 4. (See 1933, 221 § 8.)

Chaps. 201-212.] GENERAL LawS. 699

Chapter 201. — Guardians and Conservators.

Sect. 13, new sentence added at end, 1934, 204 § 1.

Sect. 18, new sentence added at end, 1934, 204 § 2.

Sect. 39A added, 1936, 270 (authorizing payments from estates of
minors unde^' guardianship for expenses for the funerals of the parents
in certain cases).

Chapter 202. — Sales, Mortgages and Leases of Real Estate by Executors,
Administrators, Guardians and Conservators.

Sect. 4A added, 1933, 129 (relative to the use and management of
real estate of a decedent by his executor or administrator for the pur-
pose of the payment of debts from the rents thereof).

Sect. 14 amended, 1934, 157 § 1.

Sect. 20 revised, 1933, 221 § 5. (See 1933, 221 § 8.)

Chapter 203. — Trusts.

Sect. 16 amended, 1934, 157 § 2.

Sect. 17A added, 1932, 50 (relative to the sale of real estate by
foreign testamentary trustees).

Sect. 22 amended, 1936, 184 § 1. (See 1936, 184 § 2.)

Chapter 204. — General Provisions relative to Sales, Mortgages, Releases,
Compromises, etc., by Executors, etc.

Sect. 26 amended, 1933, 221 § 6. (See 1933, 221 § 8.)

Chapter 206. — Accounts and Settlements of Executors, Administrators,
Guardians, Conservators, Trustees and Receivers.

Sect. 17 amended, 1936, 208.

Chapter 207. — Marriage.

Sect. 20 amended, 1933, 127.
Sect. 38 revised, 1932, 162.

Chapter 208, — Divorce.

Sect. 19 revised, 1932, 3.

Sect. 21, sentence added at end, 1934, 181 § 1. (See 1934, 181 § 2.)

Sect. 33 revised, 1936, 221 § 1. (See 1936, 221 § 2.)

Sect. 38 revised, 1933, 288.

Chapter 209. — Husband and Wife.

Sect. 33 revised, 1933, 360.

Chapter 211. — -The Supreme Judicial Court.

Sect. 11 revised, 1933, 300 § 1. (See 1933, 300 § 4.)

Chapter 212. — The Superior Court.

For act further extending to January 1st, 1938, the operation of
certain provisions of law (1923, 469, as amended,) relative to the more
prompt disposition of criminal cases in the superior court, see 1935, 377.

700 Changes in the [Chaps. 213-218.

For act relative to sittings and sessions of the superior court, see

1932, 144. (For prior temporary legislation, see 1927, 306; 1928, 228.)
Sect, 14 revised, 1932, 144 § 1. (For prior temporary legislation,

see 1927, 306; 1928, 228.)

Sect. 14A added, 1932, 144 § 2 (regulating the establishing of
sessions and sittings of the superior court). (For prior temporary
legislation, see 1927, 306; 1928, 228.)

Sects. 15-18 repealed, 1932, 144 § 3.

Sect. 22 amended, 1934, 287.

Sect. 25 amended, 1932, 144 § 4.

Sect. 26A added, 1935, 229 § 1 (providing for the transfer from the
superior court to the land court of certain actions at law and suits in
equity where any right, title or interest in land is involved). (See
1935, 229 § 2.)

Chapter 213. — Provisions Common to the Supreme Judicial and Superior

Courts.

Sect. 6 amended, 1932, 144 § 5.

Chapter 214. — Equity Jurisdiction and Procedure in the Supreme Judicial

and Superior Courts.

Sect. 1 amended, 1935, 407 § 2. (See 1935, 407 § 6.)

Sect. 9 amended, 1934, 381; 1935, 407 § 3. (See 1935, 407 § 6.)

Sect. 9A added, 1935, 407 § 4 (limiting authority of courts to grant

injunctive relief in cases involving or growing out of labor disputes).

(See 1935, 407 § 6.)

Chapter 215. — Probate Courts.

Sect. 6 amended, 1933, 237 § 1.

Sect. 6B added, 1935, 247 § 1 (providing for interpretative judg-
ments in the probate courts as to the meaning of written instruments).
(See 1935, 247 § 2.)

Sect. 30A amended, 1934, 330.

Sect. 62, paragraph in lines 17-20 revised, 1932, 107; 1936, 241;
paragraph in lines 29-33 revised, 1934, 24; paragraph in lines 34-37
amended, 1934, 54; same paragraph revised, 1934, 175 § 1; paragraph
in lines 45-51 revised, 1935, 132; paragraph in lines 56 and 57 revised,

1933, 274. (See 1934, 175 § 2.)

Chapter 217. — Judges and Registers of Probate and Insolvency.

Sect. 1 amended, 1935, 434 § 1.

Sect. 2 amended, 1934, 290; 1935, 434 § 2.

Sect. 30 revised, 1935, 143 § 1;* 1935, 313 § 1; 1936, 252 § 1. (See
1935, 313 § 3; 1936, 252 § 2.)

Sect. 31A added,* 1935, 313 § 2 (providing for the appointment of a
messenger for the probate court of Essex countj^. (See 1935, 313 § 3.)

Chapter 218. — District Courts.

For act further extending to January 1, 1938, the operation of certain
provisions of law (1923, 469, as amended.) authorizing certain justices of
district courts to sit in criminal cases in the superior court, see 1935, 377.

* Void for non-acceptance.

Chaps. 219-223.] GENERAL LaWS. 701

Sect. 1, first paragraph under caption '^ Franklin" revised, 1932,
87 § 1.

Sect. 8 revised, 1936, 282 § 1. (See 1936, 282 § 3.)

Sect. 9, sentence added at end, 1934, 217 § 1.

Sect. 10 amended, 1932, 160 § 1.

Sect. 19 amended, 1934, 387 § 1. (See 1934, 387 § 5.)

Sect. 29 amended, 1932, 55.

Sect. 53, paragraph added after the first paragraph, 1936, 230.

Sect. 58 revised, 1936, 282 § 2. (See 1936, 282 § 3.)

Sect. 62 amended,* 1932, 235 § 1; revised,* 1932, 247 § 1; amended,

1935, 71 § 1. (See 1935, 71 § 2.)
Sect. 63 revised 1935 341.

Sect! 76 amended, 1932, 269 § 1; 1935, 366 § 1. (See 1935, 366 § 3.)
Sect. 80, sentence added at end, 1935, 366 § 2; section amended,

1936, 229 § 1. (See 1935, 366 § 3; 1936, 229 § 2.)

Chapter 219. — Trial Justices.

Sect. 28 amended, 1934, 328 § 23.

Chapter 220. — Courts and Naturalization.

Sects. 13A and 13B added, 1935, 407 § 5 (regulating procedure in
trials for contempt arising out of disobedience to decrees or process of
courts in labor dispute cases). (See 1935, 407 § 6.)

Sect. 14A added, 1936, 206 § 1 (relative to the time within which
certain justices shall render their decisions). (See 1936, 206 § 2.)

Sects. 16 and 17 repealed, 1932, 144 § 3.

Sect. 19 repealed, 1932, 16.

Chapter 221. — Clerks, Attorneys and Other Officers of Judicial Courts.

Sect. 4 amended, 1935, 89 § 1. (See 1935, 89 § 2.)

Sect. 5 amended, 1932, 51.

Sect. 24 revised, 1936, 3H 3.

Sect. 46 revised, 1935, 346 § 1.

Sects. 46A and 46B added, 1935, 346 § 2 (prohibiting individuals
not members of the bar from practising law or attempting so to do
and providing a means of restraining unauthorized practice of law).

Sect. 47 repealed, 1935, 346 § 3.

Sect. 49 repealed, 1935, 346 § 3.

Sect. 58 amended, 1932, 40 § 1.

Sect. 60 repealed, 1932, 40 § 2.

Sect. 73 revised, 1935, 182 § 2. (See 1935, 182 §§ 5, 6.)

Sect. 76 revised, 1935, 182 § 3. (See 1935, 182 §§ 5, 6.)

Sect. 80 amended, 1935, 182 § 4. (See 1935, 182 § 6.)

Sect. 94, first sentence amended, 1932, 180 § 39.

Chapter 223. — Commencement of Actions, Service of Process.

Sect. 2 revised, 1934, 387 § 2. (See 1934, 387 § 5.)

Sect. 2A added, 1935, 483 § 1 (providing for trial together of two

or more actions arising out of the same motor vehicle accident pending

in district courts). (See 1935, 483 §§ 2, 3.)

* Void for non-acceptance.

702 Changes in the [Chaps. 228-233.

Chapter 228. — Survival of Actions and Death and Disabilities of Parties.

Sect. 1 revised, 1934, 300 § 1. (See 1934, 300 § 2.)
Sect. 5 amended, 1933, 221 § 7. (See 1933, 221 § 8.)

Chapter 230. — Actions By and Against Executors and Administrators.

Sect. 5 amended, 1934, 116.

Chapter 231. — Pleading and Practice.

Sect. 55 amended, 1935, 318 § 6. (See 1935, 318 § 8.)

Sect. 59C added, under caption "speedy trial of certain actions
FOR malpractice, ERROR OR MISTAKE", 1935, 118 § 1 (relative to the
advancement for speedy trial in the superior court of actions against
physicians and others for malpractice, error or mistake), (See 1935,
118 § 2.)

Sect. 63 amended, 1932, 84 § 1.

Sect. 69 amended, 1932, 177 § 1. (See 1932, 177 § 2.)

Sect. 73 repealed, 1932, 180 § 40.

Sect. 78 repealed, 1932, 180 § 40.

Sect. 84A added, 1933, 247 § 1 (relative to the joint trial in the
superior court of actions involving the same subject matter). (See
1933, 247 § 2.)

Sect. 102A added, 1934, 387 § 3 (relative to the removal to the
superior court of an action of tort arising out of the operation of a
motor vehicle). (See 1934, 387 § 5.)

Sect. 108, second sentence of third paragraph revised, 1933, 255 § 1.
(See 1933, 255 § 2.)

Sect. 133 amended, 1933, 300 § 2. (See 1933, 300 § 4.)

Sect. 140A added, 1932, 130 § 1 (relative to the effect of a settle-
ment by agreement of an action of tort growing out of a motor vehicle
accident upon the right of a defendant in such action to maintain a
cross action).

Sect. 141 amended, 1932, 130 § 2; 1933, 300 § 3; 1934, 387 § 4.
(See 1933, 300 § 4; 1934, 387 § 5.)

Sect. 142 amended, 1935, 318 § 7. (See 1935, 318 § 8.)

Chapter 233. — Witnesses and Evidence.

Sect. 3x\ added, 1933, 262 (authorizing the commissionei of banks
to respond to summonses or subpoenas by an employee or other
assistant in his department).

Sect. 8 amended, 1933, 269 § 3, 376 § 3.

Sect. 22 amended, 1932, 97 § 1.

Sect. 26 amended, 1932, 71 § 1.

Sect. 29 amended, 1932, 71 § 2.

Sect. 30 amended, 1932, 71 § 3.

Sect. 32 amended, 1932, 71 § 4.

Sect. 33 amended, 1932, 71 § 5.

Sect. 34 amended, 1932, 71 § 6.

Sect. 45 amended, 1932, 71 § 7.

Sect. 46 amended, 1932, 71 § 8.

Chaps. 234^262.] GENERAL LaWS. 703

Sect. 47 amended, 1932, 71 § 9.
Sect. 48 amended, 1932, 71 § 10.
Sect. 49 amended, 1932, 71 § 11.

Chapter 234. — Juries.

Sect. 1 amended, 1935, 257 § 11; 1936, 25. (See 1935, 257 § 12.)

Sect^II amended, 1934, 150.

Sect. 15 repealed, 1936, 161 § 1. (See 1936, 161 § 3.)

Chapter 240. — Proceedings for Settlement of Title to Land.

Sect. 14A added, 1934, 263 § 2 (providing for determination by the
land court by declaratory judgment as to the validity and extent of
municipal zoning ordinances, bj^-laws and regulations).

Chapter 246. — Trustee Process.

Sect. 28 temporarily affected, 1934, 74; revised, 1935, 410 § 1.
(See 1935, 410 §§ 2, 3.)

Chapter 250. — Writs of Error, Vacating Judgment, Writs of Review.

Sect. 16 amended, 1933, 244 § 1. (See 1933, 244 § 2.)

Chapter 255. — Mortgages, Conditional Sales and Pledges of Personal
Property, and Liens thereon.

Sect. 1. See 1933, 142 (recording of federal crop loans to farmers).
See also 1936, 264 subsection 20 (relative to trust receipt and pledge
transactions) .

Sect. 3 amended, 1935, 86 § 2.

Sects. 7A-7E added, 1935, 86 § 1 (relative to the mortgaging of
crops and certain other classes of personal property).

Sect. 13A added, 1935, 348 § 1 (regulating conditional sales of motor
vehicles). (See 1935, 348 § 2.)

Sect. 13B added, 1935, 396 (relative to certain contracts of condi-
tional sale of household or personal effects) .

Chapter 255A. — Trust Receipts and Pledges without Possession in the

Pledgee.

New chapter inserted, 1936, 264.

Chapter 258. — Claims against the Commonwealth.

Sect. 3 revised, 1932, 180 § 41.

Chapter 260. — Limitation of Actions.

Sect. 4 amended, 1933, 318 § 5; 1934, 291 § 4. (See 1933, 318 § 9;
1934, 291 § 6.)

Chapter 262. — Fees of Certain Officers.

Sect. 5 amended, 1933, 201.

Sect. 25 amended, 1933, 162; 1934, 141.

Sect. 32 revised, 1935, 280.

704 Changes in the [Chaps. 263-268.

Sect. 34 amended, 1933, 21.

Sect. 40 revised, 1934, 324 § 1. (See 1934, 324 § 2.)

Sect. 53 amended, 1936, 251.

Chapter 263. — Rights of Persons Accused of Crime.

Sect. 4A added, 1934, 358 (expediting the arraignment of persons
charged with crimes not punishable by death by permitting them to
waive indictment proceedings).

Sect. 6 amended, 1933, 246 § 1. (See 1933, 246 § 2.)

Chapter 264. — Crimes against Governments.

Sect. 5 revised, 1932, 298; amended, 1933, 153 § 3; 1934, 56.
Sect. lOA revised, 1933, 276.

Chapter 265. — Crimes against the Person.

Sect. 25 revised, 1932, 211.
Sect. 26 amended, 1934, 1.

Chapter 266. — Crimes against Property.

Sect. 1 revised, 1932, 192 § 1.

Sect. 2 revised, 1932, 192 § 2.

Sects. 3 and 4 repealed, 1932. 192 § 3.

Sect. 5 revised, 1932, 192 § 4.

Sect. 5A added, 1932, 192 § 5 (defining and providing penalties for
attempts to commit arson).

Sect. 6 repealed, 1932, 192 § 3.

Sect. 8 revised. 1932, 192 § 6.

Sect. 10 revised, 1932, 192 § 7.

Sect. 22 amended, 1935, 365.

Sect. 52 amended, 1934, 270 § 3.

Sect. 54. See 1933, 59 § 3.

Sect. 70 amended, 1933, 245 § 4.

Sects. 75A and 75B added, 1932, 11 (penalizing the fraudulent
operation of slot machines, coin-box telephones and other coin re-
ceptacles, and the manufacture and sale of devices intended to be
used in such operation).

Sect. 116A added, 1935, 116 (providing for the protection of wild
azaleas, wild orchids and cardinal flowers) .

Chapter 268. — Crimes against Public Justice.

Sect. 14A added, 1936, 168 (imposing a penalty for depriving em-
ployees of their emplovment because of jury service).
Sect. 16 revised, 1934, 344.
Sect. 26 amended, 1934, 328 § 24.
Sect. 27 amended, 1934, 328 § 25.
Sect. 29 amended, 1934, 328 § 26.
Sect. 33 amended, 1935, 440 § 44.

Chaps. 269-276.] GENERAL LawS. 705

Chapter 269. — Crimes against Public Peace.

Sect. 10 amended, 1935, 290; 1936, 227 § 1. (See 1936, 227 § 2.)
Sect. lOB added, 1934, 359 § 2 (further regulating the sale, rental
and leasing of rifles and shotguns).

Chapter 270. — Crimes against Public Health.

Sect. 5 amended, 1934, 328 § 27.

Chapter 271. — Crimes against Public Policy.

Sect. 22A revised, 1934, 371; paragraphs added at end, 1936, 222,
283

Sect. 23 amended, 1934, 235 § 3, 303 § 1.

Sects. 31, 33, 34 affected by 1935, 454 § 8, 471 § 2.

Chapter 272. — Crimes against Chastity, Morality, Decency and Good Order.

Sect. 25 revised, 1933, 376 § 4.

Sect. 28 amended, 1934, 231.

Sects. 79A and 79B added, 1934, 234 § 1 (relative to the cutting of
the muscles or tendons of horses' tails and to the showing or exhibiting
of horses whose tails have been so cut or have been docked). (See
1934, 234 § 2.)

Sect. 80 repealed, 1934, 234 § 1. (See 1934, 234 § 2.)

Sect. 92A added, 1933, 117 (preventing advertisements tending to
discriminate against persons of any rehgious sect, creed, class, denomi-
nation or nationahty by places of public accommodation, resort or
amusement).

Sect. 97A added, 1934, 164 (prohibiting the use of documents drawn
to imitate judicial process).

Sect. 98 amended, 1934, 138.

Sect. 103 added, 1936, 417 (prohibiting marathon dances, other
marathons or walkathons, so called).

Chapter 273. — Desertion, Non-Support and Illegitimacy.

Sect. 2 amended, 1933, 224.

Chapter 275. — Proceedings to prevent Crimes.

Sect. 15 repealed, 1932, 180 § 42.

Chapter 276. — Search Warrants, Rewards, Fugitives from Justice, Arrest,
Examination, Commitment and Bail. Probation Officers and Com-
mission on Probation.

Sect. 1, first paragraph amended, 1934, 303 § 2; clause Eleventh
amended, 1934, 235 § 1.

Sect. 3 amended, 1934, 340 § 15. (See 1934, 340 § 18.)

Sect. 3A added, 1934, 247 (concerning the service of search war-
rants).

Sect. 7 amended, 1934, 235 § 2.

706 Changes in the General Laws. [Chaps. 277-280.

Sect. 37A added, 1932, 180 § 43 (relative to the assignment of
counsel to appear, on behalf of a person accused of a capital crime, at
his preliminary examination). [For prior legislation, see G. L. chapter
277, §§ 48, 49, repealed by 1932, 180 § 44.]

Sect. 83 revised, 1936, 360.

Sect. 89, sentence added at end, 1934, 217 § 2.

Sect. 98 amended, 1932, 145.

Sect. 101 amended, 1936, 30 § 1. (See 1936, 30 § 2.)

Chapter 277. — Indictments and Proceedings before Trial.

Sect. 2 amended, 1932, 144 § 6.

Sects. 48 and 49 repealed, 1932. 180 § 44. (See G. L. chapter 276

§ 37A, inserted by 1932, 180 § 43.)
Sect. 50 repealed, 1936, 161 § 1. (See 1936, 161 § 3.)
Sect. 65 amended, 1936, 161 § 2. (See 1936, 161 § 3.)
Schedule of forms of pleadings at end of chapter amended,

1934, 328 § 29.

Chapter 278. — Trials and Proceedings before Judgment.

Sect. 33 amended, 1933, 265.

Chapter 279. — Judgment and Execution.

Sect. 1 amended, 1934, 205 § 1; 1935, 358 § 1; second paragraph
amended, 1936, 434 § 2. (See 1934, 205 § 3; 1935, 358 § 2.)
Sect. 1A amended, 1934, 205 § 2. (See 1934, 205 § 3.)
Sect. 3A amended, 1935, 50 § 2, 437 § 2. (See 1935, 50 § 6, 437
§8.)
Sect. 4 revised, 1935, 50 § 3, 437 § 3. (See 1935, 50 § 6, 437 § 8.)
Sect. 9 amended, 1932, 221 § 2.
Sect. 11 amended, 1934, 328 § 28.

Sect. 43 revised, 1935, 50 § 4, 437 § 4. (See 1935, 50 § 6, 437 § 8.)
Sect. 44 revised, 1935, 50 § 5, 437 § 5. (See 1935, 50 § 6, 437 § 8.)
Sect. 45 revised, 1935, 437 § 6. (See 1935, 437 § 8.)

Chapter 280. — Fines and Forfeitures.

Sect. 2, last sentence stricken out, 1934, 364 § 2; sentence added
at end, 1935, 303 § 1. (See 1934, 364 § 3; 1935, 303 § 2.)

ISift (Bammotmtnitl} nf MaHHarljuaptta

Office of the Secretary, Boston, October 1, 1936.

I certify that the acts and resolves contained in this volume are true
copies of the originals on file in this department.

I further certify that the table of changes in general laws has been
prepared, and is printed as an appendix to this edition of the laws, by
direction of the Joint Committee on Rules of the General Court, in
accordance with the provisions of General Laws, Tercentenary Edition,
chapter 3, section 51.

FREDERIC W. COOK,
Secretary of the Commonwealth.

INDEX.

A Item or

■^' Chap. Section.

Abatement, taxes, of (see Taxation).

Aberjona river, valley of, additional sewers in, construction, etc. . 352

,. ^ .. . .. /304 204

Absent voting, appropnations . . . . . . . < ^^2 204

mariners and persons engaged in business of fishing, certain, by,
at biennial state elections and at regular city elections in
certain cities ........ 404 1-9

Acceptance of statutes (see Statutes).

Accidents, industrial, department of (see Industrial accidents,
department of),
prevention of, in industry (see Labor, health and safety of

workers),
workmen, to, compensation for (see Workmen's compensation).
Accountants, public, registration of, appropriations . . 304 427, 428

town, notification by, of receipts of preceding year to assessors,

date of . . . . . . . . .62

Accounts, cities and towns, of (see Municipal finance).

, . , , -c , ... /304 696-700

claims and, unclassified, appropriations . . . . . < ^^2 700" Page 583

counties, of (see County finance).

director and division of (see Corporations and taxation, depart-
ment of),
public (see County finance; Municipal finance; State finance).
"Action salej", so called, included within meaning of terms "auc-
tion " and " public auction " ..... 209 1

ACTIONS, CIVIL:

third parties, bringing in, of, and avoiding circuity of action
in, investigation by judicial council relative to providing
for ........ Resolve 8

See also Appeals; Equity; Evidence; Practice in civil actions;
Trustee process.
Acts and resolves, blue book edition of, appropriation . . . 304 197

number passed by general court ...... Page 639

pamphlet edition of, appropriation ..... 304 197

vetoed, etc., by governor ....... Pages 639, 640

See also Laws; Statutes.
Adjutant general (see Militia).
Administration, estates of deceased persons, of (see Estates of

deceased persons).
ADMINISTRATION AND FINANCE, COMMISSION ON:

, . ,. /304 146-149

in general, appropriations . . . . . . . < ^32 147

budget commissioner, fisheries and game, division of, adminis-
trative functions and financial needs of, etc., special
commission to make a survey and study relative to, to be
a member of ..... . Resolve 46

chairman, obsolete, duplicate or worthless records, etc., of com-
monwealth, disposition of, powers and duties as to . . 359
comptroller. Grand Army of the Republic, Department of
Massachusetts, certain payments to, by commonwealth,
vouchers to ..... . Resolve 24

old age assistance, so called, state reimbursement of cities and

towns for, accounts as to, certification by . . .

prisoners, former, unclaimed money and property of certain,

claims as to, powers and duties as to .
state infirmary, patients' funds at, claims as to certain, powers
and duties as to .......

state tax, apportionment and assessment of, duties as to
comptroller's bureau, Richardson, Harriet L., employed as prin-
cipal clerk in, restoration of, to certain benefits of state
retirement system .......

Administrative committee, district courts, of, appropriation

probation officers, appointment and removal of certain, ap-
proval by 360

probate courts, of, appropriation ...... 304 62

436 1, Subs. 8

383

295

440 1

288

304 55

710

Index.

Ghap.

Administrators (see Executors and administrators).
(Advertising, Massachusetts, of, appropriation ....
Agawam, town of (see Cities and towns).
Aged persons, adequate assistance to (see Old age assistance, so

called).
Agricultural and other co-operative corporations, incorpora-
ration and conduct of, investigation relative to Resolve
Agricultural fairs (see Fairs).
AGRICULTURE, DEPARTMENT OP:

in general, apples, Massachusetts, increasing sale and consump-
tion of, investigation relative to, by . . Resolve
appropriation ........

appropriations .........

commissioner, agricultural and other co-operative corpora-
tions, incorporation and conduct of, special commission
to investigate relative to, to be a member of, etc. Resolve

divisions, etc., of:

dairying and animal husbandry, appropriations

livestock disease control, appropriations ....

markets, appropriations .......

milk control board (see Milk control board).

plant pest control, appropriations .....

reclamation, soil survey and fairs, appropriations

Ahearn, Edmund V., allowance of credit to, by city of Boston in
connection with certain liquor licenses issued to him by
said city . . . . . . _ . . _ .

Aid, state and military (see State aid, military aid and soldiers'
relief),
state, and pensions, commissioner of (see State aid and pensions,

commissioner of).
See also Mothers with dependent children, aid to; Old age as-
sistance, so called.
Aid and relief, division of (see Public welfare, department of).
Aircraft (see Airport, public).

Airport, public, property held by a city or town in another city or
town for purposes of, certain payments in lieu of taxes on
Alcohol, in general, delivery to or for use of minors in certain cases,
penalty . . _ . . . . . .

sale, delivery, transportation, etc., by aliens, prohibited
taxation of sales of certain, in certain instances
methyl, paint remover or varnish remover containing, etc.,
manufacturing, dealing in, etc., without license, author-
ized ..........

ALCOHOLIC BEVERAGES:

manufacture, transportation, storage, sale, importation
and exportation of:
adulteration of, so as to change composition or alcoholic con-
tent, prohibited . . . . . . .

aliens, sale, delivery, transportation, etc., by, prohibited
arrest for illegal manufacture, sale, storage, etc., of
bars or counters, not to be served to or drunk by patrons, etc.,
at, on Sundays . . ...

clubs, licenses for certain, outside special quota for club
licenses .........

number of licenses for . . . . . .

See also, infra, sales, retail, to be drunk on premises,
cocktails, etc., preparation on certain licensed premises not
prohibited by certain provisions of law prohibiting dilu-
tion, etc. .........

convictions of holders of licenses, permits or certificates of
fitness, court to send notice of, to authorities which issued
license, etc. ........

curtains, screens or other obstructions in windows or doors of
licensed restaurants, removal, etc. ....

304

19
432

[304

432 (
[437

Item or
Section.

206a

24.5a
232-262

233-255;

Page 583
244, 249

/304

238-241

\432

238, 240

/304

250-256

1 432 255;

Page 583

304

244. 245

■^432

244, 245

[437

244

304

242, 243

/304
1432

246-248

246, 247

335

1. 2

1-3

171

368

411

1,2

368
368
368

368

199
199

368

368
368

10
11

12
1

hap.

Item or
Section.

171

368

368
368
368
368
368

10
12
13
9
13

368
436
438
436

438

8
3

225

1.2

225

1,2

Index. 711

ALCOHOLIC BEVERAGES — Continued.

manufacture, transportation, storage, sale, importation
and exportation of — Continued.
delivery, minors, to or for use of, in certain cases, penalty

storage permits, certain, under .

dilution of, so as to change composition or alcoholic content,
prohibited . . . .

druggists, aliens prohibited from selling, etc., on premises of
licensed .........

convictions of, court to send notice of, to board, etc.

entry of premises of, by licensing authorities, etc.

transfer of licenses in certain cases .....

entry of premises of Hcensees, etc. . .

excise payable to commonwealth for privilege of manufactur-
ing and selling or importing and selling, collection of

use of proceeds of .

fees, alcoholic beverages control commission, received by,

use of . . . .

holidays, legal, sales on certain, and preceding evenings, by
package stores, so called, hours for ....
hotels (see, infra, sales, retail, to be drunk on premises),
hours for sales by package stores, so called, on certain legal
holidays and preceding evenings .....
importers (see, infra, wholesalers and importers),
licenses and permits:

in general, fees for (see, supra, fees).

druggists, transfer of licenses in certain cases . . . 368 9

manufacturers, granting or renewal not prevented by vote

in a city or town on question of granting of licenses for

sale of alcoholic beverages therein .... 368 5

sales, retail, not to be drunk on premises, druggists, aliens

prohibited from selling, etc., on premises covered

by . .368 10

convictions of, court to send notice of, to board,

etc. . .

transfer of licenses in certain cases
number, Boston, in ..... .

quota not to be decreased because of loss in popu-
lation of less than one thousand inhabitants
question, additional, relative to granting of, sub-
mission to voters ......

to be drunk on premises, clubs, licenses for certain,
outside special quota for club licenses
number, club licenses, of .... .

quota not to be decreased because of loss in popu-
lation of less than one thousand inhabitants
small towns, in .
taverns, common victuallers' laws not to be con-
strued to permit or require admission of women
as patrons in . . . . . . . 368 14

storage, granting of, not prevented by vote in a city or town
on question of granting of licenses for sale of alcoholic
beverages therein .......

manufacture, illegal, arrests, seizures, etc. ....

manufacturers, licenses of, granting thereof not prevented by
vote in a city or town on question of granting of licenses
for sale of alcoholic beverages therein ....

storage permits of, granting of, not prevented by vote in a
city or town on question of granting of licenses for sale
of alcoholic beverages therein .....

transportation and delivery under ....

minors, delivery to or for use of, in certain cases, penalty

mixed drinks, preparation on certain licensed premises, not

prohibited by certain provisions prohibiting dilution, etc.

motor vehicles, operation of, while under influence of, criminal

proceedings, penalties, etc. ......

number of certain licenses that may be issued

package stores in Boston, for ......

quota not to be decreased because of loss in population of
less than one thousand inhabitants ....

small towns, in ....... .

368
368
245

12
9

368

207

1.2

199
199

368
136

368
368

7
11

368

368
368
171

7
6

368

434
199

245

1,2

368
136

712

Index.

ALCOHOLIC BEVERAGES — Concluded.

manufacture, transportation, storage, sale, importation
and exportation of — Concluded.
package stores, so called, number of licenses for, in city of
Boston .........

sales by, on certain legal holidays and preceding evenings,
hours for . . . . . _ • . _ .

submission to voters of additional question relative to sale
of alcohoUc beverages in ..... .

See also, supra, licenses and permits, sales, retail, not to be
drunk on premises,
patrons of certain licensed establishments, delivery, etc., by,
of alcohol or alcoholic beverages to or for use of minors,
penalty . . . _ •

pharmacists (see, supra, druggists).

restaurants, screens, curtains or other obstructions in windows
or doors of, removal, etc. . . . . _ .

See also, infra, sales, retail, to be drunk on premises,
sales, in general, aliens, by, prohibited ....

retail, in general, voting at current town meetings in certain
towns on questions of granting licenses in said towns

not to be drunk on premises, druggists, by (see, supra,
druggists),
legal holidays, certain, and preceding evenings, on,
hours for ........

to be drunk on premises, bars or counters, not to be served
to or drunk by patrons, etc., at, on Sundays .
cocktails and other mixed drinks, preparation on prem-
ises licensed for, not prohibited by certain provisions
of law prohibiting dilution, etc. ....

wholesale (see, infra, wholesalers and importers).
See also, supra, licenses and permits, sales,
search and seizure . _ .
storage, illegal, arrests, seizures, etc. . . ...

permits for, granting of, not prevented by vote in a city or
town on question of granting of licenses for sale of alco-
holic beverages therein ......

Sundays, serving or drinking at bars or counters on, pro-
hibited .........

taverns, laws as to common victuallers not to be construed to
permit or require admission of women as patrons in
See also, supra, sales, retail, to be drunk on premises,
towns, small, number of licenses in, for sale of, to be consumed

on premises . . _ ._

transportation, aliens, by, prohibited .....

storage permits, certain, under . . _. . _ .

voters, submission to, of additional question relative to sale in

package stores, so called, of .
warehouse receipts for, dealing in, regulated . .

wholesalers and importers, storage permits of, granting of, not
prevented by vote on question of granting of licenses
for sale of alcoholic beverages therein
transportation and delivery under ....

women, admission of, as patrons in taverns, laws as to common
victuallers not to be construed to permit or require
See also Intoxicating liquors.
ALCOHOLIC BEVERAGES CONTROL COMMISSION:

appropriations .........

fees received by, use of .......

investigators of, arrests and seizures by .

powers and duties ........

See also Alcoholic beverages.
ALDERMEN :

retirement boards in cities, members of, confirmation by .

See also City councils.
Alewife brook, Cambridge, Somerville and Arlington, in, improve-
ment of, investigation relative to . . . Resolve
appropriation ....... t

Chap

245
225

207

171

368

304

/436

\ 438

368

Item or

Section.

1.2
1.2

368

1-4

225

1.2

368

368
368

11
11

368

136

368
368

10
6

207
316

1.2

368
368

7
6

166. 166a
3

11
13

318 1, Subs. 31F

26
432 709f , Paee 584

Index.

713

Aliens, alcoholic beverages or alcohol, sale, delivery, transportation,
etc., by, prohibited .......

Allowances, minor children, to, out of estate of their deceased
mother, probate courts authorized to make certain

Americanization, immigration and, division of (see Education,
department of).

American Osteopathic Association, osteopathic schools recog-
nized by, to have same standing, etc., as medical schools
recognized by American Medical Association, with re-
spect to eligibility requirements for applicants for regis-
tration as physicians .......

Amesbury, town of (see Cities and towns).

Amherst, town of (see Cities and towns).

Amusements, Ferris wheels, carousels and certain other, licenses
for operation of . . . . . . .

innholders, common victuallers, etc., conducting certain, etc.
licenses for, in small towns, no longer subject to approval
of commissioner of public safety . . . _ .

public, Boston, in, licenses for, revocation and suspension of
tickets to places of, sale and resale of .

Ancient and Honorable Artillery Company, jury service exemp-
tion restored to members of ....

Andover, town of (see Cities and towns).

Animal husbandry, dairying and, division of (see Agriculture
department of).

Animals, inspection of, reimbur.sement of certain towns for, appro-
priation . . . . . . . .

See also Game and inland fisheries; and under specific titles of
animals.

Annuities, dependents of certain state and metropolitan district
employees killed or dying from injuries received or hazards
undergone in performance of duty, payment to

soldiers and others, of, appropriations .....

See also Insurance; Retirement systems and pensions.
Annuity associations, insurance company employees, for benefit of,

relative to .
Apiaries, inspection of, appropriation ......

APPEAL, BOARDS OF:

fire insurance rates, on, appropriations .....
mothers with dependent children, aid to, in matters relating to

motor vehicle liability policies and bonds, on, appropriations

municipal planning, improved method of, under, establishment
etc. .........

old age assistance, so called, in matters relating to .

tax appeals, airport, public, property held by a municipality in
another municipality for purposes of, certain payments
in lieu of taxes on, appeals as to, to . . .

appropriations ........

Appeals, superior court, to, municipal planning, as to .

physicians, registration as, eligibility requirements for appli
cants for, decisions of certain approving authority in con
nection with, from ......

Appellate divisions, district courts, of, presiding justices of, powers

of, as to belated decisions by justices of district courts

Apples, Massachusetts, increasing sale and consumption of, inves

tigation by department of agriculture relative to Resolve

appropriation ........

Appropriations, cities and towns, by (see Municipal finance).
counties, for maintenance of certain, etc.

state departments, boards, commissions, institutions, etc., for
maintenance of, etc. .......

See also specific titles of departments, boards, commissions, in-
stitutions, etc.; State finance.

Chap.

Item or

Section.

368

214

247

169

71
340
279

304

326
304

432^

61
304

/304
\432
413
f304
•I 432
[437

211
436

1-3

1.2

257

702
702; 702,
Page 585

237

311
311
1, Subs. 8
309
309
309

4, Subs.

81H-81J

Subs. 1, 3

59
/304
\432
211 4,

247

206

19
432

350

■ 144
174
186
304
432
437

218, 219

218

Subs. 81J

1,2
1,2

245a

1,2
1.2
1.2
1,2
1-9
1-3
1-3

714 Index.

Item or
Chap. Section.

Arbitration, conciliation and, board of (see Labor and industries,

department of).

Archers pond, Wrentham, town of, in, control of ... 37 1-5

Archives, Massachusetts, reproduction of manuscript collection,

appropriation ........ 304 192

A. R. Doyle, Inc., payment of sum of money to, by city of Boston

for labor and materials ...... 324 1, 2

Arlington, town of (see Cities and towns).

f 304 138, 139

Armories, appropriations . \ 432 138

[437 138

superintendent of, appropriation ...... 304 134

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

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

See other formats