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

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 

OF 

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. 

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 



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 



16 



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 



24 



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 



34 



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. 

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 elec- 
tion by the remaining town meeting members of the pre- 
cinct from among the registered voters thereof. Notice of 
any vacancy shall promptly be given by the town clerk to 
the remaining members from the precinct in which the 
vacancy or vacancies exist and the town clerk shall call a 
special meeting of such members for the purpose of filling 
any vacancy, and shall cause to be mailed to every such 
member not less than seven days before the time set for the 
meeting, a notice specifying the object, time and place of 
the meeting. At the said meeting a majority of the mem- 
bers 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 written ballot 



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, 



50 



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. 

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 



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. 



86 



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, 



90 



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 



92 



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. 



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: 

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; 

(c) bonds and other direct obhgations of the United States; 

(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 to wn) 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 to wn) 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. 

(c) Liberty of Sale. 

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 

(c) A description of the kind or kinds of goods covered 
or to be covered by such financing. 

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. 

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 sj^stem of water supply under this act if, in the judg- 
ment of the board of water commissioners hereinafter pro- 
vided for, after a hearing, such estate is so situated that it can 



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. 

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- 



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 


t 

$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