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

ACTS 



RESOLVES 



PASSED BY THE 



^fitcral djflurt uf ^afisadmsctts 



IN THE YEAR 



1938 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 



BOSTON 

WRIGHT & POTTER PRINTING COMPANY 

1938 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 
1938 



The General Court, which was chosen November 3, 1936, assembled on 
Wednesday, the fifth day of January, 1938, for its second annual session. 

His Excellency Charles F. Hurley and His Honor Francis E. Kelly con- 
tinued to serve as Governor and Lieutenant Governor, respectively, for the 
political year of 1938. 



ACTS. 



An Act authorizing the question of the fixing of the f /,/,,, i 

TERM of office OF THE SELECTMEN OF THE TOWN OF ^'^^t^' 
NATICK TO BE PLACED UPON THE OFFICIAL BALLOT TO BE 
USED AT ITS CURRENT ANNUAL TOWN MEETING. 

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. There shall be submitted to the registered 
voters of the town of Natick at the annual town meeting in 
the current year the following question, which shall be placed 
upon the official ballot to be used in the several precincts for 
the election of town officers at said meeting: — "Shall this 
town elect at its annual town meeting in the year 
nineteen hundred and thirty-nine one select- 
man for one year, one for two 3'ears and one for 
three years, and at each annual town meeting 
thereafter one for three years?" If a majority 
of the votes in answer to said question is in the affirmative, 
said town shall elect at its annual town meeting in the 
year nineteen hundred and thirty-nine one selectman for 
one j^ear, one for two 3^ears and one for three years, and 
at each annual town meeting thereafter one for three years; 
provided, that, notwithstanding the provisions of this act, 
said town may from time to time change the number of its 
selectmen or the length of their terms of office in any manner 
provided in chapter forty-one of the General Laws. 

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

Approved January 25, 1938. 



YE.S. 




NO. 





An Act to establish in the town of natick representa- 
tive TOWN GOVERNMENT BY LIMITED TOWN MEETINGS. 

Be it enacted, etc., as folloivs: 

Section 1. There is hereby established in the town of 
Natick 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 Natick as hereinafter provided, the selectmen shall forth- 
with divide the territory thereof into voting precincts, each 
of which shall be plainly designated and shall contain not 
less than four hundred registered voters. The precincts shall 
be so established as to consist of compact and contiguous 
territory to be bounded, as far as possible, by the center line 



Chap. 



Acts, 1938. — Chap. 2. 

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 December, once in 
five years, or in December of any year when so directed by a 
vote of a representative town meeting held not later than 
November twentieth of that year. The foregoing provisions 
of this section shall not authorize any action contrary to the 
provisions of section nine A of chapter fifty-four of the 
General Laws. 

The selectmen shall, within ten days after any establish- 
ment or revision of the precincts, file a report of their doings 
with the town clerk, the registrars of voters and the assessors, 
with a map or maps or description of the precincts and the 
names and residences of the registered voters therein. The 
selectmen shall also cause to be posted in the town hall a 
map or maps or description of the precincts as established or 
revised from time to time, with the names and residences of 
the registered voters therein; and they shall also cause to 
be posted in at least one public place in each precinct a map 
or description of that precinct, with the names and resi- 
dences of the registered voters therein. The division of the 
town into voting precincts and any revision of such precincts 
shall take effect upon the date of the filing of the report 
thereof by the selectmen with the town clerk. Whenever 
the precincts are established or revised, the town clerk shall 
forthwith give written notice thereof to the state secretary, 
stating the number and designation of the precincts. 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, so far as the same are not incon- 
sistent 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 pre- 
cinct consist of the largest number divisible by three which 
will admit of a representation thereof in the approximate 
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 elected 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 



Acts, 1938. ~ Chap. 2. 

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 afore- 
said, the members elected from the precinct shall by ballot 
determine the same; and thereafter, except as is otherwise 
provided herein, at each annual town election the registered 
voters of each precinct shall, in hke manner, elect, for the 
term of three years, one third of the number of elected town 
meeting members to which such precinct is entitled, and shall 
at such election fill for the unexpired term or terms any 
vacancy or vacancies then existing in the number of elected 
town meeting members in such precinct. 

The terms of office of all elected town meeting members 
from every 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 members at 
large as may be provided for by the by-laws of the town, and 
authority to adopt such by-laws is hereby conferred. 

The town clerk shall notify the town meeting members of 
the time and place at which representative town meetings 
are to be held, the notices to be sent by mail at least seven 
days before the meeting. The town meeting members, as 
aforesaid, shall be the judges of the election and qualifica- 
tions of their members. A majority of the town meeting 
members shall constitute a quorum for doing business; but 
a less number may organize temporarily and may adjourn 
from time to time, but no town meeting shall adjourn over 
the date of an election of town meeting members. All town 
meetings shall be public. The town meeting 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 resigna- 
tion with the town clerk, and such resignation shall take effect 
on the date of such filing. A town meeting member who re- 
moves from the town shall cease to be a town meeting mem- 
ber, 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. 



Acts, 1938. — Chap. 2. 

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 nomination papers shall be 
valid in respect to any candidate whose written acceptance 
is not thereon or attached thereto when filed. 

Section 6. The articles in the warrant for every town 
meeting, so far as they relate to the election of the 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 pre- 
cincts. All other articles in the warrant for any town meet- 
ing 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 bj'- 
section nine. 

Section 7. A moderator shall be elected bj'- 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 pur- 
pose. 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 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 ballot, and a* ma- 
jority 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 



Acts, 1938. — Chap. 2. 

town clerk, together with a written acceptance by the mem- 
ber 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 
office of town officers, where such term is optional, or increas- 
ing or reducing the number of members of a board, or adopt- 
ing a new by-law, or amending or annulling an existing by- 
law, shall not be operative until after the expiration of five 
days, exclusive of Sundays and holidays, from the dissolu- 
tion of the meeting. If, within said five days, a petition, 
signed by not less than three per cent of the registered voters 
of the town, containing their names and addresses as they 
appear on the list of registered voters^ is filed with the select- 
men asking that the question or questions involved in such a 
vote be submitted to the registered voters of the town at 
large, then the selectmen, after the expiration of five days, 
shall forthwith call a special meeting for the sole purpose of 
presenting to the registered voters at large the question or 
questions so involved. All votes upon any questions so sub- 
mitted shall be taken in the several precinct meetings by 
ballot, and the check list shall be used in the same manner 
as in the election of town officers. The questions so submitted 
shall be determined by a majority vote of the registered voters 
of the town voting thereon, but no action of the representa- 
tive town meeting shall be reversed unless at least twenty 
per cent of the registered voters shall so vote. Each question 
so submitted shall be in the form of the following question, 
which shall be placed upon the official ballot: — "Shall the 
town vote to approve the action of the representative town 
meeting whereby it was voted (brief description of the sub- 
stance of the vote)?" If such petition is not filed within said 
period of five days, the vote of the representative town meet- 
ing shall become operative and effective upon the expiration 
of said period. 

Section 10. The town, after the acceptance of this act, 
shall have the capacity to act through and to be bound by its 
town meeting members, who shall, when convened from time 
to time as herein provided, constitute representative town 
meetings; and the representative town meetings shall 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 
meeting, shall, when taken by any representative town meet- 
ing in accordance with the provisions of this act, have the 
same force and effect as if such action had been taken in a 



8 Acts, 1938. — Chap. 3. 

town meeting open to all the voters of the town as organized 
and conducted before the establishment in said town of repre- 
sentative town meeting government. 

Section 11. This act shall not abridge the right of the 
inhabitants of Natick 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 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 Natick for acceptance at an annual or 
special town meeting. The vote shall be taken by ballot in 
precincts in accordance with the provisions of the General 
Laws, so far as the same shall be applicable, in answer to the 
question which shall be placed, in case of an annual meeting, 
upon the official ballot to be used for the election of town 
officers, or, in case of a special meeting, upon the ballot to be 
used at said meeting: "Shall an act passed by the general 
court in the year nineteen hundred and thirty-eight, en- 
titled ' An Act to establish in the town of Natick representa- 
tive town government by limited town meetings', be ac- 
cepted 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 next annual town election 
in said town, and shall take full effect beginning with said 
election. 

Section 13. If this act is rejected by the registered voters 
of the town of Natick when first submitted to said voters 
under section twelve, it may again be submitted for accept- 
ance in like manner from time to time to such voters at any 
annual or special town meeting within five years thereafter, 
but not more than five times in the aggregate, and, if ac- 
cepted 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 January 25, 1938. 

Chap. 3 An Act authorizing the town of cummington to vote 

AT its current ANNUAL TOWN MEETING ON THE QUES- 
TION OF GRANTING LICENSES FOR THE RETAIL SALE IN 
SAID TOWN OF WINES AND MALT BEVERAGES. 

Be it enacted, etc., as follows: 

Section 1. The town clerk of the town of Cummington 
shall place upon the official ballot to be used for the election 
of town officers at its annual town meeting in the current 
year the second question set forth in section eleven of chap- 
ter one hundred and thirty-eight of the General Laws, as 
amended by section one of chapter two hundred and seven 



Acts, 1938. — Chap. 4. 

of the acts of nineteen hundred and thirty-six. The select- 
men of said town are hereby authorized and directed to warn 
the inhabitants thereof relative to the aforesaid question by 
including an article in the regular warrant for such meeting, 
or by serving as early as possible before such meeting a sup- 
plementary warrant containing said article. If a majority 
of the votes cast in said town in answer to said question is 
in the affirmative, such town shall be taken to have author- 
ized for the remainder of the calendar year nineteen hundred 
and thirty-eight 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 said chapter one 
hundred and thirty-eight. The provisions of the General 
Laws relative to the ascertainment of the result of the voting 
at state elections on questions set forth in section eleven 
of said chapter one hundred and thirty-eight and returns 
thereof shall, so far as practicable, apply to the vote taken 
hereunder. 

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

Approved January 26, 1938. 

An Act establishing a soldiers' memorial commission 

IN the town of SHREWSBURY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of establishing and maintain- 
ing a memorial in the town of Shrewsbury to the men and 
women who served in the army, navy or marine corps of the 
United States during the World War, there shall be in said 
town an unpaid commission to be known as the Soldiers' 
Memorial Commission of the Town of Shrewsbury, herein- 
after called the commission, to consist of the selectmen and 
town treasurer, ex officiis, and five other members, four of 
whom, as long as available, shall be men resident in said 
town who were honorably discharged or released from active 
World War service in the United States army, navy or marine 
corps, who shall be appointed in the manner and for the 
terms hereinafter provided. 

For the said purpose the commission shall have pawer and 
authority to receive and hold gifts of property, real or per- 
sonal, from any and all sources, to purchase real estate in 
said town and to contract for the erection, care, maintenance 
and supervision of any building or buildings, monument or 
monuments, or other structure or structures, to be used as 
such a memorial or memorials. Upon the organization of the 
commission and the furnishing by the town treasurer of the 
bond required under section three, the said treasurer shall 
transfer to the account of the commission all moneys received 
by said town from the commonwealth under the provisions 
of chapter four hundred and eighty of the acts of nineteen 
hundred and twenty-four and interest accumulated thereon 
to the date of said transfer, and said moneys shall thereupon 
be available for the purposes of this act. 



Chap. 



10 Acts, 1938. — Chap. 5. 

Section 2. The selectmen of said town shall appoint, not 
later than September first of the year in which this act is 
accepted, two members to serve until the expiration of one 
year, two members to serve until the expiration of two years, 
and one member to serve until the expiration of three years, 
from the first Monday in September in such year, and there- 
after, as the terms of such members expire, successors shall 
be appointed in like manner for terms of three years each. 
Vacancies shall be filled in like manner for unexpired terms. 
Appointed members shall in all cases hold office until their 
successors are qualified. The members of the commission 
as at first constituted shall meet and organize within thirty 
days after all of its members have been duly qualified. 

Section 3. The town treasurer shall be the custodian of 
all funds received by the commission and shall, as directed 
by the commission, invest and reinvest such funds. He shall 
furnish a bond satisfactory to the commission for the faithful 
performance of his duties. The commission shall keep a 
record of its doings, and shall annually make a report to the 
town showing the total amount of its assets and their invest- 
ments and its receipts and disbursements during the year 
preceding, setting forth in detail the sources of such receipts 
and the purposes of the expenditures. Said report shall be 
incorporated in the annual report of said town. 

Section 4. This act shall take full effect upon its ac- 
ceptance by vote of the voters of said town at an annual town 
meeting held within three years from the date of the passage 
of this act. Approved January 27, 1938. 

Chap. 5 An Act enabling the town of milton to sell and 
convey a portion of a public playground in east 

MILTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may sell at public auc- 
tion or private sale, and convey, the whole or any part of 
two parcels of real estate situated in said town, which have 
been held for playground purposes and are no longer needed 
for public use, and shall use the proceeds of such sale for 
the purposes stated in section sixty-three of chapter forty- 
four of the General Laws. Said parcels are bounded and 
described as f ollow^s : — 

First Parcel : Beginning at a point located by a stone bound 
at the intersection of the westerly side line of land of the Old 
Colony Railroad Company leased to the New York, New 
Haven and Hartford Railroad Company and the easterly 
boundary line of land of the town of Milton known as the 
East Milton playground, thence from said point of beginning 
running in a southerly direction along said land of the town 
of Milton, two hundred seventy-two and fifty-eight one 
hundredths feet to a point on the northerly side line of St. 
Agatha road, said point being distant westerly sixty-five 
and seventy-five one hundredths feet from a stone bound on 



Acts, 1938. — Chap. 5. 11 

said side line of St. Agatha road set at the point of curve 
forming the junction of the said northerly side line of St. 
Agatha road and the westerly side line of Nash street; thence 
turning at an angle of ninety-two degrees forty-one minutes 
forty seconds and running westerly along the northerly side 
line of St. Agatha road extended, a distance of eight and one 
one hundredth feet to a point; thence turning at an angle of 
eighty-seven degrees eighteen minutes twenty seconds and 
running northerly through land of the town of Milton two 
hundred seventy-nine and forty-two one hundreths feet 
to a point on said westerly side line of land of the Old Colony 
Railroad Company; thence turning at an angle of fifty-one 
degrees four minutes and forty seconds and running south- 
erly along said westerly side line of land of the Old Colony 
Railroad Company a distance of ten and twenty-eight one 
hundredths feet to the point of beginning; containing twenty- 
two hundred and eight square feet more or less. 

Second Parcel : Beginning at a point located at the junction 
of the southerly side line of St. Agatha road and the east- 
erly boundary of land of the town of Milton known as the 
East Milton playground, thence running southerly along said 
boundary line of land of the town of Milton, one hundred and 
ninety-two and six one hundredths feet to land of the Roman 
CathoHc Archbishop of Boston; thence turning at an angle 
of eighty-nine degrees thirty-six minutes ten seconds and 
running westerly along said land of the Roman Catholic 
Archbishop of Boston a distance of eight feet to a point; 
thence turning at an angle of ninety degrees twenty-three 
minutes fifty seconds and running northerly tlirough said 
land of the town of Milton one hundred ninety-one and 
sixty-five one hundredths feet to a point on the southerly 
side line of St. Agatha road extended; thence turning at an 
angle of ninety-two degrees thirty-one minutes fifty seconds 
and running easterly eight and one one hundredth feet along 
said southerly side line to the point of beginning; containing 
fifteen hundred and thirty-five square feet more or less.^ The 
above described parcels are shown on a plan entitled, Mil- 
ton Park Department — Plan Showing a Part of the East 
Milton Playground Proposed to be Transferred to Private 
Ownership", dated December seventh, nineteen hundred and 
thirty-seven, by Forrest J. Maynard, town engineer. 

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

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

Approved January 27, 1938. 



12 Acts, 1938. — Chaps. 6, 7. 



Chap. 6 An Act providing that the chairman of the board of 

SEWER COMMISSIONERS OF THE TOWN OF MILFORD SHALL 
BE A TOWN MEETING MEMBER AT LARGE IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter two hundred and 
seventy-one of the acts of nineteen hundred and thirty-three 
is hereby amended by inserting after the word "welfare" in 
the fifteenth Hne the words : — , the chairman of the board 
of sewer commissioners, — so that the first sentence will 
read as follows : — Any representative town meeting held 
under the provisions of this act, except as otherwise provided 
herein, shall be limited to the voters elected under section 
two, together with the following, designated as town meet- 
ing members at large; namely, any member of the general 
court of the commonweaUh from the town, the moderator, 
the town clerk, the selectmen, the town treasurer, the town 
counsel, the highway surveyor, the chairman of the trustees 
of the public library, the chairman of the finance committee, 
the chairman of the school committee, the chairman of the 
board of assessors, the chairman of the board of health, the 
chairman of the park commission, the chairman of the board 
of town cemeteries, the chairman of the registrars of voters, 
the tax collector, the chairman of the board of public wel- 
fare, the chairman of the board of sewer commissioners and 
the town accountant. 

Section 2. Section one of this act shall be submitted for 
acceptance to the town meeting members of the town of 
Milford at the next annual town meeting under an article 
which the selectmen of said town are hereby directed to 
insert in the warrant for such meeting, and shall take full 
effect upon its acceptance by a majority of the town meeting 
members voting thereon. 

Section 3. Chapter thirty-five of the acts of nineteen 
hundred and thirty-seven is hereby repealed. 

Approved January 27, 1938. 

Chap. 7 An Act authorizing the board of public welfare of 

WEYMOUTH TO APPOINT A WELFARE AGENT, AND ESTAB- 
LISHING THE POWERS AND DUTIES OF SAID AGENT. 

Be it enacted, etc., as follows: 

Section 1. The board of public welfare of the town of 
Weymouth, or the board of selectmen of said town acting as 
such board of public welfare under a vote of said town as 
authorized by law, may appoint an agent to be known as the 
welfare agent, who shall, except as hereinafter provided, be 
appointed in the month of December to serve, unless sooner 
removed for cause by said board, for a term of three years 
from January first next following such appointment, and 
until the qualification of his successor. Any vacancy in the 
ofl&ce of such agent, whether caused by such a removal or 



Acts, 1938. — Chaps. 8, 9. 13 

otherwise, shall be filled by appointment by said board of a 
person to serve, unless sooner removed as aforesaid, for the 
unexpired term. Said agent shall be the executive agent of 
the board in all matters of public relief in said town. 

Section 2. The welfare agent first appointed under this 
act shall be appointed prior to April first in the current year, 
and his term of office shall expire on December thirty-first, 
nineteen hundred and forty. 

Section 3. This act shall be submitted for acceptance 
to the town of Weymouth at the annual town meeting to be 
held in the current year under an article which the selectmen 
of said town are hereby directed to insert in the warrant for 
such meeting, and shall take full effect in said town upon 
its acceptance by a majority of the town meeting members 
voting thereon; subject, however, to section eight of chap- 
ter sixty-one of the acts of nineteen hundred and twenty-one. 

Approved January 27, 1938. 

An Act to authorize the placing of the office of QJiar), 8 

CHIEF OF POLICE OF THE TOWN OF DRACUT UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The oflSce of chief of police of the town of 
Dracut shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but 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-eight, 
entitled 'An Act to authorize the placing of the Office of 
Chief of Police of the Town of Dracut under the Civil Serv- 
ice Laws', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall thereupon take effect, but not otherwise. 

Approved January 31, 1938. 

An Act authorizing the town of wellfleet to borrow Qhn'n g 
money for school building purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing one or more buildings for school purposes, and 
of originally equipping and furnishing said building or build- 
ings, the town of Wellfleet may borrow from time to time, 



14 Acts, 1938. — Chap. 10. 

within a period of five years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, twenty thousand dollars, and may issue bonds or notes 
of the town therefor, which shall bear on their face the 
words, Wellfleet Buildings Loan, Act of 1938. Each author- 
ized 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 act shall be in 
excess of the statutory limit, but shall, except as herein 
provided, be subject to chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first para- 
graph of section seven thereof. 

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

Approved January 31, 1938. 

Chap. 10 An Act authorizing the town of west Springfield to 

TAKE WATER FROM ADDITIONAL SOURCES IN SOUTHWICK 
AND WESTFIELD AND TO SUPPLY WATER TO SOUTHWICK. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and six of the acts of 
eighteen hundred and ninety-three is hereby amended by 
striking out section two and inserting in place thereof the 
following: — Section 2. The said town, for the purposes 
aforesaid, may lease, or take by eminent domain under chap- 
ter seventy-nine of the General Laws, or acquire by purchase 
or otherwise, any property within the limits of said town of 
West Springfield, and any propert}^ situated in the city of 
Westfield, or the town of Southwick, within the following 
boundaries, to wit: bounded northerly by Shaker road, so 
called, in the city of Westfield, bounded southerly by the 
road leading from Feeding Hills to Southwick, and known 
as Massachusetts highway route number fifty-seven, and 
bounded easterly and westerly bj^ lines parallel with and 
one thousand five hundred feet distant from the center line 
of Great Powder Mill brook, so called; and may hold the 
waters, or any portion thereof, of any pond, brook, spring 
or stream, or of any ground water sources by means of 
driven or other wells or filter galleries, and the water rights 
and water sources connected therewith; and also may lease 
or take by eminent domain under said chapter seventy- 
nine, or acquire by purchase or otherwise, and hold, all lands, 
rights of way and easements necessary or proper for collect- 
ing and storing such water and protecting and preserving 
the purity thereof, and for convejang such water to any part 
of said town of West Springfield; provided, that no source 
of water supply and no lands necessary for protecting and 
preserving the purity of such water shall be leased, taken by 
eminent domain, or acquired by purchase or otherwise 
without first obtaining the advice and approval of the de- 
partment of public health, and that the location and arrange- 
ment of all dams, reservoirs, pumping and filtration plants, 
wells and filter galleries or other works necessary in carrying 



Acts, 1938. — Chap. 10. 15 

out the provisions of this act shall be subject to the approval 
of said department. Said town of West Springfield may 
construct and maintain on the lands acquired and held 
under the provisions of this act proper dams, wells, reser- 
voirs, pumping and filtration . plants, standpipes, tanks, 
fixtures, buildings and other structures, including also purifi- 
cation and treatment works, the construction and mainte- 
nance of which shall be subject to the approval of said 
department, and may make excavations, procure and oper- 
ate machinery, and provide such other means and appli- 
ances and do such other things as may be necessary or 
proper for the establishment and maintenance of complete 
and effective water works; and may construct, lay and 
maintain aqueducts, conduits, pipes and other works in, 
under, upon or over any lands, water courses, railroads, 
railways, or public or private ways, and along such ways, 
within said town of West Springfield, said city of Westfield 
or said town of Southwick, in such manner as not unneces- 
sarily to obstruct the same; and for the purposes of con- 
structing, laying, maintaining, operating, renewing and 
repairing such aqueducts, conduits, pipes and other works, 
and for all proper purposes of this act, may dig up or raise 
and embank any such lands, and may enter upon and dig 
up any such wa}^ in such manner as to cause the least hin- 
drance to public travel thereon; provided, that all things 
done upon any such way shall be subject to the direction 
of the mayor of the city or the selectmen of the town in 
which any such way lies, and such way shall be restored by 
said town of West Springfield to a condition satisfactory to 
the mayor of the city or the selectmen of the town in which 
it lies. Said town of West Springfield shall hold said city of 
Westfield and said town of Southwick harmless from all 
liability to damages caused by things done under authority 
of this act upon any way in said city of Westfield or said 
town of Southwick. Said town of West Springfield shall 
not enter upon, or construct or lay any aqueducts, conduits, 
pipes or other works within the location of any railroad 
corporation, except at such time and in such manner as it 
may agree upon with such corporation, or, in case of failure 
so to agree, as may be approved by the department of public 
utilities. 

The said town of West Springfield may supply water to 
the said town of Southwick upon such terms and conditions 
as may be agreed upon between said towns, or, in case of 
failure so to agree, upon such terms and conditions as may 
be fixed by the department of public utilities; and said town 
of Southwick is hereby authorized to purchase such water. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the town meeting members of the town of 
West Springfield 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 January 31, 1938. 



16 Acts, 1938. — Chaps. 11, 12, 13. 



Chap. 11 An Act to authorize the placing of the office of chief 

OF POLICE OF THE TOWN OF TYNGSBOROUGH UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Tyngsborough shall, upon the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to police officers in towns, and the tenure of 
office of any incumbent thereof shall be unlimited, subject, 
however, to said laws, but the present incumbent of said 
office may continue to serve as such without taking a civil 
service examination. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the current year 
in the form of the following question which shall be placed 
upon the official ballot to be used for the election of town 
officers at said meeting: — "Shall an act passed by the 
general court in the year nineteen hundred and thirty-eight, 
entitled 'An Act to authorize the placing of the Office of 
Chief of Police of the Town of Tyngsborough under the 
Civil Service Laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take effect, but not otherwise. 

Approved January 31, 1938. 

Chap. 12 An Act authorizing the city of Northampton to appro- 
priate MONEY TO provide FACILITIES FOR THE HOLDING 
IN SAID CITY OF THE STATE CONVENTION OF THE VETERANS 
OF FOREIGN WARS OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. The city of Northampton may appropriate 
a sum not exceeding two thousand dollars for the purpose 
of providing proper facilities for public entertainment at the 
time of the state convention of the Veterans of Foreign Wars 
of the United States, to be held in said city during the current 
year, and of paying the expenses incidental to such enter- 
tainment. Money so appropriated shall be expended under 
the direction and control of the finance committee for the 
city council of said city. 

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

Approved February 3, 1938. 

Chap. 13 An Act authorizing the town of Plymouth to pay cer- 
tain SUMS of money on account of the deaths of 

CERTAIN volunteer FIREMEN KILLED WHILE FIGHTING A 
FOREST FIRE IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the town of Plymouth may pay to the widow of Her- 



Acts, 1938. — Chaps. 14, 15. 17 

bert R. Benton the sum of fourteen hundred dollars, and a 
like sum to the parents of James H. Devitt, said Benton and 
Devitt having been killed while serving as volunteer firemen 
in fighting a forest fire in said town. Each of said sums shall 
be paid in monthly payments, not exceeding two hundred 
and fifty dollars for the first payment and not exceeding fifty 
dollars for each succeeding payment. 

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

Approved February 3, 193S. 

An Act to authorize the placing of the office of chief QJidj) \^ 

OF police of the town of CHELMSFORD UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Chelmsford 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, except that he may be removed in ac- 
cordance with such laws and rules and regulations; provided, 
that the present incumbent of said office may continue to 
serve as such without taking a civil service examination. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the current year in 
the form of the following question which shall be placed upon 
the official ballot to be used for the election of town officers 
at said meeting: — "Shall an act passed by the general 
court in the year nineteen hundred and thirty-eight, entitled 
'An Act to authorize the placing of the office of chief of 
police of the town of Chelmsford under the civil service laws ', 
be accepted? " If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take effect, but not otherwise. 

Approved February 3, 1938. 

An Act extending the time for the acquisition by the Chav 15 

CITY OF BOSTON OF CERTAIN PROPERTY OF THE DEDHAM 
AND HYDE PARK GAS AND ELECTRIC LIGHT COMPANY LO- 
CATED WITHIN SAID CITY AND THE LEASE THEREOF TO THE 
BOSTON CONSOLIDATED GAS COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
ninety-two of the acts of nineteen hundred and thirty-seven 
is hereby amended by striking out, in the fourth and fifth 
lines, the word "thirty-eight" and inserting in place thereof 
the word : — thirty-nine, — so as to read as follows : — Sec- 
tion 1. The city of Boston, hereinafter called the city, act- 
ing through its public works department, and without other 
authority than that contained in this act, may at any time 



18 Acts, 1938. — Chaps. 16, 17. 

before January first, nineteen hundred and tliirtj^-nine, 
purchase or take by eminent domain the physical property 
of the Dedham and Hyde Park Gas and Electric Light Com- 
pany located within said city. 

Section 2. Section nine of said chapter two hundred and 
ninety-two is hereby amended by inserting after the word 
"acceptance" in the first line the words: — during the year 
nineteen hundred and thirty-eight, — so as to read as follows: 
— Section 9. This act shall take effect upon its acceptance 
during the year nineteen hundred and thirty-eight by vote 
of the city council of the city of Boston, approved by the 
mayor, and the filing of a certificate evidencing such accept- 
ance with the state secretary. 

Approved February 7, 1938. 

Chap. 16 An Act relative to pending actions in which sole de- 
fendants HAVE deceased AND THEIR LEGAL REPRESENTA- 
TIVES HAVE NOT BEEN CITED WITHIN THE TIME REQUIRED 
BY LAW. 

Emergency Whereas, The deferred operation of this act would tend 

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

Be it enacted, etc., as follows: 

Relief may be granted as authorized by section one of 
chapter four hundred and six of the acts of nineteen hun- 
dred and thirty-seven in any action which was pending on 
the effective date of said section, if the granting of such relief 
would not be in contravention of the constitution. Nothing 
herein shall be construed as a limitation upon the application 
of said section with respect to actions commenced on or after 
said effective date. Approved February 10, 1938. 

Chap. 17 An Act authorizing the city of malden to borrow 

MONEY FOR HIGH SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing a high school building and originally equipping 
and furnishing said building and remodelling the present 
high school building, the city of Maiden may borrow from 
time to time, within a period of three years from the passage 
of this act, such sums as may be necessary, not exceeding, 
in the aggregate, seven hundred thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words. Maiden High School Loan, Act of 1938. 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 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, 



Acts, 1938. — Chaps. 18, 19. 19 

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 10, 1938. 

An Act regulating certain contributions authorized (Jhnj) i g 

TO BE MADE BY THE COMMISSIONERS ON UNIFORM STATE 
LAWS. 

Be it enacted, etc., as follows: 

Section twenty-eight of chapter six of the General Laws, o. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended Amended ^^' 
by striking out, in the sixth Hne, the word "one" and insert- 
ing in place thereof the word : — two, — so as to read as 
follows : — Section 28. They shall serve without compen- commissioners 
sation, but each commissioner shall be paid by the common- st'LtTiaws™ 
wealth the amount of his actual traveling and other neces- expenses.' 
sary expenses incurred in the discharge of his official duty, 
after an account thereof has been audited by the commis- 
sioners. They shall keep a full account of their expenditures. 
They may contribute each year a sum not exceeding two 
hundred dollars toward the expenses of the conference of 
commissioners on uniform state laws, the same to be paid 
from such appropriation for the expense of the commissioners 
as may be made by the general court. 

Approved February 10, 1938. 

An Act relative to the eligibility requirements for rhnnj 1Q 

THE trustees OF THE NEW ENGLAND CONFERENCE OF ^' 

THE METHODIST EPISCOPAL CHURCH. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and one of the acts 
of nineteen hundred and five is hereby amended by striking 
out, in the thirty-third and thirty-fourth lines, the words 
"All trustees shall be members of said conference, and" 
and inserting in place thereof the words : — Laymen as well as 
members of the conference shall be eligible to hold the office 
of trustee. All trustees, — so as to read as follows: — Sec- 
tion 1. As soon as may be after the passage of this act the 
successors of the trustees who were incorporated by chapter 
eighty-one of the acts of the year eighteen hundred and 
twenty-six as the Trustees of the New England Conference 
of the Methodist Episcopal Church shall divide themselves, 
by lot or otherwise, into three classes, so that the terms of 
office of those in the first class shall expire upon the election 
and qualification of their successors as hereinafter provided, 
the terms of office of those in the second class shall expire 
one year thereafter, and the terms of office of those in the 
third class shall expire two years thereafter. The members 
of the New England conference shall elect by ballot at its 
first annual session after the passage of this act three trus- 



20 Acts, 1938. — Chap. 20. 

tees to take the places of said trustees of the first class, at 
its second annual session thereafter three trustees to take the 
places of said trustees of the second class, and at its third 
annual session thereafter three trustees to take the places 
of said trustees of the third class, all of said trustees so 
elected to hold office for the term of three years. At each 
succeeding annual session of said conference the members 
shall elect three trustees to take the places of those whose 
terms of office expire. In the event of the death, resignation 
or incapacity of a trustee the vacancy created thereby shall 
be filled by the members of the New England conference 
at its next annual session thereafter by the election by ballot 
of a trustee to serve for the unexpired term; but, if the 
number of said trustees shall become reduced to less than 
five in the interim of the annual sessions of said conference, 
it shall be the duty of the remaining trustees to fill such 
vacancies by the election by ballot of other trustees to hold 
office until the next annual session of said conference. Lay- 
men as well as members of the conference shall be eligible 
to hold the office of trustee. All trustees shall hold office, 
save as hereinbefore provided, for the term of three years 
and until their successors are elected and qualified. The 
trustees shall fix the times and places for holding their meet- 
ings and the manner of notifying the trustees, and shall make 
such by-laws, not repugnant to the laws of this Common- 
wealth, as they may think proper for the management of 
their concerns. Approved February 10, 1938. 

Chap. 20 An Act extending further the existence of the emer- 
gency PUBLIC works commission AND FIXING THE COM- 
PENSATION OF THE APPOINTIVE COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and thirty-eight of 
the acts of nineteen hundred and thirty-seven is hereby 
amended by striking out, in the last line, the words "first, 
nineteen hundred and thirty-eight" and inserting in place 
thereof the words : — thirtieth, nineteen hundred and thirty- 
nine, — so as to read as follows : — The existence of the 
Emergency Public Works Commission, established by chap- 
ter three hundred and sixty-five of the acts of nineteen hun- 
dred and thirty-three, as extended by chapter three hundred 
and eighty of the acts of nineteen hundred and thirty-five, 
is hereby further extended to June thirtieth, nineteen hun- 
dred and thirty-nine. 

Section 2. The second paragraph of section one of chap- 
ter three hundred and sixty-five of the acts of nineteen hun- 
dred and thirty-three is hereby amended by striking out, in 
the fourth fine, the word "thirty" and inserting in place 
thereof the word : — fifteen, — and by striking out, in the fifth 
line, the words "three thousand" and inserting in place 
thereof the words : — seven hundred and fifty, — so as to 
read as follows: — 



Acts, 1938. — Chaps. 21, 22. 21 

Each appointive member of the commission shall receive 
from the commonwealth as compensation for each day's 
attendance at meetings of the commission, the sum of fif- 
teen dollars; provided, that the total amount paid hereunder 
to any such member shall not exceed seven hundred and 
fifty dollars in any period of twelve months. Members of the 
commission shall receive their traveling and other necessary 
expenses incurred in the performance of their duties. The 
commission may employ, subject to the approval of the 
governor and council, a secretary and such additional expert 
and clerical assistants as it may require. The commission 
may call upon any officer, department, board or commission 
of the commonwealth for such information and assistance 
as may be needed in carrying out the provisions of this act. 

Approved February 10, 1938. 



An Act to authorize the children's hospital in the (Jfi^j)^ 21 

CITY OF BOSTON TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

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

The Children's Hospital, incorporated by chapter forty- 
four of the acts of eighteen hundred and sixty-nine, is hereby 
authorized to hold, for the purposes for which it is incor- 
porated, real and personal estate to an amount not exceeding 
ten million dollars in value, including the amount which it is 
already authorized by law to hold. 

Approved February 15, 1988. 



An Act relative to the annual observance of april (Jfiap, 22 

NINETEENTH AS PATRIOTS' DAY. 

Whereas, The deferred operation of this act would tend J;;;"^fbTe"^ 
to defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 
Be it enacted, etc., as follows: 

Chapter six of the General Laws is hereby amended by g^'-^Ter.^ 
inserting after section twelve I, inserted by chapter one hun- section'mT 
dred and eighty-four of the acts of nineteen hundred and '^dded. 
thirty-five, the following new section: — Section 12 J. The ^^^^^J^^l^oa"^ 
governor shall annually issue a proclamation calling for a '""'^ ^ ''^• 
proper observance of April nineteenth as Patriots' Day, in 
commemoration of the opening events of the War of the 
Revolution and the struggle through which the nation passed 
in its early days. Approved February 15, 1938. 



22 Acts, 1938. — Chaps. 23, 24, 25. 



Chap. 23 An Act reviving the central cape realty corporation 

FOR THE PURPOSE OF SELLING AND CONVEYING CERTALN 
LANDS AND DISTRIBUTING THE PROCEEDS OF SUCH SALES. 

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

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: 

Central Cape Realty Corporation, a corporation dissolved 
by chapter one hundred and eighty-seven of the acts of nine- 
teen hundred and thirty-four, is hereby revived for the sole 
purpose of selling and conveying title to certain lands situ- 
ated in the commonwealth and distributing the proceeds 
of said sales among its creditors and stockholders entitled 
thereto. Approved February 15, 1938. 

Chap. 24 An Act reviving the haley electrical appliance co. 

FOR THE PURPOSE OF CONVEYING CERTAIN REAL ESTATE 
AND DISTRIBUTING THE PROCEEDS THEREOF. 

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

preamble. defeat its purposc, therefore it is hereby declared to be an 

emergencj^ law, necessary for the immediate preservation of 

the public convenience. 

Be it enacted, etc., as follows: 

Haley Electrical Appliance Co., a corporation dissolved 
by section one of chapter one hundred and eighty-seven of 
the acts of nineteen hundred and thirty-four, is hereby re- 
vived and continued for a period of two years from the effec- 
tive date of this act for the sole purposes of selling and 
conveying title to certain property situated in the town of 
Marblehead and of distributing the proceeds of said sale 
among those entitled thereto. 

Approved February 15, 1938. 

Chav 25 An Act relative to the renewal of certain temporary 

REVENUE LOANS BY CITIES AND TOWNS. 

Emergency Whcreas, The deferred operation of this act would, in part, 

preamble. 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: 

Chapter twelve of the acts of nineteen hundred and thirty- 
five is hereby amended by striking out, in the eighth hne, 
the word "or" and inserting in place thereof a comma, — 
and by inserting after the word "thirty-six" in the same 
line the words : — , nineteen hundred and thirty-seven or 
nineteen hundred and thirty-eight, — so as to read as fol- 



Acts, 1938. — Chaps. 26, 27. 23 

lows: — Any city or town, with the approval of the board 
specified in clause nine of section eight of chapter forty-four 
of the General Laws, may extend, for a period or periods not 
exceeding in the aggregate six months beyond the maximum 
term provided by law for an original revenue loan, any loan 
issued in anticipation of the revenue of the year nineteen 
hundred and thirty-four, nineteen hundred and thirty-five, 
nineteen hundred and thirty-six, nineteen hundred and thirty- 
seven or nineteen hundred and thirty-eight, and the approval 
as aforesaid of any such extension shall authorize the issue of 
renewal notes for the period or periods so approved, notwith- 
standing the provisions of said chapter forty-four. Dm-ing 
the time that any such revenue loan, extended as aforesaid, 
remains outstanding, none of the receipts from the collec- 
tion of taxes assessed by such city or town for the year against 
the revenue of which such loan was issued or for prior years 
shall be appropriated for any purpose without the approval 
of the board. Approved February 15, 1938. 



Chap. 26 



An Act authorizing the town of Plymouth to appro- 
priate MONEY TO PROVIDE FACILITIES FOR HOLDING IN 
SAID TOWN DURING THE CURRENT YEAR THE STATE CON- 
VENTION OF THE UNITED SPANISH WAR VETERANS. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth may appropriate a 
sum, not exceeding fifteen hundred dollars, for the purpose of 
providing proper facilities for public entertainment at the 
time of the state convention of the United Spanish War 
Veterans, to be held in said town during the current year, 
and of paying expenses incidental to such entertainment. 
Money so appropriated shall be expended under the direction 
of the selectmen of said town. 

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

Approved February 15, 1938. 

An Act to authorize the placing of the office of chief Qhny o? 

OF THE FIRE DEPARTMENT OF THE TOWN OF BELMONT UNDER ^' 

THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the town of Belmont shall, upon the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to permanent members of fire departments 
of towns, and the tenure of office of any incumbent thereof 
shall be unlimited, subject, however, to said laws, but the 
person holding said office on said effective date may con- 
tinue to serve as such without taking a civil service examina- 
tion. 

Section 2. This act shall be submitted to the registered 
voters of said town at the annual town meeting in the year 



24 Acts, 1938. — Chaps. 28, 29. 

nineteen hundred and thirty-eight in the form of the follow- 
ing 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 current year, 
entitled 'An Act to authorize the placing of the Office of 
Chief of the Fire Department of the Town of Belmont under 
the Civil Service Laws', be accepted? " If a majority of the 
voters voting thereon vote in the affirmative in answer to 
said question, this act shall thereupon take full effect, but 
not otherwise. Approved February 15, 1938. 



Chap. 28 An Act requiring the furnishing of information to 

THE DIRECTOR OF THE DIVISION OF THE BLIND BY CERTAIN 
BANKS AND OTHER DEPOSITORIES RELATIVE TO CERTAIN 
DEPOSITS THEREIN. 

Be it enacted, etc., as follows: 

EdV' 69 "■ Chapter sixty-nine of the General Laws is hereby amended 

section 23aT by inserting after section twenty-three, as appearing in the 
added. Terceuteuar}^ Edition, the following new section : — Section 

fofuimlh" 23 A. A treasurer of a savings bank, institution for savings, 
information national bank, trust company, co-operative bank, benefit 
certain persons, associatiou, iusurauce compauy or safe deposit company who, 
upon request in writing signed by the director, or his duly 
authorized agent, unreasonably refuses to inform him of the 
amount deposited in the corporation or association to the 
credit of a person named in such request who is a recipient 
of aid under the preceding section or an applicant therefor, 
or who wilfully renders false information in reply to such re- 
quest, shall forfeit fifty dollars to the use of the common- 
wealth. Approved February 15, 1938. 

Chap. 29 A^ -Act authorizing the department of public utilities 

TO REQUIRE THAT WARNING SIGNS AT GRADE CROSSINGS 
OF RAILROADS AND PUBLIC WAYS BE EQUIPPED WITH RE- 
FLECTOR BUTTONS. 

Be it enacted, etc., as follows: 

FdV 160 '^' Section one hundred and forty- two of chapter one hun- 

H42, amended, dred and sixty of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by inserting after 
the word "stroke" in the twelfth line the following new sen- 
tence : — The department of public utilities may, in respect 
to any such public way, after notice and hearing, by order 
require that said signs shall also be equipped with reflec- 
tor buttons, — so that said section as amended shall read 
Warning signs as follows : — Scction 1^2. Every county, city and town 
shall, except as hereinafter provided, and the department of 
public works shall, unless in any case it deems it unnecessary 
or impracticable so to do, place and maintain warning signs 
on every pubhc way subject to its jurisdiction, where the 
way crosses the tracks of a railroad at grade. The signs shall 



at grade 
crossings. 



Acts, 1938. — Chaps. 30, 31. 25 

consist of a metal disc twenty-four inches in diameter, the 
field thereof to be enamelled yellow, with an enamelled black 
border line one inch wide, and with an enamelled black per- 
pendicular and horizontal crossline two and one half inches 
wide; the reverse side of the disc to be colored yellow. In 
each of the upper quarterings shall appear, in black enamel, 
the letter "R", five inches high, three and three quarter 
inches wide, the lines to be of one inch stroke. The depart- 
ment of public utilities may, in respect to any such public 
way, after notice and hearing, by order require that said 
signs shall also be equipped with reflector buttons. The said 
signs shall be placed in conspicuous situations beside the 
pubHc way, on each side of the crossing, and at a distance 
of not less than three hundred feet from the nearest rail of 
the crossing. Approved February 15, 1938. 

An Act authorizing the county commissioners of (JJiaj) 30 

BERKSHIRE COUNTY TO EXPEND MONEY FOR THE PURPOSE 
OF PROMOTING THE RECREATIONAL ADVANTAGES OF SAID 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Berkshire 
county may, for the purpose of advertising the recreational 
advantages of said county, expend such sums, not exceeding 
ten thousand dollars in any one year, as may be appropriated 
therefor; provided, that such expenditures from money so 
appropriated shall not at any time be more than the sum 
which shall have been contributed by public subscription or 
by donation deposited with the county treasurer for the 
purpose aforesaid. Said commissioners shall expend such 
sums only for advertising in newspapers, magazines and the 
like, or for booklets, posters or other forms of advertising. 
In carrying out the provisions of this act, the county com- 
missioners may designate an agent or agents to act for them ; 
provided, that all bills incurred shall be accompanied by 
proper vouchers and shall be paid by the county treasurer 
only on warrants approved by the county commissioners or 
a majority of them. 

Section 2. This act shall take effect upon its acceptance 
during the current year by the county commissioners of said 
county. Approved February 15, 1938. 

An Act authorizing the county commissioners of plym- (Jhnr) 31 

OUTH county to ACQUIRE ADDITIONAL PROPERTY IN THE ^' 

TOWN OF HANSON FOR THE HOUSING OF NURSES OR OTHER 
EMPLOYEES OF THE PLYMOUTH COUNTY HOSPITAL IN SAID 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing necessary addi- 
tional quarters for nurses or other employees at the Plym- 
outh county hospital in the town of Hanson, the county 



26 Acts, 1938. — Chaps. 32, 33. 

commissioners of Plymouth county may purchase a parcel of 
land, containing approximately twenty-one thousand square 
feet of land, with the buildings thereon, situated on High 
street in said town adjacent to said hospital. 

Section 2. For the purpose aforesaid, said county com- 
missioners may expend a sum not exceeding forty-two hun- 
dred dollars, said sum to be paid from the treasury of said 
county and assessed upon the twenty-six towns and one city 
in said county, as a part of the annual assessment for main- 
tenance of said hospital, in the month of January, nineteen 
hundred and thirty-nine, in accordance with section eighty- 
five of chapter one hundred and eleven of the General Laws. 

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

Approved February 16, 1938. 

Chap. 32 An Act relative to appropriations by the town of 

BOURNE FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five of the acts of 
nineteen hundred and thirty-four is hereby amended by 
striking out, in the first line, the words "two thirds" and 
inserting in place thereof the word: — majority, — and by 
striking out, in the second and third lines, the words "twenty- 
five hundred" and inserting in place thereof the words: — 
three thousand, — so as to read as follows: — Section 1. 
The town of Bourne may, by a majority vote, appropriate 
each year a sum not exceeding three thousand dollars for 
providing amusements or entertainments of a public char- 
acter. Money so appropriated shall be expended under the 
direction of the board of selectmen. 

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

Approved February 16, 1938. 

Chap. 33 An Act relative to appropriations by the town of 

BARNSTABLE FOR ADVERTISING THE TOWN AND FOR PUBLIC 
AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
eighty-two of the acts of nineteen hundred and twenty-four 
is hereby amended by striking out, in the first line, the words 
"two thirds" and inserting in place thereof the word: — 
majority, — so as to read as follows: — Section 1. The 
town of Barnstable may, by a majority vote, at its annual 
town meeting, annually appropriate a sum not exceeding 
three thousand dollars for the purpose of advertising the 
advantages of the town and for providing amusements or 
entertainments of a public character. 

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

Approved February 16, 1938. 



Acts, 1938. ~ Chaps. 34, 35, 36. 27 



An Act relative to appropriations by the town of Chav. 34 

FALMOUTH FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
fifty-seven of the acts of nineteen hundred and twenty-nine 
is hereby amended by striking out, in the first Hne, the words 
"two thirds" and inserting in place thereof the word: — 
majority, — so as to read as follows: — Section 1. The town 
of Falmouth may, by a majority vote, appropriate each year 
a sum not exceeding three thousand dollars for providing 
amusements or entertainments of a pubUc character. The 
money so appropriated by the town shall be expended under 
the direction of the board of selectmen. 

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

Approved February 16, 1938. 

An Act authorizing the city of lowell to construct a (JJkjj) 35 

PORTION of a main SEWER WITHIN THE LIMITS OF THE 
TOWN OF DRACUT. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending a main sewer 
of the sewerage system of the city of Lowell, said city may 
lay a sewer from the existing sewer under Methuen street 
in said city through a portion of the town of Dracut and 
connecting with the existing sewer in Humphrey street in 
said cit3^ For said purpose, said city may take by eminent 
domain under chapter seventy-nine of the General Laws, or 
acquire by purchase or otherwise, such lands, water rights, 
rights of way and easements in said town as may be deemed 
necessary, and, for the purpose aforesaid or for repairing 
such sewer, may enter upon and dig up such private and 
other lands or ways in such manner as not unnecessarily to 
obstruct the same. Said city shall leave any way so dug 
up in said town in a condition satisfactory to the selectmen 
of said town. 

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

Approved February 16, 1938. 

An Act excluding certain wheel-chairs owned and Qjidj) 35 
operated by invalids from the provisions of the 
motor vehicle laws. 

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 of chapter ninety of the General Laws, as g. l. (Ter. 
amended, is hereby further amended by striking out, in the ^tc;!'amendld. 



28 Acts, 1938. — Chaps. 37, 38. 

ninth line of the paragraph defining "Motor vehicles", as 
appearing in chapter one hundred and eighty-two of the 
acts of nineteen hundred and thirty-two, the words "and con- 
crete mixers" and inserting in place thereof the words: — 
, concrete mixers and wheel-chairs owned and operated by 
invalids, — so that said paragraph will read as follows: — 
"Motor "Motor vehicles", automobiles, semi-trailer units, motor 

definid^ cycles and all other vehicles propelled by power other than 

muscular power, except railroad and railway cars, vehicles 
operated by the system known as trolley motor or trackless 
trolley under chapter one hundred and sixty-three, and 
motor vehicles running only upon rails or tracks, road rollers, 
street sprinklers, snow loaders, power excavators, power 
graders, concrete mixers and wheel-chairs owned and oper- 
ated by invalids. Approved February 16, 1938. 

Chap. 37 An Act to authorize the placing of the office of chief 
OF police of the town of edgartown under the civil 

SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Edgartown shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unhmited, subject, how- 
ever, to said laws, but 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 or a special town meet- 
ing in the current year in the form of the following question, 
which shall be placed, in case of the annual meeting, upon 
the official ballot to be used for the election of town officers, 
or, in case of a special meeting, upon the ballot to be used 
at said meeting: "Shall an act passed by the General Court 
in the year nineteen hundred and thirty-eight, entitled 'An 
Act to authorize the placing of the office of chief of police 
of the town of Edgartown under the civil service laws', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved February 16, 1938. 

Chap. 38 An Act to authorize the placing of the office of chief 
OF police and the positions of members of the regu- 
lar or permanent police force of the town of oak 
bluffs under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police and the positions 
of members of the regular or permanent police force of the 



Acts, 1938. — Chap. 39. 29 

town of Oak Bluffs shall,''iipon' the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to police officers in towns, and the tenure of 
office of any chief of police or member of such police force 
of said town shall be unlimited, subject, however, to said 
laws, but the chief of police and the members of the regular 
or permanent police force of said town on said effective date 
may continue to serve as such without taking a civil service 
examination. 

Section 2. This act shall be submitted for acceptance 
to the voters of the said town at the annual town meeting 
or a special town meeting in the current year in the form of 
the following question which shall be placed, in case of the 
annual meeting, upon the official ballot to be used for the 
election of town officers, or, in case of a special meeting upon 
the ballot to be used at said meeting: "Shall an act passed 
by the general court in the year nineteen hundred and thirty- 
eight, entitled, 'An Act to authorize the placing of the office 
of chief of police and the positions of members of the regular 
or permanent police force of the town of Oak Bluffs under 
the civil service laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved February 16, 1938. 

An Act to authorize the placing of the office of chief Q}iq^y) 39 
of police and the positions of members of the regu- 
lar or permanent police force of the town of tis- 
bury under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police and the positions 
of members of the regular or permanent police force of the 
town of Tisbury shall, upon the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to police officers in towns, and the tenure of 
office of any chief of police or member of such police force 
of said town shall be unlimited, subject, however, to said 
laws, but the chief of police and the members of the regular 
or permanent police force of said town on said effective date 
may continue to serve as such without taking a civil service 
examination. 

Section 2. This act shall be submitted for acceptance 
to the voters of the said town at the annual town meeting or 
a special town meeting in the current year in the form of the 
following question which shall be placed, in case of the annual 
meeting, upon the official ballot to be used for the election 
of town officers, or, in case of a special meeting, upon the 
ballot to be used at said meeting: "Shall an act passed by 
the general court in the year nineteen hundred and thirty- 
eight, entitled, 'An Act to authorize the placing of the office 
of chief of police and the positions of members of the regular 
or permanent police force of the town of Tisbury under the 



30 Acts, 1938. — Chaps. 40, 41. 

civil service laws', be accepted? " If a majority of the votes 
in answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved February 16, 1938. 

Chap. 40 An Act regulating the hours for opening and closing 

THE POLLS AT MUNICIPAL ELECTIONS IN THE CITY OF 
WESTFIELD. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-four of the 
acts of nineteen hundred and twenty is hereby amended by 
striking out section twelve, as affected by chapter seventy- 
four of the acts of nineteen hundred and twenty-four, by 
chapter one hundred and three of the acts of nineteen hun- 
dred and thirty and by chapter fifteen of the acts of nineteen 
hundred and thirty-six, and inserting in place thereof the 
following: — Section 12. On the third Tuesday preceding 
every biennial municipal election in the city of Westfield at 
which any office mentioned in this act is to be filled by the 
voters, there shall be held a preliminary election for the pur- 
pose of nominating candidates therefor. No special election 
for mayor or any other officer shall be held until after the 
expiration of forty days from the calling of a preUminary 
election, except as is otherwise provided herein. At every 
biennial, preliminary and special city election the polls shall 
be opened at seven o'clock in the forenoon and shall remain 
open until seven o'clock in the evening, and the laws of the 
commonwealth relative to city elections shall apply thereto, 
except as is otherwise specifically provided herein. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of the city 
of Westfield, subject to the provisions of its charter, but not 
otherwise. Approved February 16, 1938. 

Chap. 41 An Act to authorize the placing of the office of chief 
OF the fire department of the town of bourne under 

THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the town of Bourne 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 2. This act shall be submitted to the voters of 
said town at the next annual town meeting in the form of 
the following question, which shall be placed upon the 



Acts, 1938. — Chaps. 42, 43. 31 

oflEicial 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-eight, entitled 'An 
Act to authorize the placing of the office of Chief of the Fire 
Department of the Town of Bourne under the Civil Service 
Laws', be accepted?" If a majority of the votes in answer 
to said question is in the affirmative, then this act shall 
thereupon take full effect, but not otherwise. 

Approved February 16, 1938. 



An Act to authorize the placing of the office of chief Qhav. 42 

OF the fire department of the town of GREENFIELD 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the town of Greenfield 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 
thereof 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 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-eight, 
entitled 'An Act to authorize the Placing of the Office of 
Chief of the Fire Department of the Town of Greenfield 
under the Civil Service Lav/s', be accepted?" If a majority 
of the votes in answer to said question is in the affirmative, 
then this act shall thereupon take full effect, but not other- 
wise. Approved February 16, 1938. 



An Act establishing in the town of uxbridge the Qhnnj 43 

UXBRIDGE ATHLETIC FIELD COMMISSION AND AUTHORIZING ^' 

SAID COMMISSION TO TAKE OVER, MAINTAIN, 1VLA.NAGE AND 
DEVELOP AN ATHLETIC FIELD IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the town of 
Uxbridge an unpaid commission, to be known as the Ux- 
bridge Athletic Field Commission. Said commission shall 
consist of five citizens of said town, who shall be appointed, 
and may for cause be removed, by the board of selectmen 
of said town. In the original appointments of the members, 
one shall be appointed for the term of one year, two for 
terms of two years each and two for terms of three years 



32 Acts, 1938. — Chap. 43. 

each, and thereafter, as the term of office of a member 
expires, his successor shall be appointed in like manner for 
the term of three years. Every member shall serve until 
the qualification of his successor. Said commission shall 
elect from its membership a chairman and a secretary. Va- 
cancies in the commission, caused otherwise than by expira- 
tion of term of service, shall be filled for the balance of the 
unexpired term in like manner as in the case of original 
appointments. 

Section 2. Said commission shall take over the land 
owned by the town of Uxbridge, located at the end of Cap- 
ron street in said town and known as the Uxbridge Fair 
Grounds, excepting so much of said land as is being used by 
the town high school building, containing three acres as 
shown on a plan filed with the town clerk of said town, and 
may erect buildings and other structures on said land and 
provide proper equipment therefor; and may hold, main- 
tain, manage, develop, control, lease and let the same for 
the purposes of all amateur and professional athletics, recre- 
ation, play, sports, phj^sical education, celebrations, exhibi- 
tions and entertainments. Said commission may make 
rules and regulations governing said athletic field and may 
charge for admission to the same. 

Section 3. Said town may annually appropriate money 
to the use of said commission for the following uses and 
purposes, namely: 

1. For the care of said land and the care and repair of the 
buildings and other structures thereon. 

2. For the equipment and improvement of the grounds 
and the construction, alteration and enlargement of the 
buildings and other structures thereon. 

3. For the support and encouragement of athletics, recrea- 
tion, play, sports, physical education, celebrations, exhibi- 
tions and entertainments. 

Section 4. All revenue received by said commission 
from said athletic field shall be paid into the treasury of 
said town. 

Section 5. Said commission shall annually file with the 
board of selectmen an itemized and detailed statement of 
all revenue received from, and of all expenditures made on 
account of, said athletic field and the buildings and other 
structures thereon. 

Section 6. All gifts, donations, bequests and devises 
made to said town for the maintenance, management and 
development of said athletic field shall be accepted in behalf 
of said town by said commission. Such funds so derived and 
accepted by said commission shall be held by the treasurer 
of said town and be available and used by said commission 
for the purposes enumerated in sections two and three, and 
shall not be diverted or used by said town for any other 
purpose or purposes. Said commission is further authorized 
to accept federal or state aid for the development of said 
athletic field for said town. 



Acts, 1938. — Chaps. 44, 45, 46. 33 

Section 7. This act shall take full effect upon its accept- 
ance by a majority of the voters of the town of Uxbridge, 
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 16, 1938. 

An Act relative to the signing and sealing of stock rhnj) 44 

CERTIFICATES OF GAS AND ELECTRIC COMPANIES AND TO "' 

THE CONTENTS OF SUCH CERTIFICATES. 

Be it enacted, etc., as follows: 

Section four of chapter one hundred and sixty-four of the o. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is amende^d.' ^ *' 
hereby amended by inserting after the word "thirty-one" 
in the second line the word : — , thirty-three, — so as to read 
as follows: — Section 4- Sections four, eight, nine, twenty- Appiicatioa of 
one, twenty-two, twenty-eight, thirty-one, thirty-three and poratfoniaw. 
thirty-four of chapter one hundred and fifty-six shall apply 
to companies subject to the provisions of this chapter. 

Approved February 16, 1938. 

An Act to authorize the placing of the office of chief nhnr) 45 
OF the fire department of the ware fire district ^' 

number one in the town of ware under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the Ware Fire District Number One in the town of Ware 
shall, upon the effective date of this act, become subject to 
the civil service laws and rules and regulations relating to 
permanent members of fire departments in towns, and the 
tenure of office of any incumbent of said office shall be un- 
limited, subject, however, to said laws, but the present in- 
cumbent of said office may continue to serve therein without 
taking a civil service examination. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority vote of the voters of the said Ware Fire 
District Number One present and voting thereon at a dis- 
trict meeting called for the purpose within three years after 
its passage. Approved February 16, 1938. 

An Act to authorize the placing of the positions of Qiidjj 45 
regular firemen in the fire department of the ^' 

ware fire district number one in the town of ware 
under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The positions of regular firemen of the fire 
department of the Ware Fire District Number One in the 
town of Ware shall, upon the effective date of this act, be- 



34' Acts, 1938. — Chaps. 47, 48. 

come subject to the civil service laws and rules and regula- 
tions relating to permanent members of fire departments in 
towns, and the tenure of office of any such fireman shall be 
unlimited, subject, however, to said laws, but the regular 
firemen of said department on said effective date may con- 
tinue to serve as such without taking a civil service exami- 
nation. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority vote of the voters of the said Ware Fire 
District Number One present and voting thereon at a dis- 
trict meeting called for the purpose within three years after 
its passage. Approved February 16, 1938. 

Chap. 47 An Act relative to exemption from local taxation 
OF property owned by the united states. 

Be it enacted, etc., as follows: 

G.L. (Ter. Scctiou fivc of chapter fifty-nine of the General Laws is 

etc., 'amended, hereby amended l)y striking out clause First, as amended by 
chapter eighty-one of the acts of nineteen hundred and 
thirtj^-six, and inserting in place thereof the following: — 
Un°itecfstates First, Propcrty owned by the United States so far as the 
exempt from taxation of such property is constitutionally prohibited. 
'^^'^''°°- Approved February 16, 1938. 

Chap. 48 An Act relative to the time of giving notice of repre- 
sentative TOWN MEETINGS IN THE TOWN OF WELLESLEY 
AND OF FILING NOMINATION PAPERS FOR THE OFFICE OF 
.TOWN MEETING MEMBER THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter two hundred and 
two of the acts of nineteen hundred and thirty-two, as 
amended by section two of chapter two hundred and twenty- 
six of the acts of nineteen hundred and thirty-six, is hereby 
further amended by striking out, in the tenth line, the word 
"seven" and inserting in place thereof the word: — five, — 
so as to read as follows: — 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 two, together with 
such town meeting members ex officii s 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 five 
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 



Acts, 1938. — Chap. 49. 35 

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 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 2. Section five of said chapter two hundred 
and two is hereby amended by striking out, in the sixth fine, 
the word "ten" and inserting in place thereof the word: — 
fifteen, — so as to read as follows : — Section 5. Nomina- 
tion of candidates for town meeting members to be elected 
under this act shall be made by nomination papers, which 
shall bear no pohtical 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 fifteen days 
before the election; provided, that any town meeting mem- 
ber may become a candidate for re-election by giving written 
notice thereof to the town clerk at least thirty days before the 
election. No nomination papers shall be valid in respect to 
any candidate whose written acceptance is not thereon or 
attached thereto when filed. Approved February 16, 1938. 

An Act relative to the issuance of proclamations for Chap. 49 

THE observance OF THE ANNIVERSARY OF THE BATTLE 
OF NEW ORLEANS. 

Be it enacted, etc., asfolloios: 

Section twelve F of chapter six of the General Laws, g. l. fXer. 
inserted by chapter twenty-three of the acts of nineteen etc.. 'amended! 
hundred and thirty-five, is hereby amended by inserting after 
the word "annually" in the first line the words: — in the 
month of December, — so as to read as follows : — Section New Orleans 
12F. The governor shall annually in the month of Decem- '^^' 
ber issue a proclamation setting apart January eighth as 
New Orleans Day and recommending that it be observed 
by the people with appropriate exercises in the public schools 
and otherwise, as he may see fit, to the end that the memory 
of the services of the soldiers and sailors of the war of eighteen 
hundred and twelve, and the lessons to be learned from the 
successes and failures of our arms in that war, may be per- 



36 Acts, 1938. — Chaps. 50, 51. ' 

petuated, and the governor shall annually cause a national 
salute to be fired on Boston Common at noon of said day. 

Approved February 16, 1938. 

Chap. 50 An Act relative to the acceptance and use by certain 

POLITICAL SUBDIVISIONS OF THE COMMONWEALTH OF FED- 
ERAL FUNDS FOR CERTAIN PUBLIC PROJECTS AND TO THE 
INCURRING OF INDEBTEDNESS THEREFOR. 

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 preservation 

of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and four of the acts of 
nineteen hundred and thirt^^-five is hereby amended by 
striking out section nine, added b}^ chapter four hundred 
and fourteen of the acts of nineteen hundred and thirty- 
six, and inserting in place thereof the following: — Section 9. 
Wherever, in Part I of chapter three hundred and sixty-six 
of the acts of nineteen hundred and thirtj^-three, and acts in 
amendment thereof and in addition thereto, reference is 
made to the National Industrial Recovery Act or any title 
or part thereof, or to the Emergency Relief Appropriation 
Act of 1935, such reference shall be deemed and held to 
refer also to all acts and joint resolutions of congress enacted 
during nineteen hundred and thirty-six, nineteen hundred 
and thirty-seven or nineteen hundred and thirty-eight, 
authorizing grants of federal money for public projects. 

Section 2. All votes of cities, towns or districts passed 
in nineteen hundred and thirty-six, nineteen hundred and 
thirty-seven or nineteen hundred and thirty-eight, authoriz- 
ing the borrowing of money under Part I of chapter three 
hundred and sixty-six of the acts of nineteen hundred and 
thirtj^-three, or any act in amendment thereof or in addi- 
tion thereto, are 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 the passage of said votes. 

Section 3. Nothing in said chapter three hundred and 
sixty-six, or any act in amendment thereof or in addition 
thereto, shall be construed to affect the power of a city, 
town or district to incur indebtedness under chapter forty- 
four of the General Laws, notwithstanding that the money 
so borrowed is to be expended in co-operation with the 
federal government. Approved February 18, 1938. 

Chap. 51 An Act authorizing the town of ipswich to pension 

VALORUS H. GRANT. 

Be it enacted, etc., as follows: • 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Ipswich may pay to Valorus H. Grant, 



Acts, 1938. — Chaps. 52, 53. 37 

who for more than thirty years served as a pohce officer in 
said town and whose health was impaired by faithful atten- 
tion to his duties as such, an annual pension, payable weekly, 
of such amount, not exceeding one half his annual compensa- 
tion at the time of his retirement from police service, as the 
town may vote, such pension to be effective from January 
first, nineteen hundred and thirty-seven. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of said town present 
and voting thereon at any annual town meeting called for 
the purpose within two years after its passage. 

Approved February 18, 1938. 



Chap. 52 



An Act to authorize the placing of the office of chief 
OF police of the town of auburn under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Auburn shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but Charles E. Braman, the present 
incumbent of said office, may continue to serve as such 
without taking a civil ser\'ice examination. 

Section 2. This act shall be submitted to the voters of 
said town at the next annual town 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-eight, entitled 'An Act to 
authorize the placing of the office of chief of police of the 
town of Auburn under the civil service laws', be accepted?" 
If a majority of the votes in answer to said question is in 
the affirmative, then this act shall thereupon take full effect, 
but not otherwise. Approved February 18, 1938. 

An Act authorizing the Worcester polytechnic insti- /^i ^q 

TUTE to maintain A BRIDGE OVER WEST STREET IN THE ^" 

CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
inserted in at least two newspapers published in the city of 
Worcester, and a public hearing thereon, the city council 
of said city may, by a two thirds vote, with the approval 
of the mayor, issue a permit to the Worcester Polytechnic 
Institute, a corporation, its successors and assigns, to build 
and maintain a bridge over West street in said city for the 
purpose of connecting the property owned and occupied by 
said corporation on opposite sides of said street, upon such 



38 Acts, 1938. — Chap. 54. 

conditions and subject to such restrictions as the said coun- 
cil may prescribe. 

Section 2. Any bridge built under a permit granted as 
aforesaid shall be constructed and maintained at a height 
not less than fourteen feet above the grade line of the street, 
and shall not be more than twelve feet in width, and no part 
of said bridge or its support shall rest on the surface of the 
street. 

Section 3. If a traveler on the highway while in the 
exercise of due care sustains bodily injury or damages in his 
property, by reason of the construction or maintenance of 
said bridge, he may recover damages therefor in an action 
of tort brought in the superior court against said Worcester 
Polytechnic Institute, or its successors or assigns, within 
one year after the date of such injury or damage; provided, 
that such notice of the time, place and cause of the said 
injury or damage be given to said Worcester Polytechnic 
Institute, or its successors or assigns, by, or on behalf of, 
the person sustaining the same as is, under the provisions of 
chapter eighty-four of the General Laws, valid and sufficient 
in cases of injury or damage sustained by reason of a defect 
or a want of repair in or upon a way, if such defect or want 
of repair is caused by or consists in part of snow or ice, or 
both. The remedy herein provided shall not be exclusive, 
but shall be in addition to any other remedy provided by 
law. 

Section 4. If any part or section of this act be declared 
unconstitutional, the validity of its remaining provisions 
shall not be affected thereby. 

Section 5. This act shall take full effect upon its ac- 
ceptance during the current .year by vote of the city council 
of said city, subject to the provisions of its charter. 

Approved February 18, 1938. 



Chap. 54 An Act relative to the disposition of a certain parcel 

OF LAND IN THE CITY OF MEDFORD, 

Be it enacted, etc., as folloivs: 

The city of Medford, acting through its mayor with the 
approval of its board of aldermen, may convey or otherwise 
dispose of a certain parcel of land in said city bounded and 
described as follows, irrespective of the fact that at some 
time it may have been under the control of the park depart- 
ment of said city or of its school committee : — Beginning 
at the intersection of the easterly sidehne of Winthrop 
street and the northerly location line of Lot No. Pt. 36; 
thence easterly along the northerly location lines of Lots 
No. Pt. 36, Pt. 37 and Pt. 38, one hundred fifty-three and 
sixty-nine one-hundredths feet to a point on the westerly 
location line of Lot No. 30; thence northerly along the 
westerly location lines of said Lots 30, 29 and 28, ninety- 
seven feet; thence westerly one hundred eighty-four and 



Acts, 1938. — Chaps. 55, 56. 39 

five tenths feet to a point on the aforementioned easterly 
sideHne of Winthrop street; thence southerly along said 
easterly sideline of Winthrop street one hundred thirty-seven 
and six tenths feet to the point of beginning. The above de- 
scribed area contains nineteen thousand, six hundred square 
feet and is a part of a lot originally containing twenty-nine 
thousand, seven hundred and seventy-five square feet, as 
shown on a plan entitled, "Plan of Land in Medford Belong- 
ing to Joseph K. Manning et al" by J. L. Goodwin, dated 
Januarv, 1893 and recorded in the South Middlesex Registrv 
of Deeds, Plan Book 79, Plan 19, February 10, 1893. All as 
more particularly shown and described on Plan No. 15225, 
entitled, "Plan of Grant Park, Medford, Mass.", dated 
December, 1937, and on file in the office of the City Engineer 
of said city. Approved February 18, 1938. 



Chap. 55 



An Act authorizing the town of provincetown to 
lease the whole or a portion of a certain wharf 
and public landing in said town, and to make charges 
for wharfage thereat or thereon. 

Be it enacted, etc., as follows: 

Section 1. The town of Provincetown, acting by its 
board of selectmen under authority of a vote of the town, 
may lease the whole or any portion of the wharf and public 
landing acquired under authority of chapter two hundred 
and fifty-three of the acts of nineteen hundred and twenty- 
eight and known as "Town Wharf", on or near Commer- 
cial street in said town. 

Section 2. Said town maj^ make such charges for wharf- 
age at or on said wharf and public landing as the board of 
selectmen may determine. 

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

Approved February 25, 1938. 

An Act authorizing the town of edgartown to acquire rhn^ c:« 

and maintain PROPERTY THEREIN FOR THE PURPOSES OF "' 

A PUBLIC WHARF, AND TO BORROW MONEY FOR SUCH AC- 
QUISITION. 

Be it enacted, etc., as follows: 

Section 1. The town of Edgartown may acquire by 
purchase waterfront land and buildings thereon in said 
town and may erect and maintain a public wharf on said 
land. The powers conferred by this act may be exercised 
by the selectmen, who shall also have the power to make 
rules and regulations governing the use of said property. 

Section 2. For the purpose of acquiring said land and 
buildings and of erecting said wharf, said town may bor- 
row from time to time such sums as may be necessary, not 
exceeding, in the aggregate, twelve thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 



40 Acts, 1938. — Chap. 57. 

face the words, Edgartown Wharf Loan, Act of 1938. Each 
authorized issue shall constitute a separate loan and such 
loans shall be paid in not more than ten years from their 
dates. Indebtedness incurred under this act shall be within 
the statutory limit, but shall, except as provided herein, be 
subject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved February 25, 1938. 



Chap. 57 An Act further extending the opportunity to cities 

AND TOWNS TO BORROW UNDER THE ACT CREATING THE 
EMERGENCY FINANCE BOARD. 

Emergency Wkcreas, The deferred operation of this act would tend 

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

an emergency law, necessary for the immediate preservation 

of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-nine of the acts of nineteen 
hundred and thirty-three, as most recentlj^ amended in 
section two by section one of chapter two hundred and 
eighty-one of the acts of nineteen hundred and thirty-six, is 
hereby further amended by striking out said section two 
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 citj^ or town warrant, grant its 
approval to the borrowing as aforesaid of specified sums 
not at any time exceeding, in the aggregate, the total amount 
represented by tax titles taken or purchased by such city 
or town and held by it; provided, that such borrowing is 
made at any time or times prior to July first, nineteen hun- 
dred and thirty-nine. In case of such approval, the treasurer 
of such city or town shall, without further vote, issue notes, 
with interest at such rate as may be fixed by the treasurer 
with the approval of the board, in the amount approved by 
the board, for purposes of sale to the commonwealth only, 
and said notes, upon their tender to the state treasurer, shall 
forthwith be purchased by the commonwealth at the face 
value thereof. Such notes shall be payable in not more than 
one year, and may be renewed from time to time, if au- 
thorized 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 forty. Such notes shall be general obligations of the 



Acts, 1938. — Chap. 58. 41 

city or town issuing the same, notwithstanding the foregoing 
provisions. Indebtedness incurred by a city or town under 
authority of this act shall be outside its limit of indebtedness 
as fixed by chapter forty-four of the General Laws. The 
excess, if any, of the amount of interest payments received 
by the commonwealth on account of notes issued by cities 
and towns hereunder over the cost to the commonwealth 
for interest on money borrowed under section five, expenses 
of the board, including compensation paid to its appointive 
members, and expenses of administration of the funds pro- 
vided by sections three and five shall be distributed to such 
cities and towns in November, nineteen hundred and forty- 
three, or earlier at the discretion of the board, in the pro- 
portion which the aggregate amounts payable by them on 
account of interest on such notes bear to the total amounts 
so payable by all cities and towns hereunder. 

Section 2. Section five of said chapter forty-nine, as 
most recently amended bj^ section two of said chapter two 
hundred and eightj^-one, is hereby further amended by 
striking out, in the fifteenth line, the word "forty-two" and 
inserting in place thereof the word: — forty-thi-ee, — 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 munici- 
palities as aforesaid, but not exceeding 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 by the state treasurer, with the approval 
of the governor and council. Such notes shall be issued for 
such maximum term of years as the governor may recom- 
mend to the general court in accordance with section three of 
Article LXII of the amendments to the constitution of the 
commonwealth, but such notes, whether original or renewal, 
shall be paj^able not later than November thirtieth, nineteen 
hundred and forty-three. All notes issued under this section 
shall be signed by the state treasurer, approved by the 
governor and countersigned by the comptroller. 

Approved February 25, 1938. 

An Act authorizing cities, towns and districts to bor- (Jhnj) 5fi 

ROW ON account OF PUBLIC WELFARE, SOLDIERS' BENE- ^' 

FITS AND FEDERAL EMERGENCY UNEMPLOYMENT RELIEF 
PROJECTS. 

Whereas, The deferred operation of this act would tend ^^^l^§^^^ 
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. Subject to the provisions of this act, any 
city, town or district, by a two thirds vote as defined in 



42 Acts, 1938. — Chap. 58. 

section one of chapter forty-four of the General Laws, and 
with the approval of the mayor, selectmen, or prudential 
committee or commissioners, and of the board established 
under section one of chapter forty-nine of the acts of nine- 
teen hundred and thirty-three, may borrow, during the 
year nineteen hundred and thirtj^-eight, outside 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 aid to dependent 
children and old age assistance, soldiers' benefits includ- 
ing state aid, military aid, soldiers' burials and soldiers' re- 
lief, and for any federal emergency unemployment relief 
projects, exclusive of public works administration projects, 
to an amount not more than one half of one per cent of the 
average of the assessors' valuations of its taxable property 
for the three preceding years, such valuations to be reduced 
and otherwise determined as provided in section ten of said 
chapter forty-four, and maj^ issue bonds or notes therefor, 
which shall bear on their face the words, (name of city, 
town or district) Municipal Relief Loan, Act of 1938. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than ten years from their 
dates and, except as herein provided, shall be subject to 
said chapter forty-four, exclusive of the limitation contained 
in the first paragraph of section seven thereof. 

Loans may be issued hereunder only by such cities, towns 
and districts as in the current year have appropriated to be 
raised by taxation or appropriated from available funds for 
the purposes enumerated in the preceding paragraph, an 
amount not less than eighty-five per cent of the aggregate 
expenditures for the year nineteen hundred and thirty- 
seven for public welfare, including aid to dependent chil- 
dren and old age assistance, soldiers' benefits including 
state aid, military aid, soldiers' burials and soldiers' relief, 
excluding any federal emergency unemployment relief proj- 
ects and expenditures from federal grants made for old age 
assistance and aid to dependent children, as determined by 
the board. 

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 author- 
ity 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 25, 1938. 



Acts, 1938. — Chaps. 59, 60. 43 



An Act providing that certain provisions of law Cfiav. 59 

RELATIVE to SECOND HAND ARTICLES SHALL NOT APPLY 
TO THE PURCHASE, SALE OR BARTERING OF BOOKS, PRINTS, 
POSTAGE STAMPS OR COINS. 

Be it enacted, etc., as follows: 

Section fifty-five of chapter one hundred and forty of the o. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, amiAded!' ^ ^^" 
is hereby amended by adding at the end the following new 
sentence: — The purchase, sale or barter of books, prints, 
coins or postage stamps shall not be deemed to be the 
purchase, sale or barter of second hand articles within the 
meaning of this and the preceding section, — so as to read 
as follows: — Section 55. Whoever acts as a collector of, faleriTc^^of 
dealer in or keeper of a shop for the purchase, sale or barter certain second 
of junk, old metals or second hand articles without a license, 
or in any other place or manner than that designated in 
his license or after notice to him that his license has been 
revoked, or violates any such rule, regulation or restriction, 
shall forfeit twenty dollars. The purchase, sale or barter of 
books, prints, coins or postage stamps shall not be deemed 
to be the purchase, sale or barter of second hand articles 
within the meaning of this and the preceding section. 

Approved February 25, 1938. 

An Act further regulating the taking of certain Chap. 60 

FISH ON the lord's DAY. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-six of the General Laws g. l. (Ter. 
is hereby amended b}^ striking out section seventeen, as etcramended.'" 
most recently amended by chapter fifty-five of the acts of 
nineteen hundred and thirty-four, and inserting in place 
thereof the following: — Section 17. Whoever on the Lord's Penalty for 
day discharges any firearm for sport or in the pursuit of fish on the '^'^ 
game, or attempts to take or catch any fish by using any ^°'"'^'® ^''^^■ 
net or spear, or attempts to take or catch any fish for com- 
mercial purposes by using a hook and line, shall be punished 
by a fine of not more than ten dollars; provided, that, on 
said day, shiners may be taken for bait by licensed fisher- 
men, and eels and suckers may be taken with a spear. Prose- 
cutions hereunder shall be commenced within thirty days 
after the offence was committed. This section shall not 
apply to the discharge of firearms in any shooting gallery 
licensed under section four A, and subject to the restrictions 
therein imposed, nor shall it apply to the discharge of fire- 
arms in trap, skeet or target shooting if carried on at such 
places within the limits of any city or town and during such 
hours as the city council or selectmen approve and in accord- 
ance with regulations which they are hereby authorized to 
establish. Approved February 25, 1938. 



44 Acts, 1938. — Chaps. 61, 62. 



Chap. 61 An Act reducing the membership of the board op 

ALDERMEN OF THE CITY OF MEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and forty-five of the 
acts of nineteen hundred and three is hereby amended by 
striking out section eight and inserting in place thereof the 
following: — Section 8. The board of aldermen shall con- 
sist of eleven members, who shall be elected biennially in 
every odd numbered year as follows : one member from each 
ward to be elected by and from the qualified voters of that 
ward, and four members at large to be elected by and from 
the qualified voters of the entire city. The aldermen so 
elected shall serve for terms of two years, beginning with 
the first Monday in January next following their election. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Medford at the biennial 
state election in the current j^ear 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 reducing 
the membership of the board of aldermen of the city of 
Medford', be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question 
this act shall thereupon take full effect, but not otherwise. 

Approved February 25, 1938. 

Chap. 62 An Act relative to nominations for the office of 

DIRECTOR OR TRUSTEE OF THE W^ESTFIELD ATHENAEUM 
OF THE CITY OF WESTFIELD. 

Be it enacted, etc., as follows: 

Section fourteen-G of chapter two hundred and ninety- 
four of the acts of nineteen hundred and twenty, inserted 
by section one of chapter six hundred and thirty-one of the 
acts of said year, is hereby amended by inserting after the 
word "large" in the fifth line the words: — , director or 
trustee of the Westfield athenaeum, — so as to read as 
follows: — Section l^-G. If at the expiration of the time 
for filing statements of candidates to be voted for at any pre- 
liminary election not more than twice as many such state- 
ments have been filed with the city clerk for the office of 
mayor, councillor at large, director or trustee of the Westfield 
athenaeum, or school committee as there are candidates to 
be elected to said offices respectively, the candidates whose 
statements have thus been filed shall be deemed to have been 
nominated to said offices respectively, and their names shall 
be used at such annual or special election, and the city clerk 
shall not print said names upon the ballot to be used at said 
preliminary election, and no other nomination to said offices 
shall be made. And if in any ward, at the expiration of the 
time for filing statements of candidates to be voted for at any 



Acts, 1938. — Chap. 63. 45 

preliminary election, not more than twice as many such 
statements have been filed with the city clerk for the office of 
councillor from such ward as are to be elected, the candi- 
dates whose statements have thus been filed shall be deemed 
to have been nominated, and their names shall be printed 
on the official ballot to be used at such annual or special 
election, and the city clerk shall not print said names upon 
the ballot to be used at said preliminary election, and no 
other nominations to said offices shall be made. And if it 
shall appear that no names are to be printed upon the official 
ballot to be used at any preliminary election in any ward or 
wards of the city, no preliminary election shall be held 
in any such ward or wards. 

Approved February 25, 1938. 



An Act relative to amending and supplementing QJku) 53 
records of certain births. 

Be it enacted, etc., as follows: 

Section thirteen of chapter forty-six of the General Laws o. l. (Ter. 
is hereby amended by striking out the second paragraph, as fie ;] amended. 
amended by section two of chapter two hundred and eighty 
of the acts of nineteen hundred and thirty-three, and insert- 
ing in place thereof the following two new paragraphs: — 

If a person shall have acquired the status of a legitimate Correction. 
child by the intermarriage of his parents and the acknowl- l^-^ records.' 
edgment of his father, as provided in section seven of chapter 
one hundred and ninety, the record of his birth shall be 
amended or supplemented as hereinafter provided so as to 
read, in all respects, as if such person had been reported for 
record as born to such parents in lawful wedlock. For such 
purpose, the town clerk, if satisfied as to the identity of the 
persons and the facts, shall receive an affidavit executed by 
the parents, or by either if the other is dead, setting forth the 
material facts or shall receive, if both parents are dead, 
affidavits of the fact of such intermarriage, of the acknowl- 
edgment of the father, and of the death of each parent, 
executed by credible persons having knowledge of such facts, 
together with evidence substantiating such facts beyond all 
reasonable doubt, which affidavits and evidence shall have 
been submitted by the town clerk to a judge of probate or to a 
justice of a district court and shall have been approved by 
such judge or justice. Each such affidavit executed by the 
parent or parents shall be accompanied by a certified copy 
of the record of such intermarriage, if not recorded in the 
records in the custody of such clerk; and such affidavits 
executed by credible persons as aforesaid shall be accom- 
panied by a certified copy of the record of such intermarriage 
and of the death of each parent, if not recorded in such 
records. 

If, however, the birth of such a child was recorded as that 
of a legitimate- child of the mother and the man who was 



46 Acts, 1938. — Chaps. 64, 65. 

her husband at the time of such birth, the record shall not be 
amended as provided in this section unless the illegitimacy 
has been legally determined or has been admitted by the 
affidavit of the mother and such husband, or, if the town 
clerk is satisfied that both the mother and such husband 
cannot be located, by the affidavit of either of them and by 
evidence substantiating the statements in such affidavit 
beyond all reasonable doubt, which affidavit and evidence 
shall have been submitted by the town clerk to a judge of 
probate or to a justice of a district court and shall have 
been approved by such judge or justice. 

Approved February 25, 1938. 



Chap. 64 An Act authorizing the town of framingham to pay 

A certain sum of money to GEORGE MASON AND HARRY 
MASON. 

Be it enacted, etc., as follows: 

The town of Framingham is hereby authorized to appro- 
priate the sum of fifteen hundred and seventy-six dollars 
and eighty-three cents and pay the same to George Mason 
and Harry Mason in full settlement of their claims against 
the town for reimbursement on account of money expended 
by them, as trustees of the Mason Family Trust or in their 
individual capacities, in connection with the construction of 
water and sewerage works in Swift road in said town; pro- 
vided, that no payment shall be made hereunder unless and 
until said parties shall have released to said town, by proper 
instrument or instruments, all right, title and interest they 
may have in said works. Approved February 25, 1938. 



Chap. 65 An Act allowing inmates of penal institutions to 
view the remains of their deceased spouses and 
next of kin prior to the funerals of such deceased 
persons. 

Be it enacted, etc., as follows: 

Edo, 127^ Chapter one hundred and twenty-seven of the General 

§ soA, ' Laws is hereby amended by striking out section ninety A, 

amen e . ^^ appearing in the Tercentenary Edition, and inserting in 

Attendance placc thereof the following : — Section 90 A . An inmate of a 

offnml?es pcual institution may, in the discretion of the officer in 

fiLtftutions charge of such institution, be allowed, in the custody of an 

officer thereof, to attend the funeral of his or her spouse or 

any next of kin or to view the remains of such a deceased 

person before or after the funeral. 

Approved February 25, 1938. 



Acts, 1938. — Chaps. 66, 67, 68. 47 



An Act relative to compensation of assistant town Chav 66 

CLERKS. 

Be it enacted, etc., as follows: 

Section nineteen of chapter forty-one of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended amended.^ ^^' 
by striking out the last sentence and inserting in place thereof 
the following : — No person appointed as assistant clerk Compensation 
shall receive any salary for services as such from the town, ?own cfJrks. 
but his compensation, if any, for such services shall be paid 
by the clerk, to whom all fees received bj'' the assistant shall 
be paid. Approved February 25, 1938. 

An Act regulating the employment of certain persons Chav. 67 

BY THE department OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-nine of the General Laws g. l. (Ter. 
is hereby amended by inserting after section twenty-seven D, new 'se^don 
inserted by chapter four hundred and sixty-one of the acts of 27E, added, 
nineteen hundred and thirty-five, the following new section: 
— Section 27E. At least seventy-five per cent of the per- Preference to 
sons employed by the department of public works to work public works.'" 
in connection with the construction, reconstruction, altera- 
tion or repair of any public works, in positions other than 
those subject to the civil service laws and rules and regula- 
tions, shall be residents in the highway district, as then estab- 
lished by said department or its successor in office, in which 
the work is being done. 

{This hill, returned hy 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, February 
24, 1938, and, in concurrence, by the Senate, February 28, 
1938, the objections of the governor notwithstanding, in the 
manner prescribed by the constitution; and thereby has ''the 
force of a law^\) 

An Act authorizing the commissioner of labor and Chav. 68 

industries to suspend until APRIL FIRST, NINETEEN 
HUNDRED AND THIRTY-NINE, THE SIX o'CLOCK LAW, SO 
CALLED, RELATING TO THE HOURS OF EMPLOYMENT OF 
WOMEN IN THE TEXTILE INDUSTRY. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its pm-pose, 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 one of chapter three hundred and forty-seven of 
the acts of nineteen hundred and thirty-three, as most 
recently amended by chapter one hundred and fifty-three 



48 Acts, 1938. — Chaps. 69, 70. 

of the acts of nineteen hundred and thirty-seven, is hereby 
further amended by striking out, in the fifth hne, the word 
"thirty-eight" and inserting in place thereof the word: — 
thirty- nine, — so as to read as follows : — Section 1 . The 
commissioner of labor and industries is hereby authorized, 
in conformity with Article XX of Part the First of the Con- 
stitution of the Commonwealth, to suspend, until April first, 
nineteen hundred and thirty-nine, subject to such restric- 
tions 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 evening; 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 3, 1938. 

Chap. 69 An Act authorizing the town of deerfield to borrow 

MONEY FOR THE PURPOSE OF INSTALLING A NEW HEATING 
PLANT AND MAKING NECESSARY ALTERATIONS IN THE CON- 
WAY STREET GRAMMAR SCHOOL IN SOUTH DEERFIELD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of installing a new heating 
plant in the Conway Street grammar school in South Deer- 
field and making the necessary alterations therefor, the 
town of Deerfield 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, nine 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Deerfield School 
Loan, Act of 1938. Each authorized issue shall constitute a 
separate loan, and such loans shall be paid in not more than 
ten years from their dates. Indebtedness incurred under 
this act shall be within the statutory limit, but shall, except 
as provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved March 3, 1938. 

Chap. 70 An Act authorizing the town of sunderland to borrow 

MONEY FOR THE PURPOSE OF REMODELING THE TOWN HALL 
BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling the town hall 
building, the town of Sunderland may borrow from time to 
time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding, in the 
aggregate, twelve thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words. 



Acts, 1938. — Chaps. 71, 72. 49 

Sunderland Town Hall Building Loan, Act of 1938. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than twelve years from their 
dates. Indebtedness incurred under this act shall be within 
the statutory limit, but shall, except as provided herein, be 
subject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved March 3, 1938. 

An Act relative to the powers of certain special QJkij) 71 

STATE police OFFICERS TO SERVE WARRANTS OF THE '' 
PAROLE BOARD. 

Be it enacted, etc., as follows: 

Section one hundred and twenty-seven of chapter one g. l. (Ter. 
hundred and twenty-seven of the General Laws, as appear- f i'27,^^^' 
ing in the Tercentenary Edition, is hereby amended by in- amended, 
serting after the word "warrants" in the fifth line the words: 
— issued by the parole board, — so as to read as follows: — 
Section 127. The governor, upon the written recommenda- Special state 
tion of the commissioner, may appoint any agent or em- p°^"=^- 
ployee of the department of correction or any employee of 
any penal institution a special state police officer for a term 
of three j^ears, unless sooner removed. Officers so appointed Powers and 
may serve warrants issued by the parole board and orders of 
removal or transfer of prisoners issued by the commissioner 
and warrants issued by any court or trial justice in the com- 
monwealth for the arrest of a person charged with the crime 
of escape or attempt to escape from a penal institution or 
from the custody of an officer while being conveyed to or 
from any such institution, and may perform police duty 
about the premises of penal institutions. 

Approved March 3, 1938. 

An Act relative to a minimum age limit for appli- Chav 72 

CANTS FOR POSITIONS IN CERTAIN POLICE OR FIRE DE- 
PARTMENTS. 

Be it enacted, etc., as follows: 

Section four of chapter thirty-one of the General Laws, g. l. (Ter. 
as amended, is hereby further amended by inserting after ftl^'amendtd. 
the word "years" in the eighteenth line, as appearing in the 
Tercentenary Edition, the words : — or a minimum age limit 
therefor higher than twenty-two years, — so that the para- 
graph contained in the ninth to the eighteenth lines, inclu- 
sive, as so appearing, will read as follows : — 

Members of police and fire departments of cities and of Civii service. 
such towns as accept the provisions of this chapter, or have police andVe 
accepted corresponding provisions of earlier laws, and mem- Mmimum"*^' 
bers of the police or fire department of any town which, age limit. 



50 



Acts, 1938. — Chap. 73. 



as to such department, accepts section forty-eight or has 
accepted corresponding provisions of earher laws; except 
that no rule regulating the height and weight of persons 
eligible to become members of the fire department shall be 
made or enforced except by the city council or selectmen; 
and except further that no rule shall prescribe a maximum 
age limit for applicants for positions in police or fire depart- 
ments lower than thirty-five years or a minimum age limit 
therefor higher than twenty-two years ; 

Approved March S, 1938. 



G. L. (Ter. 
Ed.), 35, § 52, 
amended. 



Classification 
of county 
employees. 
Appeal. 



Chav. 73 An Act relative to the classification of county 

EMPLOYEES. 

Be it enacted, etc., as follows: 

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

Any person aggrieved by the allocation or classification of 
his office or position or by any other action or by any failure 
to act, under any provision of sections forty-eight to fifty- 
five, inclusive, may appeal in writing to the board. Such 
appeal shall be filed with the county commissioners of the 
county in which the office or position is established, who 
shall forward the appeal to the board, accompanied by a 
report and their recommendations thereon. The board 
shall refer the appeal to the director of accounts, who shall 
investigate the merits thereof and report to the board. The 
board, after giving all parties interested an opportunity to 
be heard, shall pass upon the appeal and its decision shall be 
final and binding upon all such parties, including the county 
commissioners and the person appealing. 

Section 2. Section fifty-one of said chapter thirty-five, 
as so appearing, is hereby amended by inserting after the 
word "him" in the eleventh line the following: — ; and 
provided, further, that an amendment proposed under sec- 
tion fifty-three and adopted by the board shall be effective 
only in the county whose county commissioners have pro- 
posed the amendment unless the county commissioners of 
four or more counties have joined in the proposal in which 
case it shall be effective in all counties, other than Suffolk 
and such other counties, if any, as shall under section fifty- 
six have ceased to be represented in the board, — and by 
striking out, in the fourteenth line, the words "said sections 
forty-eight to fifty-six, inclusive" and inserting in place 
thereof the words : — sections forty-eight to fifty-five, in- 
clusive, — so as to read as follows: — Section 51. The board 
shall (a) pass upon and finally adopt and put into effect, with 
such modifications, changes and additions as it shall deem 
proper, the classification and compensation plans and rules 
for their administration proposed by the director of accounts 
under section fifty; (6) pass upon, finally adopt and put 



G. L. (Ter. 
Ed.), 35, § 
amended. 



Duties of 
county person- 
nel board. 



Acts, 1938. — Chap. 74. 51 

into effect, with such modifications as it may deem proper, 
amendments to the classification and compensation plans 
and the rules for their administration as may be proposed 
from time to time under the provisions of section fifty or 
fifty-three; provided, that no such amendment not pro- 
posed b}^ the director of accounts under section fifty shall 
be adopted except after a report which shall be made by 
said director within thirty days after submission to him; 
and provided, further, that an amendment proposed under 
section fifty-three and adopted by the board shall be eft'ec- 
tive only in the county whose county commissioners have 
proposed the amendment unless the county commissioners 
of four or more counties have joined in the proposal in which 
case it shall be effective in all counties, other than Suffolk 
and such other counties, if any, as shall under section fifty- 
six have ceased to be represented in the board; (c) pass 
upon and finally determine appeals relative to classification, 
as provided in section fifty-two; and id) perform such other 
functions and duties as may be imposed upon it by sections 
forty-eight to fifty-five, inclusive. 

Approved March 3, 1938. 

An Act to authorize the placing of the office of Qhav. 74 

CHIEF of police OF THE TOWN OF WAYLAND UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The ofl[ice of chief of pohce of the town of 
Wayland shall, upon effective date of this act, become sub- 
ject to the civil service laws and rules and regulations relat- 
ing to police officers in towns, and the tenure of office of 
any incumbent thereof shall be unlimited, subject, however, 
to such laws, but 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-nine 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 
hundred and thirty-eight, entitled 'An Act to authorize the 
placing of the office of chief of police of the town of Way- 
land under the civil service laws', be accepted?" If a ma- 
jority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon take full effect, 
but not otherwise. Approved March 7, 1938. 



52 



Acts, 1938. — Chaps. 75, 76. 



G. L. (Ter. 
Ed.). 55, § 7, 
amended. 



Political con- 
tributions by 
corporations 
forbidden. 



Chap. 75 -^N ^^^'^ AUTHORIZING CERTAIN CORPORATIONS AND TRUS- 
TEES TO PUBLISH OR CIRCULATE CERTAIN PAID MATTER 
RELATING TO QUESTIONS SUBMITTED TO THE VOTERS. 

Be it enacted, etc., as follows: 

Section seven of chapter fifty-five of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "of" the first time it appears in 
the twenty-second fine the following : — , or any matter or 
thing affecting, — so as to read as follows : — Section 7. No 
corporation carrying on the business of a bank, trust, surety, 
indemnity, safe deposit, insurance, railroad, street railway, 
telegraph, telephone, gas, electric light, heat, power, canal, 
aqueduct, or water company, or any company having the 
right to take land by eminent domain or to exercise fran- 
chises in public ways, granted by the commonwealth or by 
any county, city or town, no trustee or trustees owning or 
holding the majority of the stock of such a corporation, no 
business corporation incorporated under the laws of or doing 
business in the commonwealth and no ofiicer or agent acting 
in behalf of any corporation mentioned in this section, shall 
directly or indirectly give, pay, expend or contribute, or 
promise to give, pay, expend or contribute, any money or 
other valuable thing in order to aid, promote or prevent the 
nomination or election of any person to public office, or to 
aid, promote or antagonize the interests of any political 
party, or to influence or affect the vote on any question 
submitted to the voters. No person or persons, no political 
committee, and no person acting under the authority of a 
political committee, or in its behalf, shall solicit or receive 
from such corporation or such holders of stock any such 
gift, payment, expenditure, contribution or promise to give, 
pay, expend or contribute; except that such a corporation, 
or such trustee or trustees, may in good faith publish or cir- 
culate paid matter when, under a question submitted to 
the voters, the taking, purchasing or acquiring of, or any 
matter or thing affecting, any of the property, business or 
assets of the corporation is involved, provided that the 
name of the corporation appears therein in the nature of a 
signature, and that, if inserted as reading matter, such mat- 
ter is preceded or followed by the word "Advertisement", 
in the manner required by section thirty-three. 

Approved March 7, 1938. 



Chap. 76 An Act providing for party primaries in the city op 

MEDFORD. 

Be it enacted, etc., as follows. • 

Section 1. Chapter one hundred and forty of the acts 
of nineteen hundred and twenty-one, as amended, is hereby 
repealed. 



Acts, 1938. — Chaps. 77, 78. 53 

Section 2. There shall be placed upon the official ballot 
to be used in the city of Medford at the biennial state elec- 
tion in the current year the following question: — "Shall 
party primaries for the nomination of candidates to be voted 
for at city elections be held in this city?" If a majority of 
the votes in answer to said question is in the affirmative, 
section one of this act shall thereupon take effect and can- 
didates thereafter to be voted for at city elections in said 
city shall be nominated in municipal primaries held in ac- 
cordance with the provisions of sections twenty-three to 
forty, and fifty-six to sixty-four, both inclusive, of chapter 
fifty-three of the General Laws; otherwise said section one 
shall be void and of no effect. Approved March 7, 1938. 

An Act relative to the corporate powers of the (jfiQp 77 

MUTUAL help SOCIETY S. CROCE DI MAGLIANO CORPORA- 
TION OF BROCKTON. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-nine of the acts of 
nineteen hundred and thirty-six is hereby amended by strik- 
ing out, in the fourteenth line, the words "designated in 
section forty-five" and inserting in place thereof the words: 

— operating under section fortj'-six, — so as to read as fol- 
lows: — The Mutual Help Society S. Croce Di Magliano 
Corporation of Brockton, a corporation duly established 
under general law, may, in the event of the death of a mem- 
ber, pay a death or funeral benefit limited to not more than 
five hundred dollars, and may, in the event of the death of 
the wife of a member, pay to said member not more than 
two hundred 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 corpora- 
tion, 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 socie- 
ties operating under section forty-six of chapter one hun- 
dred and sevent3^-six of the General Laws. 

Approved March 7, 1938. 

An Act relative to the corporate powers op the (Jhav 78 

ITALIAN mutual HELP SOCIETY ARTILLERY CORPORATION 
OF BROCKTON. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-seven of the acts of 
nineteen hundred and thirty-six is hereby amended by strik- 
ing out, in the fourteenth line, the words "designated in 
section forty-five" and inserting in place thereof the words: 

— operating under section forty-six, — so as to read as fol- 
lows : — The Italian Mutual Help Society Artillery Corpo- 



54 Acts, 1938. — Chaps. 79, 80. 

ration 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 
hundred dollars, and may, in the event of the death of the 
wife of a member, pay to said member not more than two 
hundred 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 corpora- 
tion, 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 
operating under section forty-six of chapter one hundred 
and seventy-six of the General Laws. 

Approved March 7, 1938. 

ChaV 79 ^^ ^^'^ AUTHORIZING THE TOWN OF ROCKPORT TO CONVEY 
TO THE HEIRS OF LILLIE M. BARTLETT A PORTION OF OLD 
GARDEN BEACH LANDING, SO CALLED, IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Rockport is hereby authorized 
to convey to Nelson F. Bartlett, Howard M. Bartlett, Helen 
Maria Nesbit, Randolph Bartlett, Margarita B. Hitchcock, 
heirs of Lillie M. Bartlett, deceased, late of Maiden, in the 
commonwealth of Massachusetts, such portion or portions 
of Old Garden Beach Landing, so called, in said town as 
may be determined by the board of selectmen of said town 
to be included within the description of the property con- 
veyed to said Lillie M. Bartlett by a deed of George W. 
Harvey, as trustee or otherwise, dated November twenty- 
ninth, nineteen hundred and twenty-six, and recorded with 
Essex South District registry of deeds in book twenty-seven 
hundred and nine, page three hundred and sixty-nine, the 
entire property having since been used and occupied by said 
Bartlett and her heirs-at-law. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the inhabitants of said town at a town 
meeting held during the current year. 

Approved March 7, 1938. 

ChaV 80 ^'^ ^^'^ RELATIVE TO THE ANNUAL OBSERVANCE OF EVACUA- 

TION DAY, SO CALLED. 

Emergency Wkereos, 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: 

Ed^'e^new Chapter six of the General Laws is hereby amended by 

section'i2K, inserting after section twelve J, inserted by chapter twenty- 
added. ^^^ ^£ ^j^g ^^^g q£ nineteen hundred and thirty-eight, the 



Acts, 1938. — Chaps. 81, 82. 55 

following new section: — Section 12K. The governor shall Ev^acuation 
annually issue a proclamation setting apart March seven- 
teenth as Evacuation Day and recommending that it be 
observed by the people with appropriate exercises in the 
public schools and otherwise, as he may see fit, to the end 
that the first major militax}^ victory in the war for American 
independence, namely, the evacuation of Boston by the 
British, may be perpetuated. Approved March 9, 1938. 

An Act extending the time during which co-operative (J}iaj) 81 

BANKS MAY BORROW FROM ANY SOURCE FOR THE PURPOSE 
OF MAKING REAL ESTATE LOANS. 

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: 

Chapter one hundred and ninety-five of the acts of nine- 
teen hundred and thirty-six is hereby amended by striking 
out, in the second line, the word "two" and inserting in place 
thereof the word : — four, — so as to read as follows : — 
Any co-operative bank established under the laws of the 
commonwealth may within four 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 March 9, 1938. 

An Act relative to the issuance and renewal of cer- Qfiav, 82 

TAIN TEMPORARY LOANS IN ANTICIPATION OF FEDERAL 
GRANTS. 

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: 

If a county, city, town or district shall have an agreement 
with the federal government whereby such government 
grants such countj^ citj'-, town or district a sum of money 
to be used with funds provided by said county, city, town or 
district for a public works project, and shall be required 
primarily to pay that portion of the expense for which reim- 
bursement is to be received from the grant, the treasurer of 
such county, city, town or district, with the approval of the 



56 



Acts, 1938. — Chap. 83. 



county commissioners, mayor, selectmen, prudential com- 
mittee or commissioners, as the case maj^ be, in anticipation 
of the receipt of the proceeds of such grant, may incur debt, 
which, in the case of a city or town, shall be outside the debt 
limit, to an amount not exceeding the amount of the grant 
as shown by the grant agreement, and may issue notes 
therefor, payable in not exceeding one year from their dates. 
Any loan issued under this act 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 
proceeds of the grant, so far as necessary, shall be applied 
to the discharge of the loan. Approved March 9, 1938. 



Chap. 83 An Act relative to priority as between conditional 

VENDORS OF PERSONAL PROPERTY AND BAILEES OF CON- 
DITIONAL VENDEES THEREOF. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 255. § 35, 
amended. 



Priority of 
certain liens. 



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 thirty-five of chapter two hundred 
and fifty-five of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by striking out, in 
the fifth and sixth lines, the words "provided, that the 
property was delivered to the bailee prior to the breach of 
any condition of the sale or lease" and inserting in place 
thereof the words: — except that the lien of such a bailee on 
property delivered to him subsequent to the breach of a 
condition of the sale or lease shall not prevail if the con- 
ditional vendor or lessor or person claiming under him 
makes demand in writing on the bailee for the property 
within ninety days from the date of the bailment, — so as 
to read as follows : — Section 35. As against a conditional 
vendor or lessor, or person claiming under him, the lien of a 
bailee of the vendee or lessee or person claiming under him 
on property exceeding twenty dollars in value, for consider- 
ation furnished, without actual notice of the conditional sale 
or lease, shall prevail; except that the lien of such a bailee 
on property delivered to him subsequent to the breach of a 
condition of the sale or lease shall not prevail if the con- 
ditional vendor or lessor or person claiming under him makes 
demand in writing on the bailee for the property within 
ninety days from the date of the bailment. 

Section 2. This act shall apply only in cases of bailments 
of personal property on or after its effective date. 

Approved March 9, 1938. 



Acts, 1938. — Chaps. 84, 85. 57 



An Act relative to the eight word statement author- (JJidj) 34 

IZED TO BE PLACED ON NOMINATION PAPERS AND BALLOTS 
FOR STATE, CITY AND TOWN PRIMARIES. 

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 convenience. 

Be it enacted, etc., as follows: 

The first paragraph of section forty-five of chapter fifty- g. l. (Ter. 
three of the Genei-al Laws, as appearing in chapter twenty- ftc'.!'amendtd'. 
two of the acts of nineteen hundred and thirty-six, is hereby 
amended by inserting after the word "held" in the eighth line 
the following: — , showing clearly that he is a former in- 
cumbent thereof if such is the case, — so as to read as 
follows : — Every nomination paper shall state, in addition Nomination 
to the name of the candidate, (1) his residence, with street ^^^^P^f'"''''' 
and number thereof, if any, (2) the office for which he is 
nominated, (3) the political party whose nomination he 
seeks, and, except for candidates for state, ward and town 
committees and delegates to conventions the paper may 
state, in not more than eight words, the public offices which 
he holds or has held, showing clearly that he is a former 
incumbent thereof if such is the case, and, if he is an elected 
incumbent of an office for which he seeks renomination, that 
he is a candidate for such renomination. 

Approved March 9, 1938. 

An Act providing that applications for transient QfiQ^jy 35 
vendors' licenses shall contain irrevocable power ^' 

of attorney for service of process, and providing 
for service of such process. 

Be it enacted, etc., as follows: 

Chapter one hundred and one of the General Laws is g. l. (Ter. 
hereby amended by inserting after section six, as appearing nelv^'siction 
in the Tercentenary Edition, the following new section: — 6A, added. 
Section 6 A. Every application under sections three to five, Transient 
inclusive, for a transient vendor's license shall contain an vendors. 
irrevocable power of attorney, in such form as the director 
may prescribe, constituting and appointing, in case the 
license applied for is issued, the director, or his successors in 
office, the true and lawful attorney of the applicant upon 
whom may be served all lawful process in any action or service of 
proceeding against him growing out of the transaction of process on. 
business by him within this commonwealth under the license, 
and containing an agreement that any process against him 
which is so served shall, if he is notified of such service as 
hereinafter provided, be of the same legal force and vaUdity 
as if served on him personally and that the mailing by the 
director of a copy of such process to him at his last address 



58 Acts, 1938. — Chap. 86. 

as appearing on the director's records shall be sufficient 
notice to him of such service. Service of such process shall 
be made by leaving duplicate copies thereof with a fee of two 
dollars in the hands of the director, or in his office, and the 
director shall forthwith send one of said copies by mail, 
postage prepaid, addressed to the defendant at his last 
address as appearing on the director's records; and an 
affidavit of the director, or of any person authorized by him 
to send such copy, that such copy has been so mailed shall 
be prima facie evidence thereof. One of the duplicates of such 
process, certified by the director as having been served upon 
him, shall be sufficient evidence of service upon him under 
said power of attorney. The court in which the action is 
pending may order such continuances as may be necessary 
to afford the defendant reasonable opportunity to defend 
the action. Approved March 9, 1938. 

Chap. 86 An Act authorizing the city of chicopee to pay annui- 
ties TO the widow and certain children of henry 

HOULIHAN, A FORMER FOREMAN IN THE HIGHWAY DEPART- 
MENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the city of Chicopee may make the following payments 
on account of the death of Henry Houlihan, a former foreman 
in the highway department of said city who, after more than 
thirty years of service in the employ of said city, died from 
injuries received while in the performance of his duty: — 

To his widow, so long as she remains unmarried, ten 
dollars each week for her own use and, so long as any child 
of said Houlihan is under the age of eighteen, or over said 
age and physically or mentally incapacitated from earning, 
such a child being hereinafter referred to as a dependent 
child, two dollars each week for the benefit of each such 
child ; 

To or for the benefit of any dependent child or dependent 
children of said Houlilian surviving said widow in case she 
dies, so long as there is any such child, an amount equal to 
that which would have been paid hereunder if said widow 
were alive and had not remarried, such amount to be payable 
in equal shares to such children, if more than one; 

In the event that said widow remarries, to or for the 
benefit of each dependent child of said Houlihan, so long as 
there is any such child, three dollars each week. 

Payments under this act shall not exceed, in the aggregate, 
sixty-four hundred dollars. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
said city, subject to the provisions of its charter. 

Approved March 9, 1938. 



Acts, 1938. — Chaps. 87, 88. 59 



An Act relative to the use of certain election dis- Chav 87 

TRICTS IN THE CITY OF MELROSE. 

Be it enacted, etc., as follows: 

Section 1. The wards established in the city of Melrose 
in the year nineteen hundred and thirty-four as authorized 
by section one of chapter fifty-four of the General Laws, 
and the precincts established in said city in the year nine- 
teen hundred and thirty-five or which may be subsequently 
established therein as authorized and directed by sections 
two and three of said chapter fifty-four, shall be used for 
all primaries and elections held in said city, and for such 
purposes election officers shall be appointed and voting lists 
shall be prepared and all other things required by law shall 
be done in accordance with the lines of the wards and precincts 
so established, notwithstanding the provisions of section four 
of said chapter fifty-four; provided, that upon a redivision of 
said city into wards under said section one the provisions 
of said section four shall apply therein. The appointment 
of election officers for said city in the year nineteen hundred 
and thirty-seven and the voting lists therein prepared in said 
year in accordance with the lines of the wards and precincts 
heretofore established as aforesaid are hereby ratified and con- 
firmed and shall have the same effect and validity as though 
said appointments and the preparation of said lists in the 
manner aforesaid were then authorized by law. 

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

Approved March 15, 1938. 

An Act further regulating investments by the trus- (JJidy eg 
tees of the ministerial fund in the first parish in 
cambridge. 

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. Chapter two hundred and sixty-four of the 
acts of eighteen hundred and eighty-five is hereby amended 
by striking out section one and inserting in place thereof 
the following: — Section 1. The Trustees of the Ministerial 
Fund in the First Parish in Cambridge, incorporated under 
chapter seventy-four of the acts of eighteen hundred and 
sixteen, are hereby authorized to deposit all or any part of 
the monies belonging to said fund in savings banks and 
institutions for savings in this commonwealth, and to in- 
vest all or any part of such monies in shares of co-operative 
banks in this commonwealth and in such securities as from 
time to time shall be legal investments for deposits and the 



60 Acts, 1938. — Chaps. 89, 90, 91. 

income derived therefrom of savings banks and institutions 
for savings therein, and not otherwise. 

Section 2, Nothing in this act shall be deemed to af- 
fect the validity of an}^ investment of the monies of said fund 
made by said trustees prior to the effective date of this act. 

Approved March 15, 1938. 

Chap. 89 An Act relative to laying out, altering, and discon- 
tinuing WAYS IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and sixty-four of the 
acts of eighteen hundred and ninety-one is hereby amended 
by striking out section sixteen and inserting in place thereof 
the following: — Section 16. The city council shall have the 
authority, subject to the veto power of the mayor, to lay 
out, alter, discontinue or fix the grade of any highway, 
street or town way, and to take land therefor and for the 
construction of public drains and common sewers. Nothing 
in this section shall be construed to exclude the jurisdiction 
of the county commissioners in respect to highways, streets 
and town ways in the city of Cambridge. 

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

Approved March 15, 1938. 

Chap. 90 An Act authorizing the town of nantucket to appro- 
priate money to provide facilities for holding in 

SAID TOWN A convention OF THE CATHOLIC ORDER OF 
FORESTERS. 

Be it enacted, etc., as follows: 

Section 1. The town of Nantucket may appropriate a 
sum of money not exceeding fifteen hundred dollars for the 
purpose of providing proper facilities for public entertain- 
ment at the time of the convention of the Catholic Order 
of Foresters to be held in said town during the current year, 
and of paying expenses incidental to such entertainment. 
The money so appropriated by the town shall be expended 
under the direction of the board of selectmen. 

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

Approved March 15, 1938. 

Chap. 91 An Act subjecting the office of superintendent of 

state aid of the city of LOWELL TO THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of state aid of 
the city of Lowell 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, but the 



Acts, 1938. — Chaps. 92, 93. 61 

person holding said office on said effective date may con- 
tinue to serve therein without taking a civil service exami- 
nation. 

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

Approved March 15, 1938. 

An Act further regulating the licensing and keeping QJiQp 92 

OF dogs. 

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'jas/eu-*.. 
thirty-eight, as amended by section four of chapter three amended. 
hundred and twenty of the acts of nineteen hundred and 
thirty-four, and inserting in place thereof the following : — 
Section 138. A person who after April first in any year be- Licensing 
comes the owner or keeper of a dog which is not duly licensed, oFdogs?^'"^ 
and the owner or keeper of a dog when it becomes three 
months old after March thirty-first in any year, shall cause 
it to be registered, numbered, described, licensed, collared 
or harnessed and tagged as required by section one hundred 
and thirty-seven. A person who after April first in any year 
becomes the owner or keeper of a dog which is duly licensed 
in the town where kept shall forthwith give notice in writing 
to the clerk of such town, or if kept in Boston to the police 
commissioner, that he has become such owner or keeper, 
and said clerk or said police commissioner, as the case may 
be, shall change the record of such license to show the name 
and address of the new owner or keeper. 

Approved March 15, 1938. 

An Act relating to the granting of loans by certain Chap. 93 

FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

Section sixteen of chapter one hundred and seventy-six g l. (Ter 
of the General Laws, as appearing in the Tercentenary amended." 
Edition, is hereby amended by inserting after the word 
"protection" in the fourteenth line the following: — or such 
loans on any certificate of membership, — so as to read as 
follows: — Section 16. Any society which shows by the an- Loans, ex- 
nual valuation hereinafter provided for that it is accumu- paid-'\fp°'^ 
lating and maintaining the tabular reserve required by a protection, 
table of mortality not lower than the National Fraternal 
Congress Table of Mortality as adopted by the National 
Fraternal Congress August twentj'--third, eighteen hundred 
and ninety-nine and four per cent interest, and which 
has provided for stated periodical mortuary contributions 
based on said standard, or which shows that its stated peri- 
odical mortuary contributions for the period of the five 
years next preceding, at rates at no time higher than those 
in use following said period, were sufficient to pay the actual 



62 



Acts, 1938. — Chap. 94. 



claims and maintain the aforesaid reserve for said period 
without recourse to the reserves released by the lapsing of 
certificates, and without falling below said standard for SLny 
two consecutive years of said period, may grant to its mem- 
bers such extended or paid-up protection or such loans on 
any certificate of membership or such withdrawal equities 
as its constitution and by-laws may provide; provided, that 
such grants shall be equitable, and shall in no case exceed 
in value the portion of the reserve derived from the pay- 
ments of the individual members to whom they are made. 

Approved March 15, 1938. 



G. L. (Ter. 
Ed.), 176. 
§ 23, etc., 
amended. 



Chap. 94 An Act relating to the granting of death benefits 

ON LIVES OF CHILDREN BY CERTAIN FRATERNAL BENEFIT 
SOCIETIES. 

Be it enacted, etc., as follows: 

Section twenty-three of chapter one hundred and seventy- 
six of the General Laws, as amended by chapter forty-six 
of the acts of nineteen hundred and thirty-two, is hereby 
further amended by striking out all after the colon in the 
fourteenth line and inserting in place thereof the follow- 
ing: — one, one hundred dollars; two, two hundred dollars; 
three, three hundred dollars; four, four hundred dollars; 
five, five hundred dollars; six, six hundred dollars; seven, 
seven hundred dollars; eight, eight hundred dollars; nine, 
nine hundred dollars; ten to eighteen years, where not 
otherwise authorized by law, one thousand dollars, — so 
as to read as follows : — Section 23. Any society operating 
on the lodge system may provide in its constitution and by- 
laws, in addition to other benefits provided for therein, for 
the payment of death, endowment or annuity benefits upon 
the lives of children between the ages of one and eighteen 
years at the next birthday. Any such society may at its 
option organize and operate branches for such children, and 
membership in local lodges and initiation therein shall not 
be required of such children, nor shall they have any voice 
in the management of the society. The total death benefits 
payable as above provided shall in no case exceed the fol- 
lowing amounts at ages at the next birthday after death, 
respectively, as follows: one, one hundred dollars; two, two 
hundred dollars; three, three hundred dollars; four, four 
hundred dollars; five, five hundred dollars; six, six hundred 
dollars; seven, seven hundred dollars; eight, eight hundred 
dollars; nine, nine hundred dollars; ten to eighteen years, 
where not otherwise authorized by law, one thousand dollars. 

Approved March 15, 1938. 



Certain death 
benefits 
payable by 
fraternal bene- 
fit societies. 



Acts, 1938. — Chaps. 95, 96. 63 



An Act prohibiting the removal of certain gasoline (JJiav. 95 

TANKS WITHOUT A PERMIT. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-eight of the General Laws o. l. (Ter. 
is hereby amended by inserting after section thirty-eight, as ne^^v gectwn 
appearing in the Tercentenary Edition, the following new ■'^sa. added, 
section: — Section 38 A. No underground tank which has RemOTaiof 
been used for the keeping or storage of gasoline shall be re- fanks"^ 
moved or relocated unless a permit therefor shall first have 
been obtained from the state fire marshal or the official desig- 
nated by him to grant permits in the city or town where 
such tank is located. Approved March 15, 1938. 

An Act further regulating the issuance of motor Chap. 96 

VEHICLE JUNK LICENSES AND PERMITS, SO CALLED. 

Be it enacted, etc., as follows: 

Section fifty-nine of chapter one hundred and forty of the g. l. (Ter. 
General Laws, as amended by section one of chapter two flg.'Jtt^,' 
hundred and fifty-four of the acts of nineteen hundred and amended, 
thirty-four, is hereby further amended by inserting after 
the word "made" in the eighteenth line the following new 
sentence : — No license or permit shall be issued hereunder 
to a person within said class three until after a hearing, of 
which seven days' notice shall have been given to the owners 
of property abutting on the premises where such license or 
permit is proposed to be exercised, — so as to read as fol- 
lows: — Section 59. The police commissioner in Boston and Motor vehicle 
the licensing authorities in other cities and towns may grant Indpermfts^ 
licenses under this section which shall expire on January 
first following the date of issue unless sooner revoked. The 
fees for the licenses shall be fixed by the licensing board or 
officer, but in no case shall exceed fifty dollars. The license 
shall specify all the premises to be occupied by the licensee 
for the purpose of carrying on the licensed business. Permits 
for a change of situation of the licensed premises or for addi- 
tions thereto may be granted at any time by the licensing 
board or officer in writing, a copy of which shall be attached 
to the license. Cities and towns by ordinance or by-law 
may regulate the situation of the premises of licensees within 
class three of section fifty-eight, and all licenses and permits 
issued hereunder to persons within said class three shall be 
subject to the provisions of ordinances and by-laws which 
are hereby authorized to be made. No license or permit 
shall be issued hereunder to a person within said class three 
until after a hearing, of which seven days' notice shall have 
been given to the owners of property abutting on the prem- 
ises where such license or permit is proposed to be exercised. 
All licenses granted under this section shall be revoked by 
the licensing board or officer if it appears, after hearing, that 
the licensee is not complying with sections fifty-seven to 



64 



Acts, 1938. — Chaps. 97, 98. 



sixty-nine, inclusive, or the rules and regulations made 
thereunder; and no new license shall be granted to such per- 
son thereafter, nor to any person for use on the same prem- 
ises, without the approval of the registrar of motor vehicles, 
in sections fifty-nine to sixty-six, inclusive, called the regis- 
trar. The hearing may be dispensed with if the registrar 
notifies the licensing board or officer that a licensee is not 
so complying. Approved March 15, 1938. 



G. L. (Ter. 
Ed.), 46, 
§ 13, etc., 
amended. 



Chap. 97 An Act to provide for the receipt by city and town 

CLERKS OF CERTIFIED COPIES OF JUDICIAL DECREES OF 
ADOPTION OF CHILDREN OF LEGITIMATE BIRTH. 

Be it enacted, etc., as follows: 

Section thirteen of chapter forty-six of the General Laws, 
as most recently amended by chapter sixty-three of the 
acts of the current year, is hereby further amended by in- 
serting after the word "decree" the first time it occurs in 
the nineteenth line, as appearing in the Tercentenary Edi- 
tion, the following: — , or if a person of legitimate birth shall 
have been adopted by judicial decree, — so that the para- 
graph contained in the eighteenth and nineteenth hnes, as 
so appearing, will read as follows : — 

If a person of illegitimate birth shall have acquired a new 
name by judicial decree, or if a person of legitimate birth 
shall have been adopted by judicial decree, the town clerk 
shall receive a certified copy of such decree. 

Approved March 15, 1988. 



Amendment 
of birth 
records, etc. 



Chap. 



G. L. (Ter. 
Ed.), 135, ^ 
amended. 



Sale of 

abandoned 

property. 



gg An Act relative to the time within which disposition 

MAY be made of PROPERTY THAT HAS BEEN STOLEN, LOST, 
ABANDONED, OR TAKEN FROM A PERSON UNDER ARREST, 
AND HAS COME INTO THE POSSESSION OF A MEMBER OF A 
POLICE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and 
thirty-five of the General Laws, as appearing in the Tercen- 
tenary Edition, is hereby amended by striking out, in the 
second line, the word "six" and inserting in place thereof 
the word: — two, — so as to read as follows: — Section 8. 
If such property remains unclaimed in the possession of 
such police department or member thereof for two months 
and the owner thereof or his place of abode or business is 
unknown, or if the owner and his place of abode or business 
are known and the owner, after receipt by registei'ed mail of 
a written notice from such department or member to take 
possession of said property, refuses or fails for a period of 
ten days following said receipt so to do, such department 
may sell the same, excepting money unclaimed, by public 
auction, notice of the time and place of sale, with a descrip- 
tion of the property to be sold, first being given by pubhsh- 



Acts, 1938. — Chap. 99. 65 

ing the same once in each of three successive weeks in a 
newspaper published in such city. 

Section 2. Section eleven of said chapter one hundred G.h. (Ter ^^ 
and thirty-five, as so appearing, is hereby amended by strik- amended.' 
ing out, in the first Hne, the word "six" and inserting in 
place thereof the word : — two, — so as to read as follows : 

— Section 11. If, within two years and two months after Payment to 
such money has come into the possession of a member of o^^er. 
the police department of a city or within two years after such 

sale of other property, the owner claims and proves owner- 
ship thereof, the unclaimed balance of such money or the 
proceeds of such sale, after deducting all reasonable charges 
and expenses, shall be paid to him, upon the order of the 
head of such department. 

Section 3. Section nine of said chapter one hundred and g^^. |Ter ^ 
thirty-five, as so appearing, is hereby amended by striking amended.' 
out, in the fourth line, the word "six" and inserting in 
place thereof the word : — two, — so as to read as follows : 

— Section 9. Such property, if perishable or liable to de- Property, if 
teriorate greatly in value by keeping or the value of which how^soid.''' 
will probably be less than the expense of keeping the same, 

may be sold by public auction within said two months in 
accordance with the rules of the department, reasonable 
notice of the time and place of sale first being given by 
publishing the same in a newspaper published in such city. 

Approved March 15, 1938. 

An Act relative to certain restrictions with respect QJidj) 99 
TO licenses for the erection and use of buildings 

AND other structures FOR STORING, MANUFACTURING 
AND SELLING CERTAIN EXPLOSIVES AND INFLAMMABLE 
MATERIALS. 

Be it enacted, etc., as follows: 

The last paragraph of section thirteen of chapter one g. l. (Ter. 
hundred and forty-eight of the General Laws, as most re- S^:|'amfAdld.^' 
cently amended by section one of chapter three hundred 
and ninety-four of the acts of nineteen hundred and thirty- 
six, is hereby further amended by striking out, in the tenth 
and eleventh lines, the words "three years" and inserting 
in place thereof the words: — one year, — so as to read as 
follows: — Any person aggrieved by the granting of a H cense Licenses for 
hereunder on the ground that the exercise thereof would explosives.''*''^ 
constitute a fire or explosion hazard may, within ten days 
after the granting thereof, appeal to the marshal who, after 
notice and hearing, shall finally determine whether such a 
hazard would result. If, in his opinion, such a hazard would 
result, he shall notify the authority granting the license, 
and such notice, when received by such authority shall con- 
stitute a revocation of such license and no further license 
for the same or similar use of the same land shall be granted 
within one year after the receipt by such authority of such 
notice. Approved March 15, 1938. 



66 Acts, 1938. — Chaps. 100, 101. 



Chap. 100 An Act authorizing the county of barnstable to estab- 
lish AND MAINTAIN A RADIO BROADCASTING STATION. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Barnstable 
county are hereby authorized to establish and maintain a 
radio broadcasting station for use in police work and for 
the promotion and preservation of the public safety. Said 
broadcasting station shall be operated under the direction 
of the sheriff of said county, who shall employ as operators 
only such persons as are qualified under the rules and regula- 
tions of the federal communications commission or its suc- 
cessor. 

Section 2. For said purposes said county commissioners 
may expend such sums as may be appropriated therefor; 
provided, that in the current year they may expend not 
exceeding seven thousand dollars, which sum shall be included 
in the county appropriation act for the current year. 

Section 3. This act shall take full effect upon its accept- 
ance during the current year by the county commissioners 
of Barnstable county, but not otherwise. 

Approved March 15, 1938. 

Chap. 101 An Act authorizing the county commissioners of Bristol 

COUNTY TO ERECT AND EQUIP AN ADDITION TO A BUILDING 
AT THE BRISTOL COUNTY AGRICULTURAL SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Bristol county 
are hereby authorized, subject to the approval of the com- 
missioner of education, to raise and expend a sum not 
exceeding fifty-five thousand dollars for the erection and 
equipment of an addition to a building at the Bristol county 
agricultural school. In the preparation of plans and specifica- 
tions and before any contract is awarded or other liability 
is incurred, except such as may be necessary in connection 
with such preparation of plans and specifications, said 
commissioners shall consult with the trustees of said school 
and with the commissioner of education. All sums, if any, 
received from the federal government for the purposes of 
this act, shall be included in, and considered as a part of, 
the total amount authorized to be expended hereunder. 

Section 2. The provisions of chapter three hundred 
and sixty-six of the acts of nineteen hundred and thirty- 
three, and acts in amendment thereof and in addition thereto 
whereby counties, cities and towns, and fire, water, light 
and improvement districts may secure the benefits provided 
by any act or joint resolutions of congress, are hereby ex- 
tended and made applicable to the county of Bristol for the 
purposes of the work contemplated by this act, and the 
county commissioners of said county shall, with the consent 
of the governor, take any and all steps necessary from time 
to time to enable Bristol county to secure for said purposes 



Acts, 1938. — Chap. 102. 67 

any benefits to which said county may be entitled under 
any such act or joint resolutions. 

Section 3. To provide funds for erecting and equipping 
the addition hereinbefore authorized, the county treasurer 
of Bristol county, with the approval of said county com- 
missioners, may borrow from time to time on the credit of 
the county such sums, not exceeding, in the aggregate, fifty- 
five thousand dollars, as may be necessary, and may issue 
bonds or notes therefor, which shall bear on their face 
the words, Bristol County Agricultural School Loan, Act of 
1938. Each authorized issue shall constitute a separate 
loan. Such bonds or notes shall be payable in such annual 
payments, beginning not more than one year from the date 
thereof, as will extinguish each loan in not more than fifteen 
years from their dates, and so that the amount of such 
annual paj^ment in any year shall not be less than the amount 
of the principal of the loan payable in any subsequent year. 
Such bonds or notes shall be signed by the treasurer of the 
county and countersigned by a majority of said county 
commissioners. The county may sell said securities at public 
or private sale upon such terms and conditions as said 
county commissioners may deem proper, but not for less 
than their par value. Indebtedness incurred under this act 
shall, except as herein provided, be subject to chapter thirty- 
five of the General Laws. 

Any sums received from the federal government for the 
purposes of this act may be applied toward payment either 
of the expenditures authorized by section one of this act 
or of the principal of the bonds or notes hereby authorized. 

Section 4. The county treasurer of Bristol county, with 
the approval of said county commissioners, may issue tem- 
porary notes of the county, payable in not more than one year 
from their dates, in anticipation of the issue of serial bonds 
or notes under this act, and may renew the same; but the 
time within which such serial bonds or notes shall become 
due and paj^able shall not, by reason of such temporary notes, 
be extended beyond the time fixed by this act. Any notes 
issued in anticipation of the serial bonds or notes shall be 
paid from the proceeds thereof or from grants or contributions 
received under authority of this act, or from all such sources. 

Section 5. This act shall take full effect upon its accept- 
ance during the current year by the county commissioners 
of Bristol county, but not otherwise. 

Approved March 15, 1938. 

An Act extending the provisions of the workmen's C/iai). 102 

COMPENSATION LAW TO EMPLOYEES OF INDEPENDENT CON- 
TRACTORS AND SUB-CONTRACTORS INJURED ON THE PUB- 
LIC WAYS. 

Be it enacted, etc., as follows: 

Section eighteen of chapter one hundred and fifty-two of ^^^- j^Jl'"-. jg 
the General Laws, as appearing in the Tercentenary Edi- amendecj.' 



68 



Acts, 1938. — Chaps. 103, 104. 



"Premises' 
defined. 



tion, is hereby amended by adding at the end the following 
new sentence: — The word "premises", as used in this sec- 
tion, shall include the public highways if the contract re- 
quires or necessitates the use of the public highways. 

Approved March 15, 1938. 



Chap. 103 An Act providing for the keeping of certain inflam- 
mable FLUIDS IN MOTOR VEHICLES IN CERTAIN PRIVATE 
GARAGES WITHOUT A LICENSE. 

Be it enacted, etc., as follows: 

Section fourteen of chapter one hundred and forty-eight 
of the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by adding at the end the follow- 
ing: — , or to any private garage not in existence on said 
July first which is an appurtenance to a dwelling and in which 
not more than three automobiles or motor vehicles are kept, 
— so as to read as follows: — Section 14-. Gasohne or any 
other volatile inflammable fluid which emits a vapor at a 
temperature below one hundred degrees Fahrenheit when 
tested in the open air shall, when in any motor vehicle which 
is in a building or other structure, be deemed to be kept in 
such building or other structure within the meaning of the 
preceding section; provided, that this section shall not apply 
to any building in existence on July first, nineteen hundred 
and eleven, in which not more than two automobiles or motor 
vehicles are kept, if such building or part thereof is not used 
either for human habitation or for holding gatherings of 
more than twenty persons, or for giving entertainments, in- 
struction or employment to more than that number, or to 
any private garage not in existence on said July first which 
is an appurtenance to a dwelling and in which not more 
than three automobiles or motor vehicles are kept. 

Approved March 15, 1938. 



G. L. (Ter. 
Ed.). 148, § 14, 
amended. 



Storage of 
gasoline in 
motor vehicles 
regulated. 



Chap. 104: An Act further regulating the procedure of the 

BOARD OF aldermen OF THE CITY OF SOMERVILLE RELA- 
TIVE TO ORDINANCES, ORDERS AND RESOLUTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter two hundred and 
forty of the acts of eighteen hundred and ninety-nine is 
hereby amended by striking out, in the sixth line, the word 
"five" and inserting in place thereof the word: — three, — 
so as to read as follows: — Section 15. Any ordinance, 
order or resolution of the board of aldermen may be passed 
through all its stages of legislation at one session, provided 
that no member of said board objects thereto; but if one or 
more members object the measure shall be postponed for 
that meeting; and if when it is next brought up three or 
more members object to its passage at that meeting a second 
postponement of at least one week shall take place. 



Acts, 1938. — Chaps. 105, 106. 69 

Section 2. This act shall take full effect upon its ac- 
ceptance 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 March 15, 1938. 



Chap.105 



An Act to authorize the placing of the office of 
superintendent of city scales of the city of lowell 
under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of city scales 
of the city of Lowell shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations, and the tenure of office of any incumbent thereof 
shall be unlimited, subject, however, to such laws; but the 
person holding said office on said effective date may con- 
tinue to serve as such superintendent without taking a civil 
service examination. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Lowell at the biennial 
state election in the current year in the form of the following 
question which shall be placed upon the official ballot to be 
used in said city at said election: — "Shall an act passed 
by the general court in the year nineteen hundred and thirty- 
eight, entitled 'An Act to authorize the placing of the office 
of superintendent of city scales of the City of Lowell under 
the Civil Service Laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved March 15, 1938. 



An Act to authorize the placing of the office of chief fhnjy i ha 
OF police of the tow^n of bellingham under the "* 

CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Bellingham shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but 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 tow^n at the annual town meeting in the year nineteen 
hundred and thirty-nine 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 hundred and thirty-eight, entitled 'An Act to 



70 Acts, 1938. — Chaps. 107, 108. 

authorize the placing of the office of Chief of Pohce of the 
Town of Bellingham under the Civil Service Laws', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved March 15, 1938. 



Chap. 107 An Act designating the city marshal of the police 

DEPARTMENT OF THE CITY OF HAVERHILL AS CHIEF OF 
THE POLICE DEPARTMENT OF SAID CITY, AND AUTHORIZING 
THE PLACING OF THE OFFICE OF SAID CHIEF UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The city marshal of the police department 
of the city of Haverhill shall hereafter be designated as the 
chief of the police department of said city. 

Section 2. The office of chief of the police department 
of the city of Haverhill 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 per- 
manent members of police departments of cities, and the 
tenure of office of any incumbent thereof shall be unlimited, 
except that he may be removed in accordance with such 
laws and rules and regulations, but the person holding said 
office on said effective date may continue to serve as such 
without taking a civil service examination. 

Section 3. This act shall be submitted to the registered 
voters of said city at the municipal election in the current 
year in the form of the following question, which shall be 
placed upon the official ballot to be used at said election: 
"Shall an act of the General Court passed in the j^ear nine- 
teen hundred and thirty-eight, entitled 'An Act designating 
the City Marshal of the Police Department of the City of 
Haverhill as Chief of the Police Department of Said City, 
and authorizing the placing of the Office of Said Chief under 
the Civil Service Laws', be accepted?" If a majority of 
the votes in answer to said question is in the affirmative, 
this act shall thereupon take full effect, but not otherwise. 

Approved March 15, 1938. 



Chap. lOS An Act authorizing the department of conservation 
TO co-operate with the federal civilian conserva- 
tion corps in the construction of the middlefield 
dam in the town of middlefield. 

Be it enacted, etc., as follows: 

The department of conservation may expend, subject to 
appropriation, sums not exceeding, in the aggregate, fifteen 
thousand doUars, for the purpose of co-operating with the 
civilian conservation corps of the federal government in the 



Acts, 1938. — Chaps. 109, 110. 71 

construction by said corps of the Middlefield dam on Fac- 
tory brook in the town of Middlefield. 

Approved March 15, 1938. 



C/iap. 109 



An Act authorizing the city of fitchburg to fund 
certain indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds to meet 
certain loans issued in the year nineteen hundred and thirty- 
seven under clause (9) of section eight of chapter forty-four 
of the General Laws, the city of Fitchburg may borrow 
during the current year such sums, not exceeding, in the 
aggregate, one hundred and thirty-five thousand dollars, 
as may be necessary, and may issue bonds or notes therefor, 
which shall bear on their face the words, City of Fitchburg 
Funding Loan, Act of 1938. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be payable in 
not more than five years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory 
limit, but shall, except as herein provided, be subject to said 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved March 17, 1938. 

An Act authorizing the town of Winchester to provide (Jhnrt 1 1 n 

AN emergency water SUPPLY. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing an auxiliary 
water supply for use in times of drought and in case of fire 
or other emergency, the town of Winchester, acting by and 
through its water and sewer board, is hereby authorized, at 
any time and from time to time, to take by eminent do- 
main under chapter seventy-nine of the General Laws, or 
acquire by purchase or otherwise, and hold, the waters, or 
any portion thereof, of any spring or of any ground water 
sources of supply by means of artesian, driven or other wells 
or filter galleries within the town, and the water rights con- 
nected therewith, and to convey the water taken from such 
sources to any part of the town, and also, for such purposes, 
to take by eminent domain under said chapter seventy- 
nine, or acquire by purchase or otherwise, and hold, all 
lands, rights of way and other easements necessary for 
collecting, storing, holding, purifying and treating such 
water and protecting and preserving the purity thereof and 
for conveying the same to any part of said town; provided, 
that no source of water supply and no lands necessary for 
protecting and preserving the purity of the water shall be 
taken or used without first obtaining the advice and approval 



72 Acts, 1938. — Chap. 110. 

of the department of public health, and that the location and 
arrangement of all dams, reservoirs, wells or filter galleries, 
filtration and pumping plants and other works necessary in 
carrying out this act shall be subject to the approval of said 
department. 

Section 2. Said town may lay, construct and maintain 
on any land acquired hereunder all wells, water pipes, con- 
duits, aqueducts, machinery, works or structures, inchiding 
filtration and other treatment works, necessary for taking 
and storing water and conveying, filtering or otherwise 
treating or distributing the same as a part of or as auxiliary 
to its present water supply system authorized by chapter 
two hundred and sixty-five of the acts of eighteen hundred 
and seventy-two, and chapter two hundred and seventy- 
seven of the acts of eighteen hundred and sevent j'-three ; 
and, for the purposes aforesaid, may lay, construct and main- 
tain its conduits, water pipes, aqueducts and other works 
or structures under, over or along any land, water courses, 
railroads, public or other ways in such manner as not un- 
necessarily to obstruct the same, and for the purposes of 
constructing, laying, maintaining, operating and repairing 
such conduits, pipes and other works or structures, 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 or structures within 
the location of any railroad corporation except at such time 
and in such manner as it may agree upon with such corpora- 
tion or, in case of failure so to agree, as may be approved 
by the department of public utilities. 

Section 3. Said town may also enter upon any lands 
within its territorial limits, 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 and use any land 
necessary for the construction of any work or for any other 
purpose authorized by this act. 

Section 4. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water taken or held under this act, or 
injures any structure, work or other property owned, held 
or used by the town under authority of this act, shall 
forfeit and pay to said town three times the amount of the 
damages assessed therefor, to be recovered in an action of 
tort ; and upon being convicted of any of the above wilful or 
wanton acts shall be punished by a fine of not more than 
three hundred dollars or by imprisonment for not more 
than one year. 

Section 5. Any vote of the town meeting members of 
said town at a representative town meeting held in the 
current year authorizing the acquiring of land for the pur- 



Acts, 1938. — Chaps. Ill, 112. 73 

poses of this act or appropriating money therefor shall be 
valid to the same extent as if this act had been in effect before 
the issuance of the warrant for said meeting. 

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

Approved March 17, 1938. 

An Act relative to the application of the motor Chav-l^l 

VEHICLE excise TAX LAW IN RESPECT TO CERTAIN MOTOR 
VEHICLES REGISTERED IN THIS COMMONWEALTH AND IN 
ANOTHER STATE. 

Whereas, The deferred operation of this act would tend pr^f^bk^^ 
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 one of chapter sixty A of the General Laws, as g. l. (Ter. 
amended by sections one and two of chapter three hundred etc., 'amended.' 
and eighty-four of the acts of nineteen hundred and thirty- 
six, is hereby further amended by adding at the end the fol- 
lowing new paragraph : — 

Nothing in this section shall be construed to impose an Excise tax on 
excise tax upon any motor vehicle registered and customarily cars.°^ ^*^*^ 
kept in another state if such other state does not impose an 
excise, privilege or property tax or fee, in addition to a regis- 
tration fee, upon motor vehicles registered and customarily 
kept in this commonwealth. The commissioner shall deter- Exemptions. 
mine what states do not impose such additional excise, privi- 
lege or property tax or fee, and his determination shall be 
final. Approved March 17, 1988. 

An Act authorizing the city of lynn to borrow money Chav 112 

FOR school purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing elementary school buildings, or for either of 
such purposes, and for the purpose of originally equipping 
and furnishing any such new buildings, the city of Lynn 
may borrow from time to time, within five years from pas- 
sage of this act, such sums as may be necessary, not exceed- 
ing, in the aggregate, eight hundred thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Lynn School Loan, Act of 1938. Each au- 
thorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than fifteen years from their 
date, but no issue shall be authorized unless, in the current 
year, there shall have been appropriated from available 
revenue funds or voted to be raised by taxation for said 
school purposes a sum equal to twenty-five cents on each 
one thousand dollars of the assessed valuation of said city 
for the preceding year. Indebtedness incurred under this 



74 



Acts, 1938. — Chap. 113. 



act shall be in excess of the statutory limit and shall, except 
as provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of so much of the proviso in the 
first paragraph of section seven thereof as is incorporated 
herein. 
Section 2. This act shall take effect upon its passage. 

Approved March 17, 1938. 



Chap. 113 An Act relative to the powers and duties of planning 

BOARDS established UNDER THE LAWS PROVIDING FOR 
AN IMPROVED METHOD OF MUNICIPAL PLANNING. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 41. § 81A, 
etc., amended. 



City and town 

Elanning 
oards. 



Powers and 
duties. 



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

Be it enacted, etc., as follows: 

Section eighty-one A of chapter forty-one of the General 
Laws, inserted by section four of chapter two hundred and 
eleven of the acts of nineteen hundred and thirty-six, is 
hereby amended by striking out the last paragraph and 
inserting in place thereof the following : — 

In any city or town wherein any of the powers and duties 
of planning boards or boards of survey are being exercised 
and performed by a planning board established under sec- 
tion seventy or corresponding provisions of earlier laws, or 
by a board of survey established under section seventy- 
three or corresponding provisions of earlier laws or by a 
special act, or by the board of selectmen acting as a plan- 
ning board, or by any other board, all such powers and 
duties shall cease to be so exercised and performed, and 
any such planning board or board of survey shall cease to 
exist, when the members of the planning board established 
in such city or town under this section take office; and 
thereupon the planning board established therein under this 
section shall have and exercise all the powers and duties 
theretofore conferred and imposed by general law upon 
planning boards and boards of survey in cities or towns, as 
the case may be, and all the powers and duties of any such 
board theretofore conferred and imposed by special law 
upon any board of the city or town, as well as the powers 
and duties conferred and imposed by this and the nine fol- 
lowing sections. The officer or person having custody of 
the records or plans, or both, of the former board shall turn 
them over to the officer or person entitled to custody of the 
records and plans of the board established under this section. 

Approved March 17, 1938. 



Acts, 1938. — Chap. 114. 



75 



An Act establishing the basis of apportionment of njidj) 114 



STATE AND COUNTY TAXES 

Whereas, The deferred operation of this act would cause Emergency 
great inconvenience in the determination of local tax rates, p'"«='"°'''^- 
therefore it is hereby declared to be an emergency law, nec- 
essary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

The number of polls, the amount of property and the pro- 
portion of every thousand dollars of state tax, including 
polls at one tenth of a mill each, for each city and town in 
the several counties of the commonwealth, as contained in 
the following schedule, are hereby established, and shall 
constitute a basis of apportionment for state and county 
taxes until another is made and enacted by the general court, 
to wit: 

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

BARNSTABLE COUNTY. 









Tax of $1,000, 








including 


Cities and Towns. 


PoUs. 


Property. 


Polls at one 
tenth of a 
mill each. 


Barnstable 


2,656 


S25,515,208 


$3 60 


Bourne 








1,048 


9,704,334 


1 37 


Brewster . 








226 


2,250,000 


32 


Chatham 








654 


6,625,000 


93 


Dennis 








583 


4,975,000 


71 


Eastham . 








168 


1,400,000 


20 


Falmouth 








2,031 


23,011,356 


3 21 


Harwich . 








790 


6,750,000 


96 


Mash pee . 








121 


947,630 


14 


Orleans . 








431 


4,000,000 


57 


Provincetown 








1,320 


4,309,650 


70 


Sandwich 








456 


2,800,555 


41 


Truro 








164 


1,585,000 


22 


WellHeet . 








248 


2,202,107 


31 


Yarmouth 








650 


6,008,906 


85 


Totals 








11,546 


$102,084,746 


$14 50 



BERKSHIRE COUNTY. 



Adams .... 


3,816 


$10,471,805 


$1 75 


Alford .... 


67 


302,469 


05 


Becket .... 


236 


872,417 


14 


Cheshire .... 


460 


1,206,583 


20 


Clarksburg 


404 


849,248 


15 


Dalton .... 


1,217 


7,593,538 


1 11 



76 



Acts, 1938. — Chap. 114. 

BERKSHIRE COUNTY — Concluded. 









Tax of $1,000, 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Egremont 


167 


$1,011,186 


$0 15 


Florida . 




138 


1,450,000 


20 


Great Barrington 




1,870 


9,250,287 


1 40 


Hancock . 




12G 


450,867 


07 


Hinsdale . 




347 


983,123 


16 


Lanesborough . 




383 


1,254,592 


20 


Lee 




1,221 


4,986,095 


77 


Lenox 




869 


6,065,600 


88 


Monterey 




100 


858,568 


12 


Mount Washington 




22 


225,000 


03 


New Ashford . 




31 


160,599 


02 


New Marlborough 




293 


1,434,934 


22 


North Adams . 




6,447 


22,779,259 


3 62 


Otis 




138 


624,508 


10 


Peru 




51 


300,449 


04 


Pittsfield . 




14,718 


63,786,860 


9 81 


Richmond 




191 


794,728 


12 


Sandisfield 




163 


721,947 


11 


Savov 




115 


175,000 


03 


Sheffield . 




544 


1,533,741 


25 


Stockbridge 




628 


4,740,130 


68 


Tyringham 




74 


457,076 


07 


Washington 




77 


220,899 


04 


West Stockbridge 




315 


1,273,238 


20 


Williamstown . 




1,341 


7,476,199 


1 11 


Windsor . 




117 


477,596 


07 


Totals 




36,686 


$154,788,541 


$23 87 



BRISTOL COUNTY. 



Acushnet 


1,167 


$3,433,444 


$0 57 


Attleboro 




6,606 


26,396,209 


4 11 


Berkley . 




330 


894,488 


15 


Dartmouth 




2,834 


11,997,277 


1 85 


Dighton . 




869 


3,730,676 


57 


Easton 




1,685 


5,198,728 


85 


Fairhaven 




3,207 


11,327,003 


1 80 


Fall River 




33,308 


111,040,333 


17 84 


Freetown 




498 


1,470,819 


24 


Mansfield 




2,001 


7,897,163 


1 23 


New Bedford . 




32,909 


123,284,060 


19 40 


North Attleborough 




3,187 


10,530,807 


1 69 


Norton . 




856 


2,346,933 


39 


Raynham 




639 


1,821,722 


30 


Rehoboth 




817 


2,560,804 


42 


Seekonk . 




1,411 


5,305,127 


83 


Somerset . 




1,633 


13,045,854 


1 87 


Swansea . 




1,332 


4,590,211 


73 


Taunton . 




10,850 


36,463,774 


5 85 


Westport 




1,234 


5,814,162 


88 


Totals 




107,373 


$389,149,594 


$61 57 



Acts, 1938. — Chap. 114. 
county of dukes county. 



Cities and Towns. 



Chilmark 
Edgartown 
Gay Head 
Gosnold . 
Oak Bluffs 
Tisbury . 
West Tisbury 

Totals 



Polls. 



75 

433 

43 

48 
491 

484 
77 



1,651 



Property. 



$710,000 
4,909,430 

162,200 
1,300,000 
5,301,306 
5,603,200 

890,000 



$18,876,136 



Tax of 81,000, 

including 

Polls at one 

tenth of a 

mill each. 



10 

68 
03 
17 
74 

78 
12 



$2 62 



77 



ESSEX COUNTY. 



Amesbury 


3,146 


$9,190,804 


$1 52 


Andover . 






3,131 


17,700,191 


2 63 


Beverly . 






7,414 


41,392,656 


6 15 


Boxford . 






223 


1,250,922 


19 


Danvers . 






3,357 


13,694,869 


2 13 


Essex 






454 


1,715,686 


27 


Georgetown 






610 


1,850,777 


30 


Gloucester 






7,118 


38,915,221 


5 80 


Groveland 






635 


1,501,737 


26 


Hamilton 






659 


5,808,070 


82 


Haverhill 






14,267 


51,756,664 


8 19 


Ipswich . 






1,863 


7,082,869 


1 11 


Lawrence 






23,876 


105,530,870 


16 18 


Lynn 






30,491 


141,840,252 


21 59 


Lynnfield 






743 


3,971,971 


59 


Manchester 






794 


11,947,599 


1 64 


Marblehead 






3,141 


21,281,652 


3 10 


Merrimac 






657 


1,635,885 


28 


Methuen . 






6,501 


20,455,173 


3 32 


Middleton 






524 


2,183,620 


34 


Nahant . 






603 


6,225,707 


87 


Newbury 






484 


2,286,481 


35 


Newbury port 






4,173 


12,823,399 


2 09 


North Andover 






2,262 


8,180,788 


1 30 


Peabody . 






6,942 


23,908,389 


3 82 


Rockport 






1,193 


6,079,865 


91 


Rowley . 






453 


1,475,000 


24 


Salem 






12,151 


59,165,075 


8 95 


Salisbury 






789 


3,057,880 


48 


Saugus 






4,574 


16,169,948 


2 57 


Swampscott 






3,089 


25,391,023 


3 63 


Topsfield 






329 


3,405,586 


48 


Wenham . 






373 


3,906,012 


55 


West Newbury 




396 


1,377,464 


22 


Totals 






147,415 


$674,160,105 


$102 87 



78 



Acts, 1938. — Chap. 114. 
franklin county. 









Tax of SI, 000. 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
naill each. 


Ashfield .... 


265 


$1,314,969 


$0 20 


Bernardston 






263 


954,232 


15 


Buckland 






434 


2,975,122 


43 


Charlemont 






299 


1,002,940 


16 


Colrain . 






453 


1,470,340 


24 


Conway . 






259 


1,005,549 


16 


Deerfield . 






883 


4,239,513 


64 


Erving 






389 


2,250,709 


33 


Gill 






300 


905,039 


15 


Greenfield 






4,874 


29,745,499 


4 37 


Hawley . 






92 


250,000 


04 


Heath 






87 


400,000 


06 


Leverett . 






. 185 


516,913 


09 


Leyden 






83 


301,014 


05 


Monroe . 






78 


1,224,765 


17 


Montague 






2,220 


10,927,504 


1 65 


New Salem 






122 


430,000 


07 


Northfield 






539 


2,022,329 


32 


Orange 






1,573 


4,996,460 


81 


Rowe 






89 


777,127 


11 


Shelburne 






446 


3,259,255 


47 


Shutesbury 






72 


400,000 


06 


Sunderland 






310 


1,202,198 


19 


Warwick , 






105 


380,000 


06 


Wendell . 






97 


911,076 


13 


Whately . 






359 


1,153,160 


19 


Totals 






14,876 


$75,015,713 


$11 30 



HAMPDEN COUNTY. 



Agawam . 




2,186 


$9,133,483 


$1 41 


Blandford 




150 


825,000 


12 


Brimfield 




284 


1,007,219 


16 


Chester . 




422 


1,345,190 


22 


Chicopee . 




11,960 


41,749,120 


6 65 


East Longmeadow 




1,033 


4,007,933 


63 


Granville 




206 


2,019,405 


28 


Hampden 




281 


701,190 


12 


Holland . 




63 


268,000 


04 


Holyoke . 




16,419 


85,171,512 


12 77 


Longmeadow . 




1,505 


14,059,113 


1 99 


Ludlow . 




2,291 


9,281,562 


1 44 


Monson . 




1,210 


3,287,826 


55 


Montgomery . 




59 


300,000 


05 


Palmer 




2,629 


7,538,664 


1 25 


Russell 




3.58 


3,367,702 


48 


Southwick 




450 


2,025,240 


31 


Springfield 




45,344 


280,786,724 


41 23 


Tolland . 




50 


401,597 


06 


Wales 




130 


363,487 


06 


West Springfield 
Westfie d 




4,865 


25,937,158 


3 88 




5,811 


20,043,484 


3 20 


Wilbraham 




830 


3,252,809 


51 


Totals 


■ 


98,536 


$516,873,418 


$77 41 

.... , 



Acts, 1938. — Chap. 114. 
hampshire county. 



79 









Tax of 81,000, 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Amherst .... 


1,818 


$10,079,744 


$1 50 


Belchertown 






700 


1,593,464 


28 


Chesterfield 






144 


604,077 


09 


Cummington 






173 


552,232 


09 


Easthampton 






3,143 


11,047,516 


1 76 


Enfield . 






147 


525,313 


08 


Goshen 






71 


402,591 


06 


Granby . 






306 


1,002,421 


16 


Greenwich 






65 


355,000 


05 


Hadley . 






771 


3,006,220 


47 


Hatfield . 






710 


2,709,499 


43 


Huntington 






411 


1,027,317 


18 


Middlefield 






87 


321,497 


05 


Northampton 






6,014 


27,164.726 


4 15 


Pelhara . 






139 


751,301 


11 


Plainfield 






86 


350,464 


05 


Prescott . 






6 


24,000 


01 


South Hadley 






1,922 


9,528,683 


1 44 


Southampton 






275 


1,008,184 


16 


Ware 






2,314 


5,824,109 


99 


Westhampton 






97 


411,040 


06 


Williamsburg . 






528 


1,186,601 


21 


Worthington . 






192 


651,246 


10 


Totals 






20,119 


$80,127,245 


$12 48 



MIDDLESEX COUNTY. 



Acton .... 


777 


$3,859,550 


$0 58 


Arlington 






11,121 


60,829,444 


9 06 


Ash by 






312 


1,045,125 


17 


Ashland . 






807 


2,682,049 


43 


Ayer 






886 


3,693,636 


57 


Bedford . 






588 


2,804,688 


43 


Belmont . 






7,312 


52,313,880 


7 57 


Billerica . 






1,917 


9,161,858 


1 39 


Boxborough 






117 


400,000 


06 


Burlington 






696 


2,485,954 


39 


Cambridge 






32,497 


187,823.004 


27 80 


Carlisle . 






211 


1,146,741 


17 


Chelmsford 






2,252 


7,147,256 


1 16 


Concord . 






1,925 


10,630,362 


1 58 


Dracut 






1,962 


4,264,703 


75 


Dunstable 






125 


460,000 


07 


Everett . 






14,155 


73,640,848 


11 04 


Framingham 






6,783 


36,142,068 


5 40 


Groton 






796 


4,816,254 


71 


Holliston 






854 


3,605,921 


56 


Hopkinton 






746 


3,043,695 


47 


Hudson . 






2,368 


7,053,856 


1 16 


Lexington 






3,229 


23,093,318 


3 34 


Lincoln . 






525 


3,505,899 


51 


Littleton . 






511 


3,108,412 


46 


Lowell 






26,943 


105,304,985 


16 46 



80 



Acts, 1938. — Chap. 114. 

MIDDLESEX COUNTY — Concluded. 



*■ 






Tax of $1,000, 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Maiden .... 


17,099 


$70,434,558 


$10 91 


Marlborough 






4,722 


16,245,277 


2 60 


Maynard 






2,381 


6,841,096 


1 13 


Medford . 






17,939 


82,919,061 


12 63 


Melrose . 






7,106 


38,766,627 


5 78 


Natick 






4,296 


20,375,803 


3 09 


Newton . 






19,397 


170,396,381 


24 21 


North Reading 






750 


2,527,155 


41 


Pepperell 






868 


2,869,600 


46 


Reading . 






3,047 


17,158,208 


2 55 


Sherborn . 






328 


3,009,269 


43 


Shirley . 






651 


2,133,158 


34 


Somerville 






30,200 


107,529,557 


17 07 


Stoneham 






3,111 


15,095,031 


2 28 


Stow 






369 


1,505,264 


23 


Sudbury . 






531 


3,010,049 


45 


Tewksbury 






895 


4,636,897 


70 


Townsend 






618 


2,472,962 


38 


Tyngsborough 






399 


1,401,225 


22 


Wakefield 






4,854 


21,899,457 


3 35 


Waltham 






11,384 


57,273,902 


8 62 


Watertown 






10,574 


54,409,070 


8 17 


Wayland . 






931 


6,020,829 


88 


Westford 






1,081 


4,342,966 


68 


Weston . 






1,310 


10,519,365 


1 51 


Wilmington 






1,236 


4,300,000 


69 


Winchester 






3,777 


34,232,508 


4 85 


Woburn . 






6,085 


20,816,627 


3 33 


Totals 






276,354 


$1,397,205,408 


$210 24 





NANTUCKET COUNTY. 




Nantucket 


• 


1,102 


$13,079,589 


$1 82 


Totals 


1,102 


$13,079,589 


$1 82 



NORFOLK COUNTY. 



Avon .... 


681 


$1,981,589 


$0 33 


Bellingham 






860 


2,459,083 


41 


Braintree 






4,960 


28,553,957 


4 23 


Brookline 






13,380 


164,400,752 


22 82 


Canton 






1,830 


8,902,902 


1 35 


Cohasset . 






1,006 


10,552,389 


1 48 


Dedham . 






4,610 


25,267,702 


3 76 


Dover 






437 


4,564,458 


64 


Foxborough 






1,367 


6,069,510 


93 


Franklin . 






2,203 


9,311,026 


1 44 


Holbrook 






1,002 


3,519,052 


56 


Medfield . 






752 


2,861,474 


45 



Acts, 1938. — Chap. 114. 

NORFOLK COUNTY — Concluded. 



81 









Tax of $1,000, 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Medway .... 


996 


$3,228,006 


$0 52 


Millis 








636 


3,142,600 


47 


Milton 








5,445 


39,763,457 


5 74 


Needham 








3,638 


24,821,853 


3 61 


Norfolk . 








415 


1,666,719 


26 


Norwood 








4,881 


25,872,402 


3 87 


Plainville 








453 


1,624,878 


26 


Quincy . 








22,826 


127,551,138 


18 95 


Randolph 








2,059 


7,103,390 


1 13 


Sharon 








1,091 


6,430,712 


95 


Stoughton 








2,557 


9,262,125 


1 47 


Walpole . 








2,213 


15,373,349 


2 23 


Wellesley 








3,635 


43,075,151 


5 99 


Westvvood 








902 


5,766,853 


84 


Weymouth 








6,740 


49,881,718 


7 19 


Wrentham 








736 


3,959,739 


59 


Totals 








92,311 


$636,967,984 


$92 47 



PLYMOUTH COUNTY. 



Abington 


1,712 


$5,799,161 


$0 93 


Bridgewater 




2,028 


6,296,328 


1 03 


Brockton 




19,226 


76,668,810 


11 94 


Carver 




517 


3,049,042 


45 


Duxbury . 




708 


7,365,185 


1 03 


East Bridgewater 




1,123 


4,970,213 


76 


Halifax . 




272 


1,492,247 


22 


Hanover . 




849 


3,890,913 


59 


Hanson . 




699 


2,761,080 


43 


Hingham 




2,103 


16,064,595 


2 31 


Hull 




851 


18,024,498 


2 44 


Kingston 




858 


4,483,732 


67 


Lakeville 




464 


1,445,685 


24 


Marion 




566 


5,548,697 


78 


Marshfield 




771 


8,018,811 


1 13 


Mattapoisett 




484 


3,936,300 


56 


Middleborough 




2,637 


8,987,251 


1 44 


Norwell . 




523 


2,257,277 


35 


Pembroke 




494 


2,956,286 


44 


Plymouth 




4,118 


22,865,757 


3 40 


Plympton 




159 


747,252 


11 


Rochester 




384 


1,327,848 


21 


Rockland 




2,334 


8,689,506 


1 37 


Scituate . 




1,284 


13,094,022 


1 84 


Wareham 




2,224 


14,666,724 


2 14 


West Bridgewater 




993 


3,190,900 


52 


Whitman 




2,317 


8,560,180 


1 35 


Totals 


• 


50,698 


$257,158,300 


$38 68 



82 



Acts, 1938. — Chap. 114. 

suffolk county. 



Cities and Towns. 



Boston 
Chelsea . 
Revere 
Winthrop 



Totals 



PoUs. 



236,885 

12,438 

10,163 

5,304 



264,790 



Property. 



1,646,494,727 
46,556,701 
40,251,761 
24,740,165 



$1,758,043,354 



WORCESTER COUNTY. 



Tax of $1,000, 

including 

Polls at one 

tenth of a 

mill each. 



1238 86 
7 33 
6 28 
3 76 



$256 23 



Ashburnham 


640 


$1,937 023 


$0 32 


Athol 




3,306 


11,796,155 


1 87 


Auburn . 




1,910 


6,346,666 


1 02 


Barre 




1,067 


2,925,852 


49 


Berlin 




312 


1,151,429 


18 


Blackstone 




1,272 


2,195,731 


41 


Bolton 




235 


1,100,486 


17 


Boylston . 




337 


1,000,000 


16 


Brookfield 




379 


1,363,217 


22 


Charlton . 




719 


2,016,075 


34 


Clinton . 




3,743 


12,011,906 


1 94 


Dana 




73 


367,205 


06 


Douglas . 




715 


2,045,339 


34 


Dudley . 




1,344 


3,870,595 


64 


East Brookfield 




293 


1,017,870 


16 


Fitchburg 




12,474 


51,788,018 


8 02 


Gardner . 




6,071 


23,315,328 


3 65 


Grafton . 




1,782 


4,551,764 


77 


Hard wick 




722 


1,787,566 


31 


Harvard . 




336 


2,309,755 


34 


Holden 




1,192 


3,368,535 


56 


Hopedale 




966 


6,547,233 


95 


Hubbardston . 




344 


800,000 


14 


Lancaster 




717 


3,010,460 


47 


Leicester . 




1,334 


3,440,550 


58 


Leominster 




6,401 


25,291,588 


3 95 


Lunenburg 




663 


2,308,303 


37 


Mendon . 




397 


1,412,924 


22 


Milford . 




4,503 


15,334,293 


2 45 


Millbury . 




2,056 


6,179,267 


1 01 


Millville . 




519 


1,060,243 


19 


New Braintree . . 




160 


610,000 


10 


North Brookfield 




899 


2,495,772 


42 


Northborough . 




672 


2,111,742 


34 


Northbridge 




3,195 


10,097,263 


1 64 


Oakham . 




140 


450,000 


07 


Oxford . 




1,285 


3,196,869 


55 


Paxton 




256 


995,000 


16 


Petersham 




213 


1,550,000 


22 


Phillipston 




122 


400,000 


06 


Princeton 




231 


1,350,000 


20 


Royal ston 




254 


850.000 


14 


Rutland . 




500 


1,380,000 


23 


Shrewsbury 




2,141 


9,472,860 


1 45 


Southborough . 


610 


3,026,242 


46 



Acts, 1938. — Chap. 114. 

WORCESTER COUNTY — Concluded. 



83 









Tax of $1,000. 
including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Southbridge 


4,947 


$13,149,234 


$2 21 


Spencer , 








1,960 


4,997,082 


85 


Sterling . 








492 


2,018,390 


31 


Sturbridge 








649 


1,531,217 


27 


Sutton 








707 


1,938,723 


32 


Templeton 








1,249 


3,371,516 


57 


Upton 








610 


1,444,045 


25 


Uxbridge 








1,852 


7,730,878 


1 20 


Warren . 








1,110 


2,561,494 


45 


Webster . 








4,126 


10,942,293 


1 84 


West Boylston 








599 


2,234,904 


35 


West Brookfielc 








371 


1,470,981 


23 


Westborough 








1,318 


4,676,973 


74 


Westminster 








524 


1,775,000 


28 


Winchendon 








1,931 


5,559,213 


92 


Worcester 








56,775 


299,406,942 


44 81 


Totals 








146,720 


$606,446,009 


$93 94 



RECAPITULATION. 









Tax of $1,000, 








including 


Counties. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Barnstable 


11,546 


$102,084,746 


$14 50 


Berkshire 






36,686 


154,788,541 


23 87 


Bristol 






107,373 


389,149,594 


61 57 


Dukes 






1,651 


18,876,136 


2 62 


Essex 




^ 


147,415 


674,160,105 


102 87 


Franklin . 






14,876 


75,015,713 


11 30 


Hampden 






98,536 


516,873,418 


77 41 


Hampshire 






20,119 


80,127,245 


12 48 


Middlesex 






276,354 


1,397,20.5,408 


210 24 


Nantucket 






1,102 


13,079,589 


1 82 


Norfolk . 






92,311 


636,967,984 


92 47 


Plymouth 






50,698 


257,158,300 


38 68 


Suffolk . 






264,790 


1,758,043,354 


256 23 


Worcester 






146,720 


606,446,009 


93 94 


Totals 






1,270,177 


$6,679,976,142 


$1,000 00 



Approved March 17, 1938. 



84 



Acts, 1938. — Chap. 115. 



G. L. (Ter. 
Ed.), 211. § 19, 
amended. 



Certain cases 
pending in 
Dukes County 
or Nantucket 
to be tried 
in Bristol. 



Chap, 11 5 An -Act relative to action.s, suits and proceedings 

ARISING OR PENDING IN THE COUNTY OF DUKES WHICH 
ARE COGNIZABLE BY THE SUPREME JUDICIAL COURT. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eleven of the 
General Laws is hereby amended by striking out section 
nineteen, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following: — Section 19. An 
action, suit or proceeding arising or pending in the county 
of Nantucket, which is cognizable by the supreme judicial 
court and which is to be heard before one justice, shall be 
entered, heard, tried and determined at the court held in 
the county of Bristol, in all respects as if the same court 
were held in the county of Nantucket. An action, suit or 
proceeding arising or pending in the county of Dukes, which 
is so cognizable and which is to be heard before one justice, 
shall be heard, tried and determined at the court held in 
the county of Bristol, in all respects as if the same court 
were held in the county of Dukes; provided, that the rec- 
ords and papers in all such cases entered in the county of 
Dukes shall be kept in said county, but the papers may be 
transmitted to and from any other county in accordance 
with such rules or orders as said court may make. All 
matters cognizable by the full court arising or pending in 
the county of Dukes or Nantucket shall be heard and de- 
termined as if arising in the county of Bristol. 

Section 2. Section twenty-four of chapter two hundred 
and twenty-three of the General Laws, as so appearing, is 
hereby amended by striking out, in the eleventh line, the 
words "Dukes or", — so as to read as follows: — Section 
24. The first Monday of every month shall be a return 
day in every county for writs, processes, notices to appear 
and citations in all actions, suits and other civil proceedings 
in the supreme judicial court and the superior court, and 
for the entry in the superior court of actions appealed from 
district courts. If said first Monday is a legal holiday, such 
writs, processes, notices and citations shall be returned, 
and such suits entered, on the day following. Such writs, 
processes, notices and citations may be made returnable, at 
the election of the party who takes out the same, at any 
return day within three months after the date thereof; but 
said courts may make them returnable at other times. If 
they issue out of the supreme judicial court for Nantucket 
county, they shall be returnable in Bristol county. 

Approved March 17, 1938. 



G. L. (Ter. 
Ed.), 223. § 24, 
amended. 



Return days 
in supreme 
judicial and 
superior 
courts. 



Acts, 1938. — Chaps. 116, 117. 85 



An Act to authorize the placing of the office of (7/^^r> Hg 

CHIEF of police OF THE TOWN OF FAIRHAVEN UNDER 
THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of poHce of the town of 
Fairhaven shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but 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 for acceptance 
to the registered voters of the town of Fairhaven 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 town at said election: "Shall an act 
passed by the General Court in the year nineteen hundred 
and thirty-eight, entitled 'An Act to authorize the placing 
of the office of chief of police of the town of Fairhaven under 
the civil service laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved March 17, 1938. 



An Act to authorize the associated Jewish centers (JIkuj WJ 

CAMP, inc., to transfer PROPERTY TO ASSOCIATED YOUNG 
men's AND YOUNG WOMEn's HEBREW ASSOCIATIONS OF NEW 
ENGLAND, INC. 

Be it enacted, etc., as follows: 

Section 1. The Associated Jewish Centers Camp, Inc., 
a corporation organized under chapter one hundred and 
eighty of the General Laws, is hereby authorized to convey 
and transfer to Associated Young Men's and Young Women's 
Hebrew Associations of New England, Inc., a corporation 
organized under said chapter one hundred and eighty, all its 
property and assets, real and personal, including its property, 
real and personal, known as Camp Naomi for Girls situated 
in the town of Billerica. Notwithstanding such conveyance 
and transfer, all and singular the obligations of said The 
Associated Jewish Centers Camp, Inc. shall remain in full 
force, and said Associated Young Men's and Young Women's 
Hebrew Associations of New England, Inc. shall be liable, 
to the extent of the value of all the property applicable to 
the discharge of its obligations, received from The Asso- 
ciated Jewish Centers Camp, Inc., upon all contracts made 
by said last-mentioned corporation. 

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



86 Acts, 1938. — Chaps. 118, 119. 

or the officers having the powers of directors, of each of said 
corporations and copies of the respective votes of acceptance 
shall have been filed with the state secretary. 

Approved March 17, 1938. 

Chap. lis -^N Act authorizing the town of agawam to pay certain 

MONEYS ON ACCOUNT OF DEATHS AND INJURIES SUFFERED 
BY CERTAIN OFFICERS OF SAID TOWN IN THE PERFORMANCE 
OF DUTY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging its moral 
obligation in the premises, the town of Agawam may appro- 
priate and pay sums, not exceeding, in the aggregate, twenty- 
five hundred dollars, for the purpose of reimbursing certain 
persons for medical, hospital suid funeral expenses incurred 
on account of deaths and injuries sujffered by certain officials 
of said town while traveling to the city of Boston on official 
business of the town. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the voters of the town of Agawam 
voting thereon at a town meeting called for the purpose 
during the current year. Approved March 17, 1938. 

Chap. 119 An Act providing for the disposition of sinking fund 

SURPLUSES in the CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. When any sinking fund of the city of Cam- 
bridge with its accumulations added, calculated on the basis 
on which such funds are figured, contains more than an 
amount sufficient to extinguish at maturity the indebted- 
ness for which it was established, such surplus, by vote of 
the sinking fund commissioners, may be 

(1) Added to any other sinking fund under the control 
of said commissioners which, with its accumulations, will 
not be sufficient to extinguish at maturity the indebtedness 
for which it was established; or 

(2) Returned to the municipal treasury to be applied to 
the payment of serial debt, regardless of the source from 
which said surplus originated. 

In determining the sufficiency of any sinking fund under 
this section, obligations of the United States, and of the 
commonwealth and of any city or town thereof, which ma- 
ture on or prior to the date of maturity of the indebtedness 
for which the fund was established, shall be figured at par 
value; but all other obligations and securities in said sink- 
ing fund shall be figured at their fair market value at the 
time the determination as to sufficiency is made, but not 
exceeding the par value thereof. 

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

Approved March 22, 1938. 



Acts, 1938. — Chaps. 120, 121, 122. 87 

An Act authorizing the city of medford to appro- Chav. 120 

PRIATE MONEY FOR, AND TO PAY, COUNSEL FEES AND 
EXPENSES OF COUNSEL ARISING OUT OF CERTAIN LEGAL 
ACTION RELATIVE TO THE LICENSING BOARD OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1, The city of Medford is hereby authorized and 
empowered to appropriate money for and pay counsel fees 
and expenses of counsel arising out of legal action undertaken 
to restore, and which resulted in restoring, the members of 
the licensing board of said city to their respective offices 
after removal by the mayor of said city in the year nineteen 
hundred and thirty-four, and, in addition, to appropriate 
money for and pay counsel fees and expenses of counsel 
arising out of legal action undertaken to restrain, and which 
resulted in restraining, the board of aldermen of said city 
from usurping the powers of said Hcensing board. 

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

Approved March 22, 19S8. 

An Act further regulating the issuance to non- Chav. 121 
resident united states citizens of special fishing 
licenses. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and Ed^m'^is 
thirty-one of the General Laws is hereby amended by strik- etc!, 'amended, 
ing out the paragraph inserted by chapter one hundred and 
fifty-six of the acts of nineteen hundred and thirty-four, 
and inserting in place thereof the following : — 

For a fishing license covering all the inland waters and fifg^^ceMes? 
good for three consecutive days specified on the license, one 
dollar and fifty cents. Said days may be so specified on 
the license and the duration of the license may be so 
limited, notwithstanding any provision of section five of 
chapter one hundred and twenty-nine A, and section six of 
chapter one hundred and thirty-one. 

Section 2. This act shall take effect on January first, ffte"*'"^^ 
nineteen hundred and thirty-nine. 

Approved March 22, 1938. 

An Act providing por one day off' in every seven days Chap. 122 

FOR police officers IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Members of the police department of the 
city of Boston shall be excused from duty for one day out 
of every seven without loss of pay. The time and manner 
of excusing members of said police department from duty 
shall be determined by the police commissioner for said 
city. A member so excused shall be exempt from duty and 



88 Acts, 1938. — Chaps. 123, 124. 

from attendance at a police station or other place, but other- 
wise shall be subject to all laws, rules and regulations relating 
to members of said department. Said police commissioner, 
in case of any public emergency, or of any unusual demand 
for the services of the police in said city, may prevent any 
member of said department from taking the day off at the 
time when he is entitled thereto, or at the time assigned 
therefor; provided, that such day off shall be granted to 
him as soon thereafter as is practicable. In no case shall 
the number of such days off be less than fifty-two in each 
year and they shall be in addition to any annual vacation 
now or hereafter allowed to members of said department, 
and such annual vacation shall not be diminished on account 
thereof. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of the city council of said city, subject to the 
provisions of its charter. Approved March 22, 1938. 

Chap. 123 An Act authorizing the police commissioner for the 

CITY OF BOSTON TO DESTROY CERTAIN SLOT MACHINES 
AND OTHER ARTICLES USED IN UNLAWFUL GAMING NOW 
IN THE POSSESSION OF THE POLICE DEPARTMENT OF SAID 
CITY. 

Be it enacted, etc., as follows: 

Any slot machine or other gaming apparatus or imple- 
ment or cabinet, supposed to have been found in a place 
where unlawful gaming was carried on, which is in the cus- 
tody of the police department of the city of Boston and is 
not the subject of a pending proceeding for forfeiture under 
sections one to eight, inclusive, of chapter two hundred and 
seventy-six of the General Laws, may be destroyed by the 
police commissioner for said city; provided, that there shall 
first be published in a daily newspaper published in said 
city a notice describing such article, stating when, where 
and on what ground it was seized and calling upon the 
owner thereof to claim the same; and provided, further, 
that the owner of such article does not appear and estabhsh 
his claim thereto within two months after such publication. 

Approved March 22, 1938. 

Chav. 124: An Act changing the term of office of the super- 
intendent OF public buildings in the city of brock- 
ton. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
thirty-five of the acts of eighteen hundred and ninety-three 
is hereby amended by striking out, in the second line, the 
word "annually" and inserting in place thereof the words: 
— , in the year nineteen hundred and forty and biennially 
thereafter, — and by striking out, in the fifth line, the words 



Acts, 1938. — Chap. 125. 89 

"one year" and inserting in place thereof the words: — two 
years, — so as to read as follows : — Section 1 . The city 
council of the city of Brockton shall, in the year nineteen 
hundred and forty and biennially thereafter, as soon after 
their organization as may be convenient, elect by joint 
ballot, in convention, a superintendent of public buildings, 
who shall hold office for the term of two years and until 
his successor shall be elected and quahfied: provided, how- 
ever, that said officer may be removed at any time by the 
city council for sufficient cause. A vacancy occurring in 
the above-named office may be filled by joint ballot of the 
city council at any time. The compensation of the above 
officer shall be fixed by concurrent vote of the city council. 

Section 2. If this act is accepted during the current 
year by vote of the city council of said city, subject to the 
provisions of its charter, it shall take full effect on January 
first, nineteen hundred and forty; otherwise it shall be void 
and of no effect. Approved March 22, 1938. 



An Act further regulating the powers and duties of Chav. 125 

THE MUTUAL SAVINGS CENTRAL FUND, INC. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-three of the acts of nineteen 
hundred and thirty-four is hereby amended by striking out 
section three A, as inserted by section two of chapter one 
hundred and forty-nine of the acts of nineteen hundred and 
thirty-six, and inserting in place thereof the following: — 
Section 3 A. 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 
without receiving financial assistance as provided in this 
section, he may, in his discretion, so notify the corporation, 
and thereupon, if in the judgment of the directors of the 
corporation such action may reduce the risk or avert a 
threatened loss to the corporation, or may facilitate a merger 
or consolidation of such bank with another member bank, 
or may facilitate the sale of the assets of such bank to and 
the assumption of its liabilities by one or more other mem- 
ber banks, the corporation may, with the approval of the 
commissioner and in order to effect the purposes of this act, 
do any one or more of the following: (a) purchase from said 
bank the whole or any part of, or any equitable or other 
interest in, its assets at the book value thereof, or at some 
other value mutually agreed upon by said bank and said 
directors, notwithstanding that either of such values may 
exceed the market value of the assets so purchased, and 
upon such terms and conditions as said directors, with the 
approval of the commissioner, may determine; (6) make 
loans to such bank, secured in whole or in part, in such 
amounts, and upon such terms and conditions, as said 
directors, with the approval of the commissioner, may de- 



90 Acts, 1938. — Chap. 125. 

termine; (c) pay to such bank in accordance with an agree- 
ment entered into between such bank and the corporation, 
with the approval of the commissioner, an amount not in 
excess of the difference between the book value of certain 
or all its assets and the fair value thereof as determined by 
said agreement, in consideration for which said bank shall 
agree to write down such assets to such fair value and to 
pay over to the corporation so much of any net proceeds 
realized from the sale or other disposition of each and all 
such assets as is in excess of such fair value, such payment 
to be made in such amounts, at such times and upon such 
terms and conditions as said directors, with the approval 
of the commissioner, may determine; provided, that any 
amount paid by the corporation hereunder to such bank 
and the agreement of such bank to repay the excess, as 
hereinbefore provided, shall constitute liabilities of such 
bank only to the extent of any such excess from time to 
time actually realized; (d) pay into the guaranty fund or 
profit and loss account of such bank in accordance with an 
agreement entered into between such bank and the corpo- 
ration, with the approval of the commissioner, an amount 
not in excess of the difference between the book value of 
certain or all its assets and the fair value thereof as deter- 
mined by said agreement, such bank being hereby author- 
ized and empowered, notwithstanding any other provision 
of law, to repay such amount to the corporation at such 
time or times and in such manner as such agreement may 
prescribe; provided, that any such payment made by the 
corporation to such bank, and any agreement of such bank 
to repa}^ the same, shall constitute liabilities of such bank 
only to the extent provided by said agreement. 

Such bank, by vote of at least two thirds of its trustees, 
may take any and all action necessary or advisable to en- 
able it to carry out any or all provisions of this section. 

Section 2. Section seven of said chapter forty-three is 
hereby amended by adding at the end the following: — , and 
may exercise all the powers and rights of the corporators 
of such bank relative to a merger or consolidation conferred 
upon them by section fifty-five of chapter one hundred and 
sixty-eight, — so as to read as follows : — Section 7. For 
the purpose of carrying out the provisions of this act the 
corporation may exercise all the powers, rights and fran- 
chises of any bank the control, possession and operation of 
which has been taken over by it under this act, and may 
exercise all the powers and rights of the corporators of such 
bank relative to a merger or consolidation conferred upon 
them by section fifty-five of chapter one hundred and sixty- 
eight. Approved March 22, 1938. 



Acts, 1938. — Chap. 126. 91 



An Act authorizing the transfer by the great bar- (JJiaj) 126 

RINGTON FIRE DISTRICT TO THE TOWN OF GREAT BARRING- 
TON OF THE FRANCHISE AND OTHER RIGHTS AND PRIVILEGES 
OF SAID DISTRICT IN SO FAR AS THEY RELATE TO THE FIRE 
DEPARTMENT OF SAID DISTRICT AND TO THE SEWERS AND 
SIDEWALKS WITHIN ITS LIMITS. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this section in accord- 
ance with section three, the property of the Great Barring- 
ton Fire District known as the fire department property, 
including land with buildings thereon, furnishings, equip- 
ment and supplies, and the sewers and sidewalks owned by 
said district, together with all the rights and privileges of 
said district in, and relative to, said fire department, sewers 
and sidewalks, whether vested in said district by virtue of 
its franchise or otherwise, shall be transferred to and become 
vested in the town of Great Barrington, which shall there- 
upon assume all the duties, powers and obligations of said 
district relating to said fire department, sidewalks and 
sewers and shall, in addition, pay to said district for the 
property, rights and privileges so transferred the amount 
determined as provided in section two, said payment to be 
in ten equal instalments, one of which shall be paid on the 
first day of July in each year until such amount shall have 
been paid in full. 

Section 2. As soon as may be after the passage of this 
act, the selectmen of said town and the prudential com- 
mittee of said district shall each appoint one appraiser, and 
the two appraisers so chosen shall select a third appraiser. 
Such appraisers shall constitute a board to fix and deter- 
mine the amount said town shall pay to said district for 
the transfer of the property, rights and privileges referred 
to in section one. A copy of the determination of such 
appraisers setting forth the amount to be so paid shall be 
filed with the town clerk and another copy thereof shall be 
filed with the clerk of the prudential committee, and such 
copies, when so filed, shall be made available to all interested 
tax payers of said town and district, respectively. 

Section 3. Section one shall take full effect upon its 
acceptance by a majority of the legal voters of said town 
present and voting thereon at a meeting legally called for 
the purpose and by a majority of the legal voters of said 
district present and voting thereon at a meeting legally 
called for the purpose. Section two and this section shall 
take effect upon the passage of this act. 

Approved March 22, 1988. 



92 Acts, 1938. — Chaps. 127, 128, 129. 



Chap. 127 An Act to authorize the placing of the office of 

CHIEF OF POLICE OF THE TOWN OF UPTON UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of poHce of the town of 
Upton shall, upon effective date of this act, become subject 
to the civil service laws and rules and regulations relating 
to police officers in towns, and the tenure of office of any 
incumbent thereof shall be unlimited, subject, however, to 
such laws, but the present incumbent of said office may- 
continue to serve as such without taking a civil service ex- 
amination. 

Section 2. This act shall be submitted to the voters of 
said town at the next annual town meeting in the form of 
the following question, which shall be placed upon the offi- 
cial 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-eight, entitled 'An Act 
to authorize the placing of the office of chief of police of 
the town of Upton under the civil service laws ', be accepted? " 
If a majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon take full effect, 
but not otherwise. Approved March 22, 1938. 

Chap. 128 An Act designating the new bridge under construc- 
tion over the mystic river at harvard street in the 
city of medford and at river street in the town 
of arlington as the squa sachem bridge. 

Be it enacted, etc., as follows: 

The new bridge authorized to be constructed, and now 
under construction, over the INIystic river at Harvard street 
in the city of Medford and at River street in the town of 
Arlington under the provisions of chapter four hundred and 
thirty-two of the acts of nineteen hundred and thirty-seven 
shall be known and described as the Squa Sachem bridge, 
and a suitable tablet or marker bearing such designation 
shall be attached to said bridge, upon its completion, by 
the metropolitan district commission. 

Approved March 22, 1938. 

Chap. 129 An Act authorizing the grand lodge of Massachusetts 

OF THE INDEPENDENT ORDER SONS OF ITALY TO GRANT 
AND PAY CERTAIN DEATH BENEFITS. 

Be it enacted, etc., as follows: 

Section 1. The Grand Lodge of Massachusetts of The 
Independent Order Sons of Italy, as now or hereafter con- 
stituted and established under the charter, constitution and 
by-laws of the Supreme Lodge of The Independent Order 
Sons of Italy, a corporation estabHshed under the laws of the 



Acts, 1938. — Chap. 130. 93 

state of New York, is hereby authorized to transact business 
in the commonwealth and to pay a death benefit to famihes 
or dependents of deceased members as fixed by its by-laws, 
but not exceeding five hundred dollars as to any one member. 
Section 2. The said Grand Lodge shall, except as other- 
wise provided in this act, be subject to the provisions of sec- 
tion forty-six, except the third paragraph thereof, of chapter 
one hundred and seventy-six of the General Laws, relative 
to limited fraternal benefit societies, and, in addition, to the 
following provisions: — The said Grand Lodge shall, before 
paying or agreeing to pay a death benefit as aforesaid ex- 
ceeding two hundred dollars, file a written notice of its in- 
tention to pay such a benefit with the commissioner of in- 
surance in such form and containing such information as the 
said commissioner may require and it shall, during such 
time as it pays or agrees to pay a death benefit exceeding 
said sum, file with said commissioner annually on or before 
March first a financial statement, in such form and contain- 
ing such information as the commissioner may require, 
executed on oath or under the penalties of perjury by two 
or more of its principal officers, directors or trustees, show- 
ing its financial condition as of December thirty-first of the 
preceding year. Approved March 22, 1938. 



An Act relative to providing additional accommoda- QJidj) \^Q 

TIONS FOR the DISTRICT COURT OF EAST NORFOLK AT 
QUINCY AND FOR THE DISTRICT COURT OF NORTHERN 
NORFOLK AT DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred of the 
acts of nineteen hundred and thirty-seven is hereby amended 
by striking out, in the fifth line, the words "two hundred 
and fifty" and inserting in place thereof the words: — three 
hundred, — so as to read as follows: — Section 2. For the 
purposes aforesaid, the treasurer of said county, with the 
approval of the county commissioners, may borrow upon 
the credit of the county, such sums as may be necessary, 
not exceeding, in the aggregate, three hundred thousand 
dollars, and may issue bonds or notes of the county therefor, 
which shall bear on the face the words, Norfolk County 
District Court House Loan, Act of 1937. Each authorized 
issue shall constitute a separate loan and such loans shall 
be payable not more than five years from their dates. The 
bonds or notes shall be signed by the county treasurer and 
countersigned by a majority of the county commissioners. 
The county may sell the said securities at public or private 
sale, upon such terms and conditions as the county com- 
missioners may deem proper, but not for less than their par 
value. Indebtedness incurred hereunder shall, except as 
herein provided, be subject to chapter thirty-five of the 
General Laws. 



94 Acts, 1938. — Chaps. 131, 132. 

Section 2. Section three of said chapter one hundred 
is hereby amended by inserting after the word "issue" in 
the second hne the words : — and sell at public or private 
sale, — and by striking out all after the word "notes" in 
the ninth line and inserting in place thereof the words : — 
may be sold at such discount as the commissioners maj"" 
deem proper, the discount to be treated as interest paid in 
advance, and all such notes shall be paid from the proceeds 
of such serial bonds or notes, — so as to read as follows: — 
Section 3. The county treasurer, with the approval of the 
county commissioners, may issue and sell at public or pri- 
vate sale temporary notes of the county, payable in not 
more than one year from their dates, in anticipation of the 
issue of serial bonds or notes under this act, but the time 
within which such serial bonds or notes shall become due 
and payable shall not, by reason of such temporary notes, 
be extended beyond the time fixed by this act. Any notes 
issued in anticipation of the serial bonds or notes may be 
sold at such discount as the commissioners may deem proper, 
the discount to be treated as interest paid in advance, and 
all such notes shall be paid from the proceeds of such serial 
bonds or notes. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by the county commis- 
sioners of Norfolk county, but not otherwise. 

Approved March 22, 1938. 

Chav.X^l An Act repealing certain provisions of law which 

EXEMPT THE HOLYOKE WATER POWER COMPANY FROM 

MAINTAINING A FISH WAY IN THE DAM ACROSS THE 

CONNECTICUT RIVER BETWEEN HOLYOKE AND SOUTH 
HADLEY. 

Be it enacted, etc., as follows: 

Chapter one hundred and nine of the acts of eighteen 
hundred and ninety-five is hereby repealed. 

Approved March 22, 1938. 

Chap. 132 An Act to authorize the placing of the office of 

CHIEF OF police OF THE CITY OF MARLBOROUGH UNDER 
THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the city of 
Marlborough shall, upon the effective date of this act, be- 
come subject to the civil service laws and rules and regula- 
tions relating to the appointment and removal of permanent 
members of police departments of cities, and the tenure of 
office of any incumbent thereof shall be unlimited, except 
that he may be removed in accordance with such laws and 
rules and regulations, but the person holding said office on 
said effective date may continue to serve as such without 
taking a civil service examination. 



Acts, 1938. — Chap. 133. 95 

Section 2. This act shall be submitted 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 elec- 
tion: "Shall an act of the general court passed in the year 
nineteen hundred and thirty-eight, entitled 'An Act to 
authorize the Placing of the Office of Chief of Police of the 
City of Marlborough under the Civil Service Laws', be 
accepted?" If the majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved March 22, 1938. 

An Act tending to prevent multiplicity of proposals C/iap. 133 

FOR THE SAME CHANGE IN ZONING ORDINANCES OR BY- 
LAWS OR IN THEIR APPLICATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty of the General Laws is hereby g. l. (Ter. 
amended by inserting after section twenty-seven, as appear- new section 
ing in section one of chapter two hundred and sixty-nine of ^'^^' a^ded. 
the acts of nineteen hundred and thirty-three, the following 
new section : — Section 27 A . After acceptance of this sec- Limitation on 
tion as provided in section four of chapter four, no proposed of^cenam'°'^ 
ordinance or by-law making a change in any such existing ordinances, 
ordinance or by-law, which has been unfavorably acted upon 
by a city council or town meeting, shall be considered on 
its merits by the city council or town meeting within two 
years after the date of such unfavorable action unless the 
adoption of such proposed ordinance or by-law is recom- 
mended in the final report of the planning board or select- 
men required by section twenty-seven. 

Section 2. Said chapter forty is hereby further amended idVio^""' 
by striking out section thirty A, as appearing in said section § soa, etc.. 
one of said chapter two hundred and sixty-nine, and insert- i'sob, added. 
ing in place thereof the two following new sections : — Sec- Limitation of 
tion 30 A. After acceptance of this section as provided in appeals, etc. 
section four of chapter four, no appeal or petition under 
paragraph 3 of section thirty for a variance from the terms 
of such an ordinance or by-law with respect to a particular 
parcel of land, and no application under section thirty for 
a special exception to the terms of any such ordinance or 
by-law, which has been unfavorably acted upon by the 
board of appeals shall be considered on its merits by said 
board within two years after the date of such unfavorable 
action except with the consent of all the members of the 
planning board, or of the board of selectmen in a town hav- 
ing no planning board. 

Section SOB. The superior court shall have jurisdiction Enforcement 
in equity to enforce the provisions of sections twenty-five ^y injunction. 
to thirty A, inclusive, and any ordinances or by-laws made 
thereunder, and may restrain by injunction violations thereof. 

Approved March 22, 1938. 



96 Acts, 1938. — Chaps. 134, 135. 



Chap. 1S4: An Act authorizing the county commissioners of the 

COUNTY OF DUKES COUNTY TO EXPEND MONEY FOR THE 
PURPOSE OF PROMOTING THE RECREATIONAL ADVANTAGES 
OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Dukes county may, for the purpose of advertising the recrea- 
tional advantages of said county and for operating informa- 
tion booths in said county, expend such sums, not exceeding 
five thousand dollars in any one year, as may be appropri- 
ated therefor; provided, that such expenditures from money 
so appropriated shall not at any time be more than the sum 
which shall have been contributed by public subscription 
or by donation deposited with the county treasurer for the 
purposes aforesaid. In addition to expenditures for oper- 
ating information booths, said commissioners shall expend 
such sums only for advertising in newspapers, magazines 
and the like, or for booklets, posters or other forms of adver- 
tising. In carrying out the provisions of this act, said com- 
missioners may designate an agent or agents to act for them 
or to act jointly with them; provided, that all bills incurred 
shall be accompanied by proper vouchers and shall be paid 
by the county treasurer only on warrants approved by the 
county commissioners or a majority of them. Appropria- 
tions for the purposes of this act shall be included in the 
county tax, except that the town of Gosnold shall not be 
assessed for any part thereof in the assessment of the county 
tax. 

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

Approved March 22, 1938. 

Chap. 1S5 An Act confirming the merger of piedmont congre- 
gational CHURCH IN WORCESTER AND UNION CONGREGA- 
TIONAL CHURCH IN WORCESTER WITH CHESTNUT STREET 
CONGREGATIONAL CHURCH IN WORCESTER. 

Emergency Whcreas, 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: 

Section 1. The merger of Piedmont Congregational 
Church in Worcester and Union Congregational Church in 
Worcester, corporations established under the laws of the 
commonwealth, with Chestnut Street Congregational Church 
in Worcester, a corporation so established, and formerly 
called Plymouth Congregational Church in Worcester, and 
any conveyance of property to said Chestnut Street Con- 



Acts, 1938. — Chaps. 136, 137. 97 

gregational Church in Worcester, executed in connection 
with such merger, in so far as the same may be invahd for 
want of legal authority to effect such merger, are hereby 
validated and confirmed, and said Chestnut Street Congre- 
gational Church in Worcester shall in all respects be a con- 
tinuance of, and the lawful successor to, said Piedmont 
Congregational Church in Worcester, and Union Congre- 
gational Church in Worcester, with all the privileges, pow- 
ers and immunities to which other religious corporations in 
this commonwealth are by law entitled. 

Section 2. All bequests, devises, conveyances and gifts 
heretofore or hereafter made to any of said corporations, 
however described, and all the powers and privileges thereof, 
shall vest in said Chestnut Street Congregational Church in 
Worcester, and all trusts heretofore or hereafter vested in 
any of said corporations shall be preserved inviolate, and all 
powers relating to such trusts shall have full force and effect 
in said Chestnut Street Congregational Church in Worces- 
ter, in so far as such authority and right may be granted by 
statute. Approved March 24, 1938. 

An Act to provide for investigation by state police, Chav.l^^ 

LOCAL police AND PROBATION OFFICERS IN PROCEEDINGS 
IN THE PROBATE COURTS FOR SEPARATE SUPPORT. 

Be it enacted, etc., as follows: 

Section thirty-two of chapter two hundred and nine of Sj^-iJg^joo 
the General Laws, as appearing in the Tercentenary Edi- amended.' 
tion, is hereby amended by adding at the end the following 
new sentence : — Upon request by the court, state police. Police to ae 
local police or probation officers shall make an investigation separate^up- 
in relation to any proceedings hereunder and report to the port actions. 
court. Every such report shall be in writing and shall be- 
come part of the records of such proceedings. 

Approved March 24, 1938. 

An Act authorizing the town of clinton to pay an Chav. 1S7 

ANNUITY TO CATHERINE o'tOOLE. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of discharging its moral 
obligation in the premises and of promoting the public 
good, the town of Clinton may pay an annuity of not ex- 
ceeding one thousand dollars to Catherine O'Toole of said 
Clinton, widow of George O'Toole, who was killed while in 
the performance of his duties as an employee of said town; 
said annuity to continue during the lifetime of said Catherine 
O'Toole unless she remarries. 

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

Approved March 24, 1938. 



98 Acts, 1938. — Chaps. 138, 139. 



Chap. ISS An Act providing for additional improvements at the 

BARNSTABLE COUNTY SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Barnstable 
county are hereby authorized to raise and expend a sum 
not exceeding seventy-five thousand dollars for the pur- 
pose of constructing, originally furnishing and equipping an 
addition to the present hospital building at the Barnstable 
county sanatorium, or a separate hospital building near or 
adjacent thereto, and for the additional purposes of con- 
structing, originally furnishing and equipping a building for 
nurses' quarters, and the construction of a garage or garage 
facilities, at said sanatorium. 

Section 2. For the purpose of meeting the expenses 
authorized under section one, the county treasurer, with the 
approval of the county commissioners, may borrow from 
time to time on the credit of the count}^ such sums as may 
be necessar}^, not exceeding, in the aggregate, seventy-five 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Barnstable County 
Sanatorium Loan, Act of 1938. All bonds and notes issued 
hereunder shall be payable in ten years from the date of the 
first bond or note so issued, and section thirty-seven A of 
chapter thirty-five of the General Laws, as amended, shall 
apply thereto. 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. 

Section 3. The county treasurer, with the approval of 
the county commissioners, may issue temporary notes of 
the county, payable in not more than one j^ear from their 
dates, in anticipation of the issue of serial bonds or notes 
under this act, and may renew the same; but the time within 
which such serial bonds or notes shall become due and pay- 
able shall not, by reason of such temporary notes, be ex- 
tended beyond the time fixed by this act. Any notes issued 
in anticipation of the serial bonds or notes shall be paid 
from the proceeds thereof. 

Section 4. This act shall take full effect upon its ac- 
ceptance during the current year by the county commis- 
sioners of Barnstable county, but not otherwise. 

Approved March S4, 1938. 

C/iap.l39 An Act relative to the powers of the boston dis- 
pensary. 

Be it enacted, etc., as follows: 

The Boston Dispensary, a charitable corporation duly 
incorporated by an act approved February twenty-sixth, 
eighteen hundred and one, is hereby authorized, for its cor- 
porate purposes, to hold at any one time as owner or in 



Acts, 1938. — Chap. 140. 99 

trust, real and personal estate to the value of six million 
dollars, whether formerly or hereafter acquired by purchase, 
gift, devise or other lawful means, and to manage, sell, 
mortgage, lease or otherwise dispose of the same and to re- 
ceive and employ the income therefrom, subject to any law- 
ful restrictions imposed thereon; and in continuation of and 
in addition to the powers heretofore granted, it shall have 
authority to build, equip, maintain and operate a diagnostic 
hospital, including accommodations for private patients, and 
also to carry on all other services to be rendered by the 
corporation, for the benefit of any persons deemed by it 
worthy, whether or not inhabitants of the city of Boston 
and including persons who pay in part or in whole for serv- 
ices received; provided, that any income so derived is de- 
voted to the purposes of the corporation. 

Approved March 21^, 1938. 

An Act relative to the emission of smoke from a cer- Qjiav 140 

TAIN CLASS OF STACKS IN THE METROPOLITAN SMOKE 
ABATEMENT DISTRICT. 

Be it enacted, etc., as follows: 

Section two of chapter six hundred and fifty-one of the 
acts of nineteen hundred and ten, as amended by section 
one of chapter fifty of the General Acts of nineteen hundred 
and fifteen, is hereby further amended by striking out, in 
the fourth, fifth and sixth lines, the words "or of a degree 
equal to No. 3 of the chart or greater, for more than three 
minutes in any one hour from stacks of Class II" and 
inserting in place thereof the words : — or of a degree 
equal to No. 2 of the chart or greater, for more than six 
minutes in any one hour, but not exceeding during said sLx 
minutes a degree equal to No. 3 of the chart or greater, for 
more than three minutes from stacks of Class II, — so 
that the first paragraph will read as follows : — The emis- 
sion of smoke of a degree of darkness or density equal to 
No. 2 of the chart or greater, for more than six minutes in 
any one hour from stacks of Class I; or of a degree equal 
to No. 2 of the chart or greater, for more than six minutes 
in any one hour, but not exceeding during said six minutes 
a degree equal to No. 3 of the chart or greater, for more 
than three minutes from stacks of Class II; or of a degree 
equal to No. 2 of the chart or greater, for more than twenty- 
five minutes in any one hour, but not exceeding during said 
twenty-five minutes a degree equal to No. 3 of the chart or 
greater for more than five minutes from stacks of Class III ; 
or of a degree equal to No. 3 of the chart or greater for more 
than three minutes in anj^ one hour from stacks of Class IV; 
for more than five minutes in any one hour from stacks of 
Class V; and for more than twenty seconds in any one 
period of five minutes from stacks of Class VI, is hereby 
prohibited. Approved March 21^, 1938. 



100 



Acts, 1938. — Chaps. 141, 142, 143. 



Chap. 14:1 An Act providing for the reinstatement of Patrick j. 
o'rourke in the police department of the city of 

BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The police commissioner for the city of Bos- 
ton is hereby authorized and directed to reinstate Patrick J. 
O'Rourke in the police department of said city. Said 
O'Rourke shall be reinstated without examination in the 
position and grade formerly held by him in said department. 

Section 2. This act shall take effect upon its acceptance 
during the current 3^ear, by vote of the city council of said 
city, subject to the provisions of its charter. 

Approved March 24, 1938. 



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



Municipal 
appropriations 
for stocking 
ponds, etc. 



Chap. 14:2 An Act authorizing cities and towns to appropriate 

MONEY FOR STOCKING INLAND WATERS THEREIN W^TH FISH 
AND FOR LIBERATING GAME THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter forty of the General 
Laws is hereby amended by adding after clause (40), in- 
serted by chapter one hundred and eighty-five of the acts 
of nineteen hundred and thirty-seven, the following new 
clause : — 

(41) For the purpose of stocking ponds and other inland 
waters, located within the town limits, with fish and of 
liberating game, as defined in section one of chapter one 
hundred and twenty-nine A, within said limits and to meet 
necessary expenses incidental thereto, including the feeding 
of game so liberated, a sum not to exceed five hundred dol- 
lars. Two or more towns bordering upon the same pond or 
other inland waters may join in stocking the same here- 
under. The stocking of waters with fish and the liberation 
of game hereunder shall be subject to the written approval 
of the director of the division of fisheries and game of the 
department of conservation. 

Section 2. Chapter eighteen of the acts of nineteen 
hundred and thirty-seven is hereby repealed; but such re- 
peal shall not be deemed to affect the legality of any vote 
to appropriate money under authority of said chapter eight- 
een prior to the effective date of this act, or of any lawful 
act done under authority of such vote. 

Approved March 24, 1938. 



Repeal. 



C/iap.l43 An Act authorizing the sale and transportation of 
dressed poultry on the lord's day in certain cases. 

Be it enacted, etc., as follows: 

Bdnili'^le '^^^ fourth paragraph of section six of chapter one hun- 

etc'., amended, dred and thirty-six of the General Laws, as appearing in 

section six of chapter tliree hundred and seventy-three of the 



Acts, 1938. — Chap. 144. 101 

acts of nineteen hundred and thirty-four, is hereby amended 
by inserting after the word "fuel" in the fifth Hne the words: 
— ; the sale at wholesale of dressed poultry, and the trans- 
portation of such poultry so sold, on the Lord's day next 
preceding Thanksgiving day, and on the Lord's day next 
preceding Christmas day except when Christmas day 
occurs on Saturday, the Lord's day or Monday, — so as to 
read as follows : — 

Nor shall it prohibit the preparation, printing and pub- ^fl^^'l ^^^^ 
lication of newspapers, or the sale and delivery thereof; the on the Lord's 
wholesale or retail sale and delivery of milk, or the trans- '^'^^- 
portation thereof, or the delivery of frozen desserts and/or 
ice cream mix, or the retail sale of ice or of fuel; the sale 
at wholesale of dressed poultry, and the transportation of 
such poultry so sold, on the Lord's day next preceding 
Thanksgiving day, and on the Lord's day next preceding 
Christmas day except when Christmas day occurs on Satur- 
day, the Lord's day or Monday; the making of butter and 
cheese ; the keeping open of public bath houses ; the making 
or selling by bakers or their employees, before ten o'clock 
in the forenoon and between the hours of four o'clock and 
half past six o'clock in the afternoon, of bread or other 
food usually dealt in by them; whenever Rosh Hashonah, 
or the Day of Atonement, begins on the Lord's day, the 
retail sale and delivery of fish, fruit and vegetables before 
twelve o'clock noon of that day; the selling or delivering of 
kosher meat by any person who, according to his religious 
belief, observes Saturday as the Lord's day by closing his 
place of business during the day until six o'clock in the 
afternoon or the keeping open of his shop on the Lord's day 
for the sale of kosher meat between the hours of six o'clock 
and ten o'clock in the forenoon. 

Approved March 24, 1938. 



An Act making certain endless chain transactions (Jhny 1 44 

SUBJECT TO THE LAWS RELATIVE TO LOTTERIES. ^' 

Be it enacted, etc., as follows: 

Chapter two hundred and seventy-one of the General ^j^'^^i®''' 
Laws is hereby amended by inserting after section six, as new "section 
appearing in the Tercentenary Edition, the following new ^^' * ^ ' 
section : — Section 6 A . Whoever sets up or promotes a Endless chain 
plan by which goods or anything of value is sold to a person prohibited^ 
for a consideration and upon the further consideration that 
the purchaser agrees to secure one or more persons to par- 
ticipate in the plan by respectively making a similar pur- 
chase or purchases and in turn agreeing to secure one or 
more persons likewise to join in the said plan, each pur- 
chaser being given the right to secure money, credits, goods 
or something of value, depending upon the number of per- 
sons joining in the plan, shall be held to have set up and 
promoted a lottery and shall be punished as provided in 



102 



Acts, 1938. — Chaps. 145, 146. 



section seven. The supreme judicial court shall have juris- 
diction in equity upon a petition filed by the attorney 
general to enjoin the further prosecution of any such plan 
and to appoint receivers to secure and distribute the assets 
received thereunder. Approved March S4, 1938. 



Chap.lA6 An Act providing for the use of the records of the 

BOARD OF PROBATION BY A COURT OR MAGISTRATE IN 
SENTENCING PERSONS FOUND GUILTY OF OPERATING MOTOR 
VEHICLES WHILE UNDER THE INFLUENCE OF INTOXICATING 
LIQUOR. 

Be it enacted, etc., as follows: 

Paragraph (1) (a) of section twenty-four of chapter 
ninety of the General Laws, as appearing in section one of 
chapter four hundred and thirty-four of the acts of nineteen 
hundred and thirty-six, is hereby amended by inserting after 
the word "registrar" in the tenth line the words: — or of 
the board of probation, or of both said offices, — so as to 
read as follows: — (1) (a) Whoever upon any way or in any 
place to which the public has a right of access operates a 
motor vehicle while under the influence of intoxicating 
liquor shall be punished by a fine of not less than thirty-five 
nor more than one thousand dollars, or by imprisonment 
for not less than two weeks nor more than two years, or 
both. A court or magistrate, before imposing sentence 
upon a person found guilty of a violation of this paragraph 
shall ascertain by inquiry of the office of the registrar or of 
the board of probation, or of both said offices, what records 
or other information said office has tending to show that 
said person has been convicted of a like offence by a court 
or magistrate of the commonwealth within a period of six 
years immediately preceding the commission of the offence 
with which he is charged. Approved March 24, 1938. 



G. L. (Ter. 
Ed.), 90. § 24, 
etc., amended. 



Records of 
board of 
probation 
available in 
certain cases. 



Chav.l4:Q An Act relative to the suspension of licenses to 

OPERATE MOTOR VEHICLES IN CASE OF FATAL ACCIDENTS. 



G. L. (Ter. 
Ed.), 90, § 29, 
etc., amended. 



Suspension 
of licenses. 



Be it enacted, etc., as follows: 

Section twenty-nine of chapter ninety of the General 
Laws, as most recently amended by chapter three hundred 
and ninety-one of the acts of nineteen hundred and thirty- 
six, is hereby further amended by striking out the last two 
sentences, as appearing in section one of chapter four hun- 
dred and seventy-seven of the acts of nineteen hundred and 
thirty-five, and inserting in place thereof the following : — 
Whenever the death of any person results from any such 
accident, the registrar shall suspend forthwith the license 
of the person operating the motor vehicle involved in said 
accident and shall order the said Hcense to be delivered to 
him, unless a preliminary investigation indicates that the 
operator may not have been at fault; and the registrar shall 



Acts, 1938. — Chaps. 147, 148. 103 

revoke the same unless, upon investigation and after a 
bearing, he determines that the accident occurred without 
serious fault upon the part of the operator of such motor 
vehicle, and shall order the said Hcense to be delivered to 
him if not already delivered as aforesaid. No operator 
whose license is revoked under this section shall be hcensed 
again within six months after the date of the suspension, 
or the date of the revocation if it was not suspended prior 
to the revocation, nor thereafter except in the discretion of 
the registrar; provided, that the foregoing shall not be 
construed to authorize the exercise of such discretion con- 
trary to any provision of section twenty-four. 

Approved March 24, 1938. 



An Act to authorize the acquisition by buzzards bay Chap. 147 

GAS COMPANY OF THE PROPERTY AND FRANCHISES OF 
BARNSTABLE COUNTY GAS COMPANY OR THE CONSOLI- 
DATION OF SAID COMPANIES. 

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

Be it enacted, etc., as follows: 

Buzzards Bay Gas Company is hereby authorized and 
empowered to purchase and acquire the property and fran- 
chises of or to consohdate with Barnstable County Gas 
Company, and said Barnstable County Gas Company is 
hereby authorized and empowered to sell and convey its 
property and franchises to or to consohdate with said Buz- 
zards Bay Gas Company, but such purchase and sale or 
consolidation shall not be valid or binding until the terms 
thereof have been approved, at meetings called therefor, 
by a vote of at least two thirds in interest of the stockhold- 
ers of each of said companies, and until the department of 
public utilities after notice and a pubhc hearing has deter- 
mined that the facilities for furnishing and distributing gas 
will not thereby be diminished and that such purchase and 
sale or consolidation and the terms thereof are consistent 
with the public interest. Approved March 29, 1938. 



An Act dissolving certain corporations. C/iap. 148 

Whereas, The deferred operation of this act would tend ^^^^^^^^Te''' 
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. Such of the following named corporations as 
are not already legally dissolved are hereby dissolved, sub- 
ject to the provisions of sections fifty-one, fifty-two and 



104 Acts, 1938. — Chap. 148. 

fifty-six of chapter one hundred and fifty-five of the General 
Laws : — 

A. A. Klauer Co., Inc., A. A. Morris, Inc., A and A Realty, 
Inc., A. and J. Shoe Repair Corporation, A. B. Wacblin, 
Inc., A. C. Richards Company, Incorporated, A. D. Fon- 
taine, Inc., A. Durso Company, Inc., The, A. E. O'Toole 
Company Inc., A. F. Gordon Inc., A. F. Leonard & Son 
Inc., A. J. Leard Company, A. L. Richardson & Bro., Inc., 
A. M. Chapel Machine Company, A. M. Samour Mfg. Co., 
Inc., A. N. Hederstedt, Inc., A. Shepherdson, Inc., A. Susi 
& Co. Inc., A. W. Brownell Corporation, Abbott & Arnold, 
Inc., Abell Manufacturing Company, Abington Factories 
Inc., Academy Pictures Corporation of New England, Ace 
Transportation Co., Acme Amusement Enterprises, Inc., 
Acme Electric Manufacturing Co.. Acme Fruit & Vegetable 
Company, Inc., Acme Road Machinery Company of Massa- 
chusetts, Adams Company, Inc., Adams- White Brush Com- 
pany, Adelphi Contracting Corporation, Adelson's Market, 
Inc., Adolph M. Schwarz, Inc., Advance Trailer Service of 
Massachusetts, Inc., Advance Wood Heel Co., Aetna Petro- 
leum Sales, Inc., Air Conditioning Publications Inc., Air- 
craft Development, Inc., Albany Filling Station, Inc., Al- 
drich Clothing Company, Alec DiGregorio Co., Alexander 
Moore Inc., Alfred Brigham Company, Alfred E. Haines 
Company, Alger E. Eaton & Sons, Inc., Alkon Bros. Co., 
Allen-Drew Companj^, Allen Payson Co., Allen Plumbing 
Supply Company, Inc., Allman and Olins, Inc., Al's Food 
Shop, Inc., American Associates, Inc., American Beef Co., 
Inc., American Coal & Coke Co. of Worcester, American 
Construction Co., American Film Exchange, Inc., Ameri- 
can Innersole Co. Inc., American Optical Company of 
Argentina, American Specialties Corporation, Amherst 
Manufacturing Company, Amilco, Inc., Andrew F. Leather- 
bee & Co. Inc., Andrews and Oilman Inc., Andrews Milk 
Company, Inc., Androscoggin Pulp Company, Anlof's 
Transportation Co. Inc., Anna E. Cuenin Shop Inc., Annis- 
quam Associates, Inc., Anthony & Co. Inc., Appleton Realty 
Company, Appleton Store, Inc., The, Araho Stables Inc., 
Arborview Pharmacy, Inc., Arcade Super-Stores, Inc., Arden 
Box Toe Company, Arjah, Inc., Arlington Laundry Inc., 
Armalee Shoe Co., Arms Manufacturing Company, The, 
Armstrong & Ripley Incorporated, Arnold Print Works, 
Inc., Arrow-Puritan Sportswear Company, The, Arthur L. 
Brown, Inc., Artvelope Corporation, Arvedon Brothers, Inc., 
Ashland Shoe Company, Assembled Notions Co., Associ- 
ated Buyers Corporation, Associated Realty Co. of Spring- 
field, Assured Equities, Incorporated, Athan Dritsas Shoe 
Company, Inc., Atlantic Beer & Wine Company, Atlantic 
Investments, Inc., Atlantic Leather Corporation, Atlas 
News Company, Atlas Utihties Corporation, Atlas Wall 
Paper & Paint Company, Aubry's Bakery, Incorporated, 
Auburn Excavating Co., Inc.. Auto Radio Service Incor- 



Acts, 1938. — Chap. 148. 105 

porated, Automobile Commission Sales Company, Avery- 
Woodbury Corporation, Ayer Ski Club, Inc. 

B. A. Corbin & Son Company, B. & C. Laundries, Inc., 
B & H Motor Transportation Co., Inc., B. F. Construction 
Co. Inc., B. J. Fitzgerald, Inc., B. L. B. Bus Company, B. Z. 
Markets, Inc., Babbitt St. Pharmacy, Inc., Bacon Wood 
Heel Company, Baded Corporation, The, Bailey & Blen- 
dinger Manufacturing Company, Bailis Knitting Mills, Inc., 
Baker & Kimball, Inc., Baker Enterprises, Inc., Baker Yacht 
Basin, Inc., Balloon Heels Incorporated, Balmer Realty 
Corp., Balmoral Associates, Inc., Baltimore Club Distilling 
Co. of New England, Bancroft Clothes, Inc., Bancroft Steel 
Co., Inc., Bankers Realty Company, Banner Shoemakers 
Inc., Bar, Inc., The, Barden Cream & Milk Co., Barron 
and Seigel, Inc., Barron's Market, Inc., Barsalou's Market 
Inc., Bay State Commercial Compan}'', The, Bay State 
Japanning Company, Bay State Leather Co, Inc., Bay 
State Market, Inc., Worcester, Bay State Products, Inc., 
Bay State Road Company, Inc., Bay View Lunch Cart 
Company, Inc., Beach Restaurants, Inc., Beacon Accept- 
ance Corporation, Beacon Restaurant & Grill, Inc., Beacon 
Service, Inc., Beacon Sport Wear & Uniform Company, 
Beaumont Pictures, Inc. of N. E., Beccia's Golden Rule 
Company, Incorporated, Beckwith Manufacturing Com- 
pany, Bedford Painting and Decorating Company, Bedford 
Realty Corporation, Bedford Textile Company Inc., Belknap 
& Paine, Inc., Bell Building, Incorporated, The, Belleville 
Shoe Manufacturers, Inc., Bellhy Realty Co., Belliveau 
Tavern, Inc., Belting & Leather Products Association, Inc., 
Bennie's Delicatessen, Inc., Bent's Laundrj^ Incorporated, 
Berkley & Gage Furniture Company, Berkshire Airways, 
Inc., Berkshire Construction Company, Berkshire Paper 
Co., Berman Radio Company, Inc., Berry & Withington, 
Inc., Besse Block of Brockton, Inc., Bethlehem Knitting 
Mills, Inc., Better-Made Millinery Corp., Betty Alden, 
Inc., Betty Lees, Inc., Beulah Investment Corporation, 
Beverage Dispensing Apparatus Corporation, Beverly's 
Furriers Corp. (4-11-35), Beverly's Furriers Corp. (4-22-35), 
Big Bear Liquor Mart, Inc., Bilt-Well Heel Company, 
Binder & Kaplan Dress Co., Bird Floor Covering Sales Cor- 
poration, Bittinger Publishing Company, Black & White 
Beauty Shop and Knitting Alcove, Inc., Blank and Pam- 
phlet Binding Company, The, Blue Goose Restaurant, Inc., 
Blue Hill Laundry, Inc., Bluine Manufacturing Company, 
Bonded Liquor Sales Corporation, Boston Airport Corpo- 
ration, Boston Beauty Supply Dealers Association, In- 
corporated, Boston Brazing and Welding Company, Boston 
Casing Company, Inc., Boston Clothing Shop Co., Boston 
Coat Manufacturing Co., Boston Coke Company, Boston 
Dental Laboratory Company, Boston Dwelling House 
Company, Boston Equipment Company, Boston Filter 
Company, Boston Fresh Tripe Company, Boston Furniture 



106 Acts, 1938. — Chap. 148. 

Market, Inc., Boston Mortgage and Loan Corporation, 
Boston-Okanogan Apple Company, Boston Portrait Com- 
pany Inc., Boston Sawdust Company, Inc., Boston Struc- 
tural Steel Company, Boston Transit Mixers Inc., Boston 
Upholstery Trimming Co., Boston Wall Paper House, In- 
corporated, Boston Wholesale Radio, Inc., Bouvier Labora- 
tories Inc., Bowdoin Five and Ten Cents to a Dollar Store, 
Inc., Bowen Motors Inc., Bowler Brewing Company, Bowler 
Tadcaster Brewing Corporation Limited, The, Bowles- 
Agawam Airport, Inc., Boylston Coat Company, Boylston 
Dairies, Inc., Boylston Dental Laboratory Company, Bo- 
zart Corporation, Bradley Bldg. Spa, Inc., Braemore Hosiery 
Company, Braintree Rubber Cement Co., Brezco Tanning 
Company Inc., The, Bridge Tables, Inc., Bridge water Polish 
Co-operative Grocery Co., The, Brigham Pharmacy, Inc., 
Brighton Auto Accessories Co., Inc., Brighton Building Co. 
Inc., Brighton Realty Compan^y, Briscoe's Motor Express, 
Inc., Broadway Spa, Inc., Broadway Wood Heel Company, 
Brockton Amusement Co., Brockton Shirt Corporation, 
Brody Bros. Inc., Bromfield Finance Corporation, Brookline 
Corporation, Brooklyn Corporation, The, Brookside Gar- 
age, Inc., Brown Counter Company, Inc., Brownell & Com- 
pany, Inc., Browns Funeral Service, Inc., Brown's Motor 
Express, Inc., Brunswick Hotel, Inc., The, Brush & Living- 
stone, Incorporated, Builders Loan Association of Fall River, 
Inc., Burden Brook Cranberry Company, Burke's Package 
Store, Inc., Burk's Shoe Store, Inc., Burtman-Rondeau Co., 
Busconi Oil Company, Inc., Bush way Ice Cream Co., Bus- 
sell Supply Company, Buy American League, Incorporated, 
Byers Realty Co. 

C. A. Marsh & Company, Inc., C. F. Green and Sons, 
Inc., C. F. Pritchard, Inc., C. G. Howes Company (1912), 
C. H. Sprague & Son, Inc., C. M. Riley Company, C. O. 
Nordling, Incorporated, C. S. Hathaway & Sons Laborato- 
ries Inc., The, C Street Grill, Inc., Cabot Cleansing Co., 
Inc., Caldwell Wallace Co. Inc., Call Beck Inc., Call's 
Pharmacy Inc., Cambridge Garage, Inc., Cambridge Olym- 
pia Realty Co., Cambridge Rubber Sales Corporation, Cam- 
den Upholstering Company, Camille, Inc., Camp Brunonia, 
Inc., Campbell Electric Mfg. Compan}^, Inc., Cannon Chair 
Company, Cannon Shoe Company, Canteen, Inc., The, 
Canterbury Development Corporation, Cape Cod Cran- 
berry Distributors, Incorporated, Cape Tire Company, Inc., 
Capitol Furniture Company, Capitol Market, Inc., Captain 
Wright Cigarette, Inc., Caracasis & Colander, Inc., Caravan 
Coffee Co., Inc., Carl A. Peterson, Inc., Carl Freudenberg, 
Inc., Carl Olson & Sons, Incorporated, Carl P. Peterson 
Company, Carlstrom Bus Lines, Incorporated, Carlton Rus- 
sell Bridge Features, Inc., Carlton Wine & Liquor Co., 
Inc., Carnej^ Uniform Co. Inc., Carpignano Workingmen's 
Finance Co. Inc., Carrier-Boston, Inc., Carrier-Call Sales 
Corp. of Boston, Carter Toplift Company, Casa-Loma, Inc., 
Casgros, Inc., Cashaid Inc., Casino Vendome, Inc., Castle 



Acts, 1938. — Chap. 148. 107 

Realty Corporation, Catania Importing Co. Inc., Cavraud 
Corp., Central Coal Company, Central Properties, Inc., 
Central Square Auto Parts Co., Inc., Central Square Pack- 
age Store, Inc., Centre Drug Company, Centre Meat Mar- 
ket, Inc., Centre Pharmacy of Jamaica Plain, Inc., Century 
Film Corp., Century Motors Inc., Century Pictures Dis- 
tributing Co. Inc., Cerago's, Incorporated, Cestus Food 
Products Co., Chadbourne-Walker Machine Screw Com- 
pany, Chadwick & Carr Refrigerator Corporation, Chad- 
wick Construction Co., Chainbilt Inc., Chamberlain, O'Brien 
Co., Inc., Chandler Oil Cloth Company, Channel Shoe Press 
Company, Charak Chemical Company, Charles A. Malley, 
Inc., Charles C. E. Harris Co., Inc., Charles E. Gibson Com- 
pany, The, Charles E. Grant Company, Charles E. Smith 
Company, Charles E. Stanwood & Sons, Inc., Charles Hunt 
Company, Incorporated, Charles R. Knight, Inc., Charles- 
town Theatre Co., Chauncy Woolen Company, Chelmsford 
Shoe Co., Chemical Research Laboratories, Inc., Chessman 
and Donato Corporation, Chicopee Hat Shoppe, Inc., Chic- 
opee Neckwear Mfg. Co., Inc., Chilton Company, The, 
Cities Service Refining Company, City Glass Company, 
Inc., City Hall Drug Company, Inc., City Theatre Building, 
Inc., Clarence Durant, Inc., Clarence H. Burnham, Inc., 
Clarence H. Spike, Inc., Clarite Laboratories, Inc., Clark- 
Wright Inc., Clearing House Investment Corporation, Clear- 
ing House of New England, Inc., Clearing House Securities 
Corporation, Clement Textile Co., Clifford E. Peterson, 
Inc., Clifton Cafeteria, Inc., Codman Square Theatre Co., 
Cole Realty Corporation, Coleman Bros., Incorporated, 
Coleman Corporation, College Throwsters of Haydenville, 
Inc., Collins & Quinlan, Inc., Colonial Adjustment Bureau, 
Inc., Colonial Hat Co., Colonial Holding Corp., Colonial 
Publishing Company, Inc., Colonial Restaurant Inc., Colo- 
nial Shoe Makers Inc., Columbia Construction Corp., Co- 
lumbia Spa Inc., Columbus Associates of Gloucester, Inc., 
Combined Realties and Finance Corporation, Commercial 
Discount Corporation, Commercial Fabric Imitation Reed 
Corporation, Commercial Filters Corporation (1934), Com- 
mercial Fruit Company Inc. of Worcester, Commercial 
Motors Corp., Commercial Reed & Rattan Corporation, 
Commonwealth Construction Co., Inc., Commonwealth 
Distributing Corporation, Commonwealth Loan & Dis- 
count Corporation, Commonwealth Protective Safety Co., 
Commonwealth Refrigeration Co., Commonwealth Transfer 
and Registrar Company, Commonwealth Whiskey Corpo- 
ration, Community Distributors, Inc., Community Service 
Wet Wash Inc., Conaway Company, Inc., Conley Gen- 
eral Construction Co., The, Conservatory Pharmacy, Inc., 
Continental Extracts Corporation (of Massachusetts), Con- 
verters Incorporated, Coolidge Corner Market, Inc., Co- 
operative Homemakers, Inc., Cooperative Restaurants, Inc., 
Coote Inc., Copley Square Pharmacy, Inc., Corporation 
Trust, Incorporated, The, Correctaire Corp., Corrington, 



108 Acts, 1938. — Chap. 148. 

Inc., Cotuit Cranberry Company, Coulter & Weiner, Inc., 
Craftex Company, Crawford & Pulsifer, Inc., Crawford 
Meat Market, Inc., Crawford's Inc. of Philadelphia, Cream 
Company, Creamery Lunch, Inc., Credit Center Incorpo- 
rated, Creditors National Clearing House, Inc., The, Cros- 
Dick Corporation, Crosby Carton Co., Inc., Cross Drug Co., 
Crossman's Hardware Co., Crown Amusement Company, 
Cummings & Pearson, Inc., Curtain Manufacturing Outlet 
Co., Curtain Shoppe, Incorporated of Lawrence, The, Cur- 
tis & Callahan Co., Cusher Shoe Co. Inc., Cushing Refriger- 
ation Manufacturing Company, Cutter Shoe Co. Inc., The. 

D & B Sales Corporation of New England, D & D Con- 
struction Co., Inc., D. E. Burbank Inc., D. H. Reid Co., 
Inc., D. K. Carpenter Corporation, The, D. T. Cass In- 
corporated, D-V-M Contracting Co., Inc., Dana Hill Mar- 
ket, Inc., Daniel D. Dacey Co., Daniel J. O'Neil Co., Dart 
Realty Corporation, Davenport Studios, Inc., The, Daves 
Furniture, Inc., David H. Murphy and Sons Company, 
Davidson Press, Inc., The, Davis, Alberts Co., Inc., Dawn, 
Inc., The, De Luxe Pocket Umbrella Inc., DeMallie and 
Brescia, Inc., Dedham Community Theatre, Inc., Delisco 
Corporation Limited, Demetra Shoe Company, Inc., Dennis 
& Company Inc., Derby Racer Corporation, Design Process 
Company, Devonshire Dairies, Inc., Devonshire Finance 
and Investment Corporation, Devonshire Realty Company, 
Dewey Radio Distributing Co., Dewey Shoe Co., Diadem 
Manufacturing Company, Dial Shoe Company, Inc., Dick- 
son-Miller Co., Diehl & Putnam, Incorporated, Dietz Kid 
Inc., Directors Realty Corporation, Discograph Company, 
The, Discograph, Inc., Doane, Beal & Ames, Inc., Dock- 
am's Animal Farm, Inc., Dr. McKnight Dentists Inc., Dr. 
Swett Root Beer, Inc., Donald D. Snyder, Inc., Donnelly 
Manufacturing Company, Donovan & Lutes, Inc., Dorches- 
ter Plumbing Co., Dorco, Inc., Dorothy McElwain, Inc., 
Douglas Realty & Loan Company, Incorporated, Dowd 
Furniture Co., Inc. (1932), Down East Lines, Inc., Doyle 
Brothers Incorporated, Dudley Milling Co., Dump Truck 
Service Corporation, Duncan Fuel Co., Inc., Duncanson & 
SulHvan Inc., Dunn Inc., Duo- Vent Window Co., Durable 
Finish Corp., Dutan Laboratories, Incorporated, Dutton's, 
Inc., Dvorak Bros., Inc. 

E. A. McEachern, Inc., E. A. Whipple & Sons, Inc., 
E. Alessi Construction Corporation, E. C. Sargent, Inc., E. E. 
Nazzaro & Co., Inc., E. G. Wilson Company, Incorporated, 
E. O. Smith Company, E. S. Chase & Co., Inc., E. S. King 
Company, Eastern Body and Accessory Corporation, Eastern 
Coal Company, Eastern Dog Food Company, Eastern En- 
gineering Corporation, Eastern Shipbuilding Corporation, 
Ecksol Sales Corporation, Economy Cut Rate Stores, Inc., 
Economy Plumbing Supply Co. Inc., Economy Sales Co., 
Incorporated, Edlen Dress Shoppes Inc., Edwin P. Leonard, 
Jr., Inc., Egleston Auto Sales Inc., Egleston Gardens Inc., 
Eichler Associates, Inc., Eichler Trust, Inc., 88 Birnie Ave. 



Acts, 1938. — Chap. 148. 109 

Corp., Eisenberg's Inc., Elanbee Sales Company, Inc., El- 
bridge Nash Drug Company, Elbridge S. Young Company, 
Eli Afes Electric Shop, Inc., Ehas, Jackson & Company Inc., 
Elk Silk Mills, Inc., Elliott & Company, Inc., Elliott, Davis 
& Company, Engineering Division, Inc., Ellis Cafeteria Inc., 
Ells-Gal vin Corporation, Emerson & Whitney Co., Emil 
Seidel Co., Empire Beef & Provision Co., Empire Market, 
Inc., Empire Yeast Distributing Co., Inc., Encore Products 
Co. Inc., Epicure, Inc., The, Epstein's Shoe Shoppe, Inc., 
Erik E. Laurentz Inc., Essex County Racing Association, 
Inc., Essex Farms Products, Inc., Essex Leather Co., Inc., 
Essex Theatres Co., Evans & Foster Inc., Everett Trans- 
portation Company, Ejrre & Company, Inc. 

F. A. Howard Products, Inc., F. Chamet, Inc., F. E. 
Slingerland, Inc., F. H. Jackman Co., F. T. Langford Com- 
pany, F. T. Lord Polish Co., F. W. Lane, Incorporated, 
Fabian Supply Co., Inc., Fabric Fire Proofing Company, 
Falcool Theatrical Productions, Inc., Fall River Tire Com- 
pany, Inc., Falmouth Casino, Inc., Falmouth Trust, Inc., 
Famous Lunch Inc., Farina-Chaves Shoe Co., Farmcrest 
Dairy, Inc., Farnsworth Transfer Co., The, Fashion Shoppe, 
Inc., The, Federal Displays Incorporated, Federal Oil Burner 
Corporation, The, Federal Refrigerator Corp. of Springfield, 
Federated Travel Agents, Inc., Feeding Hills Country Club, 
Incorporated, Felco Food Products Co., Fellsgate Manu- 
facturing Company, Felt Craft Hat Co., Fenton's Inc., 
Fenway Land Co., Inc., Fenway Theatre Corp., Fibrex 
Broom Company, The, Fidler's, Inc., Field Motors, Inc., 
Fielding & Company Inc., Fifth Ave. Linen Shop, Inc., 
Fifty-four Auburn St., Incorporated, Fine Arts Guild, Inc., 
Fisheries Products Incorporated, Fisk Rubber Company, 
The, Fitzgerald Company, Flagg Oil Company, Flexotile 
Floor Company, Flint Shoe Co., Inc., Floyd Shoes, Inc., 
Foley Paper Company, Food Importing Corp., Forest Mill- 
ing Co., Inc., Forrest B. Makechnie, Inc., Foster Orchards, 
Incorporated, Fowler Company, Framingham Motors Sup- 
ply Co., Franco American Civic League Publishing Corpora- 
tion, The, Franco Manufacturing Co., Inc., Frank A. An- 
drews Co., Inc., Frank A. Reccord, Inc., Frank Davis & Son, 
Inc., Frank L. Downey, Inc., Frank L. Newcomb Company, 
Frank Ross Company, Frank Shoe Manufacturing Co., Inc., 
Frank W. Whitcher Company, Franklin Airport Incorpo- 
rated, Franklin Beef Co., Franklin Hats, Inc., Franklin 
Park Confectionery, Inc., Franklin Patent Co., Inc., Frank- 
lin Productions, Inc., Franklin Wallace Co., Inc., Fred 
Butterfield & Co., Inc., Fred E. Hall Company, Fred H. 
Bean Co., Fred R. Haight Inc., Freeman Motors, Inc., 
Freeman Tibbetts Co., Freeport Manufacturing Corpora- 
tion, Freight Distributing Service, Inc., Frontera-Scola Ves- 
sels Co., Frostoff Co. of New England Inc., Frost's, Inc., 
Fuel Oil Saver Coil Company, Fuel Supply, Inc., Fuels & 
Air Conditioning, Inc., Fulton Beef & Provision Co. Inc., 
Funny Folks Co., Furniture Publications, Inc. 



no Acts, 1938. — Chap. 148. 

G. E. Rich, Inc., G H M Company, G. Rosse & Son, Inc., 
Gables Casino, Incorporated, Galen Pharmacal Co., Gardner 
Corporation, The, Gardner Creamery, Incorporated, Garfield 
Furniture Manufacturing Co., Inc., Garin Company, Inc., 
Garritt Motor Company, Inc., Gately Square Hardware and 
Radio Company, Gem Loan Company, General Automotive 
Products Company, General Business Corporation, General 
Chemical Products, Inc., General Foundation Company, 
General Lunch Shops, Inc., General Service Corporation, 
General Shaver Corporation, Geo. E. Damon Company 
Inc., George F. Watts Equipment Corporation, George Frost 
Company (1892), George L. Parker, Inc., George L. Weiss 
Company, George T. Fogg, Inc., George W. Johnston, Inc., 
George W. NicoU Co., Inc., George W. Sprague Co., Inc., 
Geo. W. Wheelwright Paper Company, German Consumers 
Co-operative Company, The, Gilbert, Hurst Bakeries, Inc., 
Giles Bros. Inc., Gilman & Gordon Realty Co., Inc., Gilsart 
Tanning Company, Inc., Gimbel's Inc., Gladwin and Foss 
Company, Glendale Farm Milk Incorporated, Glendale 
Milk Products, Inc., Glenn O'Roak, Incorporated, Globe 
Cleansing Co. Inc., Globe Engineering & Machine Co., 
Globe Insulated Wire Company, Globe Silk Label Co. Inc., 
Gold Beach Placers, Inc., Gold Seal Oil & Supply Co., Goni 
& Morris Inc., Goodhue, Clapp & Co., Inc., Goodman 
Brothers Corporation, Goodman Novelty Company, Inc., 
Goodwear Cloak Co., Inc., Gordon Realty, Inc., Gorney, 
Inc., Gould Oil Burner Company, The, Gould Witch Hazel 
Company (1914), Granite Holding Company, Granite Shoe 
Co., Inc., Graroe Inc., Grattan Street Cash Market, Inc., 
Greater Boston Cleansers Inc., Green Trap Company Inc., 
Greenberg The Tailor, Inc., Greenough Construction Co., 
Greenwood-Shepherdson Co., Grenache & Surprenant, In- 
corporated, Greylock Hotel Corporation, The, Griffin Spe- 
cialty Co., Inc., GrinneU Manufacturing Corporation, 
Grocers' Credit Bureau, Inc., Grotto Cafe, Inc., Grove 
Leather Company, Grow Motor Company, Guardian Finan- 
cial Corporation, Gulf Stream Fish Co., Inc., Gunning 
Boiler and Machine Company, The, Guzelian Bros., Inc. 

H. B. Keen, Inc., H. Churchill & Sons, Inc., H. Dawson 
& Co. Inc., H. E. Chefalo Company, H. E. Zahr, Inc., H. 
Hollander Co., Inc., H. J. Beals & Sons, Inc., H. L. Dakin 
Co., Inc., H. L. Frost & Higgins Company, H. M. Haley 
Electric Company, Inc., H. W. Peters & Co., Inc., H. W. 
Peters Corporation, H. Wolpert Shoe Co. Inc., Hacking 
Beauty Shops, Inc., Hairdressers' Supply & Equipment Co., 
Inc., Hale and Allen Inc., Haley Gate Rockwood Machine 
Co., Hamiltons Lunch, Inc., Hampshire Hardware Co., Inc., 
Hampshire Investors Incorporated, Harbor Oil Co. Inc., 
Harbor Shoe Manufacturing Company Inc., Hard wick 
Realty Corporation, Harold E. Morse, Inc., Harrington 
Hotel Corporation, Harris Avenue Realty Company, Harris 
Silk Hosiery Sales Corp., Harry Cohen Insurance Agency 
Inc., Harry E. Smith, Inc., Hartford Despatch Co., Inc., 



Acts, 1938. — Chap. 148. Ill 

Hartwell Hartley, Inc., Harvard Chemicals, Inc., Harvard 
Mfg. Co., Inc., Harvard Students Telephone Directory, Inc., 
Haislam's Drug Store, Inc., Hawkes Plumbing & Heating 
Company, Hayes-O'Connor Company, Hay ward. Inc., The, 
Haj^ward Place Restaurant, Inc., Hazelton-DeBevoise Inc., 
Hellenic Stemma Coffee Company, Inc., Helpern Glove 
Company, Inc., Henry L. Mulligan, Inc., Henry M. Nagel 
& Co., Inc., Henry Marx & Co., Inc., Henry P. Doe Com- 
pany, Herbert Aucock Company Incorporated, Herbert 
Leather Co. Inc., Herbert S. Potter Company, Hermann & 
Zilch, Inc., Herse}^ Paper Lining Co., Hickey Shoes, Inc., 
High Street Garage Inc., High Street Press, Inc., Hill & 
Michie Real Estate Company, The, Hill's Garage, Inc., 
Hingham Laundry Co., Hodges Finishing Company, Holm- 
berg and Arvidson, Inc., Holyoke Ice Company, The, Hol- 
yoke Mortgage Corporation, Home Finance Corporation, 
Home Improvement, Inc., Home Modernizing and Sales 
Corporation, Home Security Co., Homestead Company, The, 
Hoosac River Development Corporation, Hope Company, 
The, Horseneck Amusement Company, Hospital Pharmacy, 
Inc., Hospital Service Incorporated, Hotel Preston Oper- 
ating Company, Hotel Rock-Mere, Inc., Houghs Neck 
Amusement Co. Inc., Howard Bargain Day Inc., Howard 
Manufacturing Company, Howe Shoe Co., Inc., Howland- 
Ricketson Motor Company, Inc., Howland Sons Company 
Incorporated, Hub Body Corporation, Hub Confectionery 
Co., Inc., Hub Plumbing & Heating Supply Corp., Hub Scrap 
Iron & Metal Co. Inc., Hugh P. Duffill Corporation, Hull- 
Ward, Inc., Hurley Shoe Stores Company, Hydro-Culture, 
Inc., Hygrade Auto Sales Inc., Hyland Realty Company, 
Hy's Workman Shop Inc. 

I. Millman Sons Co., Ideal Leather Co., Ideal Neckwear 
Company, Ideal Shoe Co., Import Drug Co., Inar Johnson 
Motor Company, Independent Coat & Apron Supply Co., 
Inc., Independent Fireworks Manufacturing Company, In- 
dependent Holding Corporation, Indian Overall Mfg. Corp., 
Industrial Brush Company, Industrial Commodity Corpora- 
tion, Industrial Finance Company, Industrial Loan and 
Investment Company, Innholders, Inc., Institute of Public 
Education, Inc., Insulating Products Company, Insurance 
Claims Adjusters, Inc., Insurance Premium Finance Cor- 
poration, Inter-City Electrical Co., Intercity Driving As- 
sociation Inc., International Publishing Company, The, 
International Teleform & Transmission Corporation, Inter- 
national Waste Company, Interstate Ballrooms, Inc., 
Interstate Motor Sales Corporation, Investment & Equity 
Fund, Incorporated, Investors Associates, Inc., Investors 
Management Company, Isaac Locke Co., Israel Mindick & 
Company, Inc., Italian Association of Somerville, Inc. 

J. A. Young & Co., Inc., J. C. Burke & Son, Incorporated, 
J. C. Dansak, Inc., J. C. Eraser & Sons Company, J. C. 
Munyan Co., J. D. Bornstein, Inc., J. Earnshaw Company, 
Inc., J. Edouard Demers Model Bakery, Inc., J. G. McCrory 



112 Acts, 1938. — Chap. 148. 

Company, Massachusetts, J. Grossman Co., J. H. Rand 
Finance Corporation, J. H. Sullivan Company, J. J. Casey 
& Sons, Inc., J. J. Hernon Motors, Inc., J. L. Budington & 
Company, Incorporated, J. L. Shannon Manufacturing 
Company, J. P. Fait Co., J. Russell Barlow, Inc., J. W. 
Cook & Son Company, J. W. Hession, Inc., J. W. Stewart 
Co., Jack Frost, Inc., Jackson and Company (Inc.), Jamaica 
Pond Garage Company, James E. Getchell Company, Inc., 
James Hawley Company, James T. Corcoran Shoe Co., 
Jason Jewelry Company, Inc., Jay Bros., Inc., Jeandros 
Dye & Print Works, Inc., Jefferson Quality Market, Inc., 
Jobin Monument Co., Inc., John A. Cotter & Sons, Inc., 
John B. Finney Co., John B. White, Inc., John Deveney 
Co., Inc., John E. Ryan Co., John Gillooly, Inc., John 
H. Parker Company, John J. Morgan Advertising Agency, 
Inc., John M. Tobin, Incorporated, John Mutch Co., John 
P. Tracy, Inc., John W. Barlow Company, John W. Schaef- 
fer & Co., Inc., Johnson and Kettell Company, Johnson 
Educator Biscuit Company, Johnson Educator Food Com- 
pany, Jolly's Ice Cream, Inc., Jonas Shoe Company, Jordan 
Motor Lines Inc., Joseph DiCicco & Son, Inc., Joseph Mas- 
sirman, Inc., Joseph Shwartzberg, Inc., Julius A. Glazier, 
Inc. 

K. H. B. Corporation, K Stores Corporation, The, Kaden 
Coat Co. Inc., Kane Furniture Company of Brockton, 
Kane Furniture Company of Quincy, Kay Manufacturing 
Corp., Kaysam Development Corporation, Keenan Parking 
Grounds, Inc., Kelbay Corporation of Massachusetts, Kel- 
logg's Inc., Kelly-Smith Lumber Co., Kempton Associates, 
Inc., Kenco Restaurants, Inc., Kenmore Auto Sales, Inc., 
Kenwood Distributing Company, Inc., Kej^stone Domestic 
and Importing Co., Inc., Keystone View Company of New 
England, Khoury Warp Stop Motion, Inc., Kilby Under- 
writers Insurance Agency, Inc., Kilmarnock Cafe, Inc., 
King Street Market, Inc., Kingman P. Cass, Inc. (1932), 
Kirby Company of New England, Klein-Farris Co., Kra- 
mer & Halpern, Inc., Kunin Shops, Inc. 

L. A. Ryan Plumbing & Heating Co., Inc., L. B. Dudley 
Shoe Co., L. B. Southwick Company, The, L. C. Creamer 
Co., L. J. Glott Shoe Co., L. P. Greenberg, Inc., L. S. Brig- 
ham, Inc., L. S. V. Motor Company, Inc., The, L. Solomon 
& Son, Inc., LaFrance & Dupuis Company, Inc., La Marca 
Pastry & Baking Co. Inc., Lachance Inc., Laird & Com- 
pany, Inc., Lane Manufacturing Company, Inc., Lastwell 
Shoe Company Inc., Lavin-O'Connell Counter Co., Law- 
rence Cleansing and Dyeing Company, Lawrence Ideal Shoe 
Co., Lawson Studio, Inc., The, LeBoeuf Novelty Company, 
Le Rendezvous Incorporated, Lea-Mac System, Inc., The, 
Leahy Coal and Supply Company, Lee Products Co., Inc., 
Leeman Bedding Co., Inc., Leen Shoe Stores, Inc., Lehr- 
man Shoe Company, Lenox Hotel, Inc. of Springfield, 
Leominster Theatre Company, Leonard Shoe Company, 
Inc., Leonite Glass Company, Liberty Grocery Company, 



Acts, 1938. — Chap. 148. 113 

Liberty Oil Company, Liberty Street Chevrolet Inc., Lib- 
erty Wall Paper and Paint Company, Incorporated, Lincoln 
Amusement Enterprises, Inc., Linwood Grill, Inc., Lion 
Beer Corporation of Massachusetts, Lisbon Spinning Com- 
pany, Liss Department Store, Inc., Litchfield Shuttle Com- 
pany, The, Little Harlem Inc., Little Pal's Cafe, Inc., The, 
Lladnarc Company, The, Lloyds Shoes, Inc., Locke Lum- 
ber Company, Lofchie Co., Longwood Corporation, Lord 
Shoe Co. Inc., Loren Realty Company, Inc., Louis A. 
Byrne Electrical Company Inc., Louis H. Werner Co., 
Louis Joseph Auction Galleries, Inc., The, Louise Van 
Everen Associates Inc., Loukas Realty Company, Lowell Ac- 
ceptance Corporation, Lowell Shoe Company (1935), Lowell 
Shoe Workers Association, Inc., Lubron Company, The, 
Lucio's, Inc., Lucky Boy Suit Co., Ludlow-Georgia Bagging 
Company, Ludlow Sales Corporation, Lugal Clothing Co. 
Inc., Lungmotor Corporation, Lustrebright Company, Inc., 
Luxeair Sales Corp. of Mass., Lydon, Diem & Co., Incor- 
porated, Lynn Chemical Company, Lynn Juvenile Shoe Co., 
Inc. 

M. A. Campbell Co., M. & H. Kaden, Inc., M & M Paint 
& Wall Paper Co. Inc., M. & S. Transportation, Inc., The, 
M. H. Realty Corporation, M. M. Gould Co., M. Murmes 
Company Inc., "Mac" Arnold's Lobster Pound Incorpo- 
rated, Mac Coughlan & Co., Inc., MacGregor Corporation, 
MacKay-Newcomb Company, MacNeil Bros. Company, 
Macullar, Son & Parker Company, Magee Furnace Com- 
pany, Mahoney Laundry Machinery Company, Inc., Ma- 
honey Laundry Machinery Corporation, Maier Bros., Inc., 
MaUlard Vermin Exterminating Company, Main Auto Ex- 
change, Inc., Majestic Investment Corporation, Majestic 
Pictures, Inc., Maiden China Company, Inc., Maiden 
Grinding and Welding Company, Maiden Young Mens 
Realty Investment Corporation, Mallett's Market Inc., 
Mallon Mattress Company, Manchester Calculating Com- 
pany, Mandell and Abrams, Inc., Mansfield Japanning Co., 
Inc., Manufacturing Engineers Corporation, Maple Butter 
Company, Inc., Maples, Inc., The, Maplewood Amusement 
Corporation, Marcia Rose, Inc., Marcy Coal Company, Inc., 
Margaret's Beauty Salon, Inc., Marine Fuel Corporation, 
Market Supply Company, Marlborough Times Publishing 
Company, Marshall L, Moulton, Inc., Martha's Vineyard 
Sand & Gravel Company, Martin Counter Co., Mary Camp- 
bell, Inc., Mason & Dube, Inc., Massachusetts Bay Steam- 
ship Co., Inc., Massachusetts Business Corporation, Massa- 
chusetts Coke and Iron Company, Massachusetts Coke 
and Manufacturing Company, Massachusetts Gas Companies, 
Massachusetts Gold Exchange, Inc., Massachusetts Hair 
& Felt Company, Massachusetts Liquor Publications, 
Inc., Massachusetts Motor Trucking & Garage Co., The, 
Massadent Company, Inc., The, Master Plumbers Supply 
Inc., Master Shoe Mfg. Co., Mathieu Tire and Battery 
Service Co., Inc., Maunsell Company Incorporated, Mau- 



114 Acts, 1938. — Chap. 148. 

rice Sapers Company, Inc., Maurice Walker & Company, 
Inc., Max Avenue Corporation, Max Raphel Corporation, 
Mayflour Bakery, Inc., McCann Shoe Co., Inc., McCarthy 
Baking Company, Inc, McElwain Farm, Inc., McGaughey, 
Inc., McGoohan Motor Co., Inc., Mclntire Pharmacy Inc., 
McLaughlin Marine & Oil Company, McManus Engineering 
Corporation, McRae & Keeler Company, McVitie & Price 
(U. S. A.) Inc., Mead-Morrison Sales Corporation, Meadows, 
Inc., The, Meditation Rosary Company, Incorporated, 
Medsom Beverages Company, Medway & Dedham Bus 
Lines, Incorporated, Meekins, Packard & Wheat Corp., 
Meekins, Packard and Wheat Inc., Megansett Lumber 
Company, Mehrmann's Rathskeller, Inc., Menotomy Hard- 
ware Co., Merchants Coffee Company, Inc., Merit Shoe 
Company of Athol, Merriam, Hall & Co., Inc., Merrimac 
Body Co., Merrimac Candy Company, Merrimack Cloth- 
ing Co., Inc., Merrimack Hotel Companj^, Inc., Merrimack 
Shoe Manufacturing Company, Merrivale Company, Metal- 
licoat Corporation of New England, Methuen Heel Finishing 
Co., Inc., Methuen Shoe Company, Metropolitan Employ- 
ment Service, Inc., The, Metropolitan Theatre Company, 
Metropolitan Transportation Corporation, Metropolitan 
Vaudeville Exchange, Inc., Meyers Transportation Co., 
Mid-Town Hardware & Supply Co., Middle Mass. Chemi- 
cal Company, The, Middlesex Chemical Corporation, 
Middlesex-Rutherford Garage Inc., Middlesex Sand and 
Gravel Co., Middlesex Tire & Battery Company, Inc., Mike, 
The Shoeman, Inc., Milford Hat Company, Inc., Millard 
Confectionery Corporation, The, Millcraft Shops Inc., 
Miller Golf Ball Company, Inc., Miller Made Dress Cor- 
poration, Miller-Malcolm Inc., Mills- Van Leeuwen, Inc., 
Minot Cleansers, Inc., Mitchell & Sutherland, Incorporated, 
Moderate Fur Co., Modern Baking Company, Inc., Modern 
Construction Company, Modern Improvement Co., Inc., 
Modern Nutrition Kitchen System, Incorporated, Mohegan 
Products Company, Monroe Bridge Paper Company, Mon- 
tan Treating Company, Montgomery Navigation Company, 
The, Montgomery Placers Corporation, Moore Inventions 
Corporation, Morgan-Kingman-Lewis Co., Morin's Motor 
Transport, Incorporated, Morris Paint and Hardware Com- 
pany, Inc., Morris Pike & Son, Inc., Morse & Molloy Shoe 
Company, Morse Last Company, Morton Wet Wash Co., 
Inc., Mosely and Maschin Incorporated, Munson-Whitaker 
Company, Murray Drug Co., Inc., Mystic Lake Realty 
Corporation, Mystic Tire & Battery Company, Inc., Mystic 
Valley Corporation. 

N. E. Gaston Ice Cream Company, N. H. Ware Co. Inc., 
N. N. Robillard, Inc., Nalon, Inc., Nantasket Novelty Co., 
Nantasket Virginia Reel Co., Nantucket, Inc.,, The, National 
Architects Exhibit Corporation, National Aviation Co., Na- 
tional Beaute Syndicate Inc., National Bottling Torah Co., 
Inc., National Chicle Company, National Railroad Securities 
Corporation, National Remodeling Co. Inc., National Res- 



Acts, 1938. — Chap. 148. 115 

taurant Equipment Co., Inc., National School of Salesman- 
ship, Inc., National Screen Service of Massachusetts, Inc., 
Nautican Realty Co., Neas-Berenson Co. Inc., Needham 
Theatre Corp., New American Hotel Company, New Boston 
Arena Company, The, New England Barber Supply Co., 
New England Beverage Dealers Association Inc., New 
England Building, Inc., The, New England Cities Ice Man- 
agement Company, New England Construction Equipment 
Company, New England Distributing Corporation, New 
England Financial Corporation, New England Food Prod- 
ucts Company, New England Grain Products Co., New 
England Jobbers Mill Service, Inc., New England Manufac- 
turing Company, New England Overall Dry Cleaning and 
Supply Co., Inc., New England Printer, Inc., The, New 
England Sales Association, Incorporated, New England Steel 
Rule Die Corporation, New England Tool Corporation, 
New-Hom Construction Company, Inc., New Palace Res- 
taurant, Incorporated, New Ritz Restaurant, Inc., Newark 
Furniture Bargain Store, Inc., Newbury Company, Inc., 
Newbury Mfg. Co., Nickerson Garage Inc., Nils Bjork 
Company, Nobbies Shoe Manufacturing Co., Nobby Shoe 
Manufacturing Co. Inc., Nonantum Coal Company, Nonan- 
tum Realty Company, Norfolk Finance Corporation, Nor- 
folk -Japanneries, Inc., Norman Realty Co. Inc., North End 
Auto Body Works, Incorporated, North Falmouth Con- 
struction Co., North Shore Operating Corp., North Terminal 
Motors, Inc., North-Union Realty Company, Northampton 
Stables Inc., Northeast Tea Company, Northeastern Indus- 
trial Loan Corporation, Northern Greyhound Racing Asso- 
ciation, Inc., The, Northern Manufacturing Co. of Massa- 
chusetts, Notion House of Boston, Inc., The, Nut House, 
Inc., The, Nutro Finance Corp. 

Oak Grove Bottling Works, Inc., Oakland Furniture Sales 
Co., Ocean Trawling Company, Odor Never Companj^, Inc., 
Old Colony Baking Co., Inc., Old Colony Broadcasting 
Corp., Old Colony Sales Corporation, Old Howard Apothe- 
cary, Inc., The, Old South Cone Company, Inc., Old Timers 
Restaurant, Inc., Olympia Construction Company, One State 
Street Pharmacy, Inc., Original Wright Dry Cleansers Inc., 
Orlando Bakery Inc., Outfit Clothing Company, Incorpo- 
rated, Overland Commonwealth, Inc., Overpass Trucking 
& Contracting Co., Inc., Oxner Company, Inc., Oyster 
Harbor, Inc. 

P. F. Bonney's Sons, Inc., P. J. Adams & Sons, Inc., 
P. J. MacNaughton Company, Inc., P. K. Lindsay & Co. 
(Inc.), P. P. Caproni and Brother, Incorporated, P. R. H., 
Inc., Paddock of Brockton, Inc., The, Palermo Fish Market, 
Inc., PalHster Botthng Co. Inc., Paper Liquidation Corpo- 
ration, Paradis Cash Market, Inc., Paramode Shoe Co., 
Paramount, Inc., Paris Fashion Shop, Inc., Paris Shop, The, 
Parisian Millinery, Inc., Park Square Building Company of 
Boston, Passaconaway Weaving and Knitting Co., Inc., 
Patent Holding & Mfg. Corp., Payson's Indehble Ink Co., 



116 Acts, 1938. — Chap. 148. 

Peanut Honey Corporation of Massachusetts, Peirce & Kil- 
burn, Inc., Penn Metal Company, Pentucket Realty Com- 
pany, People's Cash Market, Inc., Peoples Cleansers & 
Dyers, Inc., Peoples Loan and Investment Co., Persky's 
Home Bakery, Inc., Personal Credit Corporation, Personal 
Tribute Gold Portrait Company, Pet-Haven Inc., Peterboro 
Manufacturing Company, Phelps Theatre Company, Phil- 
brick & Pope, Inc., Philip Fishman Company, Photo Era 
PubHshing Company, Physicians and Dentists Credit Refer- 
ence Inc., Piccadilly Cleansers, Inc., Pickert Company, The, 
Pierce & Segal, Inc., Pierce Coach Lines, Inc., Pierce-Powers 
Mill Inc., Pigeon Paint and Wall Paper Co. Inc., Pilgrim 
Textile Corporation, Pindrus Hardwood Flooring Company, 
Pioneer Mills, Pittsfield Tire Exchange, Inc., Pittsford Power 
Company, Planet Company, The, Plaza Realty Corp., Plym- 
outh Finance Corporation, Plymouth Products Corporation, 
Plymouth Steamship Company, Inc., Plymouth Stove Works, 
Inc., Pljrrite Corporation, The, Poll-Parrot Beauty Salons, 
Inc., Polly Perkins Restaurant Inc., Pollyanna Inc., Ponikin 
Mills, Popular Pictures, Inc. (1935), Port Wentworth Com- 
pany, The, Porter Last Company, Portland Street Garage 
Corporation, Post-McVey Company, Inc., Post Road Press, 
Inc., Potato Products Company, Powers Construction Com- 
pany, Pratt-Lewis Corporation, Pratt's Market, Inc., Premier 
Hat Corp., Presson Express Co., Inc., Prews News Store, 
Inc., Pride Lamp Shade Co., Prideaux Florist, Inc., Priest- 
Gustafson Tire Co., Princess Hosiery Mills Inc., Printers 
and Publishers, Inc., Priscilla Sears Sweets, Inc., Program 
Pubhshers, Inc., Prompt Contractors, Inc., The, Property 
Analysis Corp., Providence Real Estate Company, Inc., 
Province Steps Cafe Inc., Provincetown Inn Corporation, 
Pubhc Utihties Appliance Corporation, Pubhx Stations, Inc., 
Pulsifer & Webber, Incp., Puritan Beef Co., Purity Drug 
Company. 

Quaker Valley Petroleum Company, Inc., Quality Ice 
Cream Company, Inc., The, Quality Products Mfg. Cor- 
poration, Quarry Realty Corporation, Quequechan Realty 
Company, Quincy Insurance Finance Corporation, Quinn 
Furniture Company. 

R. B. C. Fund, Incorporated, R. B. McKim Company 
Incorporated, R. B. Stone Lumber Co., Inc., R. Blum Co., 
R. D. Guarente & Sons, Inc., R. H. Baker Companv, Inc. 
(1933), R. H. Mulcahy Co., R. H. Splaine, Inc., R. H. 
Wheeler, Inc., R. M. Kaulback Co., R. Stolar Company, 
R. T, Allen & Bros. Incorporated, Racine Heel Co., Inc., 
Rain's Inc., Rathskeller, Inc., The, Ranch & Lang, line, 
Rayshine Co., Reading Amusement Co., Realty Trust Cor- 
poration, Record Publishing Company, of Lawrence, Re- 
covery Fund, Inc., Red Crown Cafe, Incorporated, Red 
Devil Oil Burner, Inc., Refrigerator Sales & Appliance 
Corp., Regal Chair & Lounge Company, Regal Hats Inc., 
Regal Laundry Company, Regent Tanning Co. Inc., Reli- 
able Wood Heel Co., Reliance Bond Corporation, Rent- A- 



Acts, 1938. — Chap. 148. 117 

Car Co. Inc., Restaurant Enterprises, Inc., Revere Bath 
House & Amusement Company, Rhodes & Ripley Clothing 
Company, Rice Pharmacy, Inc., Richard A. Feiss, Inc., 
Richard Finance Co., Richmond Construction Corporation, 
Rich's Grill, Inc., Rich's, Inc., Ridyard Plumbing Co., Rif- 
chin's Super Service Station, Inc., River Street Apartment 
Corporation, River Woolens Inc., Riverside Hardware Com- 
pany, Inc., Road Appliances Inc., Robbins-Bernard Co., 
Inc., Robbins Oil Company, Robert Burns, Inc., Rock- 
Mere, Inc., Rockwell & Son, Inc., Roger Stephen Corp., 
The, Rogers-Coleman, Inc., Rogers Flower Shops Inc., Rollet 
& Chamberlin Studio, Inc., Roman Cash Market Inc., Rose 
Beverage Co., Rose-Derry Corporation, Rose Weiner, Inc., 
Rosen Bros., Inc., Rossi Beef & Pork Products Co. Inc., 
Roxbury Motors, Inc., Roxy-Springfield Corporation, Royal 
Blade Corporation, Royal Cafe and Bar, Inc., The, Royal 
Gardens, Inc., Royal Trucking Co., Ruffo Poultry Co. Inc., 
Rug Renovators of New England, Incorporated, Russell 
Manufacturing Company (1921), Russell Press, Inc., Russell 
Textile Machinery Company, Ruth's Sweet Shoppe Inc., 
Ryder's, Inc. 

S. A. Freeman Company, S. Brisson, Inc., S. Lagrassa 
Co. Inc., S. R. Briggs Co., Safety Tire Company, Inc., 
Sagamore Liquor Store, Inc., Sagros, Inc., Salco Paper Co. 
Inc., Salem Auto Body Co., Inc., The, Salem Manufacturers 
Real Estate Co., Inc., Salisbury Beach Pavilion Company, 
Salisbury Bees, Inc., Sally Co., The, Salter Mills, Sam A. 
McGregor Co. Inc., Samoset Worsted Mills, Inc., Samuel 
Hertzig Corporation, San Sousa Restaurant, Inc., Sandals, 
Inc., Sanidip Manufacturing Corporation, Sanovan Distrib- 
uting Company, Inc., Sarasin Six Wheel Truck Co., Sargent 
Plywood Co., Inc., Savings Funds, Inc., Schwartz Bros., 
Inc., Schwenger, Inc., Scituate Amusement Company, 
Screen Review Publishing Co., Inc., Sea Shore Operating 
Co., Inc., Seaboard Flour Corporation, Seaplanes, Incor- 
porated, Second Investment Counsel Corporation, Selector 
Corporation, Self Service Oil Co., Sellers' Sandwich Shops, 
Inc., Seneca Liquidating Corporation, Service Finance Cor- 
poration, Service First Motors, Inc., Seth Crocker Pen Co., 
Seymour Garments, Inc., Sharp Manufacturing Company, 
Shawmut Cloak, Inc., Shenkel Clothing Company, Sheraton 
Publishers, Inc., The, Sheridan Inc., Sherman & Feinberg, 
Inc., Sherman Syndicate, Inc., Sherman's Markets Inc., 
Sherry Construction Company, Inc., Shoe City Hardware 
Corporation, Silco Beverages Inc., Silver Fleet Corporation, 
The, Silver Parrot Restaurant Inc., Silver-Towne Mfg. Co., 
Simco Finance Corporation, Simmons Shirt Co., Simmons 
Transportation Company, Simons & Webling Co., Simon's 
Electrical Supply Co., Simons Motors, Inc., Singer's Inn, 
Inc., 61 Mt. Vernon Street Corporation, Skaife's, Inc., Sky- 
ways, Ltd., Sled-Control-Device Co., Smeester's Bakery, 
Incorporated, Smith & Meirick, Inc., Smith & Saunders, 
Inc., Smith, Bennett & Snow, Incorporated, Smith Bros.' 



118 Acts, 1938. — Chap. 148. 

Drug Company, Smith-Feinstein, Inc., Snako Corporation, 
Snyder-Shaw Corporation, Societa Cooperativa di Consumo 
Cristoforo Columbo Inc., Solov-Hinds Company, Somerset 
Engineering Company, Inc., Somerville Tire Company, Inc., 
So: Boston Iron Foundry, Inc., South Boston Lumber Com- 
pany, South Lawrence Progressive Corporation, South Shore 
Pharmac}^, Inc., Sovel, Incorporated, Spa, Inc., The, Spar- 
kling Burner Corporation, Spencer Woolen Mills, Inc., Spin- 
dle City Roller & Flyer Co., Sport Shop, Inc., The, Sports- 
craft, Inc., Spring Hill Fur Farms, Inc., Springfield Airport 
and Aeronautical School, Incorporated, Springfield Casket 
Hardware, Inc., Springfield Hat Shoppe, Inc., Springfield 
Emitting Mills, Inc., Springfield Needle Company, Inc., 
Springfield Oil Burner Company Incorporated, Springfield 
Paper Stock Company, Incorporated, Square Cut Wood 
Dust Manufacturing Company, Incorporated, Square Deal 
Market, Inc., Stadium Motors, Inc., Stakolite Co., Inc., 
Standard Cafeteria, Inc., Standard Egg Co. Inc., Standard 
Electrical Co. Inc., Standard Excavating Co., Standard Kid 
Mfg. Co., Standard Lunch System, Inc., Standard Mailing 
Company, Stanleigh Hats, Inc., Stanley J. Borison, Inc., 
Stanley Newman Corporation, Stanton Atkin Corporation, 
Staples Funeral Service, Inc., Star Lighting Fixture Co., 
Inc., Star Worsted Company, State Clothing, Inc., State 
Color & Chemical Company, Inc., State Luncheonette, Inc., 
Statler Factor Co., The, Steiger's Fall River, Inc., Stephens- 
Adams-Cyr Co., Sterling Dresses, Inc., Steuben Chemical 
Company, StoUwerck Chocolate Company, The, Stone & 
Ross, Inc., Stony Brook Company of Norfolk, Inc., Storealty 
Corporation, Strand Clothes, Inc., Strand Corporation of 
Brockton, Strike-Em-Out Base Ball Inc., Stuart Company, 
Inc., Students Cooperative Laundry Association, Inc., Stur- 
tevant and Haley Beef and Supply Company, Suffolk Import- 
ing Company, Suffolk Realty Corporation, Sunkist Market, 
Inc., Superior Fish Market, Inc., Superior Freight Service, 
Inc., Superior Millinery Company, Superior Service, Inc., 
Supreme Shoe Co., Inc., Surety Investment & Finance 
Company, Inc., Surpass Shoe Company, Inc., Swartz Shoe 
Company, Swett and Sibley Inc., Syco Millinery Inc. 

T. J. 6'Connell Company, T. L. Wood & Son, Inc., T. T. 
Herlihy, Incorporated, Taft Oil Burner Company, Tanners 
Acceptance Corporation, Tarbell-Watters Building, Incor- 
porated, Taylor Motor Sales Inc., Tech Amusement Com- 
pany, Inc., Tech Cigar Company, Technical Engineering 
Corporation, Teele Square Liquor Store, Inc., Temple Man- 
ufacturing Company, Teneco Sales Corporation, Terrace 
Gables Company, Textile Knitting Company, Textile Patent 
& Process Company, Thai, Incorporated, Theatre Manage- 
ment Corporation, Theiss Engineering Corporation, Thomas 
E. Reed, Inc., Thomas Hollis Laboratories, Thomas J. 
Fitzgerald, Incorporated, Three Bears Tea Room, Inc., The, 
Three Engineers, Inc., Three Green Lights, Inc., 3000 Cor- 
poration, Tire Shop, Inc., Tomorrow, Inc., Tompkins-Stod- 



Acts, 1938. — Chap. 148. 119 

dard Company, Toy Town Tailleurs, Inc., Trapelo Hard- 
ware Co., Inc., Travelers' Auto Service Co., Trawler Maris 
Stella, Inc., Trawler Milton, Inc., Tremont Credit Company, 
Tremont Halls, Inc., Tribble Rope & Mop Co., Troy Motor 
Car Co., Tru-tone Hearing Aid Corp., Tudor Ice Company, 
1215 Main Street, Inc. 

U. S. Export & Import Co., U. S. General Home Electric 
Appliance Repair Corp., Unilite Corporation, The, Union 
Activities Corporation, Union Hill Theatre Corp., Unit 
Railway Car Company, United Box & Paper Co., The, 
United Certificate Corporation, United Construction Cor- 
poration, United States Bond & Mortgage Corporation of 
Massachusetts, United States Furniture Sales Corporation, 
The, United States Radio Corporation, United Textile Com- 
pany, United Ticket Company, Inc., Universal Sales Corp., 
University Distributing Company, Ujiiversity Provision Co., 
Inc., Universit}^ Stove Exchange and Plumbing Supply, 
Inc., Uphams Corner Tire & Battery Company, Inc., Upton 
Fur Co. Incorporated, The, Utilities Hydro & Rails Shares 
Corporation, Utilities Sales Corporation, Uxbridge Soap Co. 

Van Heusen-Brigham Companj^, Vander Poel, Francis & 
Woods, Ltd., Vernon Company, Victoria Catering Co., Inc., 
Victoria Tire Company, Inc., Victory Trading Company, 
Village Inn, Inc., The, Village Theatre Company, Vineyard 
Theatres, Inc., The, Vitachrome Film Corporation, Voye 
Electric Supply Co. 

W. A. Webster Co., W. Benj. C. Meady Co., W. C. Good- 
rich Inc., W. C. Rich & Company, Incorporated, W. C. Sills 
Corporation, W. E. Kilbrith Co., W. K. Carson, Inc., W. N. 
Fisher Company, The, W. S. Chase & Sons, Incorporated, 
W-W Manufacturing Company, Inc., The, W. W. McCou- 
brey Company, Waite's Automotive Service, Inc., Wake-' 
field Palm Garden, Inc., Walcott-Cameron Company, The, 
Walker Body Company, Walker Coal & Fuel Company, 
Walpole Auto Station, Inc., Walter A. Wentworth Com- 
pany, Walter F. Lord, Inc., Walter G. Legge Company, Inc., 
Ware Street Realty Company, Warren Battery Company, 
Inc., Warren Sinclair, Inc., Warren's, Inc., Warrenton Drug 
Co. Inc., Washburn Crosby Company, Inc., Washington 
Street Pharmacy, Inc., Watch City Hardware Company, 
Water Street Company, Waterfront, Inc., Waterhead Mills 
Incorporated, Waters Hotel Corporation, Watertown Ex- 
cavating Co., Inc., Waverley Oaks Garage Inc., Wayland 
Grain Co. Inc., Wayside Furniture Company, Web Finance 
Co. Inc., Webster, Kennedy & Co., Inc., Welch, Inc., Wende '. 
Street, Inc., West Boxford Realty Company, West Gate 
Fuel Company, Incorporated, West Medford Flower Shop, 
Inc., Western Oil & Gasoline, Inc., Westgate Oil Company 
Inc., The, West wood Airport Inc., West wood Products Co., 
Wetan Leather Company, Wexler Bakery, Inc., Weymouth 
Motor Sales Co., Whitcomb Realty Co., White Baking Co., 
Inc., White Swan, Inc., The, Whiting Milk Companies, Whit- 
lock Corporation, Whitman Theatre Corporation, Wicka- 



120 Acts, 1938. — Chap. 148. 

boag Corporation, Wilber Mercantile Agency of New Eng- 
land Inc., Wilbur Cafe, Inc., Wilcox Company, The, Wiley 
Waxene Company, Wilford Manufacturing Co., Willey 
House Co., Wm. Brown & Sons Co., The, William Huke & 
Co., Inc., William M. Fyffe, Inc., William Pathie Company, 
William S. Briry, Incorporated, Williams & Bangs, Inc., 
Williams, Inc., Williams Shop, Inc., The, Wills Shoe Com- 
pany Inc., Wilson Realty Corporation, Windsor Hall, Inc., 
The, Windsor Sandals, Inc., Wingate Shoe Company, Inc., 
Winton Specialty Co., Wise Shoe Co., Inc., Woburn Realty 
Corporation, Woerner& Weissman, Inc., Wolcott & Murray, 
Inc., Wolfe Tanning Co., Wonderland Company, Incorpo- 
rated, The, Wonderland Dining Car Co., Inc., Wonderland 
Greyhound Corporation, Wood, Putnam & Wood Co., 
Woodbury-Reynolds, Inc., Woodcock Inc., Worcester Cap 
Co. & Bancroft Lap Robe Co. Inc., Worcester County Grey- 
hound Association Inc., Worcester Fabrics Corp., Worcester 
Federal Realty Co., Worcester Jobbing Company, Inc., 
Worcester Liquidating Company, Worcester Outlet, Inc., 
Worcester Trailer Corp., Worcester Waste Company, Worden 
Corporation, The, Worth Shoe Company, Inc., Worthington 
Company, Inc., The, Wright Shoe Company, Inc., Wright 
Stores Inc. 

Yacht Santanta Corporation, Yankee Circuit, Inc., The, 
Yankee Publications, Inc., Yarden Realty Company, Inc., 
Yarmouth Company, The, York and Company (Incorpo- 
rated), Young & Brown Co., Yule's Garage, Inc. 

Public Service Corporations. 

Agawam Electric Compan}^, The, Amesbury & Salisbury 
Gas Co. 

Bridgewaters Water Company. 

Ludlow Electric Light Company, Lunenburg Water Com- 
pany. 

Salisbury and Amesbury Gas Light Company, Salisbury 
and East Kingston Railroad Company (1844), Salisbury 
and East Kingston Railroad Company (1848). 

Charitable and Other Corporations. 

Abington Rifle Club, Inc., Abraham Frank Credit Union, 
Abraham Lincoln Credit Union, Amalgamated Credit Union, 
American Credit Union, American Express Employees' Credit 
Union, Anderson Credit Union, Anshey Khali Israil Credit 
Union, Arlmont Country Club, Asbestos Workers Local No. 
6 Credit Union, Associates Credit Union, Augustov Credit 
Union, Auxiliary of American Jewish Women for Community 
Service, Inc. 

Bachrach Employees Credit Union, Barter Associates 
Credit Union, Bay State Credit Union, Beachmont Credit 
Union, Beacon Hill Credit Union, The, Berkshire Animal 
Rescue League, Bernard Credit Union, Blackman Credit 
Union, Blake-Knowles Credit Union, Boston Branch, Baron 



Acts, 1938. — Chap. 148. 121 

de Hirsch Fund, Boston Co-operative Bank, Boston Inde- 
pendent Workmens Circle Credit Union, Boston Jewish 
Workers Alliance Credit Union, Bowdoin Credit Union, 
Breakheart-Hill Forestry, Brockton Independent Work- 
men's Circle Credit Union, Brookdor Credit Union, Brook- 
line-Brighton Credit Union, Brunswick Credit Union, Bry- 
ant Credit Union. 

Calumet Club, Inc. of Franklin, Calumet Social Club of 
North Attleborough Inc., The, Cap, Hat & Millinery Work- 
ers' Credit Union, Castle Credit Union, Chaet & Bloom 
Credit Union, Chandler Credit Union, Charles H. Bond 
Camp #104 Sons of Veterans Building Association, Chelsea 
Alliance Credit Union, Chelsea Credit Union, Chelsea In- 
vestment Credit Union, Chelsea Progressive Credit Union, 
Chelsea Young Men's Credit Union, Cigar Factory Em- 
ployees Credit Union, Citizens Exchange City Credit Union 
(1926), Columbia Credit Union, Commercial Credit Union, 
Commonwealth Credit Union, Community Aid Association 
of Chelsea, Massachusetts, Community Credit Union (1926), 
Corporal James C. Shea Post and Ladies Auxiliary, Cosmo- 
politan Credit Union, The (1914), Country Club Covered 
Courts, Inc., Crawford Credit Union, Crossett Credit Union, 
Cunningham Credit Union. 

Darling Employees Credit Union, Davis Square Credit 
Union, Dawn Patrol, Incorporated, Department of Massa- 
chusetts, The American Legion, 1937 Convention Corpora- 
tion of New Bedford, Dorchester Credit Union (1917). 

East Boston Credit Union, The, Eastern States Hairdress- 
ers Association, Inc., Ecco Credit Union, Eighth Ward 
Credit Union, The, Electrical Workers Credit Union, Elmco 
Credit Union, Essex County Credit Union, Everett Citizens 
League Credit Union. 

Fabyan Credit Union, Faneuil Co-operative Bank, Fields 
Corner Credit Union (1927), Field's Corner Credit Union 
(1929), Finnish- American Credit Union, Foot Delight Credit 
IJnion, Fort Credit Union, Fur Workers Credit Union. 

Globe Credit Union, Goodfellowship Credit Union, Greater 
Boston Credit Union, Greenfield Society for the Protection 
of Animals, The, Greenwood Credit Union, Grove Hall 
Credit Union. 

H. E. Fletcher Co. Employees Mutual Benefit Association, 
Hamilton Credit Union, Hampden County Gasoline Dealers 
Association, Inc., Hampden Credit Union, The, Harrison 
Credit Union, Havelock Credit Union, Haverhill Three Link 
Club, Incorporated, Hebrew Benevolent Credit Union, 
Hebrew Credit Union, Hebrew Sheltering Home Association 
of Roxbury, Hill Credit Union, Home Owners Cooperative 
Bank, Hotel & Restaurant Credit Union, Howes Credit 
Union, Hyde Square Credit Union. 

Immaculate Conception Credit Union, The, Independent 
Order of the Sons of Italy Credit Union, The, Inman Co- 
operative Bank, Intercity Credit Union, Isaac Alberts Me- 
morial Aid Association, Italian-American Citizens Club, Inc. 



122 Acts, 1938. — Chap. 148. 

of Maynard, The, Italian Workingmen's Credit Union of 
Boston, Mass., The. 

Jay Jay Ess Credit Union, Jewish Women's Credit Union. 

Kast Credit Union, King Solomon Credit Union, Kings- 
dale Credit Union, The, Krystallene Credit Union. 

Ladies Relief Corps of West Boylston, Mass., Inc., Leom- 
inster Co-operative Bank, The, Leopold Morse Home for 
Infirm Hebrews and Orphanage, The, Leverett Credit Union, 
Love of Peace Credit Union, Lovering Credit Union, Ljmn 
Gold Star Mothers, Inc., Lynn United Hebrew Credit Union. 

M. S. Wright Company Credit Union, Maiden Credit 
Union, Martin Luther Club, Massachusetts Credit Union 
(1914), Massachusetts Credit Union (1926), Massachusetts 
Veterans Association, Inc., Maverick Credit Union, Mer- 
chants Credit Union, Merrimac Credit Union, Metrogra 
Credit Union, Metropolitan Co-operative Bank, Middlesex 
Credit Union, Milford Co-operative Bank, Milford Munici- 
pal Credit Union, Morton Credit Union, Mount Bowdoin 
Credit Union, Musicians' Credit Union, Mutual Co-operative 
Bank, Myco Credit Union, Mj^stic Credit Union. 

Navy Emploj^ees' Credit Union, New England Credit 
Union, 1936 Y. D. Veterans National Convention Inc., 1933 
Mass. Legion Convention Corporation of Holyoke, Inc., 
The, North End Merchants Credit Union, North End Union 
Credit Union, North Middlesex Automobile Dealers Asso- 
ciation, North Shore Club, Novelty Credit Union, Novograd 
Volinsk Credit Union. 

One Hundred Summer Street Credit Union. 

Palace Credit Union, Palestine Credit Union, Park Credit 
Union, Parkway Women's Credit Union, Paul Revere 
Credit Union, Peoples Credit Union (1912), People's Credit 
Union (1918), Phileducational Association of Georgitsiotes, 
"Socrates", Phoenix Athletic Club, Inc., Pittsfield Hebrew 
Credit Union, Plymouth Co-operative Bank, The, Plymouth 
County Dairymen's Association, Progress Credit Union, 
Progressive Credit Union, Prospect Credit Union, Puritan 
Credit Union. 

Quincy Credit Union. 

Reliable Credit Union, Reliance Credit Union, Revere 
Credit Union, Rolls-Royce Emploj^ees Credit Union, Round 
Hills Radio Corporation, Roxbury Credit Union, The, Rox- 
bury Institute, Roxbury Ladies' Club, Royal Credit Union, 
Runaway Brook Golf Club Corporation, The. 

S & M Credit Union, Saint Anthony of Padua of Revere, 
Massachusetts, Mutual Relief and Benefit Society, Incor- 
porated, St. Francis Credit Union, St. Joseph Credit Union, 
St Joseph's Credit Union of Waltham, Salem Music Hall 
Association, Schoolhouse Custodians' Credit Union, Scituate 
Country Club, Security Co-operative Bank, Shepard Stores 
Employees Credit Union, The, Shoe Clerks Credit Union, 
Sisterhood Credit Union, The, Sisters Social Credit Union, 
Skandia Credit Union, Slater Mills Credit Union, Solidarity 
Credit Union, The, South Boston Credit Union, South End 



Acts, 1938. — Chap. 148. 123 

Credit Union, Star Credit Union, Starr Club, Stepin Credit 
Union, Stratton Credit Union, Sudelkow Credit Union, Suf- 
folk Co-operative Bank. 

Talbot Credit Union, Taunton Credit Union, Taunton 
Woman's Club, Temple Credit Union, Thirteen Associates 
Credit Union, The, Tolman Credit Union, Tomashpol Credit 
Union, Traders' Credit Union, The. 

Union Co-operative Bank, Union Co-operative Bank of 
Boston, Union Park Credit Union, United Danish Building 
Association, Inc., United Hebrew Benevolent Association of 
Boston. 

Vine Brook Corporation, Voliner Hebrew Credit Union. 

Waltham Credit Union, Warren Credit Union, Washing- 
ton-Essex Credit Union, Watertown Unemployment Relief 
Committee, Inc., Waumbeck Credit Union, Wellington 
Credit Union, West End Credit Union, The, Winter HQl 
Co-operative Bank, Winthrop Credit Union, Wolf Post As- 
sociates Credit Union, Wollaston Co-operative Bank, The, 
Woodrow Credit Union, Worcester Central Labor Credit 
Union, Worcester Credit Union, Worcester Eagles Credit 
Union, Worcester Lithuanian Credit Union, Workmen's Cir- 
cle Credit Union, Wright & Potter Credit tlnion. 

Young Men's Hebrew Association, Salem, Massachusetts, 
The. 

Zagerer Credit Union, Zion Credit Union, The. 

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 
relieve the last person who was the treasurer or assistant 
treasurer, or, in their absence or incapacity, who was any 
other principal officer of each of the corporations named in 
this act, from the obligation to make a tax return in the year 
nineteen hundred and thirty-nine as required by chapter 
sixty-three of the General Laws. The tax liability of each 
of the corporations named in this act shall be determined in 
accordance with the existing laws of this commonwealth. 

Section 5. This act shall take effect on March thirty- 
first in the current year. Approved March 29, 1938. 



124 



Acts, 1938. — Chaps. 149, 150. 



Emergency 
preamble. 



ChaV 149 ^^ ^^^ "^^ PRESERVE RIGHTS WHICH AROSE UNDER PROVI- 
SIGNS OF LAW, IMPOSING CIVIL LIABILITY FOR VIOLATIONS 
OF THE LAW OF THE ROAD, PRIOR TO THE REPEAL OF SUCH 
PROVISIONS. 

Whereas, The deferred operation of this act would tend to 
defeat its piu-pose, 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 forty-nine of the acts of nineteen hundred and 
thirty-six is hereby amended by adding at the end the fol- 
lowing new section : — Section 2. This act shall in no way 
effect any cause of action which accrued prior to its effective 
date. Approved March 29, 1938. 



Chav. 150 An Act authorizing collectors of taxes to maintain 

ACTIONS FOR THE COLLECTION OF CERTAIN APPORTIONED 
TAXES ON REAL ESTATE. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 59, § 79, 
amended. 



Tax on 
real estate, 
collection. 



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- nine of chapter fifty-nine of 
the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by adding at the end the following 
sentence: — If the tax so apportioned upon any parcel re- 
mains unpaid for three months after commitment to the col- 
lector, he may maintain an action in his own name under 
section thirty-five of chapter sixty, against the person liable 
for such tax, in the same manner as for his own debt, — so 
as to read as follows : — Section 79. If real estate is divided 
by sale, mortgage, upon a petition for partition or other- 
wise after a tax has been assessed thereon and such division 
has been duly recorded in the registry of deeds, the assessors, 
at any time before said real estate has been advertised for 
sale for nonpayment of taxes, upon the written request of 
the owner or mortgagee of any portion thereof, shall appor- 
tion said tax, with costs and interest upon the several par- 
cels thereof, in proportion to the value of each, and only the 
portion of said tax, interest and costs so apportioned upon 
any such parcel shall continue to be a lien upon it; and 
the owners or mortgagees shall be liable only for the tax 
apportioned upon the parcel owned in whole or in part by 
them respectively. If the tax so apportioned upon any par- 
cel remains unpaid for three months after commitment to 
the collector, he may maintain an action in his own name 
under section thirty-five of chapter sixty, against the person 
liable for such tax, in the same manner as for his own debt. 



may main- 
tain action. 



Acts, 1938. — Chaps. 151, 152. 125 

Section 2. Chapter sixty of the General Laws is hereby g. l. (Ter. 
amended by striking out section thirty-JBve, as so appearing, amencf«i. ^^' 
and inserting in place thereof the following: — Section 35. CoUector 
If a tax remains unpaid for three months after commitment 
to the collector, he may maintain an action in his own name 
against the person assessed therefor, or liable therefor upon 
an apportionment under section seventy-nine of chapter fifty- 
nine, in the same manner as for his own debt. 

Approved March 29, 1938. 

An Act regulating the taking of fish by means of nhnj. i 51 

TORCHES OR OTHER ARTIFICIAL LIGHT FROM THE COASTAL ^' 

WATERS OF THE TOWNS OF PROVINCETOWN AND TRURO. 

Be it enacted, etc., as follows: 

Section 1. No person shall, for the purpose of taking 
herring or other fish in or from any of the coastal waters of 
the towns of Provincetown and Truro, display a torch or 
other artificial light designed or used for the purpose of 
taking such fish; provided, that the selectmen of said towns 
may grant permits for the display of torches or other light 
for the purpose aforesaid within the limits of their respec- 
tive towns, subject to such regulations as the selectmen 
deem necessary for the best interests of the town. 

Section 2. Whoever violates the provisions of this act, 
or of any regulation made under authority thereof, shall be 
punished, for a first offence, by a fine of not less than fifty 
nor more than two hundred dollars or by imprisonment for 
not less than six nor more than twelve months, or by both 
such fine and imprisonment, and, for a second offence, by 
both such fine and imprisonment. 

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

Approved March 29, 1938. 

An Act reviving bray counter co., a corporation, for (Jhn^ 1 50 
certain purposes. ^' 

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

Be it enacted, etc., as follows: 

Bray Counter Co., a corporation dissolved by section one 
of chapter one hundred and thirty-nine of the acts of nine- 
teen hundred and thirty-two, is hereby revived for the sole 
purposes of transferring on the books of the corporation 
certain shares of stock of the corporation, and of receiving 
payment of a certain mortgage for forty-five hundred dollars 
held by the corporation, together with accrued interest 
thereon, discharging said mortgage and distributing the 
proceeds among its creditors and stockholders entitled 
thereto. Approved March 29, 1938. 



126 Acts, 1938. — Chaps. 153, 154. 



Chap. 15S An Act relative to the retirement of members of 

THE FIRE DEPARTMENT OF THE CITY OF NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and ninety-six of the 
acts of nineteen hundred and ten is hereby amended by strik- 
ing out section one and inserting in place thereof the fol- 
lowing: — Section 1. The chief of the fire department of 
the city of New Bedford, with the approval of the mayor, 
may retire from active service and place upon a pension roll 
any permanent member of the fire department of that city, 
who, by injuries sustained through no fault of his and in the 
actual performance of his duty, has become permanently 
disabled, mentall}^ or physically, from useful service in the 
department, and may retire from active service and place 
upon a pension roll any permanent member of said depart- 
ment who has performed faithful service therein for a period 
of not less than twenty consecutive years or who has reached 
the age of sixty years, if, in the judgment of said chief, such 
member is disabled from useful service in the department: 
provided, however, that no member of said department shall 
be retired for permanent total disability except upon the 
certificate of the city physician, which certificate shall be 
filed with the records of the fire department. Every person 
retired under the provisions of this act shall annually receive 
as a pension a sum equal to one half of the maximum annual 
compensation paj^able from time to time to members of said 
department holding positions in the grade occupied by him 
at the time of his retirement, the said amount to be paid 
by the city, which shall provide money therefor. 

Section 2. Nothing in this act shall authorize any action 
contrary to section ten of chapter two hundred and eighty- 
five of the acts of nineteen hundred and thirty-four, as 
amended by section ten of chapter one hundred and two of 
the acts of nineteen hundred and thirty-seven. 

Approved March 29, 1938. 

Chap. 154: An Act relative to the allowance of probate ac- 
counts. 

Be it enacted, etc., as follows: 

Ed^'2J6^'^§24 Section 1. Chapter two hundred and six of the Gen- 
ameAded.' ' eral Laws is hereby amended by striking out section twenty- 
four, as appearing in the Tercentenary Edition, and inserting 
Final deter- [^ pjg^gg thereof the following: — Section 2J^. Upon appli- 
account. cation for the allowance of an account tiled m the probate 

court, such notice as the court may order shall be given to 
all persons interested. If the interest of a person unborn, 
unascertained, or legally incompetent to act in his own be- 
half, is not represented except by the accountant, the court 
shall appoint a competent and disinterested person to repre- 
sent his interest in the case. The person so appointed shall 



Acts, 1938. — Chaps. 155, 156. 127 

make oath to perform his duties faithfully and impartially, 
and shall be entitled to such reasonable compensation as the 
court shall allow. After final decree has been entered on 
any such account it shall not be impeached except for fraud 
or manifest error. 

Section 2. Sections nineteen and twenty-three of said ^d^mT' 
chapter two hundred and six of the General Laws, as so §'§ "i9. 23,' 

• It- 1 J repealed. 

appearmg, are hereby repealed. 

Approved March 29, 1938. 

An Act entitling blind persons accompanied by "see- Chap.155 

ING eye" dogs, so called, TO CERTAIN ACCOMMODA- 
TIONS, ADVANTAGES, FACILITIES AND PRIVILEGES. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventy-two of Ed^'272'^" 
the General Laws is hereby amended by inserting after sec- new section 
tion ninety-eight, as amended, the following new section : — ^^^' ^'^'*^'^- 
Section 98 A. Notwithstanding any other provision of law, Blind persons 

, T 1 • 1 1 ji • )) 1 accompanied 

any blind person accompanied by a seemg eye dog, so by dogs to 
called, which dog is used as a leader or guide, shall, if such acoessTo^*^ 
dog is properly and safely muzzled, be entitled to any and places of 
all accommodations, advantages, facilities and privileges of ment%'t?."^^ 
all public conveyances, public amusements and places of 
public accommodation, within the commonwealth, to which 
persons not accompanied by dogs are entitled, subject only 
to the conditions and limitations applicable to all persons 
not accompanied by dogs, and no such blind person shall 
be required to pay any charge or fare for or on account of 
the transportation on any public conveyance of himself and 
such dog so accompanying him in addition to the charge or 
fare lawfully chargeable for his own transportation. Who- 
ever deprives any blind person of any right conferred by 
this section shall be punished by a fine of not more than 
three hundred dollars. 

Section 2. Section fifteen of chapter one hundred and ^jV/Jg^^'iis 
fifty-nine of the General Laws, as amended by chapter two etc!. 'amended.' 
hundred and forty-seven of the acts of nineteen hundred and 
thirty-seven, is hereby further amended by striking out 
the paragraph added by said chapter two hundred and 
forty-seven. Approved March 29, 1938. 

An Act authorizing the county of Middlesex to pro- QJiqj) ^56 
VIDE adequate accommodations for the second dis- ^' 

TRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations and facilities for the second district 
court of eastern Middlesex in the city of Waltham, the 
county commissioners of the county of Middlesex are hereby 
authorized to take by eminent domain under chapter sev- 



128 Acts, 1938. — Chap. 157. 

enty-nine of the General Laws, or acquire by purchase or 
otherwise, such land as may be necessary and to erect on 
such land a suitable building for said court and to furnish 
and equip the same. 

Section 2. For the purposes aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county, such sums as 
may be necessary, not exceeding, in the aggregate, two hun- 
dred and fifty-five thousand dollars, and may issue bonds 
or notes of the county therefor, which shall bear on the 
face the words, Middlesex County District Court House 
Loan, Act of 1938. Each authorized issue shall constitute 
a separate loan and such loans shall be payable not more 
than ten years from their dates. The bonds or notes shall 
be signed by the county treasurer 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. In- 
debtedness incurred hereunder shall, except as herein pro- 
vided, be subject to chapter thirty-five of the General Laws. 

Section 3. The county treasurer, with the approval of 
the county commissioners, may issue temporary notes of the 
county, payable in not more than one year from their dates, 
in anticipation of the issue of serial bonds or notes under 
this act, but the time within which such serial bonds or 
notes shall become due and payable shall not, by reason of 
such temporary notes, be extended beyond the time fixed 
by this act. Any notes issued in anticipation of the serial 
bonds or notes shall be paid from the proceeds thereof. 

Section 4. This act shall take effect upon its acceptance 
during the current year by the county commissioners of said 
county, but not otherwise. Approved March 29, 1938. 

ChaV. 157 ^^ ^^'^ RELATIVE to the transfer OF JUVENILE MEMBERS 
OF CERTAIN FRATERNAL BENEFIT SOCIETIES TO ADULT 
MEMBERSHIP. 

Be it enacted, etc., as follows: 

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

amended.' ' Laws is hereby amended by striking out section twenty- 
five, as appearing in the Tercentenary Edition, and inserting 
di^wrln'r ^^ place thereof the following: — Section 25. Any society 
certificates. entering into insurance agreements under section twenty- 
three shall maintain on all such contracts the reserve re- 
quired by the standard of mortality and interest adopted 
by the society for computing contributions as provided in 
section twenty-four; and the funds representing the benefit 
contributions and all accretions thereto shall be kept as 
separate and distinct funds, independent of the other funds 
of the society, and shall not be liable for nor used for pay- 
ment of the debts and obligations of the society other than 
the benefits herein authorized ; provided, that a society may 



Acts, 1938. — Chaps. 158, 159. 129 

provide that when a juvenile member reaches the minimum 
age for initiation into membership in such society, any bene- 
fit certificate issued under sections twenty-three to twenty- 
eight, inclusive, may be surrendered for cancellation and 
exchanged for any other form of certificate issued by the 
society, or any such benefit certificate, if it does not mature 
or expire prior to the attainment of such minimum age may, 
notwithstanding any limitation in said section twenty-three, 
be continued in force, if in either case such juvenile member 
shall present himself or herself for initiation as provided in 
the society's bj'-laws relative to the admission of adult mem- 
bers. All reserve accumulated under the certificate prior to 
the admission of any juvenile member to adult membership 
shall be transferred to the adult department to the credit 
of the transferring member. After the transfer of member- 
ship, the member shall have the sole right to designate a 
beneficiary, subject, however, to the by-laws of the society. 

Approved March 29, 1938. 

An Act repealing certain provisions of the charter njidj) ]^5§ 
OF the mutual boiler insurance company of boston ^' 

WITH respect to THE CONTINGENT MUTUAL LIABILITY OF 
its POLICYHOLDERS. 

Be it enacted, etc., as follows: 

Section three of chapter one hundred and twenty-four of 
the acts of eighteen hundred and seventy-seven, entitled 
"An Act to Incorporate the Mutual Boiler Insurance 
Company of Boston", as amended by section one of chap- 
ter thirty-three of the acts of eighteen hundred and eighty- 
eight, is hereby repealed. Approved March 29, 1938. 

An Act relative to the issuance of paid-up shares by fhnnj \^Q 

CO-OPERATIVE BANKS. ^' 

Be it enacted, etc., as follows: 

Section twelve of chapter one hundred and seventy o^ Sj^-^Jq'"" 
the General Laws, as most recently amended by section one § liz,' etc.,' 
of chapter one hundred and ninety-six of the acts of nine- amended, 
teen hundred and thirty-six, is hereby further amended by 
striking out, in the seventeenth line, the word "ten" and 
inserting in place thereof the word : — twenty, — so as to 
read as follows: — Section 12. The capital to be accumu- issue of 
lated shall be unlimited and shall be divided into shares of shares. 
the ultimate value of two hundred dollars each. The shares 
may be issued in quarterly, half yearly or yearly series, in 
such amounts and at such times as the board of directors 
may determine. Shares of a prior series may be issued 
after a new series, subject to the approval of the board of 
directors. Paid-up shares may be issued, subject to the 
approval of the board of directors, each share to have a 
value of two hundred dollars, which shall be paid by the 
purchaser when the shares are issued, together with inter- 



130 Acts, 1938. — Chap. 160. 

est 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 out- 
standing at any one time, other than those issued to and 
held by the Home Owners' Loan Corporation referred to in 
section forty-seven, shall not exceed twenty per cent of the 
assets of the corporation. Approved March 29, 1938. 

Chap. IQO An Act providing for biennial municipal elections in 

THE city of GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and thirty-nine, municipal elections in the city of Glouces- 
ter for the choice of mayor, aldermen and members of the 
school committee shall be held biennially on the Tuesday 
next following the first Monday in December in each odd- 
numbered year. 

Section 2. Beginning with the biennial municipal elec- 
tion to be held in said city in the year nineteen hundred 
and thirty-nine, the mayor and aldermen of said city shall 
be elected for terms of two years and until their successors 
are qualified. 

Section 3. At the regular municipal election to be held 
in said city in the year nineteen hundred and thirty-eight 
the members of the school committee to be elected thereat 
shall be elected to serve for five years and until their suc- 
cessors are qualified. The members of said committee 
elected in the year nineteen hundred and thirty-seven shall 
continue to hold office until the qualification of their suc- 
cessors who shall be elected at the biennial municipal elec- 
tion in the year nineteen hundred and forty-one. At the 
biennial municipal election to be held in said city in the 
year nineteen hundred and thirty-nine and at every biennial 
municipal election in said city thereafter, all members of 
the school committee to be elected thereat shall be elected 
to serve for terms of six years and until their successors are 
qualified. 

Section 4. So much of chapter six hundred and eleven 
of the acts of nineteen hundred and eight, and acts in 
amendment thereof and in addition thereto, as is inconsist- 
ent with this act, is hereby repealed. 

Section 5. This act shall be submitted for acceptance 
to the registered 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 general court in the year nineteen hundred and 
thirty-eight, entitled 'An Act providing for Biennial Mu- 
nicipal Elections in the City of Gloucester', be accepted?" 
If a majority of the votes cast on said question is in the 
affirmative, this act shall thereupon take full effect, but not 
otherwise. Approved March 29, 1938. 



Acts, 1938. — Chap. 161. 131 



An Act providing for biennial municipal elections in Chap. 161 

THE city of LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and thirty-nine, municipal elections in the city of Lawrence 
for the choice of maj^or, aldermen and members of the 
school committee shall be held biennially on the second 
Tuesday in December in each odd-numbered year. 

Section 2. At the regular municipal election to be held 
in said city in the year nineteen hundred and thirty-eight 
the aldermen to be elected thereat shall be elected to serve 
for terms of three j^ears and until their successors are quali- 
fied. At the biennial municipal election to be held in said 
city in the year nineteen hundred and thirty-nine and at 
every biennial municipal election in said city thereafter, 
the mayor and the aldermen to be elected thereat shall be 
elected to serve for terms of two years and until their suc- 
cessors are qualified. 

Section 3. At the regular municipal election to be held 
in said city in the year nineteen hundred and thirty-eight 
the members of the school committee to be elected thereat 
shall be elected to serve for terms of three years and until 
their successors are qualified. At the biennial municipal 
election to be held in said city in the year nineteen hundred 
and thirty-nine and at every biennial municipal election in 
said city thereafter, the members of the school committee to 
be elected thereat shall be elected to serve for terms of four 
years and until their successors are qualified. 

Section 4. If there is a vacancy in the school commit- 
tee, by failure to elect or otherwise, the mayor shall call a 
joint convention of the city council and the school commit- 
tee, at which the mayor, if present, shall preside, and the 
vacancy shall, by vote of a majority of all the members of 
the two bodies, be filled by the election of a member to 
serve until the first Monday in January following the next 
biennial municipal election; and, if there would be a vacancy 
on said first Monday, it shall be filled at such biennial mu- 
nicipal election for the balance of the unexpired term. 

Section 5. So much of Part II of chapter six hundred 
and twenty-one of the acts of nineteen hundred and eleven, 
and acts in amendment thereof and in addition thereto, as 
is inconsistent with this act, is hereby repealed. 

Section 6. This act shall be submitted for acceptance 
to the registered voters of the city of Lawrence 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-eight, entitled 'An Act providing 
for Biennial Municipal Elections in the City of Lawrence', 
be accepted?" If a majority of the votes in answer to said 



132 



Acts, 1938. — Chap. 162. 



question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved March 29, 1938. 



ChaV 162 -^^ ■^C'T MODIFYING THE PROCEDURE TO BE FOLLOWED BY 
A CO-OPERATIVE BANK IN CONVERTING INTO A FEDERAL 
SAVINGS AND LOAN ASSOCIATION WITH RESPECT TO THE 
VOTE OF THE SHAREHOLDERS OF SUCH BANK IN AUTHOR- 
IZING SUCH CONVERSION. 



Emergency 
preamble. 



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



Management, 
officers, 
election, etc. 



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

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter one hundred and 
seventy of the General Laws, as appearing in chapter one 
hundred and forty-four of the acts of nineteen hundred and 
thirty-three, is hereby amended by inserting after the word 
"and" in the twenty-third line the following: — , except as 
provided by section fifty A, — so as to read as follows : — 
Section 7. The business and affairs of every such corpora- 
tion shall be managed by a board of not less than five di- 
rectors to be elected by the shareholders. Directors may 
be elected for terms of not less than one nor more than 
three years, and, in case the term is more than one year, 
they shall be divided into classes and an equal number, as 
nearly as may be, elected each year. All vacancies in the 
board or in any office may be filled by the board of directors 
for the unexpired term. The directors may employ such 
additional assistance as they may deem necessary and deter- 
mine the compensation therefor. Each officer and director 
when appointed or elected shall take an oath that he will 
faithfully and impartially discharge the duties devolving 
upon him, and the fact that the oath has been taken shall 
be entered in the records of the corporation ; and if a person 
appointed or elected does not, within thirty days thereafter, 
take the oath, his office shall thereupon become vacant. 
The clerk of the corporation shall be chosen by the share- 
holders, and the president, vice president, treasurer, assistant 
treasurer, if any, and other officers whose election is not 
otherwise herein expressly provided for, shall be chosen by 
the board of directors. No shareholder shall be entitled to 
more than one vote at any meeting, and, except as provided 
by section fifty A, no shareholder shall vote by proxy. All 
officers shall be elected by ballot, shall be shareholders when 
nominated, and shall continue to hold their offices until 
their successors shall have been chosen and shall have 
assumed their duties, and no such corporation shall expire 
from neglect to elect officers at the time prescribed in its 
by-laws. If an officer ceases to be a shareholder, his office 
shall thereupon become vacant. If a director fails both to 



Acts, 1938. — Chap. 163. 133 

attend the regular meetings of the board and to perform 
any of the duties devolving upon him as such director for 
six consecutive months, his office may be declared by the 
board at the next regular meeting to be vacant. A record 
of any vacancy shall be entered upon the books of the 
corporation, and a transcript of such record shall be sent 
by mail to the person whose office has been made vacant. 
The records of all meetings of the corporation and board of 
directors shall be read by the president or a director, other 
than the clerk, designated by the president. 

Section 2. Section fifty A of said chapter one hundred g^l. (Xer. 
and seventy, inserted by chapter two hundred and fifteen § soa, etc., 
of the acts of nineteen hundred and thirty-five, is hereby amended. 
amended by striking out, in the fourth and fifth lines, the 
words "three quarters of the shareholders of such corpora- 
tion present and voting" and inserting in place thereof the 
following: — a majority of all the shareholders of such cor- 
poration, entitled to vote, voting in person or by proxy, — 
so that the first paragraph will read as follows : — Any cor- P""'^^!^^^^^! 
poration may convert itself into a federal savings and loan savings and 
association, or other federal agency_ of a like nature, if l°ons!'^^°'''''' 
authorized by a vote of at least a majority of all the share- procedure. 
holders of such corporation, entitled to vote, voting in per- 
son or by proxy at a meeting especially called to consider 
the subject. Notice of such special meeting, containing a 
statement of the time, place and the purpose for which 
such meeting is called, shall be sent by the clerk of the cor- 
poration to each shareholder thereof by mail, postage pre- 
paid, at least thirty days before the date of the meeting. 
Notice of the meeting shall also be advertised three times 
in one or more newspapers published in the city or town in 
which the main office of the corporation is situated, and if 
there be no such newspaper, then in a newspaper published 
in the county where the town is situated, the last publica- 
tion to be at least one day before the meeting. 

Approved March 29, 1938. 

An Act relative to making available to certain gov- C/iap.l63 

ERNMENTAL AGENCIES CERTAIN INFORMATION UNDER THE 
UNEMPLOYMENT COMPENSATION LAW. 

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: 

Chapter one hundred and fifty-one A of the General ^j^;{|fX'^ 
Laws is hereby amended by striking out section forty- §47,' etc..' ' 
seven, as appearing in section one of chapter four hundred ^"^'^ 
and twenty-one of the acts of nineteen hundred and thirty- 
seven, and inserting in place thereof the following: — Sec- Reports of 
tion 47. The commission shall make such reports, in such commission. 



134 Acts, 1938. — Chap. 164. 

form and containing such information, as the federal social 
security board or its successor may from time to time re- 
quire, and shall furnish such additional information in such 
form as said board or its successor may from time to time 
require to substantiate the accuracy of such reports; and 
shall make available, upon request, to any agency of the 
United States charged with the administration of public 
works or other assistance through public employment, in- 
formation containing the name and address, ordinary occu- 
pation and employment status of each recipient of unem- 
ployment benefits who is specified in such request, the 
amounts of such benefits paid and the dates of payment, 
and a statement of such recipient's rights to further bene- 
fits under this chapter; and shall make available, upon re- 
quest made in a form and manner approved by the com- 
mission, to any agency of the commonwealth, or of any 
political subdivision thereof, charged with the duty of fur- 
nishing persons aid or assistance in any form or with the 
administration of assistance through public employment, like 
information with respect to any person applying for or 
receiving such aid or assistance who is specified in the re- 
quest, and any information so secured shall be confidential 
and whoever discloses the same otherwise than as required 
or authorized by law shall be subject to the penalty pro- 
vided in section thirty-five. The commission shall comply 
with all reasonable federal regulations governing expendi- 
tures of sums allotted or apportioned to the commonwealth 
for the administration of this chapter and accepted by the 
commonwealth. Approved March 29, 1938. 

Chap. lQ4i An Act making permanent certain provisions of law 

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

Emergency Wheretts, 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: 

G L. (Ter. SECTION 1. Chapter one hundred and fifty-five of the 

section liA.^"^ General Laws is hereby amended by inserting after sec- 
added. ^^Qj^ twelve, as appearing in the Tercentenary Edition, the 
Kochu*^""^ following new section: — Section 12 A. Every corporation 
weifare^^ „t„ ^lay, by vote of its directors, or of its officers having the 
powers of directors, contribute such sum or sums of money 
as said directors or officers may determine to be reasonable 
to any general fund being raised by a relief committee or 
agency approved by the commissioner of public welfare, as 
evidenced by a writing filed in his office, and formed for the 
purpose of raising money to be used for the betterment of 
social and economic conditions in any community in which 



purposes, etc. 



Acts, 1938. — Chap. 165. 135 

such corporation is doing business. Nothing in this section 
shall be construed as directly or indirectly restricting or 
otherwise affecting, except as herein provided, the rights 
and powers of any corporation with reference to payments 
of the nature above specified. 

Section 2. Chapter eight of the acts of nineteen hun- Repeal, 
dred and thirty-three, as amended by chapter nine of the 
acts of nineteen hundred and thirty-four, chapter four of 
the acts of nineteen hundred and thirty-five and chapter 
twenty of the acts of nineteen hundred and thirty-six, is 
hereby repealed. Approved March 81, 1938. 



An Act regulating closing out sales, so called, and Chav.l^b 

SIMILAR TYPES OF SALES. 

Be it enacted, etc., as follows: 

Chapter ninety-three of the General Laws is hereby g. l. (Ter. 
amended by inserting after section twenty-eight, as appear- new sections 
ing in the Tercentenary Edition, under the heading regu- f^strted^' 

LATING closing OUT SALES, SO CALLED, AND SIMILAR TYPES 

OF SALES, the following four new sections : — 

Section 28 A. No person shall offer for sale a stock of g^f^fg^JJ^g^' 
goods, wares or merchandise under the designation of "clos- regulated. "' 
ing out sale", "going out of business sale", "discontinuance 
of business sale", "removal sale", or other designation of 
like meaning, in any city or town, unless he has had a usual 
place of business therein for at least one year prior to such 
offering for sale, without having first filed with the clerk of 
such city or town prior to the opening of such sale, a com- 
plete inventory of all items to be included in such sale, 
which inventory shall include only goods, wares and mer- 
chandise actually in the place of business, wherein or whereat 
such sale is to be conducted, at the opening of the sale, nor 
without having first filed with said clerk a good and sufficient 
bond, payable to the city or town, in the penal sum of one 
thousand dollars, with sureties approved by the mayor or 
selectmen or by a justice of the district court in whose judi- 
cial district is situated the city, town or ward in which such 
sale is to be conducted, conditioned upon compliance with 
sections twenty-eight A and twenty-eight B; provided, that, 
after a change of ownership of the whole of such stock, or 
of the entire balance of such stock, in case a portion thereof 
has already been so sold, no person shall carry on such sale 
until the new owner of such stock or balance, unless he has 
had a usual place of business for at least one year as afore- 
said, shall have filed with the city or town clerk an inven- 
tory and bond as hereinbefore provided. 

Section 28 B. No person subject to section twenty-eight A Advertisement, 
conducting such a sale shall add to the stock offered for sale 
thereat unless an itemized list of the goods, wares or mer- 
chandise so added shall first have been advertised in a 
newspaper published in the city or town wherein such sale 



136 



Acts, 1938. — Chap. 166. 



Application 
of law. 



Penalty. 



is being conducted or unless each item of stock so added 
is plainly and conspicuously designated as having been so 
added by a statement in the English language on the item 
or its container or on a tag or label attached thereto. 

Section 28C. Sections twenty-eight A to twenty-eight D, 
inclusive, shall not apply to sales conducted in accordance 
with sections eighteen to twenty-one, inclusive, of chapter 
one hundred or to sales made by sheriffs, deputy sheriffs, 
constables, collectors of taxes, executors, administrators, 
guardians, conservators, receivers, assignees under volun- 
tary assignments for the benefit of creditors or insurers, or 
by any other person required by law to sell personal prop- 
erty. 

Section 28D. Whoever violates any provision of sections 
twenty-eight A to twenty-eight C, inclusive, shall be pun- 
ished by a fine of not more than one hundred dollars or by 
imprisonment for not more than thirty days, or both, and 
each day on which a sale is conducted in violation of any 
of said provisions shall constitute a separate offence. 

Approved March 31, 1938. 



G. L. (Ter. 
Ed.), 90, § 14, 
amended. 



ChaV 166 ^^ ^^'^ RESTRICTING THE RATE OF SPEED OF MOTOR VE- 
HICLES APPROACHING AND PASSING SCHOOL BUSES WHICH 
HAVE BEEN STOPPED TO ALLOW PASSENGERS TO ALIGHT 
FROM OR BOARD THE SAME. 

Be it enacted, etc., as follows: 

Section fourteen of chapter ninety of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "zones" in the fifteenth line the 
following new sentence: — In approaching and passing a 
school bus which has been stopped to allow passengers to 
alight from or board the same, the person operating a motor 
vehicle shall slow down to a rate of speed not exceeding ten 
miles per hour; provided, that such school bus bears the 
words "school bus" in letters of such size and type as are 
visible at a distance of at least three hundred feet in the 
direction toward which it is facing and in the reverse direc- 
tion, — so as to read as follows: — Section 14- Every per- 
son operating a motor vehicle shall bring the vehicle and 
the motor propelling it immediately to a stop when approach- 
ing a horse or other draft animal being led, ridden or driven, 
if such animal appears to be frightened and if the person in 
charge thereof shall signal so to do; and, if traveling in the 
opposite direction to that in which such animal is proceed- 
ing, said vehicle shall remain stationary so long as may be 
reasonable to allow such animal to pass; or, if travehng 
in the same direction, the person operating shall use rea- 
sonable caution in thereafter passing such animal. In ap- 
proaching or passing a car of a street railway which has 
been stopped to allow passengers to alight from or board 
the same, the person operating a motor vehicle shall not 



Precautions 
for safety of 
travelers on 
highways. 

Rate of speed 
of motor 
vehicles 
restricted. 



Acts, 1938. — Chap. 167. 137 

drive such vehicle within eight feet of the running board 
or lowest step of the car then in use by passengers for the 
purpose of alighting or boarding, except by the express 
direction of a traffic officer or except at points where pas- 
sengers are protected by safety zones. In approaching and 
passing a school bus which has been stopped to allow pas- 
sengers to alight from or board the same, the person operat- 
ing a motor vehicle shall slow down to a rate of speed not 
exceeding ten miles per hour; provided, that such school 
bus bears the words "school bus" in letters of such size 
and type as are visible at a distance of at least three hun- 
dred feet in the direction toward which it is facing and in 
the reverse direction. Upon approaching a pedestrian who 
is upon the traveled part of any way and not upon a side- 
walk, every person operating a motor vehicle shall slow 
down. The person operating a motor vehicle on any way 
upon approaching an intersecting way or a curve or a corner 
in said way where his view is obstructed shall slow down 
and upon approaching any junction of said way with an 
intersecting way before turning into the same shall slow 
down and keep to the right of the intersection of the 
center lines of both ways or extensions thereof, when turning 
to the right, and shall pass to the right of the intersection 
of the center lines of said ways or extensions thereof before 
turning to the left. Approved March 81, 1938. 

An Act authorizing the town of cohasset to pay an Qhav 167 

ANNUITY TO HERBERT L. BROWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Cohasset may pay an annuity 
of six hundred dollars, in monthly instalments, to Herbert 
L. Brown, who for more than forty-four years has been in 
the service of said town. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of said town at a town meeting, not 
later than the annual town meeting in the year nineteen 
hundred and thirty-nine. The vote shall be taken by ballot, 
in answer to the question which shall be placed, in case of a 
special meeting, upon a ballot to be provided and used at 
said meeting, or, in case of said annual meeting, 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-eight, entitled 'An Act authorizing the 
Town of Cohasset to pay an Annuity to Herbert L. Brown', 
be accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved April 5, 1938. 



138 Acts, 1938. — Chaps. 168, 169. 



ChaV. IQS ^N ^^"^ RELATIVE TO THE CONTROL OF THE IMPORTATION OF 
ANIMALS AFFECTED WITH BANG's ABORTION DISEASE. 

Be it enacted, etc., as follows: 

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

f 26a!^ ' Laws is hereby amended by striking out section twenty- 
amended, gjjj ^^ g^g appearing in the Tercentenary Edition, and insert- 
shipping, etc., ing in place thereof the following : — Section 26 A . Whoever 
wdth^outln-^ ships, drives or transports into the commonwealth cattle 
^enluzed^*""' ^^ ^6 uscd for dairy purposes, unless they have been inspected 
and passed as healthy by a veterinary inspector of the 
United States Bureau of Animal Industry or a veterinarian 
of the state of origin authorized by the state and approved 
by said bureau and are accompanied by a certificate of 
health approved by the proper livestock officials of the 
state of origin stating that each such animal six months 
of age or over was negative to an agglutination blood test 
for Bang's abortion disease applied within thirty days prior 
to entry, shall be punished by a fine of not more than two 
hundred dollars. Approved April 6, 1938. 



Chap. 169 An Act relative to expenditures of money by the 

COUNTY COMMISSIONERS OF BARNSTABLE COUNTY FOR THE 
PURPOSE OF PROMOTING THE RECREATIONAL ADVANTAGES 
OF SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Barnstable 
county may, for the purpose of advertising the recreational 
advantages of said county, expend such sums, not exceed- 
ing, in the aggregate, twenty-five thousand dollars in any 
one year, as may be appropriated therefor; provided, that 
such expenditures from money so appropriated shall not at 
any time be more than the sum which shall have been con- 
tributed by public subscription or by donation deposited 
with the county treasurer for the purpose aforesaid. Said 
commissioners shall expend such sums only for advertising 
in newspapers, magazines and the like, or for booklets, 
posters or other forms of advertising, or for information 
booths within the county, or for displays or booths main- 
tained at fairs or expositions outside the county for the 
purpose of advertising such advantages. In carrying out 
the provisions of this act the commissioners may designate 
an agent or agents to act for them; provided, that all bills 
incurred shall be accompanied by proper vouchers and shall 
be paid by the county treasurer only on warrants approved 
by the county commissioners or a majority of them. 

Section 2. The state secretary shall cause to be placed 
on the official ballot to be used in the towns in Barnstable 
county at the biennial state election in the year nineteen 
hundred and thirty-eight the following question: — "Shall 



Acts, 1938. — Chaps. 170, 171. 139 

an act passed by the general court in the year nineteen hun- 
dred and thirty-eight, entitled, 'An Act relative to Expendi- 
tures of Money by the County Commissioners of Barnstable 
County for the Purpose of Promoting the Recreational Ad- 
vantages of Said County', be accepted?" If a majority of 
the votes cast in said county in answer to said question is 
in the affirmative, sections one and three of this act shall 
thereupon take full effect, but not otherwise. 

Section 3. Chapter three hundred and eighteen of the 
acts of nineteen hundred and thirty-seven is hereby repealed. 

Approved April 5, 1938. 



An Act relative to expenditures by city officers Chap. 170 

DURING THE INTERVAL BETWEEN DECEMBER THIRTY-FIRST 
IN EACH YEAR AND THE TIME OF MAKING THE NEXT AN- 
NUAL APPROPRIATION. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws is hereby amended ^i^^; ^J^l ^4, 
by striking out section thirty-four, as appearing in the Ter- ameAded. 
centenary Edition, and inserting in place thereof the follow- 
ing: — Section 34- In the period after the expiration of any Municipaijx- 
fiscal year and before the regular appropriations have been anticipation of 
made by the city council, the city officers who are authorized appropriations. 
to make expenditures may incur liabilities in carrying on 
the work of the several departments intrusted to them, and 
payments therefor shall be made from the treasury from any 
available funds therein, and charged against the next an- 
nual appropriation; provided, that the habilities incurred 
during such interval for regular employees do not exceed in 
any one month the average monthly expenditures of the 
last three months of the preceding fiscal year, and that the 
total liabilities incurred during said interval do not exceed 
in any one month the sums spent for similar purposes dur- 
ing any one month of the preceding fiscal year; and pro- 
vided, further, that said officers who are authorized to make 
expenditures may expend in any one month for any new 
officer or board lawfully created an amount not exceeding 
one twelfth of the estimated cost for the current fiscal year. 
All interest and debt falling due in said interval shall be 
paid. Approved April 5, 1938. 



An Act further regulating and limiting the speed of Chap. 171 

CERTAIN HEAVY VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. Section thirty of chapter eighty-five of the o. l. (Ter. 
General Laws, as amended by chapter thirty of the acts of f to,' ft^c.. 
nineteen hundred and thirty-five, is hereby further amended amended, 
by inserting after the word "thereby" in the fortieth line 
the following new sentence: — The board or officer having 
charge of any bridge may make regulations prohibiting any 



140 



Acts, 1938. — Chap. 171. 



Use of 
highways by 
traction 
engines and 
other heavy 
vehicles 
regulated. 



vehicle to which this section appHes from passing over such 
bridge at a speed greater than six miles an hour, which regu- 
lations shall be in force if conspicuously posted at each end 
of such bridge with a statement of the load capacity of such 
bridge, — so as to read as follows: — Section 30. No vehicle 
shall travel or object be moved, on any public way, which 
has any device attached to or made a part of its wheels or 
the rollers or other supports on which it rests, which will 
injure the surface of the way; nor shall any vehicle travel 
or object be moved, on any public way, which weighs more 
than fourteen tons, or, in the case of a vehicle equipped 
with pneumatic tires, more than fifteen tons, without a per- 
mit from the board or officer having charge of such way, or, 
in case of a state highway, or a way determined by the 
department of public works to be a through route, from the 
commissioner of public works; provided, that no such per- 
mit shall be required for the operation of a semi-trailer unit 
or a vehicle having three axles, whether or not so equipped, 
which does not weigh more than twenty tons. No vehicle 
shall travel or object be moved on any public way, outside 
of the metropolitan parks or sewerage districts, the weight 
of which resting on the surface of such way exceeds eight 
hundred pounds upon any inch of the tire, roller or other 
support, without such a permit. Such a permit may limit 
the time within which it shall be in force and the ways 
which may be used and may contain any provisions or con- 
ditions necessar}^ for the protection of such ways from in- 
jury. If, in the opinion of the board or officer having charge 
of any public way, the travel or moving thereon at any sea- 
son of the year of any vehicle or object which weighs more 
than ten thousand pounds would cause injury to such way 
more serious than the ordinary wear and tear which the 
type of construction of such way is designed to withstand, 
such board or officer may by regulation prohibit such ve- 
hicle or object from passing over such way during such sea- 
son without a permit therefor. All such regulations shall, 
when affecting ways which are determined by the depart- 
ment of public works to be through routes, be subject to 
the approval of such department. Such regulations shall 
be published and shall take effect as provided in case of 
rules and orders under section twenty-two of chapter forty 
and shall be posted in a conspicuous place at both ends of 
the part of said way from which traffic is prohibited thereby. 
The board or officer having charge of any bridge may make 
regulations prohibiting any vehicle to which this section ap- 
plies from passing over such bridge at a speed greater than 
six miles an hour, which regulations shall be in force if con- 
spicuously posted at each end of such bridge with a state- 
ment of the load capacity of such bridge. Any person driv- 
ing, operating or moving a vehicle or object in violation of 
this section or of any regulation adopted hereunder, or the 
owner thereof, shall be liable in tort to the body politic or 
corporate having charge of the way for any injury to the 



Acts, 1938. — Chap. 172. 141 

way thereby caused. All the aforesaid limitations as to 
weight shall be inclusive of the load. 

Section 2. Said chapter eighty-five is hereby further g. l. (Ter. 
amended by striking out section thirty-one, as appearing in amenle^d.^ ^^' 
the Tercentenary Edition, and inserting in place thereof the 
following: — Section SI. No vehicle which with its load ^p^^^ited 
weighs more than four tons shall, when equipped with me- 
tallic tires, travel upon any public way at a speed greater 
than four miles an hour. Approved April 5, 1938. 



An Act relative to the development and use by cities (JJiqj) 172 
and towns of sources of water supply within their 
own limits. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter forty of the General g. l. (Ter. 
Laws is hereby amended by inserting after clause (5), as f l^ett^,' 
appearing in the Tercentenary Edition, the following new amended. 
clause : — 

(5A) For supplying itself and its inhabitants with water Municipal 
as authorized by law. L^'r^'waTef °°' 

Section 2. Said chapter forty is hereby further amended supply. 
by striking out section thirty-eight, as so appearing, and Ed^iol'ss. 
inserting in place thereof the following : — Section 88. A ameAded. 
city, by a two thirds vote of its city council, ratified by a Purchase of 
majority of the voters thereof at an election called for the suppiy^by**^^' 
purpose, or a town, by action of its selectmen, ratified by a ^owns'^"'^ 
majority of its voters present and voting thereon at a town 
meeting at which the voting list shall be used, may, for the 
purpose of supplying water to itself and its inhabitants, 
purchase of any municipal or other corporation the right to 
take water from its sources of supply or from its pipes; or 
may purchase its whole water rights, estates, franchises and 
privileges, and thereby become entitled to all its rights and 
privileges and subject to all its duties and liabilities; or, 
by its board of water commissioners or oflEicers performing 
like duties, may contract with any such corporation for a 
supply of water. Any municipal corporation, by its water 
department, may make such a sale or enter into such a 
contract to supply water to a city or town. 

A city or town having a water supply or water distributing 
system may develop and use any source of water supply 
within its limits, not already appropriated for purposes of 
public water supply, and for such purpose may proceed 
under any laws applicable to such system as though the 
authority granted hereby had been contained in such laws; 
provided, that no source of water supply and no lands neces- 
sary 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. 

Section 3. Said chapter forty is hereby further amended EdV'io!*'^' 
by inserting after section thirty-nine, as so appearing, the new sections 



142 



Acts, 1938. — Chap. 172. 



39A-39G, 
inserted. 

Towns may 
establish 
water supply. 



Taking by 

eminent 

domain. 



Construction, 
etc., of reser- 
voirs, etc. 



seven following new sections : — Section 39 A . A town, by- 
action of its selectmen, ratified by a majority of its voters 
present and voting thereon at a town meeting at which the 
voting list shall be used, may establish a water supply or 
water distributing system and maintain and operate the 
same, in accordance with the six following sections; but no 
such system shall be established to supply water in any 
town while the inhabitants of any part thereof are being 
served directly by a water company or a water supply dis- 
trict, water district, or fire district suppljdng water to its 
inhabitants, except in accordance with section thirty-eight or 
with special law. 

Section SOB. For the purpose of establishing a water 
supply or water distributing system as authorized by section 
thirty-nine A, any town, by its board of water commissioners 
or selectmen authorized to act as such, may take by eminent 
domain under chapter seventy-nine, or acquire by purchase 
or otherwise, and hold, the waters, or any portion thereof, 
of any pond, brook, spring, stream or ground water sources 
within its limits, not already appropriated for purposes of 
public water supply, and any water or flowage rights con- 
nected therewith; and also for said purpose may take by 
eminent domain under chapter seventy-nine, or acquire 
by purchase or otherwise, and hold, all lands, rights of way 
and other easements necessary for collecting, storing, holding, 
purifying and treating such water and protecting and pre- 
serving the purity thereof and for conveying the same to any 
part of the town; provided, that no source of water supply 
and no lands necessary for protecting and preserving the 
purity of the water shall be taken or used without first 
obtaining the advice and approval of the department of 
public health, and that the location and arrangement of all 
dams, reservoirs, wells or filter galleries, filtration and pump- 
ing plants or other works necessary in carrying out the 
provisions of sections thirty-nine A to thirty-nine E, inclu- 
sive, shall be subject to the approval of said department. 

Section 39C. A town may construct and maintain on 
the lands acquired and held by it under section thirty-nine B 
proper dams, wells, reservoirs, pumping and filtration plants, 
buildings, standpipes, tanks, fixtures and other structures, 
including also purification and treatment works, the con- 
struction and maintenance of which shall be subject to the 
approval of the 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, 



Acts, 1938. — Chap. 172. 143 

pipes and other works, and for all other proper purposes of 
sections thirty-nine A to thirty-nine E, inclusive, a 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 the town or, in the case of a state highway, of 
the state department of public works; and provided, further, 
that no such town shall enter upon, or construct or lay any 
conduits, pipes or other works within, the location of any 
railroad corporation except at such time and in such manner 
as it may agree upon with such corporation or, in case of 
failure so to agree, as may be approved by the department 
of public utilities. 

Section SOD. Such a town may enter upon any lands for Temporary 
the purpose of making surveys, test pits and borings, and °<"'"p^^>°'^- 
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 said sections thirty- 
nine A to thirty-nine E, inclusive. 

Section 39E. The land, water rights and other property Management 
taken or acquired under section thirty-nine B, and all works, tlif/n.^*'^*^ 
buildings and other structures erected or constructed under 
sections thirty-nine C and thirty-nine D, shall be managed, 
improved and controlled by a board of water commissioners 
to be elected as provided by section sixty-nine A of chapter 
forty-one, or by its selectmen authorized to act as such, in 
such manner as they shall deem for the best interests of the 
town. 

Section 39F. Any person or corporation injured in his Recovery of 
or its property by any action of a town under said sections takings.^ °^ 
thirty-nine A to thirty-nine E, inclusive, may recover 
damages from said town under chapter seventj^-nine. 

Section 39G. Whoever wilfully or wantonly corrupts, pol- •^onu[i^n''etc 
lutes or diverts any of the waters taken or held under said of water ' 
sections thirty-nine A to thirty-nine E, inclusive, or injures ^"pp^'®^- 
any structure, work or other property owned, held or used 
by a town under the authority and for the purposes of said 
sections, shall forfeit and pay to said town three times the 
amount of damages assessed therefor, to be recovered in an 
action of tort; and upon conviction of any one of the above 
wilful or wanton acts shall be punished by a fine of not 
more than three hundred dollars or by imprisonment for not 
more than one year, or both. 

Section 4. Chapter forty-one of the General Laws is g. l. (Ter. 
hereby amended by inserting after section sixty-nine, as so new secUons 
appearing, the two following new sections : — Section 69 A . ^dded"'^ ^^^' 
Any town establishing a w^ater supply or water distributing 
system under authority of section thirty-nine A of chapter 
forty may establish a board of three water commissioners 
or authorize its selectmen to act as such. Such commis- water 
sioners shall, in the first instance, be elected by ballot to eiTtTonTf?^"' 
hold office, one until the expiration of three years, one until term. 



144 Acts, 1938. — Chap. 172. 

the expiration of two years, and one until the expiration of 
one year, from the next succeeding annual town meeting; 
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. A majority of said 
commissioners shall constitute a quorum for the transaction 
of business. After the election of a board of water commis- 
sioners under authority of this section, any vacancy occur- 
ring in said board from any cause may be filled for the 
remainder of the unexpired term by said town at any legal 
town meeting called for the purpose. Any such vacancy 
may be filled temporarily in the manner provided by sec- 
tion eleven, and the person so appointed shall perform the 
duties of the office until the next annual meeting of said 
town or until another person is qualified. Nothing herein 
contained shall prevent action under section twenty-one or 
sixty-nine. 
Duties of Section 69B. The water commissioners, or the selectmen 

Commissioners. authoHzed to act as such, in a town establishing a water 
supply or water distributing system under authority of sec- 
tion thirty-nine A of chapter forty shall have exclusive 
charge and control of the water department and water sys- 
tem, subject to all lawful by-laws and to such instructions, 
rules and regulations as the town may from time to time 
impose by its vote. They may establish fountains and hy- 
drants, may relocate or discontinue the same, may regulate 
the use of the water and fix and collect just and equitable 
prices and rates for the use thereof, and shall prescribe the 
time and manner of payment of such prices and rates. 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 for 
the purpose of a municipal water supply. If in any year 
there should be a net surplus remaining after providing for 
the aforesaid charges for that year, such surplus, or so much 
thereof as may be necessary to reimburse the town for 
moneys theretofore paid on account of its water depart- 
ment, shall be paid into the town treasury. If in any year 
there should be a net surplus remaining after providing for 
the aforesaid charges and for the payment of any such 
reimbursement in full, such surplus may be appropriated for 
such new construction as the water commissioners, or select- 
men authorized to act as such, with the approval of the 
town, may determine upon; and in case a net surplus should 
remain after payment for such new construction the water 
rates shall be reduced proportionately. Said commission- 
ers, or the selectmen authorized to act as such, shall annu- 
ally, 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, 1938. — Chap. 172. 145 

Section 5. Section eight of chapter forty-four of the g. l. (Ter. 
General Laws, as so appearing, is hereby amended by striking amended.^ ^' 
out clause (3) and inserting in place thereof the following: — 

(3) For establishing or purchasing a system for supplying Town may 
a city or town and its inhabitants with water, for taking thTS"^^^''^^ 
or purchasing water sources, or water or flowage rights, or '^"^i*- 
for taking or purchasing land for the protection of a water 
system, thirty years. 

Section 6. Section three of chapter seventy-nine of the g. l. (Ter. 
General Laws, as so appearing, is hereby amended by m- amended. ' 
serting after the word "void" in the twenty-second line the 
following: — ; and provided, further, that when a taking 
of any water, water source or water or flowage right is made 
the right to damages shall not vest until the water is actu- 
ally withdrawn or diverted, — so that the first paragraph 
will read as follows : — The board of officers by whom an Recording. 
order of taking has been adopted under section one shall tlktng^ 
within thirty days thereafter cause a copy thereof, signed 
by them or certified by their secretary or clerk, or, in case 
of a taking by or on behalf of a city by a board of officers 
having no secretary or clerk, certified by the city clerk, to 
be recorded in the registry of deeds of every county or dis- 
trict in which the property taken or any of it lies. The 
copy of an order of taking made under chapter one hundred 
and fifty-nine in connection with proceedings thereunder to 
abolish grade crossings by the department of public works, 
or by the department of public utilities, may be filed and re- 
corded without the payment of any fee therefor. Upon the 
recording of an order of taking under this section, title to 
the fee of the property taken or to such other interest therein 
as has been designated in such order shall vest in the body 
politic or corporate on behalf of which the taking was made; 
and the right to damages for such taking shall thereupon 
vest in the persons entitled thereto unless otherwise pro- 
vided by law; provided, however, that when a taking is 
made for the purpose of a highway or town way or for 
ditches or drains for draining the same, the right to dam- 
ages shall not vest until such way, drain or ditch has been 
entered upon or possession thereof has been taken for the 
purpose of constructing the same, and if such entry is not 
made or possession taken within two years of the date of 
the order, the taking shall be void; and provided, further, 
that when a taking of any water, water source or water or 
flowage right is made the right to damages shall not vest 
until the water is actually withdrawn or diverted. 

Section 7. Section nine of said chapter seventy-nine, as g. l. (Ter. 
so appearing, is hereby amended by inserting after the word amende^d.^ ^' 
"use" in the nineteenth line the following: — , or, in the 
case of injury to any water, water source or water or flowage 
right, until the water is actually withdrawn or diverted, — 
so that the last sentence will read as follows : — The dam- Award of 
ages shall be assessed as of the date when the vote or order cerTaircaTes. 
is adopted, but the right to damages shall not vest and the 



146 Acts, 1938. — Chap. 173. 

damages shall not be paid until the work which caused the 
injury has been completed, or until the public improvement 
which has been discontinued has ceased to be open to public 
use, or, in the case of injury to any water, water source or 
water or flowage right, until the water is actually with- 
drawn or diverted, and if the order does not go into effect, 
or is rescinded or altered, only so much of the damages 
shall be paid as has been actually sustained. 

Approved April 5, 1938. 

Chap. 17 S An Act extending the period of public control and 

MANAGEMENT OF THE EASTERN MASSACHUSETTS STREET 
RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Upon the termination on the fifteenth day 
of January, nineteen hundred and thirty-nine, of the five 
year period of the management and control by trustees of 
the Eastern Massachusetts Street Railway Company, here- 
inafter called the company, under the provisions of chapter 
one hundred and eight of the acts of nineteen hundred and 
thirty-three, the public management and control of the com- 
pany by trustees shall be extended, subject to the provi- 
sions of chapter two hundred and ninety-eight of the acts 
of nineteen hundred and twenty-eight and of this act, for 
a period of five years from said date. Except as hereinafter 
otherwise expressly provided, the provisions of said chapter 
two hundred and ninety-eight shall remain in full force and 
effect for such further period of five years. 

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

Section 3. For the purposes of this act, the words "ex- 
tended period specified in section one", as used in section 
five of said chapter two hundred and ninety-eight, shall 



Acts, 1938. — Chap. 174. 147 

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

Section 4. This act shall take effect as of January fif- 
teenth, nineteen hundred and thirty-nine, except for the 
purpose of its acceptance as hereinafter provided and for 
the purpose of appointing trustees hereunder, upon its ac- 
ceptance by the company given by a vote of the holders 
of not less than a majority of all the stock of the company 
at a meeting held for the purpose, a copy of which vote, 
certified by the clerk of the company, shall be filed with the 
state secretary; provided, however, that this act shall be- 
come void unless such a certified copy of said vote of accept- 
ance shall be so filed on or before November first, nineteen 
hundred and thirty-eight. Approved April 5, 1938. 



An Act relative to the use of information and rec- Chav 174 

ORDS IN cases of WAYWARDNESS OR DELINQUENCY. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and nineteen of the g. l. (Ter. 
General Laws is hereby amended by striking out section ^mendil,' ^ ^' 
sixty, as appearing in the Tercentenary Edition, and insert- § 6oa. added. 
ing in place thereof the two following sections : — Section Record of 
60. An adjudication of any child as a wayward child or noradmfslibie 
delinquent child under sections fifty-two to fifty-nine, in- ^ evidence. 
elusive, or the disposition thereunder of any child so ad- "'^'^^ '°'^' 
indicated, or any evidence given in any case arising under 
said sections, shall not be lawful or proper evidence against 
such child for any purpose in any proceeding in any court, 
and records in cases arising against any child under said 
sections shall not be received in evidence or used in any way 
in any such proceeding, except in subsequent proceedings for 
waywardness or delinquency against the same child and ex- 
cept in imposing sentence in any criminal proceeding against 
the same person. 

Section 60 A . The records of the court or the superior Court records 
court on appeal in all cases of waywardness or delinquency pubiic1n-*° 
arising under sections fifty-two to fifty-nine, inclusive, shall spection. 
be withheld from public inspection except with the consent 
of a justice of such court, but such records in any such case 
against any particular child shall be open, at all reasonable 
times, to the inspection of the child, his or her parent or 
parents, guardian and attorney, or any of them. 



148 



Acts, 1938. — Chap. 175. 



G. L. (Ter. 
Ed.), 31, § 13, 
amended. 



Statements 
required of 
applicants for 
civil service 
examinations. 



G. L. (Ter. 
Ed.), 276. 5 90, 
amended. 



Inspection of 
records by 
probation 
officers. 



Section 2. Section thirteen of chapter thirty-one of the 
General Laws, as so appearing, is hereby amended by add- 
ing at the end the following : — or as to any act of way- 
wardness or deUnquency committed before the apphcant 
reached the age of seventeen, — so as to read as follows: — 
Section 13. Every appHcation shall state under oath the 
full name, residence and post office address, citizenship, age, 
place of birth, health and physical capacity, right of pref- 
erence as a veteran, previous employment in the public 
service, occupation and residence for the previous five years 
and education of the applicant, and such other information 
as may be reasonably required relative to his fitness for the 
public service; but no question shall be asked in such appli- 
cation or in any examination requiring a statement as to 
any offence committed before the applicant reached the age 
of sixteen or as to any act of waywardness or delinquency 
committed before the applicant reached the age of seventeen. 

Section 3. Section ninety of chapter two hundred and 
seventy-six of the General Laws, as so appearing, is hereby 
amended by adding at the end the following : — ; provided, 
that his records in cases arising under sections fifty-two to 
fifty-nine, inclusive, of chapter one hundred and nineteen 
shall not be open to inspection without the consent of a 
justice of his court, — so as to read as follows: — Section 
90. A probation officer shall not be an active member of 
the regular police force, but so far as necessary in the per- 
formance of his official duties shall, except as otherwise pro- 
vided, have all the powers of a police officer, and if ap- 
pointed by the superior court may, by its direction, act in 
any part of the commonwealth. He shall report to the court, 
and his records may at all times be inspected by police offi- 
cials of the towns of the commonwealth; provided, that his 
records in cases arising under sections fifty-two to fifty-nine, 
inclusive, of chapter one hundred and nineteen shall not be 
open to inspection without the consent of a justice of his 
court. Approved April 5, 1938. 



Chap. 17 5 -^N ^^'^ RELATIVE TO APPROPRIATIONS AND ASSESSMENT OP 
TAXES IN CITIES, OTHER THAN BOSTON, FAILING TO COMPLY 
WITH THE ANNUAL BUDGET OR CERTAIN OTHER LEGAL 
REQUIREMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-two of chapter forty-four of 
the General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by adding at the end the following new 
paragraph : — 

If, upon the expiration of sixty days after the annual 
organization of the city government in any year, the mayor 
or commissioner or director of finance, as the case may be, 
shall not have submitted to the city council the annual 
budget for said year, the city council shall forthwith upon its 



G. L. (Ter. 
Ed.), 44, § 32, 
amended. 



Annual bud- 
gets in cities, 
preparation of. 



Acts, 1938. — Chap. 176. 149 

own initiative prepare the annual budget; and in such case 
the city council shall have the same authority to require 
estimates of the expenditures of the several departments and 
offices of the city as is hereinbefore given to the mayor or 
commissioner or director of finance, as the case may be. 
As soon as may be after its preparation of the annual budget, 
the city council shall proceed to act thereon and all amounts 
voted by it shall be valid appropriations for the purposes 
stated therein without the approval of the mayor or com- 
missioner or director of finance, as the case may be. 

Section 2. Section twenty-three of chapter fifty-nine of EdV'59l'23 
the General Laws, as so appearing, is hereby amended by ameAded. 
adding at the end the following new paragraph : — 

If, prior to May tenth in any year, the assessors of any Fixing of 
city except Boston shall not have received from the city clerk menTof tix?s 
a certificate under section fifteen A of chapter forty-one Jaih^Tt°ipass 
of the appropriations voted for the annual budget for said city budget. 
year and if it appears to them, after inquiry of the city clerk, 
that such appropriations have not been voted, they shall 
forthwith assess a tax for said year in accordance with the 
provisions of this section, except that, in determining the 
amount of the tax to be assessed, there shall be considered 
as having been appropriated for the annual budget for said 
year an amount equal to the aggregate appropriations voted 
for the annual budget for the next preceding year. 

Approved April 5, 1938. 



An Act relative to the kinds of business that fire Chap. 176 

INSURANCE companies MAY TRANSACT. 

Be it enacted, etc., as follows: 

Section forty-seven of chapter one hundred and seventy- 9^\\- jj^''t ^^ 
five of the General Laws is hereby amended by striking ameAded." 
out clause First, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following: — First, To Fire insurance 
insure against loss or damage to property by fire, smoke, ki'SisTf '^^' 
smudge, lightning and other electrical disturbances, collision, ^utiToHzed. 
collapse, fall, wind, tornado, tempest, cyclone, earthquake, 
volcanic eruption, hail, frost, snow, ice, weather or climatic 
conditions, including excess or deficiency of moisture, flood, 
rain or drought, rising of the waters of the ocean or its 
tributaries, bombardment, invasion, foreign enemies, insur- 
rection, riot, sabotage, war, civil war or commotion, military 
or usurped power, vandalism, malicious mischief, strikes, 
labor disturbances, looting, explosion fire ensuing, and 
explosion no fire ensuing except explosion of steam boilers 
and flywheels; also to insure against loss or damage by 
insects, disease or other causes, to trees, crops or other prod- 
ucts of the soil; and against loss of use or occupancy due 
to any of said causes. Approved April 5, 1938. 



150 Acts, 1938. — Chaps. 177, 178. 



Chap. 177 ^'^ Act to authoeize Massachusetts bonding and in- 
surance COMPANY TO acquire AND USE CERTAIN ADDI- 
TIONAL REAL ESTATE IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Massachusetts Bonding and Insurance Company, incor- 
porated July twenty-ninth, nineteen hundred and seven, 
notwithstanding the provisions of section sixty-four of chap- 
ter one hundred and seventy-five of the General Laws, but 
subject to the approval of the commissioner of insurance, 
may invest in, own and hold real estate in the city of Bos- 
ton, to be used in whole or in part for the convenient trans- 
action of its business, to an amount not exceeding eight 
hundred thousand dollars in addition to any investment in 
real estate now authorized under the provisions of said sec- 
tion sixty-four; provided, that nothing contained herein 
shall be construed as authorizing a total investment by said 
company in real estate for use in whole or in part for the 
convenient transaction of its business exceeding, in the ag- 
gregate, the sum of three million dollars at any one time. 

Approved April 5, 1938. 



Chap. 17S ^^ Act to authorize the placing of the office of 

CITY auditor of THE CITY OF LOWELL UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of city auditor of the city of 
Lowell shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations, 
and the tenure of office of any incumbent thereof shall be 
unlimited, subject, however, to said laws, but the person 
holding said office on said effective date may 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 Lowell at the biennial 
state election in the current year in the form of the follow- 
ing question, which shall be placed upon the official ballot 
to be used in said city at said election : — " Shall an act 
passed by the general court in the year nineteen hundred 
and thirty-eight, entitled 'An Act to authorize the placing 
of the Office of the City Auditor of the City of Lowell under 
the Civil Service Laws', be accepted?" _ If a majority of 
the votes in answer to said question is in the affirmative, 
then this act shall thereupon take full effect, but not other- 
wise. Approved April 5, 1938. 



Acts, 1938. —Chaps. 179, 180, 181. 151 



An Act providing for sessions of registrars of voters Chap. 17 Q 

IN ALL the wards OF EVERY CITY PRIOR TO THE BIENNIAL 
state ELECTION. 

Be it enacted, etc., as follows: 

Chapter fifty-one of the General Laws is hereby amended Edo'ii^Mw 
by inserting after section twenty-nine A, as appearing in l^^^l°^ ^^^• 
the Tercentenary Edition, the following new section : — 
Section 29B. In cities the registrars shall, within forty Sessions of 
days before the biennial state election, but on or before the in^dtS" 
last day fixed for registration, hold one or more sessions in 
one or more suitable places in each ward of the city. 

Approved April 5, 1938. 



Chap. ISO 



An Act to authorize any city or town to expend 

MONEY in co-operation WITH THE FEDERAL GOVERN- 
MENT PRIOR TO THE PASSAGE OF ITS ANNUAL BUDGET. 

Be it enacted, etc., as follows: 

Section 1. ' Cities and towns may, in the period after 
the expiration of any fiscal year and before the regular 
appropriations have been made, through their duly author- 
ized officers, incur liabilities for the purpose of providing 
co-operation with the federal government in unemployment 
relief and other projects, of direct or indirect benefit to the 
city or town or its inhabitants, and payments therefor shall 
be made from the treasury from any available funds therein, 
and charged against the next annual appropriation, or, if no 
appropriation is made, the amount so paid shall be raised 
by the assessors under section twenty-three of chapter fifty- 
nine of the General Laws; provided, that the liabilities in- 
curred under authority of this act during said interval do 
not exceed in any one month one twelfth of the sum spent 
for similar purposes during the preceding year; and pro- 
vided, further, that the aggregate expenditures under this 
act do not exceed in any one year one third of the aggregate 
amount expended for similar purposes in the preceding year. 

Section 2. This act shall not be operative after July 
first, nineteen hundred and forty-one. 

Approved April 5, 1938. 



An Act authorizing any fire insurance company to Chav 181 

INCLUDE IN THE STANDARD FIRE POLICY ANY INSURANCE 
COVERAGE THERETOFORE TRANSACTED UNDER A SPECIAL 
LICENSE. 

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



152 Acts, 1938. — Chap. 182. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section twenty-two A of chapter one hundred and seventy- 

f 22A!etc.. five of the General Laws, as amended by chapter two hun- 
amended. ^^.^^ ^^^^ thirty-fouF of the acts of nineteen hundred and 

thirty-five, is hereby further amended by adding at the end 
the following : — , and any insurance coverage for the trans- 
action of which it has received a h cense from the commis- 
sioner under clause (g) of section fifty-one or under clause (g) 
of section fifty-four, — so that the last paragraph will read 
as follows : — 
standard Any Company authorized to insure against the hazards 

cove^age!^*' spccificd in the first clause of section forty-seven may incor- 
porate in the standard fire policy prescribed by section 
ninety-nine in the manner provided in the ninth clause of 
said section, coverage against loss or damage by any of the 
hazards set forth in the said first clause and in subdivision (/) 
of the second clause, and the eighth clause of said section 
forty-seven, and any insurance coverage for the transaction 
of which it has received a license from the commissioner 
under clause (g) of section fifty-one or under clause (g) of 
section fifty-four. Approved April 7, 1938. 

Chap. 1S2 An Act relative to appropriations for school pur- 
poses IN THE city of CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Cam- 
bridge shall annually appropriate money for the mainte- 
nance of the schools and school buildings in said city, and for 
the salaries of all teachers and other employees, including 
janitors of school buildings, employed by them; provided, 
that the words "maintenance of school buildings" shall not 
include the restoration of a school building when damaged or 
destroyed by fire, explosion, or other unavoidable casualty. 
Each such appropriation shall be submitted by the school 
committee in budget form to the mayor for his approval 
and shall be subject to section fifty-five of chapter forty- 
three of the General Laws in like manner as orders or votes 
of the city council, except that the affirmative vote of five 
members of the school committee shall be necessary to pass 
the appropriation over the veto of the mayor. 

Section 2. So much of the provisions of section thirty- 
one of chapter three hundred and sixty-four of the acts of 
eighteen hundred and ninety-one, as amended by section 
two of chapter five hundred and sixty-six of the acts of 
nineteen hundred and seven, by chapter three hundred and 
sixty-two of the acts of nineteen hundred and eight, by 
chapter three hundred and ninety-five of the acts of nine- 
teen hundred and nine and by section one of chapter eight 
hundred and four of the acts of nineteen hundred and thir- 
teen, and so much of the provisions of chapter four hundred 
and forty-one of the acts of nineteen hundred and eleven, 



Acts, 1938. — Chap. 183. 153 

of chapter two hundred and forty-eight of the Special Acts 
of nineteen hundred and nineteen, of chapter one hundred 
and eighty-four of the acts of nineteen hundred and twenty- 
six, and of chapter three hundred and seventy-two of the 
acts of nineteen hundred and thirty, as regulates appropria- 
tions for school purposes in said city and as is inconsistent 
herewith is hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved April 7, 1938. 



An Act authorizing holyoke water power company to QJkit) 183 
increase its capital stock, to change the par value 
of its shares and to issue bonds, notes and other 
evidences of indebtedness. 

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

Be it enacted, etc., as follows: 

Section 1. Holj^oke Water Power Company, incorpo- 
rated by chapter six of the acts of eighteen hundred and 
fifty-nine, is hereby authorized to increase its capital stock 
for any and all its corporate purposes authorized by law by 
such an amount that the total receipts by said company 
from the sale of the additional capital stock hereby author- 
ized, when issued as hereinafter provided, will amount to a 
sum not exceeding three million dollars in cash. Said in- 
creased capital stock shall be issued for cash, at not less than 
par, pursuant to the provisions of chapter one hundred and 
fiftj^-six of the General Laws relating to business corporations. 

Section 2. Said company may, at a meeting duly called 
for the purpose, by the vote of a majority in interest of all 
its outstanding stock, authorize a change of the par value 
of the shares of its capital stock. Articles of amendment 
setting forth such change signed by the president, treasurer 
and a majority of the directors of said company shall be 
approved and filed in the manner provided in said chapter 
one hundred and fifty-six with respect to similar amend- 
ments of articles of organization of other corporations sub- 
ject to said chapter. 

Section 3. The said Holyoke Water Power Company 
may issue from time to time such amount of bonds, coupon 
notes, and other evidences of indebtedness payable at peri- 
ods of more than one year after date thereof as the commis- 
sioner of corporations and taxation may from time to time 
determine to be reasonably necessary for its corporate pur- 
poses. 

Section 4. Nothing in this act shall be construed to en- 
large or diminish the corporate powers of said company 
under chapter six of the acts of eighteen hundred and fifty- 
nine, chapter seventy-two of the acts of eighteen hundred 



154 Acts, 1938. — Chaps. 184, 185. 

and eighty-nine, chapter three hundred and fifty of the acts 
of nineteen hundred and three, as amended by chapter one 
hundred and fifty-two of the acts of nineteen hundred and 
nine, chapter fifty-four of the acts of nineteen hundred and 
twenty-four or chapter one hundred and forty-seven of the 
acts of nineteen hundred and twenty-six, except as provided 
by the three preceding sections of this act. 

Approved April 7, 1938. 

Chap.lS4: An Act relative to an appropriation by the town op 

BARNSTABLE IN THE CURRENT YEAR FOR ADVERTISING 
THE TOWN AND FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Barnstable may, by a majority 
vote at a town meeting called for the purpose during the 
current year, appropriate a sum not exceeding three thou- 
sand dollars for the purpose of advertising the advantages 
of the town and for providing amusements or entertain- 
ments of a public character, notwithstanding any provision 
of section one of chapter three hundred and eighty-two of 
the acts of nineteen hundred and twenty-four, as amended 
by section one of chapter thirty-three of the acts of the 
current year. 

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

Approved April 7, 1938. 

Chap. 185 An Act establishing the time within which petitions 

MAY BE FILED BY MORTGAGEES FOR THE ASSESSMENT OF 
DAMAGES IN CONNECTION WITH PROPERTY TAKEN BY EMI- 
NENT DOMAIN. 

Be it enacted, etc., as follows: 

G-L.(Ter Section sixteen of chapter seventy-nine of the General 

etc!, 'amended'. Laws, as amended by section two of chapter one hundred 
and eighty-seven of the acts of nineteen hundred and 
thirty-six, is hereby further amended by inserting after the 
word "person" in the third line the following: — , includ- 
ing every mortgagee of record, — and by striking out all 
after the word "property" in the tenth line, — so as to 
Time of fii- read as follows: — Section 16. A petition for the assessment 
ing petitions. q£ ^amagcs under section fourteen may be filed within one 
year after the right to such damages has vested; but any 
person, including every mortgagee of record, whose property 
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 ex- 
piration 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. Approved April 7, 1938. 



Acts, 1938. — Chap. 186. 155 



An Act relative to exemptions from the payment of Chav. ISQ 

POLL TAXES AND RELATIVE TO THE ANNUAL LISTING OF 
RESIDENTS OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter fifty-one of the Gen- g. l. (Ter 
eral Laws is hereby amended by striking out the first para- etc!, 'amended, 
graph, as most recently amended by section one of chapter 
one of the acts of nineteen hundred and thirty-seven, and 
inserting in place thereof the following : — Except as other- Assessors to 
wise provided by law, the assessors, assistant assessors, or S'^certaln 
one or more of them shall annually, in January or Febru- residents, etc. 
ary, visit every building in their respective cities and towns, 
and, after diligent inquiry, shall make true lists containing, 
as nearly as they can ascertain, the name, age, occupation, 
nationality if not a citizen of the United States, and resi- 
dence on January first in the preceding year and in the cur- 
rent year, of every male person twenty years of age or older, 
residing in their respective cities and towns, liable to be 
assessed for a poll tax; and shall also make true lists con- 
taining the same facts relative to every woman twenty 
years of age or older residing in their respective cities and 
towns. 

Section 2. Said chapter fifty-one is hereby further g^^-^^^K 
amended by striking out section eight, as most recently etc!, amended. 
amended by section two of said chapter one, and inserting 
in place thereof the following : — Section 8. If a male resi- Assessment 
dent in a city or town, except in one having a listing board, Cot^pn>viousiy 
on January first was not assessed for a poll tax, or if a ^^^essed. 
woman in such a city or town was not listed under section 
four, such person shall, in order to establish his right to be 
assessed or listed, present to the assessors before the close 
of registration a sworn statement that he was on said day 
a resident of such city or town, and a sworn list of his polls 
and estate. If the assessors are satisfied that such state- 
ment is true, they shall assess or list him, as the case may be, 
and give him a certificate thereof. 

Section 3. Chapter fifty-nine of the General Laws is S-,^iJ®r. 
hereby amended by striking out section one, as amended etc!, amended. 
by section one of chapter two hundred and two of the acts 
of nineteen hundred and thirty-six, and inserting in place 
thereof the following : — Section 1 . In the year nineteen poii tax. 
hundred and thirty-nine and annually thereafter a poll tax 
of two dollars shall be assessed on every male inhabitant 
of the commonwealth above the age of twenty, whether a 
citizen of the United States or an alien. 

Section 4. Section five of said chapter fifty-nine, as S^^•ip^5 
most recently amended by chapter forty-seven of the acts etc!, amended. 
of nineteen hundred and thirty-eight, is hereby further 
amended by inserting after clause Seventeenth the following 
new clause : — 



156 Acts, 1938. — Chaps. 187, 188. 

Exemptions. Seventeenth A, Male inhabitants of the commonwealth 

who are seventy years of age or over, or who, during the 
preceding calendar year, were recipients of old age assistance 
or of aid furnished by municipalities from funds appropri- 
ated by them for the relief, support, maintenance and em- 
ployment of the poor, shall be assessed for, but shall be 
exempt at their request from the payment of, a poll tax. 

Effective SECTION 5. This act shall take effect on December thirty- 

first, nineteen hundred and thirty-eight. 

Approved April 7, 1938. 

C hap. 1S7 An Act relative to the appointment of the clerk of 

COMMITTEES IN THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The clerk of committees in the city of Fall 
River shall be appointed by the mayor, subject to confir- 
mation by the city council, to hold office for two years and 
until his successor is qualified, notwithstanding any provi- 
sion of chapter forty-three of the General Laws to the con- 
trary. 

Section 2. This act shall take effect on the first Monday 
of January in the year nineteen hundred and thirty-nine. 

Approved April 7, 1938. 

Chap. ISS An Act providing for the election or appointment of 

AN appropriation, ADVISORY OR FINANCE COMMITTEE BY 
THE TOWN OF HOLLISTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Holliston, notwithstanding the 
provisions of section sixteen of chapter thirty-nine of the 
General Laws, may provide by by-law for the election of an 
appropriation, advisory or finance committee, as well as 
for the appointment of such a committee under said section 
sixteen. Any by-law of said town authorizing the election of 
such a committee adopted prior to the effective date of this 
act, and all acts done by a committee so elected, are hereby 
confirmed and made valid to the same extent as if this act 
had been in effect at the tim.e of the adoption of such by- 
law. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Holliston voting thereon at the annual town meeting in 
the year nineteen hundred and thirty-nine or at a special 
town meeting held prior thereto. 

Approved April 7, 1938. 



Acts, 1938. — Chaps. 189, 190. 157 



An Act to authorize the placing of the office of city Chap.lSd 

ENGINEER OF THE CITY OF MEDFORD UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of city engineer of the city of 
Medford shall, upon the effective date of this act, become 
subject to the civil service laws, rules and regulations, and 
the tenure of office of any incumbent thereof shall be un- 
limited, subject, however, to said laws, but the person hold- 
ing said office on said effective date may continue therein 
without taking a civil service examination. 

Section 2. This act shall be submitted to the registered 
voters of said city at the biennial state election in the cur- 
rent year in the form of the following question, which shall 
be placed upon the official ballot to be used in said city at 
said election: — "Shall an act passed by the general court 
in the year nineteen hundred and thirty-eight, entitled ' An 
Act to authorize the placing of the Office of City Engineer 
of the City of Medford under the Civil Service Laws', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved April 7, 1938. 

An Act limiting the placing of the words "candidate Chav.l^^) 

FOR re-election" ON OFFICIAL BALLOTS FOR THE ELEC- 
TION OF OFFICERS IN TOWNS. 

Be it enacted, etc., as follows: 

The third paragraph of section forty-one of chapter fifty- g. l. (Ter. 
four of the General Laws, as amended by section two of ^ttl'amendtd. 
chapter thirty-five of the acts of nineteen hundred and 
thirty-three, is hereby further amended by inserting after 
the word "an" in the fourteenth line the word: — elected, 
— so as to read as follows : — 

To the name of each candidate for a state or city office. Ballots, 
except city offices in cities where political designations are nadonsto^'^" 
forbidden, shall be added in the same space his party or 8° thereon. 
political designation or designations. To the name of a can- 
didate for a state or city office who is an elected incumbent 
thereof and who is one of two or more candidates therefor 
bearing the same name, there shall be added in the same 
space the words "Candidate for Re-election". To the name 
of each candidate for a town office upon an official ballot 
shall be added the designation of the party or principle which 
he represents, contained in the certificate of nomination or 
nomination papers. To the name of each candidate for a 
town office upon an official ballot who is an elected incum- 
bent thereof shall be added the words "Candidate for Re- 
election". The town clerk shall add the words "Caucus 
Nominee" to the name of any candidate nominated for a 



158 



Acts, 1938. — Chaps. 191, 192. 



town office by a caucus held under the provisions of sections 
one hundred and seventeen to one hundred and twenty, 
inclusive, of chapter fifty-three. Approved April 7, 1938. 



Chap.l^l An Act tending to prevent fraudulent or invalid sig- 
natures ON initiative and referendum petitions. 

Be it enacted, etc., as follows. • 

Chapter fifty-three of the General Laws is hereby amended 
by inserting after section twenty-two A, as amended by 
chapter eighty of the acts of nineteen hundred and thirty- 
two, the following new section : — Section 22B. Each initi- 
ative or referendum petition filed with the state secretary 
shall contain a statement, signed under the penalties of per- 
jury by the person who circulated the petition, that each 
person whose name appears on said petition signed the same 
in person. Approved April 7, 1938. 



G. L. (Ter. 
Ed.), 53. 
new section 
22B, added. 

Invalid, etc., 
signatures on 
initiative, etc., 
petitions. 



G. L. (Ter. 
Ed.), 53. 
§ 22A, etc., 
amended. 



Objections to 
signatures to 
initiative, etc., 
petitions. 



Chap. 192 An Act providing for the giving and taking of re- 
ceipts FOR INITIATIVE AND REFERENDUM PETITIONS BY 
registrars OF VOTERS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section twenty-two A of chapter fifty-three of the Gen- 
eral Laws, as amended by chapter eighty of the acts of 
nineteen hundred and thirty-two, is hereby further amended 
by inserting after the word "registrars" in the ninth line 
the following new sentence : — Registrars shall receipt in 
writing for each initiative or referendum petition submitted 
to and received by them, and shall deliver such petitions 
only on receiving written receipts therefor, — so as to read 
as follows : — Section 22 A . The provisions of law relative 
to the signing of nomination papers of candidates for state 
office, and to the identification and certification of names 
thereon and submission to the registrars therefor, shall ap- 
ply, so far as apt, to the signing of initiative and referendum 
petitions and to the identification and certification of names 
thereon, and, except as otherwise provided, to the time of 
their submission to the registrars. Registrars shall receipt 
in writing for each initiative or referendum petition submit- 
ted to and received by them, and shall deliver such peti- 
tions only on receiving written receipts therefor. Objections 
that signatures appearing on an initiative or referendum 
petition have been forged or placed thereon by fraud and 
that in consequence thereof the petition has not been signed 
by a sufficient number of qualified voters actually support- 
ing such petition, as required by the constitution, may be 
filed with the state secretary not later than the sixtieth day 
prior to the election at which the measure therein proposed 
or the law which is the subject of the petition is to be sub- 
mitted to the voters, except that, if a referendum petition 



Acts, 1938. — Chap. 193. 159 

is lawfully filed after the sixty-third day prior to said elec- 
tion, such objections may be filed not later than seventy- 
two week day hours succeeding five o'clock of the day on 
which such petition is so filed. If upon hearing or otherwise 
it appears to the state secretary that there is substantial 
evidence supporting such objections, he shall refer the same 
to the state ballot law commission, which shall investigate 
the same, and for such purpose may exercise all the powers 
conferred upon it relative to objections to nominations for 
state offices, and if it shall appear to said commission that 
the objections have been sustained it shall forthwith reject 
the petition as not in conformity with the constitution and 
shall notify the state secretary of its action. 

Approved April 7, 1938. 



An Act establishing the office of second assistant fh^r) 193 

CLERK IN the SECOND DISTRICT COURT OF BRISTOL. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter two hundred and EdV'iis^'^s lo 
eighteen of the General Laws, as most recently amended by etc!, 'amended.' 
section one of chapter two hundred and ninety-seven of the 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by inserting after the word "Essex" in the twenty- 
fifth line the words : — , the second district court of Bristol, 
— so as to read as follows: — Section 10. The clerk of a Assistant 
district court may, subject to the approval of the justice, ^rfct^com'ts^" 
appoint one or more assistant clerks, who shall be remov- 
able at his pleasure or at the pleasure of the court, for whose 
official acts the clerk shall be responsible and who shall be 
paid by him unless salaries payable by the county are 
authorized in this section or in section fifty-three. Assist- 
ant clerks with salaries payable by the county may be 
appointed in the central district court of northern Essex, 
the municipal court of the Charlestown district, the mu- 
nicipal court of the Brighton district, the district court of 
western Hampden, the district court of Newton, the district 
court of northern Norfolk and in courts the judicial dis- 
tricts of which have, according to the national or state cen- 
sus last preceding, a population of sixty thousand or more. 
Second assistant clerks with salaries payable by the county 
may be appointed in the municipal court of the Roxbury 
district, the East Boston district court, the municipal court 
of the Charlestown district, the municipal court of the Dor- 
chester district, the municipal court of the Brighton dis- 
trict, the municipal court of the West Roxbury district, the 
central district court of Worcester, and, subject to the 
approval of the county commissioners, in the first district 
court of eastern Middlesex, the third district court of east- 
ern Middlesex, the district court of southern Essex, the sec- 
ond district court of Bristol, the third district court of Bris- 
tol and the district court of East Norfolk. 



160 Acts, 1938. — C^haps. 194, 195. 

Third assistant clerks with salaries payable by the county 
may be appointed in the municipal court of the Roxbury 
district and, subject to the approval of the county commis- 
sioners, in the first district court of eastern Middlesex and 
the third district court of eastern Middlesex. 
Acceptance SECTION 2. This act shall take full effect upon its accept- 

provisions. c i 

ance durmg the current year by vote of the county commis- 
sioners of the county of Bristol, but not otherwise. 

Approved April 7, 1938. 



C/ia».194 An Act to authorize the placing of the office of com- 
missioner OF welfare of the city of revere under 
the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of commissioner of welfare of the 
city of Revere shall, upon the effective date of this act, be- 
come subject to the civil service laws, rules and regulations, 
and the tenure of office of any incumbent thereof shall be 
unhmited, subject, however, to said laws, but the person 
holding said office on said effective date may continue 
therein without taking a civil service examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Revere at its city 
election in the current year in the form of the following 
question, which shall be placed upon the official ballot to 
be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and thirty-eight, 
entitled 'An Act to authorize the placing of the office of 
commissioner of welfare of the city of Revere under the 
civil service laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved April 7, 1938. 



Chap. 195 -^N Act relative to the giving of welfare relief in 

THE CITY OF FALL RIVER BY FURNISHING FOOD. 

Be it enacted, etc., asfolloivs: 

Where the board of public weKare of the city of Fall 
River furnishes an applicant for relief with food in lieu of 
cash, such appUcant shall have the right to select such 
food as he may desire not to exceed in cost the amount of 
money determined by the board of public welfare or its 
agent to be the amount reasonably necessary for the relief 
of such apphcant. Approved April 7, 1938. 



Acts, 1938. — Chap. 196. 161 



An Act increasing the allotment to the state library CJwv 196 

OF THE annual BLUE BOOK EDITION, SO CALLED, OF THE 
ACTS AND RESOLVES. 

Be it enacted, etc., as follows: 

Section three of chapter five of the General Laws, as g. l. (Ter. 
appearing in the Tercentenary Edition, is hereby amended amended! ^' 
by striking out, in the twelfth line, the word "twenty-five" 
and inserting in place thereof the words : — for use therein 
and for the purpose of exchange, one hundred, — and by 
striking out, in the thirty-third line, the words "normal 
schools" and inserting in place thereof the words: — teach- 
ers colleges, — so that the paragraphs contained in the 
twelfth to the forty-second lines, inclusive, will read as fol- 
lows: — 

To the state library, for use therein and for the purpose Annual dis- 
of exchange, one hundred; of'the*?rws. 

To the governor, the lieutenant governor, the members of 
the executive council, the private secretary to the governor, 
the attorney general and his assistants, the adjutant gen- 
eral, every permanent state department, board and com- 
mission having an office and clerk and to such divisions 
thereof as in the opinion of the secretary require a copy for 
official use, the senators and representatives in congress 
from the commonwealth, the justices, clerks and registers of 
courts, such assistant clerks of courts for official use as the 
state secretary may designate, the reporter of decisions, dis- 
trict attorneys, county commissioners, county treasurers, 
registers of deeds, medical examiners, sheriffs, city and town 
clerks, city treasurers, city auditors, town treasurers and 
town auditors of towns having a population of over twenty- 
five thousand as determined by the last preceding state or 
nationaj census, the warden of the state prison, the super- 
intendent of the Massachusetts reformatory, the superin- 
tendent of the reformatory for women, keepers of jails and 
houses of correction, superintendents of state hospitals, 
superintendents of the Lyman and industrial schools, super- 
intendents of the state infirmary and the state farm. Har- 
vard University and all incorporated colleges within the 
commonwealth, the Massachusetts Historical Society, the 
New England Historic Genealogical Society, the Boston 
Athenaeum, the American Antiquarian Society in Worcester, 
the state teachers colleges, such free public libraries and 
branches thereof in the commonwealth as the state secretary 
may designate, county law libraries, all incorporated law 
libraries and branch libraries maintained by them, veteran 
organizations having headquarters in the state house, the 
justices of the supreme court of the United States, the 
judges and clerks of the United States circuit court of 
appeals and district court for the district of Massachusetts, 
one, each; to the clerks of the supreme judicial court and 



162 



Acts, 1938. — Chaps. 197, 198, 199. 



the superior court, a number sufficient to supply two copies 
at each place where regular or adjourned sessions of said 
courts are held; Approved April 7, 1938. 



ChapA97 An Act permitting acceptance of certain payments by 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws 
is hereby amended by inserting after section thirty-two, as 
appearing in chapter one hundred and forty-four of the acts 
of nineteen hundred and thirty-three, the following new 
section, under the following caption: — Other Authorized 
Payments. Section 32 A. The corporation may accept pay- 
ments other than those required by section twenty-seven, 
which shall be kept in a separate account to be applied by 
the corporation to the payments required by said section 
and to taxes, betterment assessments, and insurance pre- 
miums applicable to the mortgaged property, but the ac- 
ceptance of payments under this section shall not consti- 
tute a waiver of the provisions for payments contained in 
the mortgage and note given the corporation by the bor- 
rower. Approved April 7, 1938. 



G. L. (Ter. 
Ed.), 170, 
new section 
32A, added. 



Acceptance 
of certain 
payments. 



C/? aw. 198 ^'^ Act permitting certain insurance companies to 

INSURE outside THE COMMONWEALTH REAL PROPERTY 

against all risks or hazards. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 175, 
§ 54 A, etc., 
amended. 



Certain insur- 
ance companies 
authorized to 
insure per- 
sonal property 
outside the 
commonwealth. 



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 fifty-four A of chapter one hundred and seventy- 
five of the General Laws, inserted by chapter one hundred 
and sixty-five of the acts of nineteen hundred and thirty- 
two, is hereby amended by striking out, in the fifth line, the 
word "personal ", — so as to read as follows: — Section SI^A. 
Any domestic company authorized to transact any of the 
kinds of business specified in the second clause of section 
forty-seven may, outside the commonwealth, make con- 
tracts of insurance insuring property of any kind or de- 
scription against any and all risks of loss or damage. 

Approved April 11, 1938. 



ChaV 199 ^^ ■^^'^ RELATIVE TO THE MAKING BY CO-OPERATIVE BANKS 
OF LOANS UPON REAL ESTATE DIFFERING FROM ORDINARY 



CO-OPERATIVE BANK LOANS. 



Emergency 
preamble. 



Whe7-eas, The deferred operation of this act would tend 
to defeat its purpose, therefore it is hereby declared to be 



Acts, 1938. — Chap. 199. 163 

an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and ninety-one of the acts of nine- 
teen hundred and thirty-five, as most recently amended by 
chapter two hundred and thirty-three of the acts of nine- 
teen hundred and thirty-seven, is hereby further amended 
by striking out, in the second line, the word "six" and in- 
serting in place thereof the word : — nine, — by inserting 
after the word "thereof" in the twenty-sixth line the fol- 
lowing: — , and may contain provisions requiring the bor- 
rower to pay with each monthly payment as hereinbefore 
provided a monthly apportionment of estimated taxes, bet- 
terment assessments and insurance premiums, — and by 
adding at the end the following new paragraph: — Any such 
bank may accept principal payments in excess of payments 
required under any such mortgage, in which event the di- 
rectors may reduce the monthly payments as set forth in 
said mortgage; provided, that such reduced payments shall 
in no event extend the original term of the mortgage, — so 
as to read as follows : — Any co-operative bank established 
under the laws of the commonwealth may within nine 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 unen- 
cumbered by any mortgage or lien other than municipal 
liens or mortgages held by the bank making the loan; but 
no loan shall be made hereunder if thereby the aggregate 
of all loans upon real estate by such bank to any one bor- 
rower would exceed ten thousand dollars, or if thereby the 
aggregate of all loans upon real estate by such bank which, 
as to any one borrower, exceed eight thousand dollars and 
include a loan or loans made under this act would at any 
time be in excess of five per cent of the aggregate amount 
of all loans secured by mortgages of real estate held by such 
bank. Each loan hereunder shall be further secured by a 
promissory note in the full sum loaned, signed by the bor- 
rower, shall be upon improved real estate and shall not ex- 
ceed eighty per cent of the value of the mortgaged property 
as certified by the security committee of such bank. Every 
such mortgage 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, and may contain provisions requiring the borrower 
to pay with each monthly payment as hereinbefore provided 
a monthly apportionment of estimated taxes, betterment 
assessments and insurance premiums. 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, hold- 



164 



Acts, 1938. — Chaps. 200, 201. 



ing one or more unmatured, paid-up or matured shares, in 
his own name. Failure to complj'- with the foregoing require- 
ment shall constitute a breach of condition for which the 
unpaid balance of said loan shall become due and payable 
forthwith, at the option of the bank. 

Any such bank may accept principal payments in excess 
of payments required under any such mortgage, in which 
event the directors may reduce the monthly payments as 
set forth in said mortgage; provided, that such reduced 
payments shall in no event extend the original term of the 
mortgage. Approved April 11, 1938. 

Chap. 200 An Act to prohibit further pollution of the charles 

RIVER. 

Be it enacted, etc., as follows: 

No city or town bordering on the Charles river shall, on 
or after the effective date of this act, establish or maintain 
any new or additional outlet into said river for the disposal 
of sewage. The superior court shall have jurisdiction in 
equity to restrain any violation of this act. 

Approved April 11, 1938. 



Chap. 201 An Act further regulating the giving of notice of 

PARKING VIOLATIONS, SO CALLED. 



G. L. (Ter. 
Ed.), 90, 
§ 20A, etc., 
amended. 



Notice of 

parking 

violations. 



Be it enacted, etc., as follows: 

Section twenty A of chapter ninety of the General Laws, 
as amended by chapter one hundred and seventy-six of the 
acts of nineteen hundred and thirty-five, is hereby further 
amended by striking out the first paragraph and inserting 
in place thereof the following paragraph : — 

It shall be the duty of any police officer who takes cog- 
nizance of a violation of any provision of any rule, regula- 
tion, order, ordinance or by-law regulating the parking of 
motor vehicles established by any city or town or by any 
commission or body empowered by law to make such rules 
or regulations therein, forthwith to give to the offender a 
notice to appear before the clerk of the district court having 
jurisdiction, at any time during office hours not later than 
ten days after the time of said violation. Such notice shall 
be made in triplicate and shall contain the name and ad- 
dress of the offender and, if served with notice in hand at 
the time of such violation, the number of his license, if any, 
to operate motor vehicles; the registration number of the 
vehicle involved, the time and place of the violation, the 
specific offence charged, and the time and place for appear- 
ance. Such notice shall be signed by the officer, and shall 
be signed by the offender whenever practicable in acknowl- 
edgment that the notice has been received. The officer shall 
if possible dehver to the offender at the time and place of 
the violation a copy of said notice. Whenever it is not pos- 



Acts, 1938. -- Chap. 202. 165 

sible to deliver a copy of said notice to the offender at the 
time and place of the violation, said copy shall be sent by 
the officer, or by his commanding officer or any person 
authorized by said commanding officer, within forty-eight 
hours of the offence, exclusive of Sundays and holidays, to 
the address of the registrant of the motor vehicle involved, 
as appearing in the records of the registry of motor vehicles. 
Such notice mailed by the officer, his commanding officer, 
or the person so authorized, to the last address of said 
registrant as appearing as aforesaid, shall be deemed a suf- 
ficient notice, and a certificate of the officer or person so 
mailing such notice that it has been mailed in accordance 
with this section shall be deemed prima facie evidence thereof 
and shall be admissible in any court of the commonwealth 
as to the facts contained therein. At or before the comple- 
tion of each tour of duty the officer shall give to his com- 
manding officer those copies of each notice of such a viola- 
tion taken cognizance of during such tour which have not 
already been delivered or mailed by him as aforesaid. Said 
commanding officer shall retain and safely preserve one of 
such copies and shall, at a time not later than the beginning 
of the next court day after said delivery or mailing, deliver 
another of such copies to the clerk of the court before whom 
the offender has been notified to appear. 

Approved April 11, 1938. 



An Act to simplify procedure on certain petitions for (7/icir>.202 

WRITS OF MANDAMUS. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and forty-nine of the q l (Ter. 
General Laws, as appearing in the Tercentenary Edition, is ^^l^l^l' ^ ''• 
hereby amended by inserting after the word "party" in the 
eighth line the following new sentence : — If the respondent 
is the holder of a public office and pending the determination 
of the cause he ceases to hold that office, the court in its dis- 
cretion may, after notice, allow an amendment to substitute 
his successor in ofiice as a party respondent, — so as to 
read as follows: — Section 5. A petition for a writ of man- writs of 
damus may be presented to a justice of the supreme judicial nmndamus. 
court, and he may, after notice, hear and determine the 
same. Upon the return of the order of notice, the person 
required to appear shall file an answer showing cause why 
the writ should not issue, and the petitioner may traverse 
any material facts alleged in the answer or may demur 
thereto. The court may require a third person who has or 
claims a right or interest in the subject matter to appear 
and answer and to stand as the real party. If the respond- 
ent is the holder of a public office and pending the deter- 
mination of the cause he ceases to hold that office, the court 
in its discretion may, after notice, allow an amendment to 
substitute his successor in office as a party respondent. If 



166 Acts, 1938. — Chaps. 203, 204. 

the petitioner prevails, his damages shall be assessed and 
judgment shall be rendered therefor, with costs, and for a 
peremptory writ of mandamus; otherwise, the party answer- 
ing shall recover costs of the petitioner. No action shall be 
maintained for a false answer. All writs and processes may 
be issued from the clerk's office in any county and shall be 
returnable as the court orders. Approved April 11, 1938. 

Chap. 203 An Act to authorize the placing of the office of chief 

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

Be it enacted, etc., as follows: 

Section 1. The office of chief of fire department of the 
city of Beverly shall, upon the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to permanent members of fire departments 
of cities, and the tenure of office of any incumbent of said 
office shall be unlimited, subject, however, to such laws, 
but 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 biennial 
state election in the current year in the form of the follow- 
ing 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 year nineteen hundred and thirty- 
eight, entitled 'An Act to authorize the placing of the Office 
of Chief of Fire Department of the City of Beverly under 
the Civil Service Laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved April 11, 1938. 

Chap. 204: An Act relative to the setting of fires in the open air. 

Be it enacted, etc., as follows: 

G-L(Ter.^_^ Section thirteen of chapter forty-eight of the General 
amended. ' ' Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in the sixth to the eleventh lines, 
inclusive, the words "debris from fields, gardens and or- 
chards, and leaves and rubbish from yards, may be burned 
on ploughed fields by the owners thereof, their agents or 
lessees, if such fire is at least two hundred feet distant from 
any sprout or forest land and at least fifty feet distant from 
any building and is properly attended until extinguished; 
and provided, further, that", — so as to read as fol- 
Setting fires lows : — Scction 13. No person shall set, maintain or in- 

in open air n • ^ ■ • i ^i i • 

regulated. creasc a fare in the open air at any time unless the ground is 
Penalty. substantially covered with snow, except by written permis- 

sion, covering a period not exceeding ten days from the date 
thereof, granted by the forest warden or chief of the fire 
department in cities and towns, or, in cities having such an 



Acts, 1938. — Chaps. 205, 206. 167 

oflficial, the fire commissioner; provided, that persons above 
the age of eighteen may set or maintain a fire for a reason- 
able purpose upon sandy land, or upon salt marshes or sandy 
or rocky beaches bordering on tide water, if the fire is en- 
closed within rocks, metal or other non-inflammable material. 
The forester may make rules and regulations relating to the 
granting and revocation of such permits binding throughout 
the commonwealth. Such rules and regulations shall take 
effect subject to section thirty-seven of chapter thirty, when 
approved by the governor and council. The forest wardens 
in towns and officials performing the duties of forest wardens 
in cities shall cause public notice to be given of the pro- 
visions of this section and shall enforce the same. Whoever 
violates any provision of this section shall be punished by a 
fine of not more than one hundred dollars or by imprison- 
ment for not more than one month, or both. 

Approved April 11, 1938. 



An Act providing for the funding by the city of new 
bedford of tax abatements. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose 
set forth in section two of this act, may issue from time to 
time bonds or notes to an amount not exceeding, in the 
aggregate, five hundred thousand dollars, which shall bear 
on their face the words. City of New Bedford Tax Funding 
Loan, Act of 1938. Each authorized issue shall constitute 
a separate loan, and such loans shall be payable in not 
more than five years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory 
limit, but shall, except as herein provided, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

Section 2. The amounts borrowed under authority of 
this act shall be used only for the purpose of meeting, in 
whole or in part, sums abated and to be abated, in excess 
of the amounts of the overlays provided therefor, on account 
of taxes assessed in said city in the j^ears nineteen hundred 
and twenty-nine to nineteen hundred and thirty-seven, in- 
clusive, such sums being set forth or referred to in a list on 
file in the office of the director of accounts. 

Approved April 11, 1938. 



Chap.205 



An Act relative to the time during which the use of 
beam or otter trawls in taking fish from certain 
waters in nantucket sound shall be prohibited. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter sixty-six of the acts of nineteen 
hundred and thirty-one is hereby amended by striking out 



C hap. 20Q 



168 Acts, 1938. — Chaps. 207, 208. 

section one, as amended by chapter fifty-nine of the acts of 
nineteen hundred and thirty-two, and inserting in place 
thereof the following: — Section 1. It shall be unlawful for 
any person to use beam or otter trawls to drag for fish 
between May first and October thirty-first, both dates in- 
clusive, in any year, in that part of the waters of Nantucket 
Sound bounded as follows: Beginning at Great Point in 
the town of Nantucket, thence by an imaginary line to 
Monomoy Point in the town of Chatham, thence following 
shore line around and to Succonnesset Point in the town of 
Mashpee, thence by an imaginary line to Cape Pogue in 
the town of Edgartown, thence by an imaginary line to 
Eel Point in the town of Nantucket, thence by shore line to 
the said Great Point; provided, that in so much of such 
area as lies within three miles of the shore of Nantucket 
county it shall be unlawful for any person to use such trawls 
for such purpose during the month of April in any year, 
but not otherwise. 

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

Approved April H, 1938. 

Chap. 207 An Act authorizing the town of williamstown to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling and recon- 
structing the present high school building on Southworth 
street in the town of Williamstown, said town may borrow 
from time to time, within a period of five years from the 
passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, thirty-five thousand dollars, 
and may issue bonds or notes of the town therefor, which 
shall bear on their face the words, Wilhamstown School 
Loan, Act of 1938. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more 
than five years from their dates. Indebtedness incurred 
under this act shall be within the statutory limit and be 
subject to chapter forty-four of the General Laws, includ- 
ing the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved April 14, 1938. 

Chap. 20S An Act further regulating extensions of the bound- 
aries OF THE CHELMSFORD WATER DISTRICT AND AU- 
THORIZING SAID DISTRICT TO MAKE AN ADDITIONAL W^ATER 
LOAN. 

Be it enacted, etc., as follow s: 

Section 1. Chapter six hundred and forty-one of the 
acts of nineteen hundred and thirteen is hereby amended by 
striking out section thirteen and inserting in place thereof 



Acts, 1938. — Chap. 209. 169 

the following: — Section IS. 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 as described in section one, or as 
subsequently enlarged under authority of this section, and 
not otherwise served by a public water supply, be included 
within the hmits of said district, such petition being signed 
by the owners of such real estate, or of a major portion 
of such real estate, said commissioners shall cause a duly 
warned meeting of the district to be called, at which meeting 
the voters may vote on the question of including such real 
estate within the district. If a majority of the voters present 
and voting thereon vote in the affirmative the clerk of the 
district 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 said section one. 

Section 2. For the purpose of meeting the expense of 
laying mains and pipes the Chelmsford Water District may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, fifteen thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 
their face the words, Chelmsford Water District Loan, Act 
of 1938. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than 
fifteen years from their dates. Indebtedness incurred under 
this act shall be subject to all pertinent provisions of chapter 
forty-four of the General Laws. 

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

Approved April I4, 1938. 



Chap.209 



An Act relative to the payment of the cash surrender 
value of certain policies of life or endowment 
insurance issued by domestic life insurance com- 
panies, and permitting such companies to make 
extended term insurance the automatic non-for- 
feiture benefit under certain policies of life or 
endowment insurance. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and forty-four of g. l. (Ter. 
chapter one hundred and seventy-five of the General Laws, § 144, etc., 
as amended by section three of chapter one hundred and one ^'"ended. 
of the acts of nineteen hundred and thirty-three, is hereby 
further amended by striking out the first three paragraphs, 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the four following paragraphs : — 

After three full annual premiums have been paid on any cash surrender 
policy of life or endowment insurance issued by a domestic i'lfgu^ance^'^*'^'" 
life company after December thirty-first, nineteen hundred policies. 



170 Acts, 1938. — Chap. 209. 



insurance. 



Extended term and seven, the holder thereof, within thirty days after any 

"" default in the payment of a subsequent premium, may elect, 

by a writing filed with the company at its home office, (a) to 
surrender the policy and receive its value in cash, or (6) 
take paid-up insurance which shall be participating if the 
policy is on a participating basis, payable at the same time 
and on the same conditions as in the original contract, or 
(c) have the policy continued in force as extended term 
insurance from the anniversary date last passed for its face 
amount, including any outstanding dividend additions and 
less any indebtedness thereon or secured thereby, but without 
the right to loans; provided, that a policy whose proceeds 
are payable in instalments or as an annuity may provide 
that if either option (b) or (c) becomes operative the proceeds 
of the policy shall be payable in one sum. The cash sur- 
render value shall be the reserve on the policy at the end 
of the last policy year for which the premium was paid in full, 
plus a proportionate part of the increase in the cash value 
at the end of the succeeding year if any instalment not 
less than a quarterly instalment of the premium for that 
year has been paid, and of any dividend additions thereto, 
computed on the mortality and interest assumption upon 
which the company elects to reserve as prescribed by section 
nine, less a surrender charge of not more than five per cent 
of the present value of the future net premiums, which by its 
terms the polic}^ is exposed to pay in case of its continuance, 
computed upon the aforesaid mortality and interest basis, 
and less any existing indebtedness to the company on the 
policy or secured thereby. The company may reserve the 
right to defer the payment of such cash value for not ex- 
ceeding ninety days after the apphcation therefor is made. 
The term for which the policy will be continued or the 
amount of the paid-up policy will be such as the cash value 
will purchase as a net single premium at attained age of the 
insured according to the mortality and interest basis hereto- 
fore designated. But in case of an endowment policy, if the 
sum applicable to the purchase of extended term insurance 
shall be more than sufficient to continue the insurance to the 
end of the endowment term named in the policy, the excess 
shall be used to purchase in the same manner non-partici- 
pating paid-up pure endowment, payable at the end of the 
endowment term on the same conditions. 

If the holder shall not within thirty days from default 
surrender the policy to the company for cash as provided in 
option (a), or elect, by a writing filed with the company at 
its home office, to take paid-up insurance as provided in 
option (6), or to take extended term insurance as provided 
in option (c), the insurance will be binding upon the com- 
pany from the date of default without any further stipu- 
lation or act as provided in option (6), unless the policy pro- 
vides that it shall be binding as aforesaid as provided in 
option (c). The paid-up or the extended term insurance 
granted by the terms of the policy shall have a cash sur- 



Acts, 1938. — Chap. 209. 171 

render value which shall be its net value less any indebted- 
ness to the company on account of such policy or secured 
thereby, and the holder thereof may, within ninety days of 
the application therefor, claim and receive in cash such sur- 
render value. 

Every such pohcy which by its terms has become paid up 
shall have a cash surrender value which shall be its net 
value, less not more than five per cent of one net annual 
premium on a ten payment life policy at the age of entry 
of the insured, and less any indebtedness to the company 
on such policy or secured thereby; and the holder thereof 
may, within ninety days of the appHcation therefor, claim 
and receive in cash such surrender value. 

Nothing in this section shall be construed to prohibit the 
inclusion of a provision in a policy that the cash surrender 
value shall be payable with the written assent of the person 
to whom the policy is payable. 

Section 2. Section one hundred and forty-seven of said g;,L- (Tw. 
chapter one hundred and seventy-five, as so appearing, is § ut. amended, 
hereby amended by striking out, in the tenth and eleventh 
lines, the words ", with the written assent of the person to 
whom it is payable,", and by striking out, in the nineteenth 
and twentieth fines, the words ", with the written assent of 
the person to whom the policy is payable,", and by adding 
at the end the following new sentence : — Nothing in this 
section shall be construed to prohibit the inclusion of a 
provision in a poficy that the cash surrender value shall be 
payable with the written assent of the person to whom the 
poficy is payable, — so as to read as follows: — Section U7. ^^^y^P^^^ 
After premiums have been paid for five fufi years upon any 
such policy of industrial insurance, the holder thereof, in case 
of any default in the payment of a subsequent premium, may, 
by writing filed with the company at its home office, within 
the term of extension and not later than thirteen weeks from 
the date to which premiums have been paid, elect in lieu of 
extended term insurance, (1) to surrender the policy to the 
company and receive in exchange therefor a paid-up policy 
of not less value according to the mortality and interest basis 
aforesaid, payable at the^same time and on the same condi- 
tions as the original policy, or (2) to surrender the policy 
and receive its value in cash within sixty days after the 
demand therefor. Said cash surrender value shall be equal 
to the net single premium computed in the manner provided 
in the preceding section in the case of extended insurance. 
Any such policy of industrial insurance which shall, after 
five years from its original date of issue, become extended 
term insurance or a paid-up policy shall have a cash sur- 
render value which shall be its net value at the date of the 
appfication therefor, less any indebtedness to the company 
then existing thereon or secured thereby, which the holder 
thereof may claim and receive in cash within sixty days after 
written demand therefor. Nothing in this section shall be 
construed to prohibit the inclusion of a provision in a poficy 



172 



Acts, 1938. — Chap. 210. 



Effective 
as to exist- 
ing policies. 



that the cash surrender vakie shall be payable with the 
written assent of the person to whom the policy is pay- 
able. 

Section 3. Any domestic life insurance company may, 
upon the written request of the holder of any policy of life 
or endowment insurance, described in section one hundred 
and forty-four of chapter one hundred and seventy-five of the 
General Laws and issued by it prior to the effective date of 
this act, amend such poHcy to provide that option (c) speci- 
fied in said section one hundred and forty-four shall be 
automatically operative in default of an election under said 
section, instead of option (6) specified therein. 

Approved April I4, 1938. 



G. L. (Ter. 
Ed.), 112, §2, 
etc., amended. 



Revocation, 
etc., of cer- 
tificates of 
registration 
of physicians. 



Chap.210 An Act relative to the revocation or suspension of 

CERTIFICATES OF REGISTRATION TO PRACTICE MEDICINE 
AND TO THE CANCELLATION OF SUCH REGISTRATION. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and twelve of the 
General Laws, as most recently amended by sections one 
and two of chapter two hundred and forty-seven of the 
acts of nineteen hundred and thirty-six, is hereby further 
amended by striking out all after the word "application" 
in the twenty-first line, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following: — 
The board, after due notice and hearing, may revoke any 
certificate issued by it to, and cancel the registration of, 
any physician convicted of a felony, and may, at any time 
after the expiration of one year thereafter, reissue any cer- 
tificate so revoked, and register anew any physician whose 
registration was so canceled. The board, after due notice 
and hearing, may suspend, for a period not exceeding one 
year, any certificate issued by it to, and cancel the regis- 
tration of, any physician who has been shown at such hear- 
ing to have been guilty of gross and confirmed use of alcohol 
in any of its forms while engaged in the practice of his 
profession, or of the use of narcotic drugs in any way other 
than for therapeutic purposes; or of abuse of the authority 
granted in section two hundred and nine A of chapter ninety- 
four; or of publishing or causing to be published, or of dis- 
tributing or causing to be distributed, any literature con- 
trary to section twenty-nine of chapter two hundred and 
seventy-two; or of acting as principal or assistant in the 
carrying on of the practice of medicine by an unregistered 
person or by any person convicted of the illegal practice of 
medicine or by any physician whose registration has been 
canceled, and whose certificate has been revoked or sus- 
pended, by the board; or of aiding and abetting in any 
attempt to secure registration, either for himself or for an- 
other, by fraud; or, in connection with his practice, of 
defrauding or attempting to defraud any person. Except 



Acts, 1938. — Chaps. 211, 212. 173 

as otherwise provided herein, the board may, at any time, 
reissue any certificate so revoked and register anew any 
physician whose registration was canceled. 

Approved April 14, 1938. 



An Act preventing discrimination against certain Q}i(ip2\\ 

PERSONS WITH RESPECT TO THE PAYMENT OF WELFARE 
RELIEF. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventeen of the General Laws g l. (Ter. 
is hereby amended by inserting after section six, as amended, new. ni 
the following new section: — Section 6 A. No person receiv- 6a, section 
ing aid under this chapter shall be discriminated against J^^^J'gJ^j,°''*'°" 
with respect to the amount of such aid on account of the payment of 
receipt of old age assistance under chapter one hundred welfare rehef. 
and eighteen A by another member of his family who hves 
with him. Approved April 14, 1938. 



An Act relative to the giving of preference in em- Chav.212 

PLOYMENT IN THE CLASSIFIED LABOR SERVICE OF CITIES 
AND TOWNS TO PERSONS WITH ACTUAL DEPENDENTS. 

Be it enacted, etc., as follows: 

Chapter three hundred and sixteen of the acts of nine- 
teen hundred and thirty-one, as most recently amended by 
chapter one hundred and fifty-one of the acts of nineteen 
hundred and thirtj'-six, is hereby further amended by 
striking out, in the second fine, the word "thirty-eight" 
and inserting in place thereof the word : — forty, — so as to 
read as follows: — Until May fifteenth in the year nineteen 
hundred and forty, the commissioner of civil service, on 
receipt of a requisition from the head of any department, 
board or commission of a city or town for temporary labor- 
ers in the classified labor service, shall, in certifying eligible 
applicants for positions in said service, give preference to 
persons so eligible who have one or more persons 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 requisi- 
tion, which period shall not exceed three months. No re- 
employment or further employment shall be allowed at the 
end of such period, except by consent of the commissioner. 

Approved April I4, 1938. 



174 Acts, 1938. — Chaps. 213, 214, 215. 



Chap. 21S -^N Act relative to the use m evidence of authenti- 
cated COPIES OF CERTAIN PAPERS AND DOCUMENTS FILED 
WITH THE FEDERAL SECURITIES AND EXCHANGE COMMIS- 
SION. 

Be it enacted, etc., as follows: 

Edo.^sir' Section 1. Chapter two hundred and thirtj^-three of 

new section the General Laws is hereby amended by insertins: after sec- 

7oA, aaaea. •• , • • • ,i m ^^ ,. . 

seventy-Six, as appearing m the Tercentenary Edition, 
cSefor* the following new section: ~ Section 76 A. Photostatic or 
beSTn^ °^^^^ copies of applications, reports, books, records, returns, 
evidence in papcrs Or docuiiients filed with the federal securities and 
certain cases, gxchange commission, or any successor thereof, pursuant 
to the provisions of the act of congress known as the Se- 
curities Exchange Act of 1934, as heretofore or hereafter 
amended, if authenticated by the attestation of the officer 
or person who has charge of the same together with a cer- 
tificate of any one of the members of said commission, or of 
any successor thereof, that such attestation is in due form 
and by the proper officer or person, shall be competent evi- 
dence in all cases equally with the originals thereof. 
Apphcafon SECTION 2. This act shall apply in all cases pending on 

its effective date, as well as in cases thereafter commenced. 

Approved April I4, 1938. 



Chap. 214: An Act giving preference to certain former employ- 
ees OF THE PUBLIC WORKS DEPARTMENT IN THE TOWN 
OF ARLINGTON FOR EMPLOYMENT IN THE LABOR SERVICE 
OF SAID TOWN. 

Be it enacted, etc., as follows: 

Edward J. Nixon, William J. McCarthy and Charles 
Hill, formerly employed as foremen in the public works 
department of the town of Arlington, shall, if duly regis- 
tered as applicants for employment in the labor service of 
said town, be given preference for such employment. 

Approved April I4, 1938. 



Chap. 215 An Act relative to the tenure of office of the city 

ENGINEER OF THE CITY OF REVERE. 

Be it enacted, etc., as follows: 

Section 1. The city engineer of the city of Revere in 
office at the time this act takes effect and any person there- 
after appointed to fill any vacancy existing in such office 
shall hold office during good behavior and until the mayor 
shall remove him therefrom in accordance with the pro- 
visions of chapter thu-ty-one of the General Laws and the 
rules and regulations made thereunder relative, to removals 
from the classified public service. 



Acts, 1938. — Chap. 216. 175 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Revere at the bien- 
nial state election in the current year in the form of the 
following question which shall be placed upon the official 
ballot to be used in said city at said election: "Shall an 
act of the general court passed in the year nineteen hundred 
and thirty-eight, entitled 'An Act relative to the Tenure of 
Office of the City Engineer of the City of Revere', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved April IJ^, 1938. 

An Act relative to the issue by tw^o or more fire (JJidq) 216 

INSURANCE COMPANIES OF POLICIES OF MARINE AND AUTO- 
MOBILE INSURANCE, SO CALLED, UPON WHICH THEY SHALL 
BE SEVERALLY LIABLE. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and seventeen A of gj^v[Ter. 
chapter one hundred and seventy-five of the General Laws, § ii7a, 
as appearing in the Tercentenary Edition, is hereby amended '""^"'^'''^ 
by striking out, in the second and third lines, the words 
"eighth clause of section f ortj^-seven " and inserting in place 
thereof the words : — second clause of section forty-seven 
or under the eighth clause thereof, — and by striking out, 
in the fourth line, the words "eighth clause" and inserting 
in place thereof the words: — second clause or in said eighth 
clause, as the case may be, — so that the first paragraph 
will read as follows : — Two or more stock or two or more Combination 
mutual fire companies authorized to transact business under marine and 
the second clause of section forty-seven or under the eighth automobile 
clause thereof may issue a single policy of insurance against '"'*'^'"''^"'^''- 
loss or damage caused by any or all of the hazards specified 
in said second clause or in said eighth clause, as the case 
may be, on property or interests in the commonwealth on 
which each company shall be severally liable for a specified 
percentage of any loss or claim. Such policy shall be exe- 
cuted by the duly authorized officers of each company sub- 
ject to the provisions of section thirty-three in the case of 
a domestic company. 

Section 2. Said chapter one hundred and seventy-five g. l. (Ter. 
is hereby further amended by striking out the heading be- hetdinj^' 
fore said section one hundred and seventeen A, as so appear- amended. 
ing, and inserting in place thereof the heading: — 

MARINE AND AUTOMOBILE AND SPRINKLER LEAKAGE 
INSURANCE. 

Approved April I4, 1938. 



176 



Acts, 1938. — Chaps. 217, 218. 



Chap. 217 An Act further defining "employees" in the laws 

RELATIVE TO RETIREMENT SYSTEMS IN COUNTIES AND 
CERTAIN HOSPITAL DISTRICTS. 



G. L. (Ter. 
Ed.). 32, § 20, 
etc., amended. 



"Employee" 
defined. 



Be it enacted, etc., as follows: 

Section twenty of chapter thirty-two of the General Laws, 
as amended, is hereby further amended by striking out the 
paragraph defining "Employee", as appearing in section one 
of chapter three hundred and thirty-six of the acts of nineteen 
hundred and thirty-seven, and inserting in place thereof the 
following : — 

"Employee", any person who is regularly employed in 
the service of and, except in the case of a register of probate, 
whose salary or compensation is paid by the county or 
hospital district, including officials and public officers so 
paid, whether employed or appointed for stated terms or 
otherwise, except members of the judiciary and teachers 
in the public schools as defined by sections six and seven. 
In all cases of doubt the board shall decide who is an em- 
ployee. Approved April 14, 1938. 



Chap. 21S An Act to authorize a domestic life insurance com- 
pany TO provide for the payment of pensions to, and 
TO insure the lives of, its officers and employees 

UNDER A SINGLE OR GROUP CONTRACT OR POLICY ISSUED 
BY IT. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-six of chapter one hundred 
and seventy-five of the General Laws, as most recently 
amended by chapter sixty-one of the acts of nineteen hundred 
and thirty-six, is hereby further amended by adding at the 
end the following two new paragraphs : — 

Any domestic life company may, with the written approval 
of the commissioner, also provide for the payment of pensions 
to its aged or disabled employees under a group contract 
issued by it. Such a company may, with like approval, in- 
sure the lives of its employees under a group policy issued 
by it, which shall, except as otherwise provided, be subject 
to the provisions of sections one hundred and thirty-three to 
one hundred and thirty-six, inclusive, so far as applicable. 
The employees and the company shall contribute to the 
cost of, or the premium for, any such contract or policy. 
The provisions of section ninety-four relative to membership 
and voting rights in a domestic mutual life company shall 
not apply to any person covered by or insured under any 
such contract or policy. 

The term "employee", as used in this section, shall in- 
clude an officer. 
Ed.) ^175^,^*"^" Section 2. The first paragraph of section ninety-four 
1 94,' etc ,' of said chapter one hundred and seventy-five, as amended 

amended. 



G. L. (Ter. 
Ed.), 175, 
§ 36, etc., 
amended. 



Group in- 
surance for 
employees of 
certain insur- 
ance com- 
panies. 



Acts, 1938. — ("haps. 219, 220. 177 

by chapter eighty-one of the acts of nineteen hundred and 
thirty-three, is hereby further amended by striking out, the 
second time it appears in the first hne, the word "section" 
and inserting in place thereof the words: — sections thirty- 
six and, — so as to read as follows: — Except as provided in same subject. 
■ this section and in sections thirty-six and one hundred and 
thirty-seven, every person insured under a policy of life or 
endowment insurance issued by a domestic mutual life com- 
pany shall be a member thereof and entitled to one vote, 
and one vote additional for each five thousand dollars of 
insurance in excess of the first five thousand dollars, every 
person holding an annuity or pure endowment contract 
issued by any such company shall be a member thereof and 
entitled to one vote and, in the case of an annuity contract, 
one vote additional for each one hundred and fifty dollars of 
annual annuity income in excess of the first one hundred and 
fifty dollars, and every person insured under any policy of 
insurance issued by any such company under clause sixth 
of section forty-seven shall be a member thereof and entitled 
to one vote. Holders of such policies or contracts shall be 
notified of the annual meetings of the company by written 
notice, or by an imprint in the form prescribed by section 
seventy-six upon the fihng back of its pohcies or contracts, 
or, in the case of policies upon which premiums are payable 
monthly or oftener, on some other prominent place on each 
policy, and also upon premium receipts or certificates of 
renewal. Approved April 14, 1938. 

An Act relative to the payment for labor of certain (Jhav 219 

PRISONERS CONFINED UPON SENTENCES FOR NON-SUPPORT 
OR CERTAIN OTHER OFFENCES. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter two hundred and EdV'2%^'^59 
seventy-three of the General Laws, as appearing in the Ter- repealed." 
centenary Edition, is hereby repealed. 

Section 2. Said chapter two hundred and seventy-three g. l. (Ter. 
is hereby further amended by striking out section ten, as so fmendJd.' ^ ^°' 
appearing, and inserting in place thereof the following: — 
Section 10. Sections one to eight, inclusive, shall be so Uniformity of 
interpreted and construed as to effectuate their general «'«>°st''U'=tion. 
purpose to make uniform the law of those states enacting 
their provisions. Approved April I4, 1938. 

An Act authorizing cities and towns to use certain Qfidj) 220 

WAYS therein for PLAYGROUND PURPOSES. ^' 

Be it enacted, etc., as follows: 

Chapter forty-five of the General Laws is hereby amended ^j ^- ^J^^- 
by inserting after section seventeen, as appearing in the new section 
Tercentenary Edition, the following new section: — Section ^'''a- »'^<^«'^- 
17 A. For the purpose of promoting recreation, play or fOT^p°ij^ound 

purposes. 



178 Acts, 1938. ~ Chap. 221. 

sport, the city of Boston, by an order adopted by its school 
committee and approved by its traffic commission, any other 
city by ordinance and any town by by-law may provide for 
the closing to vehicular traffic, during periods of time specified 
in such order, ordinance or by-law, of any public way or 
part thereof within the limits of such city or town, except a 
state highway or a parkway or boulevard, having due regard 
in every instance to the rights of abutting owners and the 
general public in the use of such way or part thereof. 

Approved April 14, 1938. 



Chap. 221 An Act relative to procedure before the department 

OF PUBLIC utilities. 



Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.)- 25, § 4, 
amended. 



Chapter twenty-five of the General Laws is hereby 
amended by striking out section four, as appearing in the 
Tercentenary Edition, and inserting in place thereof the fol- 
Certain powers lowing: — SectioTi 4- The chairmau shall havc and cxercise 
thechiiman supervisiou and control over all the affau-s of the com- 
si^ners""^''" Hiission. He shall preside at all hearings at which he is 
present, and shall designate a commissioner to act as chair- 
man in his absence. He shall not, except as is otherwise 
provided herein, be charged with any administrative func- 
tions. In order to promote efficiency in administration he 
shall from time to time make such division or redivision of 
the work of the department among the commissioners as 
he deems expedient. All of the commissioners shall, if so 
directed by the chairman, participate in the hearing and 
decision of any matter coming before the commission. In 
the hearing of all matters other than those of formal or 
administrative character coming before the commission, one 
or more commissioners shall participate and in the decision 
of all such matters at least three commissioners shall par- 
ticipate; provided that any such matter may be heard, 
examined and investigated by an employee of the depart- 
ment designated and assigned thereto by the chairman, 
with the concurrence of at least three commissioners. Such 
employee shall make a report in writing relative to every 
such matter to the commission for its decision thereon. 
For the purposes of hearing, examining and investigating 
any such matter such employee shall have all of the powers 
conferred upon a commissioner by section five A, and all 
pertinent provisions of said section shall apply to such 
proceedings. In every such case the concurrence of a ma- 
jority of the commissioners participating in the decision shall 
be necessary therefor. Approved April I4, 1938. 



Acts, 1938. — Chaps. 222, 223, 224. 179 



An Act establishing the office of third assistant Chav. 222 

CLERK of the DISTRICT COURT OF EAST NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter two hundred and EJ^Jfg'' 
eighteen of the General Laws, as most recently amended § ib.'etc' 
by section one of chapter one hundred and ninety-three of '''"'^" 
the acts of nineteen hundred and thirty-eight, is hereby 
further amended by striking out the last paragraph and 
inserting in place thereof the following : — 

Third assistant clerks with salaries payable by the county Third assistant 
may be appointed in the municipal court of the Roxbury *'''^''''*- 
district and, subject to the approval of the county commis- 
sioners, in the first district court of eastern Middlesex, the 
third district court of eastern Middlesex and the district 
court of East Norfolk. 

Section 2. This act shall take full effect upon its accept- Acceptance. 
ance during the current year by vote of the county com- 
missioners of Norfolk county. Approved April 14, 1938. 

An Act authorizing the nichols junior college to (jj^dy 223 

CONFER the degree OF ASSOCIATE IN BUSINESS ADMIN- ^' 

ISTRATION. 

Be it enacted, etc., asfolloivs: 

Nichols Junior College, a corporation incorporated under 
general law on January twenty-fifth, nineteen hundred and 
thirty-two, under the name of Nichols Inc., and whose 
name was changed to its present one by chapter sixty-two 
of the acts of nineteen hundred and thirty-three, is hereby 
authorized and empowered to grant to students properly 
accredited and recommended bj'' its faculty, upon comple- 
tion of the two year course in said junior college, the degree 
of associate in business administration. 

Approved April 14, 1938. 

An Act to incorporate the Worcester junior college Chav. 224: 

AND AUTHORIZING IT TO GRANT CERTAIN DEGREES. 

Be it enacted, etc., as follows: 

Section 1. Frederick E. Barth, George F. Booth, Carl 
R. Brownell, Dr. William A. Bryan, Donald W. Campbell, 
Chester F. Caswell, Harry C. Coley, F. Harold Daniels, 
Winthrop G. Hall, Frank C. Harrington, John W. Higgins, 
Dr. David G. Ljungberg, Hervey A. MacVicar, Paul B. 
Morgan, PhiHp M. Morgan, Alfred E. Rankin, Harry G. 
Stoddard, Robert W. Stoddard, Warren A. Whitney, Walter 
W. Webster, Hamilton B. Wood, and their successors, are 
hereby constituted a body corporate, by the name of the 
Worcester Junior College, for the purposes hereinafter 
named. Said corporation shall consist of twenty-one mem- 



180 Acts, 1938. — Chap. 225. 

bers only, who shall be called trustees, and who shall have 
power to fill vacancies within itself. 

Section 2. The purposes of said corporation shall be 
to furnish instruction in mechanical, electrical, chemical 
and civil engineering fields, in liberal arts and sciences, 
and in secondary school work. For the accomplishment of 
these purposes, the trustees of said corporation may appoint 
such teachers and lecturers, as well as administrative per- 
sonnel, and adopt such form of organization, by-laws, regu- 
lations and methods of administration, as they may from 
time to time deem advisable. 

Section 3. The courses of instruction furnished by said 
corporation shall occupy not less than four years of evening 
study or two years of full-time day study, and to students 
properly accredited and recommended by a majority of the 
faculty of the Engineering School of the corporation it may 
grant the degree of associate in engineering, and to students 
properly accredited and recommended by a majority of the 
faculty of the School of Liberal Arts of the corporation it 
may grant the degree of associate in liberal arts. 

Section 4. For the purposes hereinbefore set forth, said 
corporation is hereby empowered to acquire by purchase, 
gift, lease, devise or otherwise real and personal property of 
every description, not to exceed one million dollars in value, 
and to hold, manage and dispose of the same as may be 
decided upon by the trustees, and in accordance with the 
terms of any trust set forth in any bequest, devise, deed or 
other conveyance of such property. 

Approved April 21, 1938. 



Chap. 225 An Act to provide that no insurance agent shall be 

CHARGED WITH A DECREASE OR DEDUCTION FROM HIS COM- 
MISSION OR SALARY ON INDUSTRIAL LIFE INSURANCE POLI- 
CIES LAPSED AFTER BEING PAID ON FOR THREE YEARS. 

Be it enacted, etc., as follows: 

Edt'irr" Chapter one hundred and seventy-five of the General 

new section Laws is hereby amended b}'' inserting after section one hun- 

164A, added. ^^^^ ^^^ sixty-four, as appearing in the Tercentenary Edi- 

Deerease of tiou, the followiug uew scctiou: — Sectiou I64A. If a poHcy 

commissions ^ . ^ , • ^ Tr • l-l • 1 1 

of agents of industrial life insurance upon which premiums have been 

cImkJ*c^ses paid for three years or more is surrendered to the company 
for a cash surrender value or paid up insurance or extended 
term insurance or lapses for non-payment of premiums, the 
agent shall not be charged with a decrease for said premium 
and no deduction shall be made from his commission or 
salary. Approved April 21, 1938. 



Acts, 1938. -^ Chaps. 226, 227, 228. 181 



An Act relative to the compensation of certain per- Qfidj) 226 
SONS designated to examine alleged insane pris- 
oners. 

Be it enacted, etc., as follows: 

Section one hundred and two of chapter one hundred and Sj^}"^*""- 
twenty-three of the General Laws, as most recently amended § 102, etc., 
by chapter fifteen of the acts of nineteen hundred and thirtj'- '""ended. 
four, is hereby further amended by adding at the end the 
following new paragraph : — 

The person who makes such examination of a prisoner Compensation 
hereunder shall, if he is not a salaried officer of the depart- !.'?'":^L^J?^'"**'°" 

cine 1 insane. 

ment, receive four dollars for each examination and twenty 
cents for each mile travelled one way which shall be paid 
from the annual appropriation of the institution in which 
the prisoner is examined. Approved April 21, 1938. 

An Act authorizing the town of agawam to pay an rhnr. 227 
annuity to the respective widows of rocco cascella ^' 

and CLARK B. JONES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging its moral obli- 
gation in the premises, the town of Agawam may pay an 
annuity of not more than six hundred dollars to Catherine 
Cascella and to Mary J. Jones, widows of Rocco Cascella 
and Clark B. Jones, respectively, who were killed in the 
year nineteen hundred and thirty-seven while in the per- 
formance of their duty as officials of said town. Said an- 
nuities shall be paid in monthly instalments, but no pay- 
ment shall be made hereunder to either such widow after 
her remarriage. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of the town of Agawam 
voting thereon at a town meeting called for the purpose 
within two years after its passage. 

Approved April 21, 1938. 



An Act authorizing the town of hull to pension david 

R. SHAW. 

Be it enacted, etc., as follows: 

Section 1. The town of Hull may retire David R. Shaw, 
who served the town faithfully for over twenty 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 the compensation received by 
him at the time of his retirement. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of said town 
voting thereon at a special town meeting called for the pur- 
pose in the current year. Approved April 21, 1938. 



Chap. 22s 



182 Acts, 1938. — Chaps. 229, 230, 231, 232. 



Chap. 22^ An Act authorizing the boston conservatory of music 

TO CONFER THE DEGREE OF BACHELOR OF MUSIC 

Be it enacted, etc., as follows: 

Boston Conservatory of Music, a corporation organized 
under general law in nineteen hundred and twenty-seven, is 
hereby authorized to grant the degree of bachelor of music 
to students properly accredited and recognized by a majority 
of its trustees and faculty. Approved April 21, 1938. 

Chap.230 An Act authorizing the department of agriculture to 

OFFER PRIZES FOR AND TO CONDUCT EXHIBITS OF DAIRY 
GOATS. 

Be it enacted, etc., as follows: 

Ed^'m'^" Paragraph (/) of section two of chapter one hundred and 

§ 2, etc., ' twenty-eight of the General Laws, as amended by section 
amended. ^^^ ^^ cliaptcr four huudrcd and fifteen of the acts of nine- 

teen hundred and thirty-seven, is hereby further amended 
by inserting after the word "hares" in the fourth line the 
words: — , dairy goats, — so as to read as follows: — 
Txhibiw ^^ ^ Offer prizes for and conduct exhibits of flowers, fruit, 

dairy goats. Vegetables, grasses, grains or other farm crops, dair)'- prod- 
ucts, honey, horses, cattle, sheep, swine, poultrj^, poultry 
products, rabbits, hares, dairy goats, farm operations, and 
canned and dried fruits and vegetables, and offer prizes for, 
and in aid of, the elimination and suppression of insect 
pests. Approved April 21, 1938. 

Chap. 231 An Act authorizing the city of Cambridge to increase 

THE RETIREMENT ALLOWANCE OF GEORGE R. MCGINNIS. 

Be it enacted, etc., as follows: 

The retirement allowance payable by the city of Cam- 
bridge to George R. McGinnis, retired on October twelfth, 
nineteen hundred and thirty-six under chapter four hundred 
and fifty-three of the acts of nineteen hundred and thirty- 
one, may be increased to an amount equal to one half the 
annual regular compensation paid to him at the time of his 
retirement, any provision of said chapter four hundred and 
fifty-three to the contrary notwithstanding. 

Approved April 21, 1938. 

Chap.232 An Act to provide for furnishing without charge 
COPIES of records relating to soldiers, sailors and 

MARINES IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter two hundred and sixty-two of the General Laws 



G. L. (Ter. 
Ed.), 262, 



new section is hereby amended by inserting after section forty-six, as 
46A, added. appearing in the Tercentenary Edition, the following new 



Certain 



records to scctiou : — Scction If-GA. No fee for a copy of any record 



Acts, 1938. — Chaps. 233, 234. 183 

relating to the birth, death, marriage, adoption or change be furnished 
of name of any soldier, sailor or marine who served in the ""* °"* 
army, navy or marine corps of the United States in time of 
war or insurrection and received an honorable discharge 
therefrom or release from active duty therein, shall be de- 
manded or received by any ofhcer of the commonwealth or 
of any county, city or town, who has charge of such record, 
from any such soldier, sailor or marine, or from his widow, 
dependents or legal representatives; provided, that such 
copy is for use in relation to a claim against the United 
States. Approved April 21, 1938. 



An Act authorizing the town of carver to borrow 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling and recon- 
structing the Center School building and the North School 
House, the town of Carver 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, ten thousand dollars, and may issue bonds or notes 
of the town therefor, which shall bear on their face the 
words. Carver School Loan, Act of 1938. Each authorized 
issue shall constitute a separate loan, and such loans shall 
be paid in not more than ten years from their dates. In- 
debtedness incurred under this act shall be within the statu- 
tory limit and be subject to chapter forty-four of the Gen- 
eral Laws, including the limitation contained in the first 
paragraph of section seven thereof. 

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

Approved April 21, 1938. 

An Act authorizing the city of fall river to tempo- 
rarily reinstate JAMES H. o'CONNELL AS A FIREMAN 
FOR THE SOLE PURPOSE OF BEING RETIRED. 

Be it enacted, etc., as follows: 

James H. O'Connell, who was employed for over nine- 
teen years as a policeman and as a fireman in the city of 
Fall River and who became separated from the classified 
civil service on or about October fifteenth, nineteen hundred 
and thirty-two, by reason of inability to work on account 
of disability arising out of and in the course of his employ- 
ment, shall be reinstated by said city in its fire department 
without further examination, but for the sole purpose of 
being retired. 

Upon his retirement as aforesaid there shall be paid to 
him a pension at a rate equal to one half the rate of annual 
compensation received by him at the time of his separa- 
tion from the classified civil service. 

Approved April 21, 1938. 



C/iap.233 



Chav.2M 



184 Acts, 1938. — Chap. 235. 



Chap.235 -^^ ^^'^ providing for the funding of overlay deficits 

AND OTHER ITEMS BY THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston, for the purposes specified 
in section two of this act, may issue from time to time bonds 
or notes to an amount not exceeding, in the aggregate, nine 
milhon dollars; provided, that indebtedness incurred under 
authority of this section in excess of seven million dollars 
shall be subject to the approval of the board established 
under section one of chapter forty-nine of the acts of nine- 
teen hundred and thirty-three; and provided, further, that 
no such indebtedness in excess of seven million dollars shall 
be approved by said board unless the proceeds of such bonds 
or notes so issued to an amount of seven million dollars shall 
be inadequate for the purposes specified in section two; 
and provided, further, that no bonds or notes authorized 
by this section shall be issued later than the thirty-first day 
of December, nineteen hundred and forty. Such bonds or 
notes shall bear on their face the words, City of Boston 
Funding Loan, Acts of 1938. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than fifteen years from their dates. Indebtedness 
incurred under this section shall, except as herein provided, 
be subject to the provisions, apphcable to the city of Boston, 
of chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. The said city may issue temporary notes of the 
city, payable in not more than one year from their dates, 
in anticipation of the issue of serial bonds or notes author- 
ized by this section, but the time within which such serial 
bonds or notes shall become due and payable shall not, by 
reason of such temporary notes, be extended beyond the 
time fixed by this section. All notes issued in anticipation 
of the issue of said serial bonds or notes shall be paid from 
the proceeds thereof. 

Section 2. The amounts borrowed under authority of 
section one shall be used for meeting so much of the deficits 
resulting from the satisfaction of abatements on account of 
tax assessments in each of the years nineteen hundred and 
twenty-nine to nineteen hundred and thirty-seven, inclusive, 
heretofore granted, and for the satisfaction of abatements 
on account of tax assessments in each of such years here- 
after granted, in excess of the overlay or overlays of such 
years, and for meeting such other deficits existing as of 
December thirty-first, nineteen hundred and thirty-seven, 
as by law are not required to be included in the amounts to 
be assessed in the year nineteen hundred and thirty-eight. 

Section 3. The auditor of the said city shall set up a 
separate account of the proceeds of all loans issued under 
authority of section one. Charges shall be made against such 



Acts, 1938. — Chap. 236. 185 

account only for the purposes authorized in section two, and 
then only with the approval of the mayor. 

Section 4. The assessors of the city of Boston, for the 
purpose of avoiding fractional divisions of the amount to « 

be assessed in the apportionment thereof and providing for 
abatements granted on account of taxes assessed, shall add 
to the amount to be assessed, in each of the years nineteen 
hundred and thirty-eight to nineteen hundred and forty-two, 
inclusive, four per cent thereof, and in each year thereafter, 
until all loans issued under authority of section one are paid, 
three per cent thereof; provided, that should the amounts 
authorized to be borrowed under section one be inadequate 
for the purposes specified in section two, or should the amount 
which said assessors are authorized, under this section, to 
add to the amount to be assessed be inadequate, in any year, 
for the purposes specified in this section, the said assessors 
shall add to the amount to be assessed in the following year 
such additional amount as may be required to fully meet 
all of such purposes. 

Section 5. From and after the effective date of this act 
and until all loans issued under authority of section one are 
paid, the proceeds of all loans made by said city under 
said chapter forty-nine of the acts of nineteen hundred and 
thirt3''-three, as amended, shall be used for no purpose other 
than to meet notes issued by said city in anticipation of 
revenue. 

Section 6. Bonds or notes issued under authority of 
section one shall, in faA^or of bona fide holders, be conclu- 
sively presumed to have been duly and regularly authorized 
and issued in accordance with the provisions contained in 
this act; and no holder thereof shall be obliged to see to the 
existence of the purpose of that issue, or to the regularity 
of any of the proceedings, or to the application of the 
proceeds. 

Section 7. Loan orders passed under authority 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 the charter of said city. 

Section 8. This act shall take effect upon its passage. 

Approved April 26, 1938. 



An Act relative to nomination papers for elective 
municipal offices in the city of holyoke. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter six hundred and 
eight of the acts of nineteen hundred and thirteen is hereby 
amended by striking out the first paragraph and inserting 
in place thereof the following : — 

Any registered voter in the city may be nominated for 
any municipal elective office, and his name as such candi- 
date shall be printed on the official ballot to be used at the 



C/iap.236 



186 Acts, 1938. — Chap. 237. 

municipal election; provided, that at or before five o'clock 
in the afternoon of the fifth Tuesday prior to the election, 
nomination papers prepared and issued by the city clerk 
and signed by at least one hundred and fifty registered 
voters of the city qualified to vote for such candidate at said 
election, shall be submitted to the board of registrars of 
voters, and the signatures on the same to the number 
required to make a nomination are subsequently certified 
by said registrars as hereinafter provided, except that the 
number of signatures necessary to nominate a candidate 
for alderman by wards and for school committee by wards 
shall be fifty. Nomination papers shall be in substantially 
the following form : — 

Section 2. Section five of said chapter six hundred and 
eight, as most recently amended by section two of chapter 
sixty-one of the Special Acts of nineteen hundred and nine- 
teen, is hereby further amended by striking out, in the 
thirteenth and sixteenth lines, the word "second" and in- 
serting in place thereof, in each instance, the word : — third, 
— so as to read as follows : — Section 5. After the said 
nomination papers have been submitted, the board of regis- 
trars of voters shall certify thereon the number of signa- 
tures which are the names of registered voters in the city 
qualified to sign the same. They need not certify a greater 
number of names than is required to make a nomination, 
with one fifth of such number added thereto. All such 
papers found not to contain a number of names so certified 
equivalent to the number required to make a nomination 
shall be invalid, and such papers shall be preserved by the 
board of registrars of voters for one year. The board of 
registrars of voters shall complete their certification on or 
before five o'clock in the afternoon on the third Tuesday 
preceding the city election, and said board, or some member 
thereof, shall file with the city clerk on or before five o'clock 
in the afternoon on the third Wednesday preceding the 
city election all papers submitted and certified to by them, 
with the exception of papers found to be invalid. The cer- 
tification shall not preclude any voter from filing objections 
as to the validity of the nomination. 

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

Approved April 26, 1938. 

Chap. 237 An Act prohibiting the evasion of the minimum fair 

WAGE FOR WOMEN AND MINORS LAW. 

^rTambiT"^ ^^^^''^^^' '^^^^ 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: 

EdViTr' Section nineteen of chapter one hundred and fifty-one of 

§19,' etc.,' the General Laws, as appearing in section one of chapter 

amended. 



Acts, 1938. — Chap. 238. 187 

four hundred and one of the acts of nineteen hundred and 
thirty-seven, is hereby amended by adding at the end the 
following new paragraph : — 

(4) No person shall, for the purpose of evading this chap- Penalty for 
ter, establish any arrangement or organization in his busi- nihdnium 
ness, by contract, lease or agreement, whether written or fair wage law. 
oral, whereby a woman or minor who would otherwise be 
an employee of such person does not have the status of such 
an employee. If the commissioner is of the opinion that any 
person has established an arrangement or organization in 
violation of this paragraph, after a public hearing, due notice 
whereof shall have been given, and at which a reasonable 
opportunity to be heard has been afforded to such person, 
he may order such person to cease and desist from such vio- 
lation; and such an order shall be subject to review under 
section fourteen in the same manner and to the same extent 
as any decision of the commissioner under this chapter. 
Any person so ordered to cease and desist who fails to comply 
therewith for thirty days after such order has been served 
upon him shall be punished by a fine of not less than one 
hundred dollars or by imprisonment for not less than ten 
nor more than ninety days, or by both such fine and im- 
prisonment. Approved April 26, 1938. 



An Act relative to the sale of alcoholic beverages QJkij) 238 
represented by certain warehouse receipts by re- 
tail dealers in such beverages. 

Be it enacted, etc., as follows: 

Section twenty-three of chapter one hundred and thirty- g. l. { Xer. 
eight of the General Laws, as amended, is hereby further f23'it^c^," 
amended by striking out the fourth paragraph, as appearing amended.' 
in section sixteen of chapter three hundred and eighty-five 
of the acts of nineteen hundred and thirty-four, and insert- 
ing in place thereof the following : — 

No license issued under section twelve, fourteen or fifteen warehouse 
shall authorize the sale of any alcoholic beverages other than reprSenting 
those purchased from a licensee under section eighteen or alcoholic 
nineteen or from a holder of a special permit to sell issued sailTf.^*'^' 
under section twenty-two A; provided, that the holder of 
a license under section twelve or fifteen may sell alcoholic 
beverages acquired as the result of the purchase of a ware- 
house receipt for such beverages if the said receipt was pur- 
chased from the holder of a license under section eighteen or 
nineteen, or from a broker registered under chapter one 
hundred and ten A who is authorized thereunder to deal in 
warehouse receipts for alcoholic beverages; and provided, 
further, that nothing contained in this section shall be con- 
strued to authorize a licensee under section twelve or fifteen 
to import alcoholic beverages into this commonwealth ex- 
cept through the holder of a license issued under section 
eighteen. Approved April 26, 1938. 



188 



Acts, 1938. — Chaps. 239, 240. 



G. L. (Ter. 
Ed.), 171, 
new section 
19A, added. 

Contingent 
funds, etc. 



Chap.2S9 An Act REiiATivE to the liability of certain endorsers 
UPON notes held by credit unions and authorizing 

THE establishment OF CONTINGENT FUNDS BY CREDIT 
UNIONS. 

Be it eyiacted, etc., as follows: 

Chapter one hundred and seventy-one of the General 
Laws is hereby amended by inserting after section nineteen, 
as appearing in the Tercentenary Edition, the following new 
section: — Section 19 A. The by-laws of a credit union may 
pro\4de that upon the death of a borrower by means of a 
personal loan upon his note, with an endorser or endorsers, 
but otherwise unsecured, the liability of any endorser shall 
cease with respect to the unpaid balance of such loan and 
any loss thereon may be charged to a contingent fund, which 
fund shall be created and thereafter maintained by such 
credit union by contributions from undivided earnings, cur- 
rent earnings or from the borrowers, as determined by the 
board of directors; provided, that the operation of such a 
provision of the by-laws shall not, in any calendar year, 
result in charges to the contingent fund in excess of ten per 
cent of the guaranty fund in addition to the unexpended 
balance of contributions by borrowers. Each charge to the 
contingent fund shall be reported within ten days thereafter 
to the commissioner, who may make such order regarding 
the operation of the contingent fund as he may deem advis- 
able. Approved April 26, 1938. 



Chap. 2^0 An Act annexing the town of dana and certain por- 
tions OF THE TOWNS OF PRESCOTT AND GREENWICH TO 
the TOWN OF PETERSHAM. 



Emergency 
preamble. 



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

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter three hundred and 
twenty-one of the acts of nineteen hundred and twenty- 
seven is hereby amended by inserting before the word 
"Enfield" in the fortieth line the word: — Dana, — so that 
the paragraph contained in the thirty-fifth to the fortj^-fourth 
lines, inclusive, will read as follows: — 

Any public ways or portions thereof within the area taken 
in fee by the commission shall, until such time as they may 
be discontinued as provided in this section, continue to be 
maintained as highways with the same rights and duties of 
counties, towns and other parties as before such taking, ex- 
cept that such public ways in the towns of Dana, Enfield, 
Greenwich and Prescott shall, after the annexation of said 
towns, as hereinafter provided, be maintained by the com- 



Acts, 1938. — Chap. 240. 189 

mission to the extent and in the manner provided in section 
seventeen of this act. 

Section 2. Section eleven of said chapter three hundred 
and twenty-one is hereby amended by inserting after the 
word "of" in the forty-first Une the word: — Dana, — so 
that the paragraph contained in the fortj^-first to the forty- 
seventh Hnes, inclusive, will read as follows : — 

No town within which are included the areas of Dana, 
Enfield, Greenwich or Prescott taken in fee for reservoir pur- 
poses or for reservoir protection shall be required after the 
completion of the reservoir to bear any costs of or expenses 
for schools, policing or fire, gypsy moth or other insect pest 
protection within said reservoir areas described in this para- 
graph. 

Section 3. Section thirteen of said chapter three hun- 
dred and twenty-one is hereby amended by striking out the 
first paragraph and clauses (a) and (b) thereunder and in- 
serting in place thereof the following : — 

Upon the expiration of thirty days from the recording of 
an order of taking as provided by section four of this act 
by which taking, together with previous purchases or takings 
as provided by said section four, of land in the towns of 
Dana, Enfield, Greenwich and Prescott, the whole or a 
substantial part of said towns is taken, and after notice 
thereof to the towns to be affected by annexation as herein- 
after described in this section, the territory within the towns 
of Dana, Enfield, Greenwich and Prescott shall be annexed 
to other towns and to counties as follows : — 

(a) There shall be annexed to the town of New Salem, 
and thereby to Franklin county, those portions of the towns 
of Prescott, Greenwich and Enfield, being portions of 
Hampshire county, bounded as follows: beginning at the 
intersection of the boundary lines of the towns of New 
Salem, Prescott and Shutesbury and following the existing 
channel of the west branch of the Swift river in a general 
southerly direction to its confluence with the Swift river; 
thence following the existing channel of the Swift river and 
its middle branch in a general northeasterly direction to 
the point where it is crossed by the boundary line between 
the towns of Prescott and Dana; thence following the 
boundary line between the towns of Prescott and Dana in a 
general northerly direction to its intersection with the 
boundary line of the town of New Salem; thence following 
the boundary line between the towns of New Salem and 
Prescott in a general westerly direction to the point of 
beginning. 

(6) There shall be annexed to the town of Petersham all 
of the town of Dana, both of said towns being in Worcester 
county, and there shall also be annexed to the town of 
Petersham, and thereby to Worcester county, those portions 
of the towns of Prescott and Greenwich, being portions of 
Hampshire county, bounded as follows: beginning at the 
point where the middle branch of the Swift river crosses the 



190 Acts, 1938. —Chap. 240. 

boundary line between the towns of Dana and Prescott and 
following the existing channel of said middle branch in a 
general southerly direction to its confluence with the east 
branch of said river; thence following the existing channel 
of said east branch in a general northeasterly direction to 
the boundary line between the towns of Greenwich and 
Hardwick; thence following the boundary hne between the 
towns of Greenwich and Hardwick in a general northeasterly 
direction to its intersection with the boundary line of the 
town of Dana; thence following the boundary line between 
the towns of Dana and Greenwich in a general northerly 
direction to its intersection with the boundary line of the 
town of Prescott; thence following the boundary line be- 
tween the towns of Dana and Prescott in a general northerly 
direction to the point of beginning. 

Section 4. Said chapter three hundred and twenty-one 
is hereby further amended by inserting after section thir- 
teen the following new section: — Section ISA. The towns 
of Petersham and New Salem shall each have the right to 
enter and remove, without cost, gravel in such amount as 
may be necessary for its municipal purposes from lands 
annexed to them respectively under this act, and the met- 
ropolitan district water supply commission and its successors 
shall, upon written request of the selectmen of either of such 
towns, designate from which areas of such lands gravel may 
be so removed. 

Section 5. Said chapter three hundred and twenty-one 
is hereby further amended by striking out section fourteen 
and inserting in place thereof the following: — Section I4. 
All of the property belonging to the towns of Dana, Enfield, 
Greenwich and Prescott shall, upon the annexation of said 
towns to other towns by authority of this act, vest in and 
become the property of the commonwealth for the benefit 
of the metropolitan water district, and the commonwealth 
shall succeed to all the rights, claims and causes of action 
of each of said named towns, and shall assume and be liable 
for all the debts, obligations, trusts, duties and liabilities of 
each of said towns. All actions and causes of actions by or 
against the said towns of Dana, Enfield, Greenwich and 
Prescott pending or accrued, when such annexation takes 
effect, shall survive, and msiy be prosecuted to final judg- 
ment and execution by or against the commonwealth. All 
books, papers, monies and other property in the possession 
of the treasurer of each of these four towns or of any town 
officer thereof shall be turned over to the commission at the 
time of said annexation, and the commission shall wind up 
and liquidate the affairs of each such town as speedily as 
possible. Upon the final liquidation of the affairs of the 
towns of Dana, Enfield, Greenwich and Prescott, the com- 
mission shall turn over the records of permanent value of 
the towns of Dana and Enfield to the town of Petersham, 
and of the towns of Greenwich and Prescott to the towns of 



Acts, 1938. — Chap. 240. 191 

Belchertown and New Salem, respectively, and said records 
shall be preserved with the records of the town to which 
they have been so turned over. 

Upon such annexation the division of accounts of the 
department of corporations and taxation shall audit the 
books and accounts of the collector of taxes of each of the 
towns of Dana, Enfield, Greenwich and Prescott, and all 
taxes assessed for the year of such annexation and remain- 
ing uncollected, except taxes assessed upon property ac- 
quired by the commission under the second paragraph of 
section four of this act, to persons residing or property lo- 
cated within the territory annexed to another town shall be, 
by the assessors of the town in which such taxes were as- 
sessed, committed to the collector of taxes of the town to 
which such territory is by the provisions of this act annexed. 
It shall be the duty of any collector of taxes to whom any 
such taxes are committed to complete the collection of such 
taxes with legal interest and costs and pay over the same 
to the treasurer of the town for which he is the collector. 

Upon the annexation to other towns of the territory 
within the towns of Dana, Enfield, Greenwich and Prescott 
as set forth in this act, the commission or the metropolitan 
district commission shall yearly in the month of November 
reimburse each of said other towns for all money paid out 
or expenses incurred under the laws of the commonwealth 
for the year preceding in the relief or aid of persons whose 
settlement was gained in whole or in part whether by origi- 
nal acquisition or derivation within the territory annexed 
to such other town prior to the date of such annexation. 

Section 6. Section fifteen of said chapter three hundred 
and twenty-one is hereby amended by inserting before the 
word "Enfield" in the thirteenth line the word: — Dana, 
— so as to read as follows: — Section 15. Annexation un- 
der this act shall constitute the annexed territory part of the 
town and the county to which it is annexed with respect to 
the jurisdiction of the courts, as well as for all other pur- 
poses. All suits, proceedings, complaints and prosecutions, 
and all matters of probate, which shall be pending at the 
time of such annexation before any court or trial justice, or 
such matters as may be incident thereto, may however be 
heard and determined and prosecuted to final judgment and 
execution before such court or justice as if said annexation 
had not taken place; but upon such annexation taking 
place, the several courts and trial justices having jurisdic- 
tion over the respective towns to which the territory within 
said towns of Dana, Enfield, Greenwich and Prescott is 
annexed shall have jurisdiction of all civil actions, matters 
of probate and insolvency and criminal prosecutions there- 
after begun, although the cause of action has accrued, or 
crime, offense or misdemeanor has been committed, before 
such annexation, in the same manner and to the same ex- 
tent as if such territory had been annexed prior to the 



192 Acts, 1938. — Chap. 240. 

accrual of the cause of action or the commission of the crime, 
offense or misdemeanor. 

Section 7. Said chapter three hundred and twenty-one 
is hereby further amended by striking out section sixteen 
and inserting in place thereof the following: — Section 16. 
An inhabitant of any territory of the town of Dana, Enfield, 
Greenwich or Prescott, when annexed to another town by 
authority of this act, who remains upon the annexed terri- 
tory, or who removes to a place within the limits of the town 
to which the land upon which he resided has been annexed, as 
such limits existed prior to such annexation, shall have the 
same right to register and to vote in such town, at a state 
primary or election, or at an election of town officers or a 
town meeting, that he would have had if the annexed terri- 
tory had constituted a part of said town for six months 
prior to such primary, election or meeting. 

Section 8. Section seventeen of said chapter three hun- 
dred and twenty-one is hereby amended by inserting before 
the word "Enfield" in the second line the word: — Dana, 
— so as to read as follows: — Section 17. During any in- 
terval between the annexation of said towns of Dana, En- 
field, Greenwich and Prescott and the taking possession of 
the land taken therein by the commission under this act, 
the commission shall maintain the public ways, public 
schools and other public works and public institutions in 
said towns to such extent and in such manner as the com- 
mission may deem necessary for the convenience, comfort 
and welfare of the inhabitants remaining therein. 

Section 9. Said chapter three hundred and twenty-one 
is hereby further amended by striking out section twenty 
and inserting in place thereof the following : — Section 20. 
The provisions of sections six and seven of chapter fifty- 
nine of the General Laws shall be applicable to land acquired 
in fee by the commission under this act for reservoir purposes 
or for the protection of the reservoir except to land within 
the present limits of the towns of Enfield, Greenwich and 
Prescott. On the land in these three named towns acquired 
previous to the date of their annexation, the commission 
shall pay to each said town in which the respective land is 
located until such time as the annexation of said town is 
effected, as provided in section thirteen of this act, a sum 
in lieu of taxes computed and paid as provided in said sec- 
tions six and seven of said chapter fifty-nine, but including 
for this period the buildings and structures thereon. Subse- 
quent to said annexation neither the commission nor the 
metropolitan district commission shall pay any taxes or 
make any payments in lieu of taxes on land or buildings 
within the present limits of the said towns of Dana, En- 
field, Greenwich and Prescott. 

As full compensation for any loss of taxation or any other 
loss caused by the carrying out of the provisions of this act, 
the commission shall pay to the county of Hampshire the 
sum of fifty-five thousand dollars, which sum shall be paid 



Acts, 1938. — Chaps. 241, 242. 193 

at the time of the annexation of the towns of Dana, En- 
field, Greenwich and Prescott to other towns as set forth 
in this act. Approved April 26, 1938. 

An Act requiring the teaching of the Italian lan- Cha'p.24:l 

GUAGE in certain PUBLIC HIGH SCHOOLS IN CERTAIN 

CASES. 

Be it enacted, etc., as follows: 

Chapter seventy-one of the General Laws is hereby g. l. (Ter. 
amended by inserting after section thirteen, as appearing n^^^'gJct'ion 
in the Tercentenary Edition, the following new section: — i3a, added. 
Section ISA. In every public high school having not less Italian lan- 
than one hundred and fifty pupils, the Italian language taught Tn ^ 
shall be taught upon the written request of the parents or gchTOk.^"*'^"' 
guardians of not less than fifteen pupils and the enrolment 
of not less than twenty-five properly qualified pupils, pro- 
vided said request is made, and said enrolment is completed, 
before the preceding August first. 

Approved April 26, 1938. 

An Act relative to the powers of portia law school. (Jfidj) 242 

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

Be it enacted, etc., as follows: 

Chapter two hundred and nineteen of the Special Acts of 
nineteen hundred and nineteen is hereby amended by strik- 
ing out section two, as most recently amended by section 
one of chapter two hundred and fifty-four of the acts of 
nineteen hundred and thirty-six, and inserting in place 
thereof the following : — Section 2. The purposes of said 
corporation shall be to furnish a course of not less than 
four years' instruction in law suitable to prepare students 
of the school for the degree of bachelor of laws and also, in 
the discretion of its trustees, to furnish to students who are 
holders of the degree of bachelor of laws from such institu- 
tions 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 degree 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 aforesaid 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, direct- 
ing its income to that end. Approved April 27, 1938. 



194 Acts, 1938. — Chaps. 243, 244. 



C/iaX). 243 ^^ ^^'^ RELATIVE TO THE DISCONTINUANCE OF SERVICE BY 

RAILROADS. 

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 preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter one hundred and fifty-nine of the General Laws 

newser'tion is hereby amended by inserting after section sixteen, as 
16A, added. appearing in the Tercentenary Edition, the following new 
Discon- section: — Section 16 A. The department before authoriz- 

raliJoad^ ° ing any railroad to discontinue or abandon any of its lines, 
service. statious Or Other service, may consider, in addition to other 

facts, the revenues of said railroad from all sources. 

Approved April 27, 1938. 



Chap. 24:4 An Act relative to the insurance of shares in co- 
operative BANKS AND EXTENDING THE DURATION OF 
THE co-operative CENTRAL BANK. 

prTambi"^^ Whcreos, 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 one of chapter forty-five of the acts 
of nineteen hundred and thirty-two, as amended by chap- 
ter eightj^-two of the acts of nineteen hundred and thirty- 
five, is hereby further amended by striking out, in the 
sixth line, the word "ten" and inserting in place thereof 
the word : — twenty-five, — so that the first paragraph will 
read as follows : — All the co-operative banks now estab- 
lished under the laws of the commonwealth and subject to 
the provisions of chapter one hundred and seventy of the 
General Laws, hereinafter referred to as member banks, are 
hereby constituted a corporation for the term of twenty- 
five years, under the name of The Co-operative Central 
Bank, hereinafter referred to as the central bank, and every 
co-operative bank hereafter so established during said term 
shall thereupon become a member bank thereof. It shall 
be the purpose of the central bank to promote the elasticity 
and flexibility of the resources of the co-operative banks of 
the commonwealth by centralizing their reserve funds. 

Section 2. Chapter seventy-three of the acts of nine- 
teen hundred and thirty-four is hereby amended by striking 
out section one and inserting in place thereof the following: 
— Section 1. The Co-operative Central Bank, established 
by chapter forty-five of the acts of nineteen hundred and 
thirty-two, hereinafter referred to as the corporation, shall 
in the manner herein provided establish a fund for the in- 



Acts, 1938. — Chap. 244. 195 

surance of shares in co-operative banks established under 
the laws of the commonwealth, hereinafter referred to as 
member banks. For such purpose, in addition to the as- 
sessments hereinafter provided for, the directors of the 
corporation may, by assessments made from time to time 
upon the member banks in the same proportion for each, 
require each member bank to pay over in cash to the cor- 
poration a total of not more than one per cent of the share 
liabilities of such member bank as shown by its last pre- 
ceding annual report to the commissioner of banks, herein- 
after referred to as the commissioner. An assessment under 
this section of one quarter of one per cent of such share 
liabilities shall be made within ten days after the effective 
date of this act, said assessment to be paid by each member 
bank from the proceeds of the amount of its deposit with the 
corporation made under section six of said chapter forty- 
five, reduced by any amounts withdrawn therefrom by such 
member bank or payments made to it by the corporation 
under said chapter forty-five, so far as the amount of said 
deposit so reduced may be adequate, and other assessments 
shall be made from time to time thereafter at the direction 
of the commissioner; provided, that the total of all assess- 
ments hereinbefore authorized shall not exceed such au- 
thorized total; and provided, further, that no such assess- 
ments shall be made after July first, nineteen hundred and 
thirty-eight. At any time after July first, nineteen hundred 
and forty, and thereafter from time to time, the directors 
of the corporation, at the direction of the commissioner if 
he deems such action necessary in order to give effect to the 
purposes of this act, shall require each member bank to pay 
over to the corporation in cash, in full or in such install- 
ments as the commissioner may direct, assessments of one 
fifth of one per cent of the share liabilities of such member 
bank as shown by its last preceding annual report to the 
commissioner; pro\ided, that not more than a total of five 
such assessments shall be made; and provided, further, 
that not more than one of such assessments shall be made 
in any one year period. On July first, nineteen hundred and 
thirty-eight, and on July first of each year thereafter while 
a member bank, such bank shall pay to the corporation an 
annual assessment equal to one twelfth of one per cent of 
its share liabilities and creditor obligations as shown by its 
last preceding annual report to the commissioner. The 
provisions of sections six and ten of said chapter forty-five 
shall apply to the assessments authorized by this section. 
All assessments under this section shall be held as a fund to 
be known as the Share Insurance Fund and shall be in addi- 
tion to all other payments to the corporation required under 
said chapter forty-five. When the net fair value of the as- 
sets of said fund, as determined by the corporation and the 
commissioner, shall equal three per cent of the aggregate 
share liabilities of all member banks, the payment of said 
annual assessment shall cease, and if at any time or from 



196 Acts, 1938. — Chap. 244. 

time to time thereafter the net fair value of the assets of 
said fund as so determined shall fall below such three per 
cent, the payment of such annual assessment, as hereinbefore 
provided, shall be resumed and shall be continued until the 
net fair value of such assets as so determined again equals 
such three per cent. The Share Insurance Fund shall be 
invested separately from the other funds of the corporation 
and shall not be liable for the obligations of the corporation 
other than those created by or under this act, as amended. 
Assets of the corporation not held in the Share Insurance 
Fund shall not be liable for any obligations created hereby 
or hereunder. All cost of administering the Share Insurance 
Fund shall be paid therefrom. 

Section 3. Said chapter seventy-three is hereby further 
amended by striking out section three and inserting in place 
thereof the following : — Section 3. The corporation may 
pay dividends to member banks upon the amounts paid in 
by them to the Share Insurance Fund or upon the unex- 
pended portion thereof at such rate and at such times as the 
directors of the corporation may determine. Said fund may 
be invested by the corporation only in such manner as re- 
serves are required to be carried as provided in subsections 
(a), (6), (c), (d) and (e) of section forty-seven of chapter one 
hundred and seventy of the General Laws, as amended. 
The corporation may by vote of its directors borrow money 
for the purposes of the Share Insurance Fund and pledge 
any assets in which such fund is invested as security for such 
loans. In case of the voluntary liquidation of any member 
bank under section twenty-two of chapter one hundred and 
sixty-seven of the General Laws, the corporation shall, if its 
directors are satisfied that such member bank has paid or 
will be able to pay its shareholders in full, return the unex- 
pended portion, as determined by said directors, of all assess- 
ments paid by such member bank into said fund, after de- 
ducting as a charge for insurance of its shares during the 
period from July first, nineteen hundred and thirty-eight, to 
the date of the vote authorizing such liquidation, an amount 
equal to the sum of the annual assessments due and payable 
on July first, nineteen hundred and thirty-eight, and on 
July first of each year thereafter while a member bank as 
provided in section one. In case of the merger or consolida- 
tion of two or more member banks under section fifty of said 
chapter one hundred and seventy, as amended, the unex- 
pended portion of the assessments, other than annual as- 
sessments referred to in section one, paid by such member 
banks into said fund, as determined by the directors of the 
corporation, shall be readjusted on the basis of the assess- 
ment liability of the continuing bank and the excess, if any, 
shall be repaid to it. 

Section 4. Said chapter seventy-three is hereby further 
amended by inserting after section three the following new 
section : — Section 8 A . Whenever it shall appear to the 
commissioner that it is inadvisable or inexpedient for any 



Acts, 1938. — Chap. 244. 197 

member bank to contimie to transact the business for which 
it is organized without receiving financial assistance as pro- 
vided in this section, he may, in his discretion, so notify the 
corporation, and thereupon, if in the judgment of the direc- 
tors of the corporation such action may reduce the risk or 
avert a threatened loss to the corporation, the corporation 
may, with the approval of the commissioner and in order to 
effect the purposes of this act, do any one or more of the 
following: (a) purchase from said member bank the whole 
or any part of, or any equitable or any other interest in, its 
assets at the book value thereof, or at some other value 
mutually agreed upon by the said member bank and said 
directors notwithstanding that either of such values may 
exceed the market value of the assets so purchased and upon 
such terms and conditions as said directors, with the ap- 
proval of the commissioner, may determine; (6) make loans 
to such member bank, secured in whole or in part, in such 
amounts, and upon such terms and conditions as said direc- 
tors, with the approval of the commissioner, may determine; 
(c) pay to such member bank in accordance with an agree- 
ment entered into between such member bank and the cor- 
poration, with the approval of the commissioner, an amount 
not in excess of the difference between the book value of 
certain or all its assets and the fair value thereof as deter- 
mined by said agreement, in consideration for which said 
member bank shall agree to write down such assets to such 
fair value and to pay over to the corporation so much of any 
net proceeds realized from the sale or other disposition of 
each and all such assets as is in excess of such fair value, 
such payment to be made in such amounts, at such times 
and upon such terms and conditions as said directors, with 
the approval of the commissioner, may determine. Such 
member bank, by vote of at least two thirds of its directors, 
may take any and all action necessary or advisable to enable 
it and the corporation to carry out this section. 

Section 5. Said chapter seventy-three is hereby further 
amended by inserting after section six the following new 
section : — Section 6 A . With the approval of the commis- 
sioner, and subject to such rules and regulations as he may 
impose, the corporation may appoint conservators or agents 
to assist it in the operation, management, liquidation and 
distribution of the assets of any member bank in its pos- 
session under this act, and wherever practicable such con- 
servators and agents shall be member banks doing business 
in or near the city or town in which such bank in possession 
has its principal place of business. With the approval of 
the commissioner, and subject to such rules and regulations 
as he may impose, the corporation may appoint member 
banks as agents to assist it in the operation, management 
and liquidation of assets purchased or otherwise acquired 
from member banks by the corporation under this act. 
Certificates of appointment of such conservators and agents 
shall be filed in the ofiice of the commissioner. Notwith- 



198 



Acts, 1938. — Chap. 244. 



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



Amount to be 
retained by 
The Co- 
operative Cen- 
tral Bank. 



Termination 
of membership 
of member 
bank. 



standing any other provision of law, all member banks are 
hereby authorized to act as such conservators and agents 
and to exercise the powers and perform the duties contem- 
plated by this section. 

Section 6. Section fifty A of chapter one hundred and 
seventy of the General Laws, as amended by section two of 
chapter one hundred and sixty-two of the acts of the current 
year, is hereby further amended by striking out the second 
and third paragraphs, as appearing in chapter two hundred 
and fifteen of the acts of nineteen hundred and thirty- 
five, and inserting in place thereof the two following para- 
graphs : — 

An amount equal to the annual assessments due and pay- 
able by the corporation on July first, nineteen hundred and 
thirty-eight, and on July first of each year thereafter while 
a member bank, as provided in section one of chapter 
seventy-three of the acts of nineteen hundred and thirty- 
four, as amended, shall be retained by The Co-operative 
Central Bank, hereinafter called the bank, as a charge for 
insurance of the shares of the corporation while a member 
bank; and all other assessments made by the bank, in 
accordance with said chapter seventy-three, as amended, 
upon the corporation shall continue to be held by said bank 
until all losses and all liquidating expenses of all corpora- 
tions being Hquidated at the time that such corporation 
ceased to be a member bank shall have been paid, where- 
upon said converted corporation shall be entitled to receive 
from said bank the unexpended portions of such other 
assessments, if any there be; provided, that, with respect 
to such other assessments, the bank may, in its discretion 
and subject to the approval of the commissioner, make 
earlier disposition thereof by adjustment pursuant to an 
agreement with the converted corporation and may pay 
thereto such amount as may be so agreed upon. 

Such corporation shall cease to be a member bank, as 
referred to in section one of chapter forty-five of the acts 
of nineteen hundred and thirty-two, as amended, and in 
section one of chapter seventy-three of the acts of nineteen 
hundred and thirty-four, as amended, immediately upon 
compliance with the requirements of the first paragraph of 
this section and the issuance thereto of a charter by the 
appropriate federal supervising authority. Upon receipt by 
the bank of notice from the commissioner that he has been 
notified by the appropriate federal supervising authority 
that conversion has been completed and that a charter has 
been issued, and that he has received from the state secre- 
tary a certificate that the corporation has been duly recorded 
for dissolution, all deposits then remaining in the bank made 
by the corporation in accordance with said chapter forty- 
five, less all outstanding indebtedness due from the con- 
verted corporation to the bank, shall be paid over by the 
bank to the converted corporation. 



Acts, 1938. — Chap. 245. 199 



Section 7. 



Section sixteen of said chapter one hundred Sdi'iTO'^sifi 
and seventy is hereby further amended by striking out the etc!, 'amended.' 
second paragraph, as amended by section two of chapter one 
hundred and ninety-six of the acts of nineteen hundred and 
thirty-six, and inserting in place thereof the following: — 

Such number of shares as may be authorized by a vote shares issued 
similar to that referred to in section forty, may, with the owners'\oan 
consent of the commissioner, be issued to and held by the Corporation. 
Home Owners' Loan Corporation referred to in section forty- 
seven. There shall be no limit to the number of shares that 
may be issued to qualify for a co-operative bank mortgage, 
upon property purchased from the corporation. 

Approved April 27, 1938. 

An Act permitting florist shops to be kept open on Qhav 245 

MEMORIAL DAY. ^' 

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: 

Clause eighteenth of section seven of chapter four of the g. l. (Ter. 
General Laws, as most recently amended by chapter thirt}^- ^tt! 'amended, 
eight of the acts of nineteen hundred and thirty-seven, is 
hereby further amended by inserting after the word "Sun- 
day" in the fourteenth line the following words: — , except 
that on May thirtieth, or on the day following when 
May thirtieth occurs on Sunday, florist shops may be 
kept open all of said day, — so as to read as follows : — 
Eighteenth, "Legal holiday" shall include January first, "Legal ^^ 
February twenty-second, April nineteenth. May thirtieth, July ^"^'^^y-" 
fourth, the first Monday of September, October twelfth, 
November eleventh, Thanksgiving day and Christmas day, 
or the daj^ 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 May thirtieth and No- 
vember 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 May thirtieth or Novem- 
ber eleventh occurs on Sunday, except that on May thir- Florist shops 
tieth, or on the day following when May thirtieth occurs ^Mon^^^* 
on Sunday, florist shops may be kept open all of said day; Memorial 
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 



schools. 



200 Acts, 1938. — Chaps. 246, 247. 

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. 

Approved April 27, 1938. 

Chav. 24iQ An Act making the constitutions of the united states 

AND OF THIS COMMONWEALTH REQUIRED SUBJECTS OF IN- 
STRUCTION in STATE TEACHERS COLLEGES AND MAKING 
THE CONSTITUTION OF THIS COMMONWEALTH A REQUIRED 
SUBJECT OF INSTRUCTION IN PUBLIC HIGH SCHOOLS. 

Be it enacted, etc., as follows: 

G. L. (Ter SECTION 1. Scctiou two of chapter seventy-one of the 

ameAded. ' General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by inserting after the word "States" in 
the second hne the words: — , and in all public high schools 
the constitution of the commonwealth, — so as to read as 
Teaching of follows: — Section2. In all pubhc elementary and high 
oHhe un°t"d schools American history and civics, including the constitu- 
?hrs*common- ^ion of the United States, and in all pubhc high schools the 
wealth in coustltutlon of the commouwcalth, shall be taught as re- 

quired subjects for the purpose of promoting civic service 
and a greater knowledge thereof, and of fitting the pupils, 
morally and intellectually, for the duties of citizenship. 
Ed^'73^'^" Section 2. Chapter seventy-three of the General Laws 

new section is hereby amended by inserting after section two, as amended, 
2A, added. the f ollowiug uew sectiou : — Section 2 A. In all state teach- 
cofilges to^'''^^ ers colleges the constitutions of the United States and of 
teach^onsti- ^]^g commouwealth shall be taught as required subjects for 
the purpose of fitting the students, morally and intellectually, 
for the duties of citizenship and of school teaching. 

Approved April 27, 1938. 

Chap. 2^7 An Act authorizing the school of expression to grant 

certain degrees. 

Be it enacted, etc., as follows: 

The trustees of the School of Expression, a Massachu- 
setts corporation, incorporated October third, eighteen hun- 
dred and eighty-eight, under general law, are hereby em- 
powered to confer the degree of bachelor of science of oratory 
upon candidates who complete satisfactorily a four j^ear 
course of resident study prescribed by the trustees of said 
school, and are hereby also empowered to confer the degree 
of master of science of oratory upon candidates who have 
previously received the degree of bachelor of speech arts, 
the degree of bachelor of arts, or the degree of bachelor of 
science from a recognized school, college or university, and 
who complete satisfactorily a two year course of resident 
study prescribed by the trustees of said school. 



Acts, 1938. — Chaps. 248, 249. 201 

Said trustees may also confer the honorary degree of 
doctor of science of oratory on citizens who have attained 
distinction by virtue of their pubHc service and personal 
accomphshment. Approved April 27, 1938. 



C/iap.248 



An Act granting certain additional powers to the 
massachusetts hospital life insurance company. 

Be it enacted, etc., as folloius: 

Section 1. The Massachusetts Hospital Life Insurance 
Company, incorporated by an act passed February twenty- 
fourth, eighteen hundred and eighteen, is hereby authorized, 
in addition to its present authorized forms of investment, to 
invest its capital, surplus, and deposits, and other funds 
held by it, in the same way, to the same extent, and under 
the same restrictions as an individual trustee in this com- 
monwealth may invest trust funds or assets. 

Section 2. The said corporation may, by vote of a 
majority of its directors, adopt one or more forms of decla- 
ration of trust containing provisions for the conduct and 
management of the funds to be held thereunder and for 
the regulation of the reciprocal rights and duties of the 
trustee and beneficiaries, and said corporation may from 
time to time receive money or securities for addition to and 
inclusion in a trust so created. Money and securities so 
received may be held in a common or commingled fund 
which shall be kept separate and distinct from all other 
funds and property held by said corporation for its own use 
or in any other capacity. The said corporation may charge 
commissions not exceeding six per cent on income for the 
care and management of the property held by it in any 
trust created under authority of this act. 

Section 3. The beneficial interest in any trust created 
hereunder shall be expressed in shares, each share repre- 
senting an equal right of participation with every other 
share outstanding in the income and assets held in the 
trust. All shares shall be transferable in such manner as 
the declaration of trust shall provide, and such shares shall 
not be deemed to be securities within the scope of chapter 
one hundred and ten A of the General Laws. 

Approved April 27, 1938. 

An Act changing the title and enlarging the powers Qhn^ 249 

AND DUTIES OF THE SUPERINTENDENT OF BUILDINGS, ^' 

CHANGING THE TITLE OF CERTAIN OF HIS EMPLOYEES AND 
FURTHER DEFINING THE POWERS OF CAPITOL POLICE 
OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter eight of the General Laws is hereby g. l. (Ter. 
amended by striking out section one, as appearing in the amg^^ded^ ^' 
Tercentenary Edition, and inserting in place thereof the 



202 



Acts, 1938. — Chap. 249. 



State superin- 
tendent of 
buildings. 



G. L. (Ter. 
Ed.). 8. § 4, 
etc., amended. 



Appointment 
of employees. 



G. L. (Ter. 
Ed.), 8. § 9, 
amended. 



Care of state 
house, etc. 



G. L. (Ter. 
Ed.). 8, § 10, 
amended. 



Assignment of 
rooms in state 
house, etc. 



following : — Section 1 . There shall be an officer to be 
known as the state superintendent of buildings, in this 
chapter called the superintendent. 

Section 2. Said chapter eight is hereby further amended 
by striking out section four, as most recently amended by 
section one of chapter eighty-four of the acts of nineteen 
hundred and thirty-seven, and inserting in place thereof 
the following : — Section 4- He may appoint such clerks, 
engineers, electricians, firemen, oilers, mechanics, capitol po- 
lice officers, elevator operators, janitors, cleaners and other 
persons as may be necessary to enable him to perform his 
duties. Capitol police officers shall, when on duty, wear 
and display a metallic badge bearing the seal of the com- 
monwealth and the words "Capitol Pohce". He shall be 
responsible for the fitness and good conduct of all such em- 
ployees. 

Section 3. Section nine of said chapter eight, as ap- 
pearing in the Tercentenary Edition, is hereby amended by 
striking out, in the fourth fine, the words "in Boston", — 
so as to read as follows : — Section 9. The superintendent 
shall, under the supervision of the governor and council, 
have charge of the care and operation of the state house 
and its appurtenances and shall have general charge and 
oversight of any other buildings or parts thereof owned by 
or leased to the commonwealth for the use of public officers, 
and shall see that the chambers and lobbies of the general 
court and of its committees are kept clean and in good 
order; shall superintend all ordinary repairs thereof and 
shall have charge of the current expenses for the care and 
preservation of the state house and its appurtenances, and 
for the ordinary repairs of the furniture and fixtures therein. 
He shall take proper precautions against damage thereto, 
or to the furniture, fixtures or other public property therein. 
There shall be maintained an adequate passageway for foot 
passengers from north to south through the east wing or 
extension of the state house, to be kept open during such 
hours as the superintendent shall fix. 

Section 4. Section ten of said chapter eight, as so ap- 
pearing, is hereby amended by striking out, in the first line, 
the word "may" and inserting in place thereof the word: 
— shall, — so as to read as follows: — Section 10. He shall, 
under the supervision of the governor and council, assign 
the rooms in the state house and rooms elsewhere used 
by the commonwealth, and may determine the occupancy 
thereof in such manner as the public service may require; 
provided, that the executive and administrative departments 
of the commonwealth shall be provided with suitable quar- 
ters which shall, so far as is expedient, be in the state house; 
and provided further, that this section shall not apply to 
rooms assigned to or used by either branch of the general 
court or any committees or officers thereof, except with the 
written consent of the presiding officer of the branch using 
such rooms, or to rooms assigned to or used by joint com- 



Acts, 1938. — Chap. 250. 203 

mittees of the general court, except with the written con- 
sent of the presiding officers of both branches of the general 
court, nor shall it apply to the rooms used by the Grand 
Army of the Republic of the department of Massachusetts 
under section seventeen, except with the consent of the 
commander thereof. He shall during the sessions of the 
general court, upon application of the sergeant-at-arms, 
assign such rooms as may be required for the use of com- 
mittees and other purposes. 

Section 5. Said chapter eight is hereby further amended EJ^i^Fj, 
by striking out section twelve, as so appearing, and insert- amended. 
ing in place thereof the following: — Section 12. The su- Prevention of 
perintendent shall take proper care to prevent any trespass state^hoi^e 
on, or injury to, the state house or its appurtenances, or property. 
any other building or part thereof owned by or leased to 
the commonwealth for public offices; and, if any such tres- 
pass or injury is committed, he shall cause the offender to 
be prosecuted therefor. For any criminal offence committed 
in any part of the state house or the grounds appurte- 
nant thereto, or in any other building owned by or leased 
to the commonwealth, the superintendent and his capitol 
police shall have the same power to make arrests as the 
state police officers. The superintendent may arm his cap- 
itol police and, in case of an emergency, may arm and detail 
as capitol police for extra duty such employees in his de- 
partment as, in his judgment, the emergency requires for 
the proper protection of state property under his jurisdic- 
tion. 

Section 6. Nothing in this act shall be deemed to affect Effect of act 
any provision of chapter three hundred and twenty-seven 
of the acts of nineteen hundred and thirty-five or to grant 
to or impose upon the state superintendent of buildings any 
powers, duties or obligations relative to the office building 
known as the Public Works building on Nashua street in 
the city of Boston other than as set forth in said chapter 
three hundred and twenty-seven, or to affect the civil serv- 
ice status of any officer or employee, under whatever title 
or designation appointed. Approved April 27, 1938. 



Chap.250 



An Act further defining the powers and duties of 
registrars of voters relative to ballots cast at 
elections by persons whose right to vote thereat 
was challenged. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty-five of chap- g. l. (Ter. 
ter fifty-four of the General Laws, as amended, is hereby etc!, 'amended.' 
further amended by striking out the first paragraph, as 
most recently amended by section one of chapter fifty- 
nine of the acts of nineteen hundred and thirty-five, and 
inserting in place thereof the following: — If, on or before Recounts. 
five o'clock in the afternoon on the third day following an 



204 



Acts, 1938. — Chap. 250. 



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



Assistance for 
registrars. 



election in a ward of a city or in a town, ten or more voters 
of such ward or town, except Boston, and in Boston fifty 
or more voters of a ward, shall sign in person, adding thereto 
their respective residences on the preceding January first, 
and cause to be filed with the city or town clerk a state- 
ment, bearing a certificate by the registrars of voters of the 
number of names of subscribers which are names of regis- 
tered voters in such ward or town, and sworn to by one of 
the subscribers, that they have reason to believe and do 
believe that the records, or copies of records, made by the 
election officers of certain precincts in such ward or town, 
or, in case of a town not voting by precincts, by the elec- 
tion officers of such town, are erroneous, specifying wherein 
they deem such records or copies thereof to be in error, or 
that challenged votes were cast by persons not entitled to 
vote therein, and that they believe a recount of the ballots 
cast in such precincts or town will affect the election of one 
or more candidates voted for at such election, specifying the 
candidates, or will affect the decision of a question voted 
upon at such election, specifying the question, the city or 
town clerk shall forthwith transmit such statement and the 
envelope containing the ballots, sealed, to the registrars of 
voters, who shall, without unnecessary delay, but not before 
the last hour for filing requests for recounts as aforesaid, 
open the envelopes, recount the ballots and determine the 
questions raised, and shall examine all ballots cast by or for 
challenged voters and reject any such ballot cast by or for 
a person found not to have been entitled to vote. They 
shall endorse on the back of every ballot so rejected the 
reason for such rejection and said statement shall be signed 
by a majority of said registrars. Upon a recount of votes 
for town officers in a town where the selectmen are mem- 
bers of the board of registrars of voters, the recount shall 
be made by the moderator, who shall have all the powers 
and perform all the duties conferred or imposed by this 
section upon registrars of voters. 

Section 2. Said section one hundred and thirty-five 
of said chapter fifty-four, as amended, is hereby further 
amended by striking out the last paragraph, as appearing 
in chapter two hundred and seventy of the acts of nineteen 
hundred and thirty-three, and inserting in place thereof the 
following : — 

Registrars of voters may employ such clerical assistance 
as they deem necessary to enable them to carry out this 
section and in the investigation of challenged votes may 
summon witnesses and administer oaths. 

Approved April 27, 1938. 



Acts, 1938. — Chaps. 251, 252. 205 



An Act empowering the beacon institute of podiatry Qh„j^ o^l 

TO GRANT CERTAIN DEGREES. ^' 

Be it enacted, etc., as follows: 

The Beacon Institute of Podiatry, an educational insti- 
tution incorporated under general law on October twenty- 
eighth, nineteen hundred and thirty, under the name of 
New England School of Podiatry, and whose name was 
changed to its present name under general law on April 
twenty-ninth, nineteen hundred and thirty-two, is hereby 
authorized and empowered to grant the degree of doctor 
of surgical chiropody or podiatry to students properly ac- 
credited and recommended by a majority of its trustees and 
faculty; provided, that the course of instruction required 
for such degree shall occupy not less than three years and 
shall be approved, in accordance with the pertinent provi- 
sions of section two of chapter one hundred and twelve of 
the General Laws, as most recently amended by sections 
one and two of chapter two hundred and forty-seven of 
the acts of nineteen hundred and thirty-six, relative to the 
approval of a college, university or medical school, by the 
approving authority established under said section two. 

Approved April 27, 1938. 



An Act providing for the establishment of the berk- Qfid^f 252 

SHIRE village FIRE AND WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Lanesbor- 
ough residing in that part of the town bounded and described 
as follows : — Beginning at a point in the center line of the 
New State road, so called, leading from Pittsfield to Adams 
where the same crosses the town line between Lanesborough 
and Cheshire ; thence easterly on said town line five hundred 
feet to a point ; thence southerly in a straight line a distance 
of four thousand feet to a point eight hundred feet easterly 
from the center line of said New State road ; thence westerly 
on a line which runs parallel to the Cheshire-Lanesborough 
town line, above described, eight hundred feet to a point in 
the center line of the said State road; thence continuing in 
same course to the center line of the Berkshire Cross road, 
so called; thence northerly on a line which runs parallel 
to the easterly line of the district herein described to the 
thread of the Hoosac river; thence northerly along the 
center of the Hoosac river to the Cheshire-Lanesborough 
town line ; thence easterly along said town line to the center 
line of the New State road at the point of beginning, — shall 
constitute a water district, and are hereby made a body 
corporate by the name of Berkshire Village Fire and Water 
District, hereinafter called the district, for the purpose of 
supplying themselves with water for the extinguishment of 



206 Acts, 1938. — Chap. 252. 

fires and for domestic and other purposes, with power to 
estabhsh fountains and hydrants and to relocate and to 
discontinue the same, to regulate the use of such water and 
to fix and collect rates to be paid therefor, and for the pur- 
poses of assessing and raising taxes as provided herein for 
the payment for such services, and for defraying the neces- 
sary expenses of carrying on the business of said district, 
subject to all general laws now or hereafter in force relating 
to such districts, except as otherwise provided herein. The 
district shall have power to prosecute and defend all actions 
relating to its property and affairs. 

Section 2. For the purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with the city of Pitts- 
field, or any other city or town acting through its water 
department, or with any water company, or with any other 
water district for whatever water may be required, authority 
to furnish the same being hereby granted, and may 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, stream, or 
spring, or of any ground sources of supply, by means of 
driven, artesian or other wells, within the town of Lanes- 
borough, not already appropriated for the purposes of a 
public water supply, and the water and flowage rights con- 
nected 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 neces- 
sary 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 sup- 
ply or lands necessary for preserving 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 arrangement of all dams, reservoirs, 
springs, wells, pumping, purification and such other works 
as may be necessary in carrying out the provisions of this 
act shall be subject to the approval of said department. 
Said district may construct and maintain on the lands ac- 
quired and held under this act proper dams, wells, springs, 
reservoirs, standpipes, tanks, pumping plants, buildings, fix- 
tures and other structures, including also the establishment 
and maintenance of purification works, and may make ex- 
cavations, procure, 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 wells and reservoirs and establish pumping 
works, and may construct, lay and maintain aqueducts, 
conduits, pipes and other works under or over any land, 
water courses, railroads, railways and public or other ways, 
and along such ways in said town, in such manner as not 
unnecessarily to obstruct the same; and for the purposes 



Acts, 1938. — Chap. 252. 207 

of constructing, laying, maintaining, operating and repair- 
ing such conduits, pipes and other works, and for all proper 
purposes of this act, said district may dig up or raise and 
embank any such lands, highways or other ways in such 
manner as to cause the least hindrance to public travel on 
such ways; provided, that all things done upon any such 
way shall be subject to the direction of the selectmen of 
the town of Lanesborough. Said district shall not enter 
upon, construct or lay any conduit, pipe or other works 
within the location of any railroad corporation except at 
such time and in such manner as it may agree upon with 
such corporation, or, in case of failure so to agree, as may 
be approved by the department of public utilities. Said 
district may enter upon any lands for the purpose of making 
surveys, test pits and borings, and may take or otherwise 
acquire the right to occupy temporarily any lands necessary 
for the construction of any works 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 
said district under said chapter seventy-nine; but the right 
to damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water 
is actually withdrawn or diverted under authority of this 
act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under the provisions of this 
act, other than expenses of maintenance and operation, the 
district may borrow from time to time such sums as may be 
necessary, not exceeding, in the aggregate, thirty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Berkshire Village Fire and 
Water District Loan, Act of 1938. 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 the 
provisions of chapter forty-four of the General Laws per- 
taining to such districts. 

Section 5. Said district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with section four of this act; and when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid by the dis- 
trict, and to make such payments on the principal as may 
be required under the provisions of this act, shall without 
further vote be assessed upon said 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 



208 Acts, 1938. —Chap. 252. 

water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in such board by this section shall be 
subject to section nine. 

Section 7. Whenever a tax is duly voted by said dis- 
trict for the purposes of this act, the clerk shall send a 
certified copy of the vote to the assessors of said town, who 
shall assess the same in the same manner in all respects in 
which town taxes are required by law to be assessed. The 
assessment shall be committed to the town collector, who 
shall collect said tax in the manner provided by law for the 
collection of town taxes, and shall deposit the proceeds 
thereof with the district treasurer for the use and benefit of 
said district. Said district may collect interest on overdue 
taxes in the manner in which interest is authorized to be 
collected on town taxes. 

Section 8. A meeting or meetings of the voters of the 
territory included within the boundaries set forth in section 
one of this act shall, and, after the acceptance of this act, 
a meeting or meetings of the voters of such territory, or of 
the district in case additional territory has been included 
within its limits under section thirteen, may, be called, on 
petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a 
moderator for the meeting the question of the acceptance 
of this act shall be submitted to the voters, and if it is 
accepted by a majority of the voters present and voting 
thereon it shall thereupon take full effect, and the meeting 
may then proceed to act on the other articles contained in 
the warrant. 

Section 9. Said district shall, after acceptance of this 
act as aforesaid, elect by ballot, either at the same meeting 
at which this act shall have been accepted, or at a later 
meeting called for the purpose, three persons, inhabitants of 
and voters in said district, to hold office, one until the expira- 
tion of three years, one until the expiration of two years, 
and one until the expiration of one year, from the day of 
the next succeeding annual district meeting, to constitute 
a board of water commissioners; and at every annual dis- 
trict meeting following such next succeeding annual district 
meeting one such commissioner shall be elected by ballot 
for a term of three years. All the authority granted to said 
district by this act, except sections four and five, and not 
otherwise specifically provided for, shall be vested in said 
board of water commissioners, who shall be subject, how- 



Acts, 1938. — Chap. 252. 209 

ever, to such instructions, rules and regulations as the 
district may by vote impose. At the meeting at which said 
commissioners are first elected and at each annual district 
meeting held thereafter, the commissioners shall elect by 
ballot a treasurer of the district, who may be a commissioner, 
and who shall give bond to the district in such an amount 
as may be approved by said commissioners and with a 
surety company authorized to transact business in the 
commonwealth as surety. A majority of the commissioners 
shall constitute a quorum for the transaction of business. 
Any vacancy occurring in said board from any cause may 
be filled for the remainder of the unexpired term by said 
district at any legal meeting called for the purpose. No 
money shall be drawn from the district treasury on account 
of its water works except upon a written order of said 
commissioners or a majority of them. 

Section 10. Said board of commissioners shall fix just 
and equitable prices and rates for the use of water, and shall 
prescribe the time and manner of payment. The income of 
the water works shall be appropriated to defray all operating 
expenses, interest charges and payments on the principal as 
they shall accrue upon any bonds or notes issued under 
authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said com- 
missioners may recommend, and in case a surplus should 
remain after payment for such new construction the water 
rates shall be reduced proportionately. Said commissioners 
shall annually, and as often as said district may require, 
render a report upon the condition of the works under their 
charge, and an account of their doings, including an account 
of receipts and expenditures. 

Section 11. Said district may adopt by-laws prescrib- 
ing by whom and how meetings of the district may be called, 
notified and conducted; and, upon the application of ten 
or more legal voters in said district, meetings may also be 
called by warrant as provided in section eight. Said district 
may also establish rules and regulations for the manage- 
ment of its water works, not inconsistent with this act or 
with any other provision of law, and may choose such other 
officers not provided for in this act as it may deem necessary 
or proper. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfully or wantonly injures any reservoir, well, 
standpipe, aqueduct, pipe or other property owned or 
used by said district for any of the purposes of this act, shall 
forfeit and pay to said district three times the amount of 
damages assessed therefor, to be recovered in an action of 
tort, and upon conviction of any of the above wilful or 
wanton acts shall be punished by a fine of not exceeding one 
hundred dollars or by imprisonment in jail for a term not 
exceeding six months. 



210 Acts, 1938. — Chap. 253. 

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 of such real 
estate, said commissioners shall cause a duly warned meet- 
ing of said district to be called, at which meeting the voters 
may vote on the question of including said real estate within 
said district. If a majority of the voters present and voting 
thereon vote in the affirmative, the district clerk shall within 
ten days file with the town clerk of said town and with the 
state secretary an attested copy of said petition and vote; 
and thereupon said real estate shall become and be part of 
said district and shall be holden under this act in the same 
manner and to the same extent as the real estate described 
in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 
and voting thereon at a district meeting called in accordance 
with the provisions of section eight within three years after 
its passage. Approved April 28, 1938. 

Chav. 253 -^^ ^^'^ relative to the removal of snow and ice from 

PRIVATE WAYS OPEN TO THE PUBLIC USE IN THE CITY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may appropriate 
money for the removal of snow and ice from such private 
ways within its limits and open to the pubhc use as may 
be designated by the city council of said city; provided, 
that for the purposes of section twenty-five of chapter 
eighty-four of the General Laws, the removal of snow or 
ice from such a way shall not constitute a repair of a way. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Worcester at the next 
biennial city election in said city in the form of the follow- 
ing question which shall be placed on the official ballot to 
be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and thirty- 
eight, entitled 'An Act relative to the removal of snow and 
ice from private ways open to the public use in the city of 
Worcester', be accepted?" If a majority of the voters of 
said city vote in the affirmative, then this act shall there- 
upon take full effect, but not otherwise. 

Approved April 28, 1938. 



Acts, 1938. — Chap. 254. 211 

An Act relative to the parole and discharge of de- fjhnr) 254 

FECTIVE delinquents. ^' 

Be it enacted, etc., as follows: 

Section 1. Section eighty-nine B of chapter one hun- g. l. (Ter. 
dred and twenty-three of the General Laws, as appearing f sob!^^^' 
in the Tercentenary Edition, is hereby amended by insert- amended. 
ing after the word "that" in the eighth Hne the following: 
— , except in the case of an inmate of a department for 
defective delinquents, — so as to read as follows : — Section Discharge of 
89B. If, at said hearing, the contention of the petitioner is custody of"^ 
sustained, the probate court may order the immediate dis- department. 
charge of such person and file a copy of such order with 
the commissioner of mental diseases or the commissioner 
of correction, as the case may be, and such person shall 
thereupon be discharged accordingly. If such contention is Hearing. 
not sustained, such person shall be remanded to the custody 
or supervision of the department of mental diseases or to 
the department for defective delinquents; provided, that, 
except in the case of an inmate of a department for defec- 
tive delinquents, the probate court may, in lieu of such 
immediate discharge or remand, permit such person to re- 
main in the custody of a relative or friend who shall give 
security, to be approved by the court, for his safe care and 
custody and for his appearance in court whenever required, 
until discharged or remanded as herein provided. 

Section 2. Said chapter one hundred and twenty-three g. l. (Ter. 
is hereby further amended by striking out section one hun- ff^^ imended 
dred and eighteen, as so appearing, and inserting in place 
thereof the following: — Section 118. The parole board of Parole, etc. 
the department of correction may parole inmates of the 
departments for defective delinquents or drug addicts on 
such conditions as it deems best, and may, at any time 
during the parole period, recall to the institution any in- 
mate paroled. Said board shall not entertain a petition for 
parole of a person confined in the department for defective 
delinquents at the state farm, unless and until the super- 
intendent thereof and the medical director appointed under 
section forty-eight of chapter one hundred and twenty-five 
certify to said board that such person is mentally and 
physically capable of taking his place in the community. 
In all other respects the parole of defective delinquents may 
be regulated by rules of the parole board. 

Section 3. Said chapter one hundred and twenty-three g. l. (Ter. 
is hereby further amended by striking out section one hun- ?^;)^ ^^3, 

11,., '^ . ° , . ,. . , § 119, amended. 

dred and nineteen, as so appearing, and inserting in place 
thereof the following: — Section 119. Any person may ap- Paroieand 
ply at any time to the justice of the district court in whose ord^^f com-t. 
jurisdiction a department for drug addicts is located, for 
the discharge of any inmate of said department. A hearing 
shall thereupon be held, of which notice shall be given to 
the applicant and to the person in chairge of the institution 



212 Acts, 1938. — Chap. 255. 

where the inmate is confined. If after the hearing the jus- 
tice shall find that it is probable that the inmate can be 
allowed to be at large without serious injury to himself, or 
damage or injury or annoyance to others, he may order the 
person having custody of said inmate to parole him. Fur- 
ther action on the apphcation for the inmate's discharge 
shall be suspended for one year from the date of his parole. 
If, at any time prior to the expiration of said year, the 
justice of the court where the application was filed shall be 
satisfied that the best interests of said inmate, or of the 
public, require the recall of the inmate from parole, he may 
authorize the person having custody of the inmate to so 
recall him. If an application is denied, a new application 
shall not be made within one year after the date of the 
order denying the previous application. If at the end of 
said year the justice shall find that said inmate can be 
allowed to be permanently at large without serious injury 
to himself, or damage or injury or annoyance to others, he 
may order the person having custody of said inmate to 
discharge him. If a person discharged under this section 
is found by any court to have committed, after his dis- 
charge, any offence against the laws of the commonwealth, 
said court may commit such person to a department for 
drug addicts, without the certificate of any physician. 

Approved April 28, 1938. 



Chap. 255 An Act providing for the establishment of the lanes- 
borough VILLAGE FIRE AND WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Lanesbor- 
ough residing in that part of the town bounded and de- 
scribed as follows : — Beginning at a point in the Lanes- 
borough-Pittsfield town line distant one thousand feet 
westerly from the center line of Narragansett road, so 
called; thence northerly on a line which runs one thousand 
feet westerly from and parallel to the center line of said 
Narragansett road to the center line of Bull Hill road; 
thence continuing in same course five hundred feet to a 
point; thence southeasterly on a line which runs five hun- 
dred feet northeasterly from and parallel to the center line 
of said Bull Hill road to the thread of the Housatonic 
river; thence northerly up the thread of said river to a 
point five hundred feet southerly from the center line of 
New Ore Bed road; thence westerly on a line which runs 
five hundred feet southerly from and parallel to the center 
line of New Ore Bed road one thousand feet to a point; 
thence northerly on a line which runs one thousand feet 
westerly from and parallel to the thread of the Housatonic 
river to a point five hundred feet north of Nourses road, 
so called; thence easterly on a line which runs five hundred 
feet northerly from and parallel to the center line of said 



Acts, 1938. — Chap. 255. 213 

road to the thread of said Housatonic river; thence up the 
thread of said river eighteen hundred feet to a point; thence 
easterly to the center line of Main street; thence continuing 
easterly across Main street five hundred feet to a point; 
thence running in a southerly direction in a line parallel to 
and five hundred feet easterly from the center line of North 
Main street to a point five hundred feet north of the center 
line of Akeroyd road; thence running easterly in a line 
parallel to the center line of Akeroyd road to a point five 
hundred feet westerl}^ from Cheshire road, thence northeast- 
erly on a line which runs five hundred feet westerly from 
and parallel to the center line of Cheshire road fifteen hun- 
dred feet to a point ; thence easterly five hundred feet to the 
center line of Cheshire road; thence continuing across said 
road to a point five hundred feet southeasterly from its 
center line; thence running southwesterly parallel to the 
center line of Cheshire road, across Berkshire road to a 
point five hundred feet south of the center line of said road; , 
thence running westerly in a line parallel to the center line 
of Berkshire Cross road to a point five hundred feet east 
of the center line of Main street; thence running southerly 
five hundred feet from and parallel to the center line of 
Main street to a point five hundred feet north of the center 
line of Irwin street; thence running easterly parallel to the 
center line of said Irwin street fifteen hundred feet; thence 
running due south to the Lanesborough-Pittsfield town line; 
thence running westerly by said town line to the point of 
beginning, — shall constitute a water district, and are hereby 
made a body corporate by the name of the Lanesborough 
Village Fire and Water District, hereinafter called the dis- 
trict, for the purpose of supplying themselves with water 
for the extinguishment of fires and for domestic and other 
purposes, with power to establish fountains and hydrants 
and to relocate and to discontinue the same, to regulate the 
use of such water and to fix and collect rates to be paid 
therefor, and for the purposes of assessing and raising taxes 
as provided herein for the payment for such services, and 
for defraying the necessary expenses of carrying on the busi- 
ness of said district, subject to all general laws now or here- 
after in force relating to such districts, except as otherwise 
provided herein. The district shall have power to prosecute 
and defend all actions relating to its property and affairs. 

Section 2. For the purposes aforesaid, the district, act- 
ing by and through its board of water commissioners herein- 
after provided for, may contract with the city of Pittsfield, 
or any other city or town acting through its water depart- 
ment, or with any water company, or with any other water 
district for whatever water may be required, authority to 
furnish the same being hereby granted, and may 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, stream, or 
spring, or of any ground sources of supply, by means of 



214 Acts, 1938. — Chap. 255. 

driven, artesian or other wells, within the town of Lanes- 
borough, not already appropriated for the purposes of a pub- 
lic water supply, and the water and flowage rights connected 
with any such water sources; and for said purposes may 
take as aforesaid, or acquire by purchase or otherwise, and 
hold, all lands, rights of way and other easements necessary 
for collecting, storing, holding, purifying and preserving the 
purity of the water and for conveying the same to any part 
of said district; provided, that no source of water supply 
or lands necessary for preserving the quality of the water 
shall be so taken or used without, first obtaining the advice 
and approval of the state department of public health, and 
that the location and arrangement of all dams, reservoirs, 
springs, wells, pumping, purification and such other works 
as may be necessary in carrying out the provisions of this 
act shall be subject to the approval of said department. 
Said district may construct and maintain on the lands ac- 
quired and held under this act proper dams, wells, springs, 
reservoirs, standpipes, tanks, pumping plants, buildings, fix- 
tures and other structures, including also the establishment 
and maintenance of purification works, and may make exca- 
vations, procure and operate machinery and provide such 
other means and appliances, and do such other things as 
may be necessary for the establishment and maintenance 
of complete and effective water works; and for that pur- 
pose may construct wells and reservoirs and establish pump- 
ing works, and may construct, lay and maintain aqueducts, 
conduits, pipes and other works under or over any land, 
water courses, railroads, railways and public or other ways, 
and along such ways, in said town, in such manner as not 
unnecessarily to obstruct the same; and for the purposes 
of constructing, laying, maintaining, operating and repair- 
ing such conduits, pipes and other works, and for all proper 
purposes of this act, said district may dig up or raise and 
embank any such lands, highways or other ways in such 
manner as to cause the least hindrance to public travel on 
such ways; provided, that all things done upon any such 
way shall be subject to the direction of the selectmen of the 
town of Lanesborough. Said district shall not enter upon, 
construct or lay any conduit, pipe or other works within the 
location of any railroad corporation except at such time and 
in such manner as it may agree upon with such corporation, 
or, in case of failure so to agree, as may be approved by 
the department of public utilities. Said district may enter 
upon any lands for the purpose of making surveys, test pits 
and borings, and may take or otherwise acquire the right 
to occupy temporarily any lands necessary for the construc- 
tion of any works or for any other purpose authorized by 
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 
said district under said chapter seventy-nine; but the right 



Acts, 1938. — Chap. 255. 215 

to damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water 
is actually withdrawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary 
expenses and liabilities incurred under the provisions of this 
act, other than expenses of maintenance and operation, the 
said district may borrow from time to time such sums as 
may be necessary, not exceeding, in the aggregate, one hun- 
dred and ten thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Lanesborough Village Fire and Water District Loan, Act of 
1938. 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 the provisions of chapter forty-four 
of the General Laws pertaining to such districts. 

Section 5. Said district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section four of this act; and when a vote to that 
effect has been passed, a sum which, with the income derived 
from water rates, will be sufficient to pay the annual expense 
of operating its water works and the interest as it accrues 
on the bonds or notes issued as aforesaid by the district, and 
to make such payments on the principal as may be required 
under the provisions of this act, shall without further vote 
be assessed upon said district by the assessors of said town 
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 such board by this section shall be 
subject to section nine. 

Section 7. Whenever a tax is duly voted by said district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same in the same manner in all respects in which 
town taxes are required by law to be assessed. The assess- 
ments shall be committed to the town collector, who shall 
collect said tax in the manner provided by law for the col- 
lection of town taxes, and shall deposit the proceeds thereof 
with the district treasurer for the use and benefit of said dis- 
trict. Said district may collect interest on overdue taxes in 
the manner in which interest is authorized to be collected 
on town taxes. 

Section 8. A meeting or meetings of the voters of the 
territory included within the boundaries set forth in section 
one of this act shall, and, after the acceptance of this act, a 
meeting or meetings of the voters of such territory, or of the 
district in case additional territory has been included within 
its limits under section thirteen, may, be called, on petition 
of ten or more legal voters therein, by a warrant from the 



216 Acts, 1938. — Chap. 255. 

selectmen of said town, or from a justice of the peace, directed 
to one of the petitioners, requiring him to give notice of the 
meeting by posting copies of the warrant in two or more 
pubHc 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 moder- 
ator is chosen. At any meeting held hereunder prior to the 
acceptance of this act, after the choice of a moderator for 
the meeting the question of the acceptance of this act shall 
be submitted to the voters, and if it is accepted by a ma- 
jority of the voters present and voting thereon it shall 
thereupon take full effect, and the meeting may then pro- 
ceed to act on the other articles contained in the warrant. 

Section 9. Said district shall, after acceptance of this 
act as aforesaid, elect by ballot, either at the same meeting 
at which this act shall have been accepted or at a later meet- 
ing called for the purpose, three persons, inhabitants of and 
voters in said district, to hold office, one until the expiration 
of three years, one until the expiration of two years, and one 
until the expiration of one year, from the day of the next 
succeeding annual district meeting, to constitute a board of 
water commissioners; and at every annual district meeting 
following such next succeeding annual district meeting one 
such commissioner shall be elected by ballot for a term of 
three years. All the authority granted to said district by 
this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district may by 
vote impose. At the meeting at which said commissioners 
are first elected and at each annual district meeting held 
thereafter, the commissioners shall elect by ballot a treas- 
urer of the district, who may be a commissioner, and who 
shall give bond to the district in such an amount as may be 
approved by said commissioners and with a surety company 
authorized to transact business in the commonwealth as 
surety. A majority of the commissioners shall constitute a 
quorum for the transaction of business. Any vacancy occur- 
ring in said board from any cause may be filled for the re- 
mainder of the unexpired term by said district at any legal 
meeting called for the purpose. No money shall be drawn 
from the district treasury on account of its water works 
except upon a written order of said commissioners or a 
majority of them. 

Section 10. Said board of commissioners shall fix just 
and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The in- 
come 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, 



Acts, 1938. — Chap. 255. 217 

it may be appropriated for such new construction as said 
commissioners may recommend, and in case a surplus should 
remain after payment for such new construction the water 
rates shall be reduced proportionately. Said commission- 
ers shall annually, and as often as said district may require, 
render a report upon the condition of the works under their 
charge, and an account of their doings, including an account 
of receipts and expenditures. 

Section 11. Said district may adopt by-laws 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 said district, meetings may also be 
called by warrant as provided in section eight. Said dis- 
trict may also establish rules and regulations for the man- 
agement of its water works, not inconsistent with this act 
or with any other provision of law, and may choose such 
other officers not provided for in this act as it may deem 
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, well, 
standpipe, aqueduct, pipe or other property owned or used 
by said district for any of the purposes of this act, shall 
forfeit and pay to said district three times the amount of 
damages assessed therefor, to be recovered in an action of 
tort, and upon conviction of any of the above wilful or 
wanton acts shall be punished by a fine of not exceeding one 
hundred dollars or by imprisonment in jail for a term not 
exceeding six months. 

Section 13. Upon a petition in writing addressed to 
said commissioners requesting that certain real estate, ac- 
curately described therein, located in said town and abutting 
on said district, and not otherwise served by a public water 
supply, be included within the limits thereof, and signed 
by the owners of such real estate, or a major portion of such 
real estate, said commissioners shall cause a duly warned 
meeting of said district to be called, at which meeting the 
voters may vote on the question of including said real 
estate within said district. If a majority of the voters pres- 
ent 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 be- 
come and be part of said district and shall be holden under 
this act in the same manner and to the same extent as the 
real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 
and voting thereon at a district meeting called in accordance 
with the provisions of section eight, within three years after 
its passage. Approved April 28, 1938. 



218 Acts, 1938. — Chaps. 256, 257. 



Chap. 25G An Act authorizing the city of boston to pay a sum of 

MONEY TO THE MOTHER OF JOHN MADDEN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obH- 
gation in the premises, the city of Boston may pay a sum, 
not exceeding five thousand dollars, to the mother of John 
Madden, who died on April twenty-first, nineteen hundred 
and thirty-four, as a result of injuries sustained while in the 
custody of the police attached to station ten of the police 
department of said city. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of the city of Boston, subject to the provisions of its charter, 
but not otherwise. Approved April 28, 1938. 

Chap. 2^7 An Act to authorize the reorganization of the board 

OF ASSESSORS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter ninety-three of the 
Special Acts of nineteen hundred and eighteen is hereby 
amended by striking out, in the third line, the word "three" 
and inserting in place thereof the word : — five, — so as to 
read as follows : — Section 1 . The assessing department of 
the city of Boston shall hereafter be under the direction of 
a board of five assessors who shall exercise the powers and 
perform the duties of assessors of taxes. 

Section 2. Said chapter ninety-three is herebj^ further 
amended by striking out section two, as most recently 
amended by section one of chapter one hundred and ninety 
of the acts of nineteen hundred and thirty-seven, and in- 
serting in place thereof the following : — Section 2. The 
mayor of the city shall appoint, and may at any time remove, 
in accordance with the provisions of chapter four hundred 
and eighty-six of the acts of nineteen hundred and nine, five 
assessors to hold office for terms of one, two, three, four, 
and five years, respectively, from the first day of April in 
the year nineteen hundred and thirty-eight. As the term 
of each assessor expires, the mayor in like manner shall 
appoint his successor for a term of five years from the first 
day of April in the year of appointment. The mayor shall 
also fill any vacancy for the unexpired term. The mayor 
shall designate the chairman of the board who shall receive 
an annual salary of seventy-five hundred dollars; the four 
other members of the board shall each receive an annual 
salary of six thousand dollars. 

Section 3. The terms of office of the members of the 
board of assessors of the city of Boston in office immediately 
prior to the time when this act becomes fully effective shall 
terminate upon the qualification of the assessors appointed 
under section two. 



Acts, 1938. — Chap. 258. 219 

Section 4. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of the city of Boston, subject to the provisions of its charter, 
but not otherwise. Approved April 28, 1938. 



An Act establishing the wareham and onset sewer (Jfidj) 258 

DISTRICT OF wareham AND AUTHORIZING THE DISTRICT 
TO CONSTRUCT AND OPERATE A SYSTEM OF SEWERAGE AND 
SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Wareham, 
hereinafter called the town, liable to taxation in said town 
and residing within the territory comprised within the 
boundary lines of the areas described herein shall consti- 
tute a sewer district and are hereby made a body corporate 
by the name of Wareham and Onset Sewer District of 
Wareham, hereinafter called the sewer district. The bound- 
ary lines of the areas above referred to are described as fol- 
lows: — (1) At Wareham village, beginning at the point 
where the southerly line of the right of way of the New 
York, New Haven and Hartford Railroad intersects the 
center line of Main street westerly of the junction of Gibbs 
avenue and Main street; thence in a general southerly 
direction by a straight line to the intersection of the center 
line of Marion road and the center hne of the culvert at 
Johnson's creek, sometimes known as Stony Run brook; 
thence in a southerly direction along the center line of 
Marion road to a point opposite the westerly boundary line 
of the property now or formerly of E. P. Beauchemin; 
thence at right angles to the center line of Marion road in 
a southerly direction to the northwesterly corner, at Marion 
road, of the aforesaid property now or formerly of E. P. 
Beauchemin and continuing southerly along the westerly 
boundary of said property and easterly along the southerly 
boundary of said property to the thread of Johnson's creek, 
sometimes called Stony Run brook; thence in a general 
southeasterly direction along the thread of said creek to 
the line of extreme low water, and along the line of ex- 
treme low water of the northerly shore of said creek and 
Broadmarsh river to the line of extreme low water of Ware- 
ham river; thence along the line of extreme low water of 
Wareham river in a northerly direction to the southerly 
line of the right of way of the New York, New Haven and 
Hartford Railroad; thence along said southerly hne of the 
right of way of the New York, New Haven and Hartford 
Railroad to the point of beginning; (2) At Onset village, 
beginning at a point in the center line of Onset avenue, 
which point is five hundred feet northwesterly of the inter- 
section of the center line of Onset avenue and the center 
line of Camp street, and running from said point of begin- 
ning in a northerly direction parallel to the center line of 



220 Acts, 1938. — Chap. 258. 

Camp street a distance of seven hundred feet; thence turn- 
ing and running at right angles with the Hne previously 
described in an easterly direction to the hne of extreme low 
water on the southerly shore of Mud cove; thence in a 
southerly and easterly direction along the line of extreme 
low water of Mud cove and of Broad cove to the line of 
extreme low water in Onset bay; thence along the line of 
extreme low water in Onset bay in a southwesterly direc- 
tion to the line of extreme low water in Shell Point bay; 
thence along the line of extreme low water in Shell Point 
bay, following the shore of Onset village and Sunset island, 
to a point where the line of extreme low water intersects 
the extension southerly of the line first mentioned in this 
description; thence from this intersection by a straight Hne 
to the point of beginning; (3) At Point Independence vil- 
lage, beginning at a point where the line of extreme low 
water at the south shore of Point Independence intersects 
the extension of a line running parallel to and one hundred 
feet westerly of the west hne of Maple street; thence in a 
general northerly direction along said line, parallel to Maple 
street and the extension thereof to a point on the extension 
of said line which is two hundred feet northerly from the 
intersection of said line with the northerly line of Onset 
avenue; thence in a general westerly direction along a line 
parallel with the north hne of Onset avenue to the inter- 
section of said line with a line two hundred feet easterly of 
and parallel to the east line of Grove street; thence along 
the line parallel to the east line of Grove street in a north- 
westerly direction to the intersection of said line with a line 
two hundred feet east of and parallel to the east line of 
Locust avenue; thence along the line parallel to the east 
hne of Locust avenue to a point of intersection with the 
east line of Grandview avenue; thence turning and running 
at right angles with the line previously described in a west- 
erly direction to a point of intersection with the line of 
extreme low water on the easterly shore of Broad cove; 
thence southwesterly and southerly along the line of ex- 
treme low water of Broad cove and the line of extreme low 
water of Onset bay following the northerly shore, the west- 
erly shore and the southerl^^ shore of Point Independence 
to the point of beginning. The sewer district may lay out, 
construct, maintain and operate a system or systems of 
main drains and common sewers for a part or the whole of 
its territory, with such connections and other works as may 
be required for a system of sewerage and sewage disposal, 
and may construct such sewers or drains or other works 
over or under land or tidewaters in the town as may be 
necessary to conduct the sewage to filter beds and treat- 
ment works, and, for the purpose of providing better sur- 
face or other drainage, may make, lay and maintain such 
drains as it deems best. And for the purposes aforesaid, 
the sewer district may, within its limits, make and main- 
tain sub-drains, and, with the approval of the department 



Acts, 1938. — Chap. 258. • 221 

of public health, may discharge the water from such sub- 
drains into any brook, stream, watercourse or tidewaters 
within the town. The sewer district shall have power to 
prosecute and defend all actions relating to its property and 
affairs. 

Section 2. The sewer district may make and maintain, 
in any way therein where main drains or common sewers are 
constructed, such connecting drains, under-drains and sew- 
ers within the limits of such way as may be necessary to 
connect any estate which abuts upon the way. 

Section 3. The first meeting of the voters of the terri- 
tory included in the sewer district shall be called, on peti- 
tion of ten or more legal voters therein, by a warrant from 
the selectmen of the town, or from a justice of the peace, 
directed to one of the petitioners, requiring him to give 
notice of the meeting by posting copies of the warrant in 
two or more public places in the sewer 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 mod- 
erator for the meeting the question of the acceptance of 
this act shall be submitted to the voters, and if it is ac- 
cepted by a majority of the voters present and voting thereon 
it shall thereupon take full effect, and the meeting may then 
proceed to act on the other articles in the warrant. 

Section 4. The sewer district, after the acceptance of 
this act, shall, either at the same meeting at which this act 
is accepted or at a later meeting called for the purpose, 
establish a board of sewer commissioners which shall con- 
sist of the chairman of the selectmen of the town, ex officio, 
and two other persons elected by ballot as hereinafter pro- 
vided. At the meeting at which the board is established, 
one sewer commissioner shall be elected by and from the 
voters of the sewer district, who reside within the Onset 
village voting precinct of the town, for a term of one year 
from the next succeeding annual sewer district meeting, 
and one sewer commissioner, by and from the voters of the 
sewer district, who reside within the Wareham village vot- 
ing precinct of the town, for a term of two years from the 
said next succeeding annual sewer district meeting, and at 
each annual district meeting after said next succeeding dis- 
trict meeting, a successor to the one whose term expires 
shall be elected in the same manner. All elective sewer 
commissioners shall serve until the qualification of their 
respective successors. At each annual district meeting the 
sewer district shall elect by ballot a clerk. All the authority 
granted to the sewer district by this act, except sections 
seven, eight and nine, and not otherwise specifically pro- 
vided for, shall be vested in said board of sewer commis- 
sioners, who shall be subject, however, to such instructions, 
rules and regulations as the sewer district may by vote im- 
pose. At the meeting at which said sewer commissioners 



222 Acts, 1938. — Chap. 258. 

are first elected and at each annual sewer district meeting 
held thereafter, the sewer district shall elect by ballot a 
treasurer of the sewer district, who shall not be a sewer 
commissioner thereof, and who shall give bond to the sewer 
district in such an amount as may be approved by said 
sewer commissioners and with a surety company authorized 
to transact business in the commonwealth as surety. A 
majority of said sewer commissioners shall constitute a 
quorum for the transaction of business. Any vacancy oc- 
curring in the office of an elective member of said board 
from any cause may be filled for the remainder of the un- 
expired term, at any legal meeting called for the purpose, 
in the same manner as hereinbefore provided for the elec- 
tion of his predecessor. No money shall be drawn from the 
treasury of the sewer district on account of its sewerage 
works except upon a written order of said sewer commis- 
sioners or a majority of them. 

The sewer commissioners shall annually, and as often as 
the sewer 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 ex- 
penditures. 

The sewer district may adopt bj^'-laws prescribing by 
whom and how meetings of the sewer district may be called, 
notified and conducted; and, upon the apphcation of ten 
or more legal voters in the sewer district, meetings may also 
be called by warrant as provided in section three. 

Section 5. Said board of sewer commissioners, acting 
for and on behalf of said sewer district, may take by emi- 
nent domain under chapter seventy-nine of the General 
Laws, or acquire by purchase or otherwise, any lands, water 
rights, rights of way or easements, public or private, in said 
town, necessary for accomplishing any purpose mentioned 
in this act, and may construct such main drains and sewers, 
sub-drains and under-drains under or over any bridge, rail- 
road, railway, boulevard or other public way, or within the 
location of any railroad, and may enter upon and dig up 
any private land, pubfic land, public way or railroad loca- 
tion, for the purpose of laying such drains and sewers and 
of maintaining and repairing the same, and may do any 
other thing proper or necessary for the purposes of this act; 
provided, that they shall not take in fee any land of a rail- 
road corporation, and that they shall not enter upon or con- 
struct any drain or sewer within the location of any railroad 
corporation except at such time and in such manner as they 
agree upon with such corporation, or, in case of failure to 
agree, as may be approved by the department of pubfic 
utilities. 

Section 6. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 
under authority thereof may recover damages from the 
sewer district under chapter seventy-nine of the General 
Laws. 



Acts, 1938. — Chap. 258. 223 

Section 7. The sewer district shall pay not less than 
one fourth nor more than two thirds of the whole cost of 
said system or systems of sewerage and sewage disposal. 
In providing for the payment of the remaining portion of 
the cost of said system or systems of sewerage and sewage 
disposal or for the use of said system or systems, the sewer 
district shall determine by vote which of the methods per- 
mitted by general laws it will adopt and shall by vote deter- 
mine the sewer assessment rates and the basis for annual 
rental charges, if any, and the provisions of said general 
laws relative to the assessment, apportionment, division, 
reassessment, abatement and collection of sewer assessments, 
to the establishment of liens therefor under chapter eighty 
of the General Laws and to interest thereon, shall apply to 
assessments and annual rental charges, if any, made under 
this act, except that interest shall be at the rate of six per 
cent per annum. 

Section 8. When a vote has been passed by the sewer 
district to determine the sewer assessment rates and the 
basis for annual rental charges, if any, the board of sewer 
commissioners shall determine the sewer assessments and 
charges to be made against each parcel of property within 
the sewer district and the clerk of the sewer district shall 
send a certified copy of the assessments and charges to be 
made against each said parcel of property to the assessors 
of the town. A sum which, with the income derived from 
sewer assessment rates and annual rental charges, will be 
sufficient to pay the annual expense of operating its system 
of sewerage and sewage disposal and the interest as it ac- 
crues on the bonds or notes issued, as provided in section 
nine, and to make such payments on the principal thereof 
as may be required under this act, shall without further 
vote be assessed upon the sewer district by the assessors of 
the town annually until the debt incurred by said loan or 
loans is extinguished. 

The assessors of the town shall assess the assessments and 
charges hereinbefore provided for on property within the 
sewer district in the same manner in all respects in which 
town taxes are required by law to be assessed. A certified 
list of the estates exempt from assessment under the provi- 
sions of the general laws shall annually be sent by the board 
of sewer commissioners to said assessors, at the same time 
at which the clerk of the sewer district shall send a certified 
copy of the sewer assessments and charges to be made 
against each parcel of property. The assessments and 
charges shall be committed to the town collector, who shall 
collect the same in the manner provided by law for the 
collection of town taxes, and shall deposit the proceeds 
thereof with the treasurer of the sewer district for the use 
and benefit of the sewer district. The sewer district may 
collect interest on overdue sewer assessments and other 
charges, if any, in the manner in which interest is author- 
ized to be collected on town taxes. The collector of taxes 



224 Acts, 1938. — Chap. 258. 

of the town shall certify the payment or payments of such 
assessments or apportionments thereof and charges, if any, 
to the sewer commissioners, who shall preserve a record 
thereof. 

Section 9. For the purpose of paying the necessary 
expenses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the sewer district 
may borrow, from time to time, such sums as may be neces- 
sary, not exceeding, in the aggregate, five hundred thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Wareham and Onset Sewer 
District Loan, Act of 1938. Each authorized issue shall 
constitute a separate loan, and such loans shall be payable 
in not more than thirty years from their dates. Indebted- 
ness incurred under this act shall be subject to the provi- 
sions of chapter forty-four of the General Laws pertaining 
to districts. 

Section 10. The receipts from sewer assessments and 
annual rental charges, if any, and from payments made in 
lieu thereof shall be appropriated for and applied to the 
payment of charges and expenses incident to the main- 
tenance and operation of said system of sewerage and 
sewage disposal or to the extension thereof, to the payment 
of interest upon bonds or notes issued for sewer purposes or 
to the payment of the principal of such bonds or notes. 

Section 11. The clerk of the sewer district shall serve as 
clerk of the board of sewer commissioners. Said board of 
sewer commissioners may annually appoint a superintendent 
of sewers who shall not be a member of the board. It may 
remove the superintendent at its pleasure and shall define 
his duties. 

Section 12. All contracts made by the board of sewer 
commissioners shall be made in the name of the sewer dis- 
trict and shall be signed by the board, but no contracts 
shall be made or obligation incurred by said board for any 
purpose in excess of the amount of money appropriated by 
the sewer district therefor. 

Section 13. Said board may, from time to time, pre- 
scribe rules and regulations for the connection of estates 
and buildings with main drains and sewers, and for the 
inspection of the materials, the construction, alteration and 
use of all connections and drains entering into such main 
drains or sewers, and may prescribe penalties, not exceeding 
twenty dollars, for each violation of any such rule or regu- 
lation. Such rules and regulations shall be published at 
least once a week for three successive weeks in some news- 
paper published in the town of Wareham, if there be any, 
and, if not, then in some newspaper published in the county 
of Plymouth, and shall not take effect until such publica- 
tions have been made. 

Section 14. No act shall be done under authority of the 
preceding sections, except in the making of surveys, plans 
and other preliminary investigations, until the plans for 



Acts, 1938. — Chap. 259. 225 

said system of sewerage and sewage disposal have been 
approved by the department of public health. Upon appli- 
cation to said department for its approval, it shall give a 
hearing, after due notice to the public. At such hearing, 
plans showing all the work to be done in constructing said 
system of sewerage and sewage disposal shall be submitted 
for the approval of said department. 

Section 15. Upon a petition in writing addressed to said 
sewer commissioners requesting that certain real estate, 
accurately described therein located in said town, and not 
otherwise served by a public system of sewerage and sewage 
disposal, be included within the limits of the sewer district, 
and signed by the owners of such real estate, or a majority 
of the owners of such real estate, said sewer commissioners 
shall cause a duly warned meeting of the sewer district to 
be called, at which meeting the voters may vote on the 
question of including said real estate within the sewer dis- 
trict. If a majority of the voters present and voting thereon 
vote in the affirmative the clerk of the sewer district 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 sewer 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 16. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within the sewer district by section one present 
and voting thereon at a sewer district meeting called, in 
accordance with the provisions of section three, within five 
years after its passage, but the number of meetings so called 
in any one year shall not exceed three. 

Approved April 28, 1938. 



An Act relative to the qualifications of applicants (7/iaZ).259 

FOR REGISTRATION AS QUALIFIED PHYSICIANS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter two hundred and 
forty-seven of the acts of nineteen hundred and thirty-six 
is hereby amended by striking out, in the third line, the 
word "thirty-nine" and inserting in place thereof the word: 
— forty-one, — so as to read as follows : — Section 3. The 
provisions of said section two of said chapter one hun- 
dred and twelve as existing immediately prior to January 
first, nineteen hundred and forty-one, 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 nineteen hundred and thirty-three. 



226 Acts, 1938. — Chaps. 260, 261. 

Section 2. Section six of said chapter two hundred and 
fortj^-seven is hereby amended by striking out, in the fourth 
Hne, the word "thirty-nine" and inserting in place thereof 
the word : — forty-one, — so as to read as follows : — Sec- 
tion 6. The provisions of this act providing new eligibility 
requirements for applicants for registration as qualified phy- 
sicians shall become effective January first, nineteen hun- 
dred and forty-one. Approved May 2, 1938. 

Chap. 2Q0 An Act to amend the charter of the barnstable water 

COMPANY. 

prTfmbi"*^^ Whereas, The deferred operation of this act would cause 

substantial inconvenience, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section seven of chapter two hundred and eighty-six of 
the acts of nineteen hundred and eleven is hereby amended 
by striking out, in the third line, the word "forty" and 
inserting in place thereof the words: — one hundred, — and 
by striking out all after the word "corporation", in the third 
and fourth lines, and inserting in place thereof the follow- 
ing: — may be increased or reduced in the manner provided 
by chapters one hundred and fifty-five and one hundred and 
sixty-five of the General Laws and in any amendment thereof 
hereafter made, — so as to read as follows : — Section 7. 
Said corporation may, for the purposes set forth in this act, 
hold real estate not exceeding in value one hundred thousand 
dollars, and the capital stock of said corporation may be 
increased or reduced in the manner provided by chapters 
one hundred and fifty-five and one hundred and sixty-five 
of the General Laws and in any amendment thereof here- 
after made. Approved May 3, 1938. 

Chap.2Ql An Act further extending the period of time within 

WHICH THE commissioner OF BANKS MAY BORROW FUNDS 
FOR THE PAYMENT OF DIVIDENDS IN THE LIQUIDATION OP 
CERTAIN CLOSED BANKS. 

prTambi"*?^ Whcreos,^ The deferred operation of this act would tend 

to defeat its purpose to afford relief 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 most recently 
amended by chapter two hundred and sixty-three of the acts 
of nineteen hundred and thirty-six, is hereby further amended 
by striking out, in the fourth line, the word "six" and insert- 



Acts, 1938. — Chaps. 262, 263. 227 

ing in place thereof the word : — eight, — 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 borrow from time to time, within a period of eight 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 
security therefor may pledge and assign any or all the 
assets of such bank. Approved May 3, 1938. 

An Act authorizing the town of westford to borrow Chap. 2^2 

MONEY FOR REMODELING FROST SCHOOL, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling the Frost 
School building, the town of Westford may borrow from 
time to time, within a period of five years from the passage 
of this act, such sums of money as may be necessar}^ not 
exceeding, in the aggregate, twenty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Westford School Loan, Act of 1938. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than ten years from their 
dates. Indebtedness incurred under this act shall be within 
the statutory limit, but shall, except as provided herein, be 
subject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved May 3, 1938. 



An Act relative to the preparation and verification 

OF LISTS OF officials AND EMPLOYEES OF THE CITY OF 
BOSTON AND COUNTY OF SUFFOLK AND TO THE PUBLICATION 
OF CERTAIN COMPARATIVE TABLES OF THE NUMBERS OF 
SUCH OFFICIALS AND EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and eighty-six of the 
acts of nineteen hundred and nine is hereby amended by 
striking out section twenty-seven, as most recently amended 
by section one of chapter one hundred and thirty-three of 
the acts of nineteen hundred and twenty-two, and inserting 
in place thereof the following : — Section 27. Every officer 
and board in charge of a department of the city of Boston 
or county of Suffolk shall, on or before the sixth day of 
January in the year nineteen hundred and thirty-nine, and 
on or before the sixth day of January in each year thereafter, 



C/iap.263 



228 Acts, 1938. — Chap. 264. 

prepare and furnish to the city auditor a Hst of the officials 
and employees under said officer or board and paid by the 
city or county on the first day of such January; and every 
such officer and board shall, on or before the sixth day of 
June, in each of the years nineteen hundred and thirty-eight 
to nineteen hundred and forty-three, inclusive, prepare and 
furnish to the city auditor a list of such officials and em- 
ployees paid by the city or county on the first day of such 
June. Such lists shall give the names, residence by street 
and ward, designation, compensation, and date of election 
or appointment of each of said officials and employees and 
the date when each first entered the employ of the city or 
county. It shall be the duty of the city auditor to verify 
said lists by the pay rolls and to keep a copy of said lists 
open for public inspection, and to prepare and publish in 
the City Record, in the year nineteen hundred and thirty- 
nine and annually thereafter, a comparative table containing 
the number of such officials and employees holding office or 
employed in each such department or board and paid by the 
city or county on the first day of January in each of the 
ten years next preceding such publication; and, in addition, 
in each of the years nineteen hundred and thirty-eight to 
nineteen hundred and forty-three, inclusive, he shall prepare 
and publish in the City Record a comparative table showing 
the number of such officials and employees holding office or 
employed in each such department or board and paid by the 
city or county on the first day of June in each of the ten 
years next preceding such publication. Each such compara- 
tive table of the number of such officials and employees 
paid by the city or county on the first day of January, in any 
year, shall be so published not later than during the first 
week in the month of March next following; and each such 
comparative table of the number of such officials and em- 
ployees paid by the city or county on the first day of June, 
in each of the years nineteen hundred and thirty-eight to 
nineteen hundred and forty-three, inclusive, shall be so pub- 
lished not later than during the first week in the month of 
August next following. 

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

Approved May 3, 1938. 



Chap. 2Q4: An Act relative to time off for good behavior in the 

CASE OF PRISONERS IN CERTAIN STATE PENAL AND RE- 
FORMATORY institutions. 

^r™ambiT^ TF/igrgas, 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: 
G. L. (Ter. SECTION 1. Chapter one hundred and twenty-seven of 

f i3o/amended. the General Laws is hereby amended by striking out section 



Acts, 1938. — Chap. 264. 229 

one hundred and thirty, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following: — 
Section ISO. Every officer in charge of a prison or other Record of 
place of confinement, except the state farm, shall keep a p?i^oners° 
record of the conduct of each prisoner in his custody whose 
term of imprisonment is four months or more. Every such 
prisoner whose record of conduct shows that he has faith- 
fully observed all the rules and has not been subjected to 
punishment shall be entitled to a deduction from the maxi- 
mum term for which he may be held under his sentence, 
which shall be determined as follows: upon a sentence of 
not less than four months and less than one year, one day 
for each month; upon a sentence of not less than one year 
and less than three years, three days for each month; upon 
a sentence of not less than three years and less than five 
years, four days for each month; upon a sentence of not 
less than five years and less than ten years, five days for 
each month; upon a sentence of ten years or more, six days 
for each month. If a prisoner has two or more sentences 
to be served otherwise than concurrently, the aggregate of 
his several sentences shall be the basis upon which the de- 
duction shall be determined. A prisoner who is entitled to 
such deduction shall receive a written permit to be at lib- 
erty during the time so deducted, upon such terms as the 
board which grants the permit shall prescribe, which, in 
the case of a prisoner sentenced or transferred to a state in- 
stitution, shall include a minimum requirement that he 
shall reside in a home approved by said board. If a pris- 
oner violates any of the rules of his prison or other place of 
confinement, in the case of a prisoner sentenced or trans- 
ferred to a state institution, the commissioner, upon recom- 
mendations and evidence submitted to him in writing by 
the warden, superintendent or officer in charge, and, in the 
case of a prisoner sentenced to and confined in a county 
institution, the board authorized to grant permits to such 
prisoners, shall decide what part of such deduction shall be 
forfeited by such violation. If, during the term of imprison- 
ment of a prisoner sentenced or transferred to a state insti- 
tution, such prisoner shall commit any offence of which he 
shall be convicted, all such deductions shall be thereby 
forfeited. 

Section 2. In addition to prisoners sentenced after the Application 
effective date of this act to which the provisions thereof of act extended. 
apply, it shall also apply to prisoners sentenced on or be- 
fore said date to state penal or reformatory institutions and 
to violations of regulations committed by prisoners so sen- 
tenced on or before said date. Approved May 3, 1938. 



230 



Acts, 1938. — Chap. 265. 



G. L. (Ter. 
Ed.), 71, § 54. 
amended. 



Physical 
examination 
of pupils, etc. 



Chav.2Q5 An Act relative to control of diseases dangerous to 

THE PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-four of chapter seventy-one of 
the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out, in the second Hne, 
the words "and diagnosis" and by striking out, in the same 
hne, the words "hereinafter provided" and inserting in 
place thereof the words : — provided in this chapter, — so 
as to read as follows: — Section 54- Every school physi- 
cian shall make a prompt examination of all children re- 
ferred to him as provided in this chapter, and such further 
examination of teachers, janitors and school buildings as in 
his opinion the protection of the health of the pupils may 
require. Every such physician who is assigned to perform 
the duty of examining children who apply for health certifi- 
cates shall make a prompt examination of every child who 
wishes to obtain an employment certificate, as provided in 
section eighty-seven of chapter one hundred and forty-nine, 
and who presents to said physician the pledge or promise of 
the employer, as provided in said section; and the physi- 
cian shall certify in writing whether or not in his opinion 
such child is in sufficiently sound health and physically able 
to perform the work described in said pledge or promise. 

Section 2. Said chapter seventy-one is hereby further 
amended by striking out section fifty-five, as so appearing, 
and inserting in place thereof the following : — Section 55. 
A child infected, or in a household where a person is infected, 
with a disease dangerous to the public health as defined in 
accordance with section six of chapter one hundred and 
eleven, or in a household exposed to contagion from any 
such disease in another household, shall not attend any 
public school while he is so infected or remains in a house- 
hold where such infection or exposure exists. A child re- 
turning to school after having been absent on account of 
such infection or exposure shall present a certificate from 
the board of health or its duly appointed agent that the 
danger of conveying such disease by such child has passed; 
provided, that if such a child returns to school without such 
a certificate, after having been absent on account of such 
infection or exposure, he shall immediately be referred to a 
school physician for examination and, if it is found by such 
physician upon such examination that such danger has 
passed, he may remain at school. 

Section 3. Said chapter seventy-one is hereby further 
amended by inserting after section fifty-five, as so appear- 
ing, the following new section : — Section 55 A . A child 
showing signs of ill health or of being infected with a dis- 
ease dangerous to the public health as defined in accordance 
with section six of chapter one hundred and eleven shall be 
sent home immediately, or as soon as safe and proper con- 



G. L. (Ter. 
Ed.), 71, §55, 
amended. 

Examination 
of pupils 
returning after 
illness. 



G. L. (Ter. 
Ed.), 71, 
new section 
55A, added. 

Pupils sick 
to be sent 
home. 



Acts, 1938. — Chap. 265. 231 

veyance can be found, or shall be referred to a school phy- 
sician, who may direct that such child be sent home. In the 
case of schools remotely situated, such other steps may be 
taken as will best effectuate the purpose of this section and 
ensure the safety of such child and of other pupils. The 
superintendent of schools shall immediately cause the board 
of health to be notified of all children excluded under this 
section by reason of any disease dangerous to the public 
health. 

Section 4. Said chapter seventy-one is hereby further g. l. (Xer. 
amended by striking out section fifty-six, as so appearing, amended.^ ^^' 
and inserting in place thereof the following : — Section 56. procedure 
If any child is found to be suffering from any disease or j," ^^^| °^ 
defect, or if any child is found to have any defect or disa- diseases. 
bility requiring treatment, the school committee shall forth- 
with notify the parent or guardian of such child. 

Section 5. Chapter seventy-six of the General Laws is g. l. (Xer. 
hereby amended by striking out section fifteen, as so ap- amended ^^^' 
pearing, and inserting in place thereof the following : — 
Section 15. An unvaccinated child shall not be admitted vaccination, 
to a public school except upon presentation of a physician's 
certificate like the physician's certificate referred to in sec- 
tion one hundred and eighty-three of chapter one hundred 
and eleven. 

Section 6. Section one of chapter one hundred ^-^d ^. l (Ter 
eleven of the General Laws, as so appearing, is hereby amended.' 
amended by adding at the end the following new para- 
graph : — 

"Disease dangerous to the public health" shall include Definition, 
all diseases defined as such in accordance with section six. 

Section 7. Said chapter one hundred and eleven is g. l. (Xer. 
hereby further amended by striking out section six, as so amended* ^ ^' 
appearing, and inserting in place thereof the following: — 
Section 6. The department shall have the power to define, Dangerous 
and shall from time to time define, what diseases shall be be ddined! 
deemed to be dangerous to the public health, and shall 
make such rules and regulations consistent with law for the 
control and prevention of such diseases as it deems advis- 
able for the protection of the public health. 

Section 8. Said chapter one hundred and eleven is g. l. (Ter. 
hereby further amended by striking out section ninety-six, amendii.' * ^^* 
as so appearing, and inserting in place thereof the following: 
— Section 96. A magistrate authorized to issue warrants warrants to 
may issue a warrant directed to the sheriff of the county pe^onl^"''' 
or his deputy, or to any constable or police officer, requiring 
him, under the direction of the board of health, to remove 
any person infected with a disease dangerous to the public 
health or who is a carrier of the causative agent thereof, 
or to take control of convenient houses and lodgings, and 
to impress into service and use such convenient houses, 
lodgings, nurses, attendants and other necessaries. The re- 
moval authorized by this section may be made to a hospital 
in any town established for the reception of persons having 



232 



Acts, 1938. — Chap. 265. 



G. L. (Ter. 
Ed.). 111. 
new section 
96A, added. 

Transportation 
of person in- 
fected with 
certain 



G. L. (Ter. 

Ed.). 111. 

§ 97, amended. 

Limitation 
of preceding 
sections. 



G. L. (Ter. 

Ed.), Ill, 

§ 104, amended. 



Notice of in- 
fected places. 



G. L. (Ter. 

Ed.), Ill, 

1 107, amended 



Transportation 
of infected 
dead bodies 
regulated. 



diseases dangerous to the public health; provided, that the 
assent of the board of health of the town to which such 
removal is to be made shall first have been obtained. 

Section 9. Said chapter one hundred and eleven ' is 
hereby further amended by inserting after said section 
ninety-six the following new section : — Section 96 A . No 
town shall transport or permit to be transported to another 
town any person infected with a disease dangerous to the 
public health, without first obtaining the assent of the 
board of health of the town to which the patient is to be 
transported; but this requirement shall not apply to trans- 
portation to a hospital except under section ninetj^-six. 

Section 10. Said chapter one hundred and eleven is 
hereby further amended by striking out section ninety- 
seven, as so appearing, and inserting in place thereof the 
following : — Section 97. Sections ninety-five and ninety- 
six, so far as they confer authority for the removal of pa- 
tients from their homes, shall apply only to persons residing 
in boarding houses or hotels, or to two or more families 
occupying the same dwelling, or in other cases where, in the 
opinion of the board, the patient cannot properly be isolated. 

Section 11. Said chapter one hundred and eleven is 
hereby further amended by striking out section one hun- 
dred and four, as so appearing, and inserting in place thereof 
the following: — Section 104- If a disease dangerous to the 
public health exists in a town, the selectmen and board of 
health shall use all possible care to prevent the spread of 
the infection and ma}'- give public notice of infected places 
by such means as in their judgment may be most effectual 
for the common safety. Whoever obstructs the selectmen, 
board of health or its agent in using such means, or who- 
ever wilfully and without authority removes, obliterates, de- 
faces or handles such public notices which have been posted, 
shall forfeit not less than ten nor more than one hundred 
dollars. 

Section 12. Said chapter one hundred and eleven is 
hereby further amended by striking out section one hundred 
and seven, as so appearing, and inserting in place thereof 
the following: — Section 107. No person shall convey or 
cause to be conveyed through or from any town in the com- 
monwealth the body of any person who has died from any 
disease dangerous to the public health, except in accordance 
with such rules and regulations as may be made from time 
to time by the department. No town clerk, or clerk or 
agent of the board of health, shall give a permit for the 
removal of such a body until he has received from the board 
of health of the town where the death occurred a certificate 
stating the cause of death, and that said body has been 
prepared so as to preclude danger of contagion or infection 
by its transportation. The certificate shall be delivered to 
the agent or person receiving the body. The department 
shall formulate such rules and regulations pertaining to 
funerals of all persons dying from any disease dangerous to 



Acts, 1938. — Chap. 265. 233 

the public health as it deems necessary to prevent the spread 
of infection. Whoever violates any provision of this section 
or any rule or regulation made hereunder shall forfeit not 
more than twenty-five dollars. 

Section 13. Said chapter one hundred and eleven is g. l. (Ter. 
hereby further amended by striking out section one hundred f 169, amended 
and nine, as so appearing, and inserting in place thereof 
the following: — Section 109. A householder who knows or Householder 
has cause to believe that a person in his family or house is of din*ger°oi^^ 
infected with a disease dangerous to the public health shall diseases. 
forthwith give notice thereof to the board of health of the 
town where such householder dwells, unless a physician is 
in attendance. Upon the death, recovery or removal of 
such person, the householder shall disinfect to the satisfac- 
tion of the board such rooms of his house and articles therein 
as, in the opinion of the board, have been exposed to infec- 
tion or contagion, but the board may in its discretion, dis- 
infect all such premises as, in its opinion, have been exposed 
to any disease dangerous to the public health, at the ex- 
pense of the town, and may employ any proper and com- 
petent person to so disinfect. Whoever violates any pro- 
vision of this section shall be punished by a fine of not 
more than one hundred dollars. 

Section 14. Said chapter one hundred and eleven is g. l. (Ter. 
hereby further amended by striking out section one hun- f ii\/amended. 
dred and eleven, as so appearing, and inserting in place 
thereof the following: — Section 111. If a physician knows Physicians to 
or has cause to believe that a person whom he visits is in- !1F°J' "^fitf 
fected with a disease dangerous to the public health, or if fected with 

• j.1 c • e J. 1. -L j.i_ !•• certain diseases. 

either eye 01 an ml ant whom or whose mother a phj^sician, 
or a hospital medical officer registered under section nine of 
chapter one hundred and twelve, visits, becomes inflamed, 
swollen and red, or shows an unnatural discharge within 
two weeks after birth, he shall immediatelj^ give written 
notice thereof, signed by him, to the board of health of the 
town where the patient is being attended by him. If 
the board of health which receives such written notice is 
the board of health of a town other than that wherein the 
patient dwells, it shall, immediately upon receipt of such 
notice, send a copy thereof to the board of health of the 
town wherein the patient dwells; and, in addition thereto, 
the board of health which receives such written notice, 
whether or not it is the board of health of the town wherein 
the patient dwells, shall send a copy thereof to the board 
of health of the town in which the patient is known to have 
contracted such disease and to the board of health of each 
town in which he is known to have exposed any person to 
such disease. If a physician or such a hospital medical 
officer refuses or neglects to give the notice required by this 
section he shall be punished by a fine of not less than fifty 
nor more than two hundred dollars. 

The foregoing provisions of this section and the provi- 
sions of section one hundred and nine shall not apply to 



234 



Acts, 1938. — Chap. 265. 



G. L. (Ter. 

Ed.), 111. 

§ 112, amended. 



Local board 
to notify 
department. 



G. L. (Ter. 

Ed.), 111. 

§ 113, amended. 



Records and 
reporting of 
dangerous 
diseases. 



G. L. (Ter. 
Ed), 111, 
§§ 176-180, 
inclusive, 
repealed. 



gonorrhea and syphilis, except in the case of eye infections 
in infants under two weeks of age. Any person having 
either of said diseases shall be reported to local boards of 
health, either directly or through the department, in accord- 
ance with such special rules and regulations as the depart- 
ment may make, having due regard for the best interests of 
the pubUc. 

Section 15. Section one hundred and twelve of said 
chapter one hundred and eleven, as so appearing, is hereby 
amended by striking out all after the word "welfare" in the 
sixth line, — so as to read as follows: — Section 112. If the 
board of health of a town has had notice of a case of any 
disease declared by the department dangerous to the pub- 
He health therein, it shall within twenty-four hours there- 
after give notice thereof to the department, stating the 
name and the location of the patient 'so afflicted, and upon 
request the department shall forthwith certify any such 
reports to the department of public welfare. 

Section 16. Said chapter one hundred and eleven is 
hereby further amended by striking out section one hun- 
dred and thirteen, as so appearing, and inserting in place 
thereof the following : — Section 113. Every board of health 
shall keep a record of all reports received pursuant to sections 
one hundred and nine to one hundred and eleven, inclusive, 
containing the name and location of all persons who are 
infected, their disease, the name of the person reporting the 
case, the date of such report, and other information required 
by the department. Such records shall be kept in the 
manner or upon forms prescribed by the department. The 
board of health shall forthwith give information to the 
school committee of all diseases dangerous to the public 
health so reported to it. Every board of health shall ap- 
point some person, who may or may not be a member of 
the board, who shall give notice to the department, as pro- 
vided in the preceding section, of any person infected with 
a disease dangerous to the public health; and in case of the 
absence or disability of such appointee, the board of health 
shall appoint another person to perform this duty during 
such absence or disability. Such appointments and the ac- 
ceptance thereof by the persons so appointed shall be placed 
upon the records of the board. Any person, having ac- 
cepted such appointment, who wilfully refuses or wilfully 
neglects or through gross negligence fails to give such notices 
shall be punished by a fine of not more than fifty dollars. 

Section 17. Sections one hundred and seventy-six to 
one hundred and eighty, inclusive, of said chapter one hun- 
dred and eleven, as so appearing, are hereby repealed. 

Approved May 3, 1938. 



Acts, 1938. — Chap. 266. 235 



An Act placing certain corporations under the super- QIku) 266 
vision of the commissioner of banks, and further 
regulating banking companies. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-seven of the g. l. (Ter. 
General Laws is hereby amended by inserting after section new section 
eleven, as amended, the following new section: — Section ha. added. 
11 A. Any corporation conducting the business referred to of'Morrti°° 
in section one of chapter one hundred and seventy-two A, plan banks. 
whether or not such corporation shall have been authorized 
to do the business of a banking company under said chap- 
ter, shall be subject to the supervision of the commissioner 
and, except as otherwise provided in this section, the provi- 
sions of sections four to eight, inclusive, and ten to fourteen, 
inclusive, of said chapter shall apply to such corporation. 
Any such corporation shall carry on only such business 
and shall make only such investments as are authorized 
by said chapter; provided, that in the case of any corpora- 
tion subject to section seven A thereof, the holding and dis- 
position of assets not authorized as investments by section 
seven thereof shall be governed by said section seven A. 
The rates of interest charged on loans coming within the 
limitations of section ninety-six of chapter one hundred and 
forty by any corporation conducting the business herein- 
before referred to shall not exceed the rates established by 
the commissioner pursuant to section one hundred of chap- 
ter one hundred and forty, but whenever any such corpora- 
tion shall have been authorized to do the business of a 
banking company under said chapter one hundred and 
seventy-two A the rates of interest authorized by section 
nine of said chapter shall apply. No such corporation in- 
corporated after January first, nineteen hundred and thirty- 
eight, shall transact in this commonwealth the business 
referred to in section one of said chapter until it shall have 
received a certificate from the board of bank incorporation 
under section two of said chapter. 

Section 2. Chapter one hundred and seventy-two A of Sj^iJoT si 
the General Laws is hereby amended by striking out section etc!. 'amended. * 
one, as appearing in section four of chapter four hundred 
and fifty-two of the acts of nineteen hundred and thirty- 
five, and inserting in place thereof the following : — Sec- Banking com- 
tion 1 . Any corporation established under chapter one ^^'^^' '^^fi^^- 
hundred and fiftj'^-six which has an unimpaired paid-in capital 
of not less than fifty thousand dollars and is conducting or 
proposes to conduct within the commonwealth the business 
of loaning money on the Morris plan, so called, or upon any 
similar plan, and in connection therewith receives or pro- 
poses to receive money in one payment or in instalments 
upon certificates issued by it, may be authorized to do the 
business of a banking company in the manner and subject 
to the conditions and limitations specified in this chapter; 



236 



Acts, 1938. — Chap. 266. 



G. L. (Ter. 
Ed.), 172 A, 
new section 
lA, added. 

Application 
to existing 
companies. 



G. L. (Ter. 
Ed.), 172A, 
§ 2, amended. 



Certificate to 
do basiness. 



G. L. (Ter. 
Ed.), 172A, 
5 3, amended. 



provided, that no such corporation shall be authorized to 
do such business in any city having a population of more 
than three hundred thousand unless it has an unimpaired 
paid-in capital of not less than two hundred thousand dol- 
lars, or in any city having a population of more than one 
hundred thousand but not exceeding three hundred thou- 
sand unless it has an unimpaired paid-in capital of not less 
than one hundred thousand dollars. 

Section 3. Said chapter one hundred and seventy-two 
A is hereby further amended by inserting after section one, 
as so appearing, the following new section: — Section lA. 
Any such corporation which was incorporated prior to Janu- 
ary first, nineteen hundred and thirty-eight, and which, 
prior to said date, was conducting the business referred to in 
section one, may, if a certified public accountant, approved 
by the commissioner of banks, in this chapter called the 
commissioner, shall have filed with the commissioner a cer- 
tificate attesting that such corporation is in possession of 
the unimpaired paid-in capital required by section one, at a 
meeting duly called for the purpose, vote by a two thirds 
vote of each class of stock outstanding and entitled to vote 
to carry on the business of a banking company. 

Section 4. Section two of said chapter one hundred 
and seventy-two A, as so appearing, is hereby amended by 
inserting after the word "corporation" in the first line the 
following : — incorporated after January first, nineteen hun- 
dred and thirty-eight, — and by inserting after the word 
"outstanding" in the third fine the words: — and entitled 
to vote, — so as to read as follows : — Section 2. Any such 
corporation incorporated after January first, nineteen hun- 
dred and thirty-eight, may at a meeting duly called for the 
purpose by a two thirds vote of each class of stock out- 
standing and entitled to vote authorize an application to 
the board of bank incorporation, in this chapter referred to 
as the board, for a certificate authorizing it to carry on 
business of the character and in the manner set forth in 
this chapter in a specified city or town within the common- 
wealth. Such application shall be made in writing by the 
president or the treasurer in such form as the board shall 
approve. A notice of such application and of the time fixed 
for a hearing thereon, in such form as the board shall ap- 
prove, shall be published at least once a week for three suc- 
cessive weeks in one or more newspapers designated by the 
board and published in or nearest to the city or town in 
which the corporation proposes to carry on such business. 
If the board after a hearing shall determine that public con- 
venience and advantage will be promoted by the granting 
of the application and that the corporation is in a sound and 
safe condition to carry on such business, it shall issue such 
a certificate in such form as it shall determine. 

Section 5. Said chapter one hundred and seventy-two 
A is hereby further amended by striking out section three, 
as so appearing, and inserting in place thereof the follow- 



Acts, 1938. — Chap. 266. 237 

ing: — Section 3. In the case of a corporation referred to when author- 
in section two, within thirty days after receiving a certifi- bu^ines^° 
cate under said section, or, in the case of a corporation 
referred to in section one A, after action by its stockholders 
and the fihng of the certificate as provided in said section, 
the directors of any such corporation may, without further 
vote of its stockholders, by the procedure estabhshed by 
section forty-three of chapter one hundred and fifty-six, so 
far as applicable, change its corporate name by inserting 
therein the word "Banking" or the words "Banking Com- 
pany". Upon such change of name becoming effective such 
corporation may carry on business under this chapter and 
shall thereafter carry on no other business. Its corporate 
powers shall thereupon be deemed to be amended accord- 
ingly. It shall not thereafter be subject to the require- 
ments of sections forty-seven to fifty-one, inclusive, of said 
chapter one hundred and fifty-six. Thereafter all provi- 
sions of general law from time to time applicable to the 
increase or the reduction of the capital stock of trust com- 
panies shall apply to such corporation, and no person shall 
be a director of any such corporation unless he is a stock- 
holder of record holding unpledged shares of stock therein 
of an aggregate value of not less than one thousand dollars, 
shares of stock with par value to be computed for this pur- 
pose at their par value and shares without par value to be 
computed at the value, at the time of issue, of the cash, 
property, services or expenses for which they were issued, 
but not including paid-in surplus. 

Section 6. Section four of said chapter one hundred Sj^^J^^- 
and seventy-two A, as so appearing, is hereby amended by § 4', kmend'ed. 
striking out, in the second and third lines, the words "of 
banks, in this chapter called the commissioner," — so as to 
read as follows: — Section 4. Such corporation shall at such Returns to 
times as the commissioner orders, but not exceeding five ^"^ '"'*'^®- 
times within a calendar year, and within ten days after a 
day designated in the order, make return to the commis- 
sioner, signed and sworn to by its president and treasurer 
and not less than three of its board of directors, showing 
accurately the condition of such corporation at the close of 
business on the day designated. Said return shall be in 
such form and shall specify such items of the corporation's 
assets and liabilities as the commissioner shall prescribe. It 
shall be published at such times and in such manner as the 
commissioner shall direct by and at the expense of such 
corporation in a newspaper published in or nearest to the 
city or town where such corporation is located. 

Section 7. Section five of said chapter one hundred and g. l. (Ter. 
seventy-two A, as so appearing, is hereby amended by strik- § 5; amended. 
ing out the first paragraph and inserting in place thereof 
the following: — Such corporation may receive deposits of ^e^''^*"^ 
money in one payment or in instalments, upon certificates 
which it may issue, fixing the amount received or to be re- 
ceived thereon, the time and other terms of repayment and 



238 



Acts, 1938. — Chap. 266. 



G. L. (Ter. 
Ed.). 172A. 
new section 
7A, added. 

Application to 
existing com- 
panies of cer- 
tain provisions. 



G. L. (Ter. 
Ed.), 172A, 
§ 6, amended. 



Withdrawal 
of funds. 



the rate of interest to be paid. Deposits of money thus 
received are hereinafter in this chapter referred to as cer- 
tificate funds. No interest shall be specified in any certifi- 
cate or paid on any certificate funds in excess of five per 
cent per annum, except with the approval of the commis- 
sioner. No certificate shall be issued for an amount less 
than fifty dollars and the total amount of all certificates 
issued to any individual, estate, trust, corporation, associa- 
tion or partnership shall not exceed five thousand dollars; 
provided, that the limitations upon the issuance of certifi- 
cates imposed by this sentence shall not apply to certificates 
issued prior to October first, nineteen hundred and thirty- 
eight. 

Section 8. Said chapter one' hundred and seventy- two 
A is hereby further amended by inserting after section 
seven, as so appearing, the following new section: — Sec- 
tion 7 A. Notwithstanding the provisions of the preceding 
section, any such corporation incorporated prior to January 
first, nineteen hundred and thirty-eight, may continue to 
carry assets, including any renewals thereof or substitutions 
therefor, not authorized as investments by said section 
acquired by it prior to October first, nineteen hundred and 
thirty-eight; provided, that, prior to October first, nine- 
teen hundred and forty-three, such corporation shall sell or 
otherwise dispose of such assets, except capital stock held 
prior to January first, nineteen hundred and thirty-eight, 
of other affiliated corporations engaged in whole or in part 
in the same business and incorporated prior to said date, 
but the commissioner on petition of the directors of any 
such corporation, and for cause, may grant to such cor- 
poration additional time for the sale or other disposition of 
any or all of such assets. 

Section 9. Said chapter one hundred and seventy-two 
A is hereby further amended by striking out section six, as 
so appearing, and inserting in place thereof the following: 
— Section 6. The amount paid on any certificate, whether 
matured or not, if not pledged to the corporation, may be 
withdrawn by the certificate holder at any time as a whole 
by the surrender of his certificate, upon giving ninety days 
written notice to the treasurer of his intention so to do, 
subject, however, to such other provisions relative to repay- 
ment as are provided by the certificate; but the treasurer 
may waive such a notice, in his discretion, under such re- 
strictions as may be imposed by the directors. Upon such 
withdrawals there shall be such adjustment of interest as 
the certificate shall provide. Approved May 3, 1938. 



Acts, 1938. — Chaps. 267, 268. 239 



An Act to authorize the placing of the office of Chav. 2Q7 
soldiers' relief agent op the town of saugus under 

THE CIVIL service LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of soldiers' relief agent of the 
town of Saugus 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 of said 
office shall be unlimited, subject, however, to said laws, but 
the incumbent of said office on said effective date shall con- 
tinue to serve therein under his then current appointment 
only until the qualification of the person appointed thereto 
after a competitive civil service examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of said town at the annual town 
meeting in the year nineteen hundred and thirty-nine 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-eight, 
entitled 'An Act to authorize the placing of the Office of 
Soldiers' Rehef Agent of the Town of Saugus under Civil 
Service Laws' be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

{The foregoing was laid before the governor on the twenty- 
eighth day of April, 1938, and after five days it had "the force 
of a law", as prescribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 

An Act relative to the laying out, locating anew, QJiq^jj 268 
altering, widening and discontinuing town ways ^' 

AND streets in THE CITY OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter two hundred 
and forty of the acts of eighteen hundred and ninety-nine 
is hereby amended by striking out subsection 3 and insert- 
ing in place thereof the following : — 

3. Subject to the veto power of the mayor, as hereinbe- 
fore provided, the power, without appeal from its decision, 
to lay out, locate anew, alter, widen and discontinue town 
ways and streets and to order specific repairs or a change 
of grade therein; to order the construction of sidewalks and 
of sewers, and to- take real estate therefor. Any such tak- 
ing shall be made under chapter seventy-nine of the Gen- 
eral Laws, and any person injured in his real estate by any 
act done by said board hereunder may recover his dam- 
ages under said chapter. No town way or street shall be 
laid out, located anew, changed as to grade or otherwise, 



240 Acts, 1938. — Chap. 269. 

widened or discontinued, until a public hearing has been had, 
after notice given in accordance with the general laws re- 
lating to town ways. Said hearing may be adjourned from 
time to time. Nothing in this section shall be construed 
to exclude the jurisdiction of the county commissioners of 
Middlesex county in respect to ways, streets and highways 
in said city. 

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

Approved May 5, 1938. 

Cha'p.269 ^^ ^^^ relative to water supply sources for the 

HOUSATONIC WATER WORKS COMPANY. 

Emergency Whereas, The deferred operation of this act would tend 

pream e. ^^ dcfcat its purpose, therefore it is hereby declared to be 

an emergency law, necessary for the immediate preservation 

of the public health and convenience. 

Be it enacted, etc., as follows: 

Chapter two hundred and sixty-two of the acts of eight- 
een hundred and eighty-four is hereby amended by striking 
out section two, as incorporated by reference in chapter 
two hundred and twenty-nine of the acts of eighteen hun- 
dred and ninety-seven, and inserting in place thereof the 
following : — Section 2. Said corporation for the purposes 
aforesaid may contract with any municipality, acting 
through its water department, or with any other water 
company, or with any water district, for whatever water 
may be required, authoi-ity to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, pur- 
chase or otherwise, and hold, all the water of Long pond or 
Long lake, so called, in the town of Great Barrington, or 
the waters, or any portion thereof, of any pond, spring or 
stream, or any ground water sources, within said town not 
already appropriated for the purposes of a public supply, 
and the water and fiowage rights connected with any such 
water sources; and for said purposes may take as afore- 
said, 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 convening the same to, into and 
through the villages of Housatonic and Van Deusenville and 
their vicinage; provided, that no source of water supply or 
lands necessary for preserving the quality of the water shall 
be so taken or used without first obtaining the advice and 
approval of the state department of public health, and that 
the location and arrangement of all dams, reservoirs, wells, 
pumping and filtration plants and such other works as may 
be necessary in carrying out the provisions of this act shall 
be subject to the approval of said department. Said cor- 
poration may construct and maintain on the lands acquired 
and held under this act proper dams, wells, reservoirs, 



Acts, 1938. — Chap. 270. 241 

standpipes, tanks, pumping plants, buildings, fixtures and 
other structures including also the establishment and main- 
tenance of filter beds and purification works or systems, and 
may make excavations, procure and operate machinery and 
provide such other means and appliances, and do such other 
things as may be necessary for the establishment and main- 
tenance of complete and effective water works; and for 
that purpose may construct, lay and maintain aqueducts, 
conduits, pipes and other works under or over any land, 
watercourses, railroads, railways and public or other ways, 
and along such ways, within said town, in such manner as 
not unnecessarily to obstruct the same; and for the pur- 
poses of constructing, laying, maintaining, operating and re- 
pairing such conduits, pipes and other works, and for all 
proper purposes of this act, the corporation may dig up or 
raise and embank any such lands, highways or other ways 
in such manner as to cause the least hindrance to public 
travel on such ways; provided, that all things done upon 
any such way shall be subject to the direction of the select- 
men of said town. Said corporation shall not enter upon, 
construct or lay any conduit, pipe or other works within 
the location of any railroad corporation except at such 
time and in such manner as it may agree upon with such 
corporation, or, in case of failure so to agree, as may be 
approved by the department of public utilities. Said water 
works corporation 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 any 
lands necessary for the construction of any work or for any 
other purpose authorized by this act. 

Approved May 5, 1938. 



Chap.270 



An Act relative to certain allowances for prior 

SERVICE under CONTRIBUTORY RETIREMENT SYSTEMS FOR 
CITIES AND TOWNS. 

Whereas, The deferred operation of this act would tend ^"f^y"*'^ 
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 twenty-nine of chapter thirty- two of the General EdV'32^r29 
Laws, as appearing in section one of chapter three hundred etc.. 'amended. 
and eighteen of the acts of nineteen hundred and thirty- 
six, is hereby amended by adding at the end of clause (c) 
of paragraph (2) the following : — ; provided, that if his 
annual rate of regular compensation has been reduced as a 
part of a temporary general reduction during the preceding 
five years the annual rate shall be computed on the basis 
of the regular rate that he would have received had there 
been no such reduction, unless he shall file on or before 
July first, nineteen hundred and thirty-eight, with the head 



242 Acts, 1938. — Chaps. 271, 272. 

of his department or with the retirement board of the city 
or town, a certificate in such form as the retirement board 
shall prescribe, stating that he elects to have his retirement 
allowance computed on the basis of his salary or compen- 
sation as so reduced, — so that said clause (c) will read as 
follows : — 
Allowance for ((.) jf }^g j^g^g ^ prior scrvice certificate in full force and 
^"""^ " effect, an additional pension equal to the full life annuity 

payable at his attained age, or at the maximum retirement 
age of his group, whichever is the lesser, which would have 
resulted from accumulated deductions of ten per cent of his 
average annual rate of regular compensation, not exceeding 
fifty dollars per week, during the five years immediately 
preceding the date on which the system became operative, 
made during the period of his creditable prior service and 
accumulated with regular interest at the rate of three per 
cent to the date of his retirement; provided, that if his 
annual rate of regular compensation has been reduced as a 
part of a temporary general reduction during the preceding 
five years the annual rate shall be computed on the basis 
of the regular rate that he would have received had there 
been no such reduction, unless he shall file on or before 
July first, nineteen hundred and thirty-eight, with the head 
of his department or with the retirement board of the city 
or town, a certificate in such form as the retirement board 
shall prescribe, stating that he elects to have his retirement 
allowance computed on the basis of his salary or compensa- 
tion as so reduced. Approved May 5, 1938. 

Chap. 271 An Act authorizing malkin conservatory of music to 

GRANT THE DEGREE OF BACHELOR OF MUSIC. 

Emergency Whevcas, The deferred operation of this act would tend 

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

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

Be it enacted, etc., as follows: 

Malkin Conservatory of Music, a corporation organized 
and established under general law, is hereby authorized and 
empowered to grant to students properly accredited and rec- 
ommended by the faculty of said conservatory the degree 
of bachelor of music. Approved May 5, 1988. 

Chap. 272 An Act requiring candidates for nomination by a 

POLITICAL PARTY AT A STATE PRIMARY FOR AN OFFICE 
TO BE FILLED BY ALL THE VOTERS OF THE COMMONWEALTH 
TO BE CERTIFIED AS ENROLLED MEMBERS OF SUCH PARTY. 

Be it enacted, etc., as follows: 

G. L. (Ter. ScctioD forty-cight of chapter fifty-three of the General 

Sc!!amendtd'. Laws, as amended by section fifteen of chapter three hun- 
dred and ten of the acts of nineteen hundred and thirty-two, 



Acts, 1938. — Chaps. 273, 274. 243 

is hereby further amended by adding at the end the follow- 
ing new paragraph : — 

There shall not be printed on the ballot at a state primary Nomination 
the name of any person as a candidate for nomination for candidates 
any office to be filled by all the voters of the commonwealth, ^°yf offices. 
unless a certificate from the registrars of voters of the city 
or town where such person resides that he is enrolled as a 
member of the political party whose nomination he seeks 
is filed with the state secretary on or before the last day 
herein provided for filing nomination papers. Said regis- 
trars shall issue such a certificate forthwith upon request 
of any such candidate so enrolled or of his authorized rep- 
resentative. Approved May 5, 1938. 

An Act to consolidate the water and municipal light Chap. 273 

COMMISSIONERS AND THE BOARD OF SEWER COMMISSION- 
ERS OF THE TOWN OF WELLESLEY. 

Be it enacted, etc., as folloivs: 

Section 1. The board of sewer commissioners of the 
town of Wellesley, established under chapter five hundred 
and sixty-seven of the acts of nineteen hundred and seven, 
is hereby abolished and all the powers, duties and habiUties 
of said board are hereby transferred to the board of water 
and municipal light commissioners of said town, established 
under chapter one hundred and forty-four of the acts of 
nineteen hundred and two, which latter board shall here- 
after be known as the board of water, sewer and municipal 
light commissioners. No contracts, rights, liabilities or suits 
existing at the time of such transfer shall be affected in any 
way thereby, but said board of water, sewer and municipal 
light commissioners shall, in all respects and for all pur- 
poses whatsoever, be the lawful successors of said board of 
sewer commissioners. 

Section 2. This act shall take effect on July first in the 
current year. Approved May 5, 1938. 

An Act requiring semi-monthly payments of old age Chap. 21 4: 

assistance, so called, in certain cases. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and eighteen A of ^j^/J^g^^' 
the General Laws, as amended by section one of chapter u'etc. 
four hundred and forty of the acts of nineteen hundred '^"^«'^'^*'«^- 
and thirty-seven, is hereby further amended by inserting 
after the word "requests" in the thirtj^-second line the 
words : — , shall be paid semi-monthly unless the applicant 
prefers less frequent payments, — so that the last sentence 
will read as follows: — Such assistance shall be paid by check Semi-monthiy 
or in cash, which shall be delivered to the applicant at his p^^'"®'^'^- 
residence if he so requests, shall be paid semi-monthly un- 
less the applicant prefers less frequent payments, and shall, 



244 



Acts, 1938. — Chaps. 275, 276. 



except as hereinafter provided, be at a rate of not less than 
thirty dollars monthly for each recipient, or, in case of a 
husband and wiie living together, both of whom are eligible 
for such assistance, not less than fifty dollars monthly for 
both, or, in case of sisters or brothers or sisters and brothers 
living together, all of whom are so ehgible, not less than 
fifty dollars monthly for two, and not less than fifteen dol- 
lars monthly for each additional brother or sister so eligible. 

Approved May 5, 1938. 



Chap, 



G. L. (Ter. 
Ed.). 117, I 14, 
etc., amended. 



Relief not to 
be reduced in 
certain cases. 



275 An Act providing that amounts recoverable from 

ANY municipality FOR WELFARE RELIEF PROVIDED FOR 
PERSONS HAVING A LAWFUL SETTLEMENT THEREIN SHALL 
NOT BE REDUCED ON ACCOUNT OF WORK OR SERVICE REN- 
DERED IN RETURN FOR SUCH RELIEF. 

Be it enacted, etc., as follows: 

Section fourteen of chapter one hundred and seventeen 
of the General Laws, as most recently amended by chapter 
one hundred and thirteen of the acts of nineteen hundred 
and thirty-seven, is hereby further amended by inserting 
after the word "decease" in the eleventh Une the words: — 
, without reduction on account of work or service rendered 
by them in return for such relief, — so as to read as follows : 
— Section 14- Boards of public welfare in their respective 
towns shall provide for the immediate comfort and relief of 
all persons residing or found therein, having lawful settle- 
ments in other towns, in distress and standing in need of 
immediate relief, until removed to the towns of their lawful 
settlements. Any such board may require persons receiving 
such relief to work in return therefor in the infirmary, or in 
such other manner as the town directs, or otherwise at the 
discretion of the board. The expense of such relief and of 
their removal, or burial in case of their decease, without 
reduction on account of work or service rendered by them 
in return for such relief, may be recovered in contract 
against the town liable therefor, if commenced within two 
years after the cause of action arises; but nothing shall be 
recovered for rehef furnished more than three months prior 
to notice thereof given to the defendant. 

Approved May 5, 1938. 



Chap. 21^ An Act authorizing the county commissioners of Mid- 
dlesex COUNTY TO PLTICHASE AND INSTALL ELECTRICAL 
generators for the MIDDLESEX COUNTY HOUSE OF COR- 
RECTION AT BILLERICA. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Middlesex 
county are hereby authorized to raise and expend a sum 
not exceeding thirty thousand dollars for the purchase and 
installation of electrical generators in the Middlesex county 



Acts, 1938. — Chap. 277. 245 

house of correction at Billerica. For the purposes afore- 
said, the county treasurer of said county, with the approval 
of the county commissioners, may borrow from time to 
time on the credit of the county such sums as may be neces- 
sary, not exceeding, in the aggregate, thirty thousand dol- 
lars, and may issue bonds or notes therefor, which shall bear 
on their face the words, Middlesex County, Billerica House 
of Correction Loan, Act of 1938. Each authorized issue 
shall constitute a separate loan. Such bonds or notes shall 
be payable in not more than three years from their dates of 
issue, and shall be signed by the treasurer of the county and 
countersigned by a majority of the county commissioners. 
The county may sell said securities at public or private sale 
upon such terms and conditions as said county commissioners 
may deem proper, but not for less than their par value. In- 
debtedness 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 full effect upon its ac- 
ceptance, during the current year, by the county commis- 
sioners of said county, but not otherwise. 

Approved May 5, 1938. 



An Act relative to the retirement allowances of Chap. 277 

FIREMEN AND POLICE OFFICERS IN CERTAIN CITIES. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-one of chapter thirty-two of g. l. (Ter. 
the General Laws, as amended by chapter one hundred and etc!, 'amended. 
three of the acts of nineteen hundred and thirty-three, is 
hereby further amended by striking out, in the fourth and 
fifth lines, the words ''annual salary or other compensation 
received" and inserting in place thereof the words: — high- 
est salary or other compensation received by him while he 
was holding the grade held, — so as to read as follows: — 
Section 81. Any permanent member of a fire department Pensions, 
retired under the preceding section shall receive an annual '*"*°"°* °^- 
pension, payable weekly or monthly, equal to one half of 
the highest salary or other compensation received by him 
while he was holding the grade held by him at his retire- 
ment. The pension of any call or substitute call fireman 
retired under said section shall be the same as that of a per- 
manent member of the first grade of the same department 
in which he served, or, if there be no grades, his compensa- 
tion shall be that of a permanent member of the department 
performing duties like those which he performed. 

Section 2. Section eighty-three of said chapter thirty- S^^iJ^J- - 
two, as amended by section two of chapter four hundred etc!, 'amended, 
and thirty-nine of the acts of nineteen hundred and thirty- 
six, is hereby further amended by striking out, in the twenty- 
seventh and twenty-eighth lines, the words "compensation 
received" and inserting in place thereof the words: — the 



246 



Acts, 1938. — Chap. 278. 



Pensions for 
police in cities. 



Application 
of act. 



highest compensation received by him while he was holding 
the grade held, -^ so as to read as follows : — Section 83. 
In every city, except Boston, which, by vote of its city council, 
accepts this section or has accepted corresponding provi- 
sions of earlier laws, the mayor and aldermen, or the board 
of police where such a board is established, shall, at his 
own request or at the request of the chief or superintend- 
ent of police if, in the judgment of said board or officer, he 
is disabled for useful service in said department, retire from 
active service and place upon a pension roll any member of 
the police department of such city whom the city physician 
of such city certifies in writing to be permanently disabled, 
mentally or physically, by injuries sustained through no 
fault of his own in the actual performance of duty, from 
further performing duty as such member, or any member 
of said department who has performed faithful service 
therein for not less than twenty years continuously if, in 
the judgment of said board or officer, such member is dis- 
abled for useful service in the department; provided, that 
any permanent member of said department who has per- 
formed faithful service therein for twenty-five years as 
aforesaid shall, at any time after attaining the age of sixty 
and before attaining the age of seventy, be retired at his 
request and shall, on attaining the age of seventy, be re- 
tired without any request on his part, and no other perma- 
nent member of said department shall remain in service 
after he has attained or shall attain the age of seventy. 
Every member so retired shall annually receive as a pension 
one half the amount of the highest compensation received 
by him while he was holding the grade held by him at his 
retirement, such amount to be paid by the city, which shall 
appropriate money therefor. 

The board of police, or the mayor in cities having no 
such board, may in an emergency call upon any person so 
pensioned for such temporary service in the department as 
he may be fitted to perform, and during such service he 
shall be entitled to full pay. 

Section 3. This act shall apply to the retirement al- 
lowances of firemen and police officers retired since January 
first, nineteen hundred and thirty-one, and prior to the 
effective date of this act as well as to those retired after 
said effective date, subject, however, to the provisions of 
section eighty-five C of chapter thirty-two of the General 
Laws. Approved May 5, 1938. 



Chap. 27 8 An Act to permit recovery in certain death cases 

NOTWITHSTANDING THAT THE DEATH OF THE TORTFEASOR 
OCCURRED BEFORE THAT OF THE PERSON WHOSE DEATH HE 
CAUSED. 

Be it enacted, etc., as follows: 

Ed ^"229'^" Section 1. Chapter two hundred and twenty-nine of 

new section the General Laws is hereby amended by inserting after sec- 

5A, added. 



Acts, 1938. — Chaps. 279, 280. 247 

tion five, as amended, the following new section : — Sec- Action against 
Hon 5 A. The causing of a death under such circumstances dec^ea^s^* 
as would create liability under section one, two, four or five ^ertakf cases 
on the part of a person, if alive at the time of such death, 
shall create a like liability on his part if such death occurs 
after his own death, and such liability may be enforced 
against the executor or administrator of his estate, subject 
to all provisions of law otherwise applicable. 

Section 2. This act shall become effective on January Effective 
first, nineteen hundred and thirty-nine, and shall apply **^' 
only in the case of deaths occurring on or after said date. 

Ay-proved May 5, 1938. 

An Act relative to the equal sharing of milk sales by Chap.279 

PRODUCER DEALERS, SO CALLED. 

Be it enacted, etc., as follows: 

Section fifteen of chapter three hundred and seventy-six 
of the acts of nineteen hundred and thirty-four is hereby 
amended by adding at the end of paragraph (B) the follow- 
ing sentence: — Each such order may provide rules and 
regulations for the sharing of the sales of milk sold for con- 
sumption as fluid milk and the sales of milk sold, or milk 
used, for other purposes than fluid consumption, on an equal 
basis between milk dealers who are also producers, and the 
producers from whom milk is purchased by such dealers; 
provided, that such dealer buys more than ten per cent of 
his milk for fluid milk sales from producers during any 
pay period. Approved May 5, 1938. 



An Act providing for the appointment of assistant C/iap. 280 

REGISTRARS OF VOTERS IN TOWNS. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter fifty-one of the General EdV'57l'22 
Laws, as appearing in the Tercentenary Edition, is hereby amended. 
amended by inserting after the word "cities" in the first 
line the words: — and towns, — so as to read as follows: — 
Section 22. The registrars in cities and towns may ap- Appointment 
point assistant registrars for the term of one year, beginning ?e^strars'^*^ 
with April first, unless sooner removed by the registrars, °^ voters. 
and they shall, as nearly as may be, equally represent the 
different political parties. Assistant registrars shall be sub- 
ject to the same obligations and penalties as registrars. Reg- 
istrars may remove an assistant registrar, and may fill a 
vacancy for the remainder of the term. Except in the city 
of Boston, persons appointed to serve temporarily as assist- 
ant registrars shall not be subject to chapter thirty-one. 

Approved May 5, 1938. 



248 



Acts, 1938. — Chap. 281. 



G. L. (Ter. 
Ed.). 54, § 26. 
amended. 



Sessions of 
registrars. 



ChaV 281 ^^ ^^^ RELATIVE TO VOTING BY CHALLENGED VOTERS AT 
POLLING PLACES WHERE VOTING MACHINES ARE USED, AND 
TO THE COUNTING AND RECOUNTING OF VOTES WHERE 
SUCH MACHINES ARE USED. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six of chapter fifty-four of 
the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out, in the first and 
second Unes, the words "Except where voting machines are 
used as provided in section thirty-four, the" and inserting 
in place thereof the word : — The, — so as to read as fol- 
lows : — Section 26. The state secretary shall, at the ex- 
pense of the commonwealth, provide every city and town 
for use at every polling place therein with a state ballot box 
and counting apparatus approved by the board of voting 
machine examiners as provided in section thirty-two. Bal- 
lot boxes shall be purchased by the secretary at a price not 
exceeding seventy dollars each. 

Section 2. Section thirty-four of said chapter fifty-four, 
as amended by section one of chapter two hundred and five 
of the acts of nineteen hundred and thirty-six, is hereby 
further amended by striking out the second paragraph. 

Section 3. Said chapter fifty-four is hereby further 
amended by inserting after section thirty-five, as appearing 
in the Tercentenary Edition, the two following new sec- 
tions: — Section 85 A. At polling places at which voting 
machines are used, ballots cast by challenged voters, and 
absent voting ballots cast at elections where such voting is 
permitted by law, shall be deposited in the ballot boxes pro- 
vided in accordance with law. For such polling places, the 
state secretary or the city or town clerk, as the case may 
be, shall prepare, for the use of voters voting in person 
whose right to vote is challenged, ofiicial ballots marked 
"Challenged Ballots" in large type on the back thereof 
when folded, and may use for such purpose official absent 
voting ballots marked as aforesaid. Any such official ab- 
sent voting ballot so used shall be an official ballot, as such 
term is used in section thirty-five B. For each such polling 
place, the officer aforesaid shall provide ballots so marked 
to a number not less than five for each hundred registered 
voters entitled to vote thereat. 

Section 35 B. If the right of a person offering to vote 
by the use of such a machine is challenged, said person 
shall not be permitted to cast his vote by the use thereof, 
but shall be supplied by the presiding officer at the polling 
place with an official ballot prepared under section thirty- 
five A, which shall be received, subject to section eighty- 
five. Upon the deposit of such ballot in the ballot box, the 
election officers having charge of the voting lists shall cause 
to be placed thereon, opposite the name of the person cast- 
ing such ballot, the letters in capitals "C. V." 



G. L. (Ter. 
Ed.). 54, § 34. 
etc., amended. 



G. L. (Ter. 
Ed.), 54, new 
sections 35A. 
35B, added. 

Challenged 
and absent 
voting ballots 
to be deposited 
in ballot boxes. 



Challenged 
voter to be 
furnished an 
official ballot. 



Acts, 1938. — Chap. 281. 249 

In counting the votes at polling places where voting ma- 
chines are used, total sheets shall be used upon which shall 
be set down the total vote for each candidate and each ques- 
tion as recorded by the voting machines. The totals of 
ballots cast by challenged voters and of absent voting bal- 
lots cast shall be recorded separately on said sheets or on 
separate total sheets and added to the total vote cast by 
the use of voting machines for each candidate and for 
each question. All such total sheets shall be sealed up 
in envelopes and transmitted to the city or town clerk 
with the ballots, voting lists and records of the election 
officers. 

All provisions of law relative to primaries and elections, 
so far as applicable to the use of voting machines and not 
inconsistent with this section or section thirty-five A or 
thirty-five B, shall apply to all primaries and elections held 
at polling places where voting machines are used. 

Section 4. Section one hundred and thirty-five of ^-A'- ^J^^- 
chapter fifty-four of the General Laws, as most recently § 135, etc., 
amended by sections one and two of chapter two hundred ^'"^'i^'^- 
and fifty of the acts of the current year, is hereby further 
amended by inserting after the first paragraph the following 
new paragraph : — • 

In cases of recounts at elections where voting machines Recounts 
have been used the city or town clerk shall transmit to the machliTes''"^ 
registrars the records of the election officers, the envelopes are used, 
containing the total sheets showing the votes recorded by 
the voting machines, cast by challenged voters and cast by 
absent voting ballots, respectively, and containing the bal- 
lots cast by challenged voters and the absent voting ballots 
cast. 

Section 5. Said chapter fifty-four is hereby amended Ss^ip""- 
by inserting after section one hundred and thirty-five, as new section 
amended, the following new section: — Section 135 A. The i^oa, added, 
recount of any election in an election district where voting conducting 
machines are used shall consist of the checking with the recount. 
records and voting lists of the total sheets containing the 
results of the votes counted, including those cast by voting 
machines, by ballots of challenged voters and by absent 
voting ballots; also the rejection or counting of ballots cast 
by challenged voters and the counting of absent voting 
ballots cast, the determination of the questions raised by the 
petition for recount, the retabulation of the results, and the 
certification of the corrected results to the city or town 
clerk. Upon completion of such recount such records, 
total sheets, voting lists and ballots shall be returned to 
the city or town clerk, after being sealed up in their proper 
envelopes, in the manner and with the certificate required 
by section one hundred and thirty-five. 

Section 6. Section sixty of said chapter fifty-four, as g. l. (Ter. 
appearing in the Tercentenary Edition, is hereby amended amended ^^''' 
by adding at the end the words : — and in section thirty- 
five A, — so that the last sentence will read as follows : — 



250 



Acts, 1938. —Chap. 282. 



Specimen 
ballots, etc. 



No ballots or specimen ballots shall be delivered by city or 
town clerks except as provided herein and in section thirty- 
five A. Approved May 6, 1938. 



Chap. 282 An Act further regulating the submission to the 

VOTERS OF THE SEVERAL COUNTIES OF THE QUESTION OF 
THE LICENSING OF HORSE AND DOG RACES AT WHICH THE 
PARI-MUTUEL SYSTEM OF BETTING SHALL BE PERMITTED. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 128A, 
§ 14, etc., 
amended. 



Referendimi 
to counties 
on horse and 
dog racing. 



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

Be it enacted, etc., as follows: 

Section fourteen of chapter one hundred and twenty- 
eight A of the General Laws, as most recently amended by 
section two of chapter two hundred and fifty-three of the 
acts of nineteen hundred and thirty-six, is hereby further 
amended by striking out, in the tenth line, the words "year 
nineteen hundred and thirty-four" and inserting in place 
thereof the words : — years nineteen hundred and thirty- 
four and nineteen hundred and thirty-eight, and in every 
fourth year thereafter, — and by striking out the paragraph 
contained in the sixteenth to the twenty-fourth lines, in- 
clusive, as so amended, — so as to read as follows: — Sec- 
tion 14- Licenses shall not be granted under this chapter 
for the holding or conducting of any horse racing meeting 
or any dog racing meeting within any county unless a ma- 
jority 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 provided, 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 years nineteen hundred and thirty-four 
and nineteen hundred and thirty-eight, and in every fourth 
year thereafter, 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? 

If a majority of the votes cast in a county in answer to 
question 1 are in the affirmative, such county shall be taken 
to have authorized the licensing of horse races therein at 
which the pari-mutuel system of betting shall be 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 permitted. 

Approved May 6, 1938. 



YES. 




NO. 






YES. 




NO. 





Acts, 1938. — Chap. 283. 251 



An Act relative to sewer assessments in the town of Cha7).2SS 

STOUGHTON. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter eighty-six of the acts 
of nineteen hundred and eleven is hereby amended by 
striking out the proviso contained in the thirty-fourth to the 
forty-fourth lines, inclusive, and inserting in place thereof 
the following: — provided, that said board may, and on the 
written request of any such owner made within the said 
three months shall, apportion such assessment into ten 
equal parts or assessments; and said board shall certify 
such apportionment to the assessors of the town, and one 
of said parts or installments, with interest, from the date of 
commitment to the collector to the date when interest on 
taxes becomes due and payable, at six per cent per annum, 
on the unpaid balance, shall be added by the assessors to the 
annual tax on such estate for each year next ensuing, until 
all of said parts have so been added, unless sooner paid as 
hereinafter provided, 

Section 2. Said chapter eighty-six is hereby further 
amended by striking out section eight and inserting in place 
thereof the following : — Section S. Any person aggrieved 
by such assessment may, within six months after notice of 
such assessment has been sent out by the collector, file with 
said board of sewer commissioners a petition for an abate- 
ment thereof, and said board shall, before such assessment 
is added to the tax bill, grant such abatement as may be 
necessary to make such assessment conform to section six. 
Such petition may be filed with the clerk or secretary of 
said board, or delivered by mail or otherwise at its office. 
Said board shall within ten days after their decision upon 
the petition give written notice thereof to the petitioner. 
The petitioner shall have a right of appeal in accordance 
with the provisions of sections seven, eight, nine and ten 
of chapter eighty of the General Laws. If an assessment 
is abated by the board or by the appellate tribunal the as- 
sessment so determined shall stand as the assessment upon 
the land, and if it has not been paid shall be collected in the 
same manner as the original assessment. If the assessment 
has been paid, the person by whom it was paid shall be reim- 
bursed b}^ the town to the amount of the abatement allowed, 
with interest at the rate of six per cent per annum from the 
time of payment. 

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

Approved May 6, 1938. 



252 



Acts, 1938. — Chaps. 284, 285, 286. 



Chap. 2S4: ^'^ ^^^ PROVIDING FOR THE ELECTION BY AND FROM THE 
MEMBERS OF THE CONTRIBUTORY RETIREMENT SYSTEM IN 
A CITY OR TOWN OF ONE MEMBER OF THE RETIREMENT 
BOARD OF SAID SYSTEM. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 32, § 31F, 
amended. 



Member of 
local retire- 
ment board. 
Election. 



Application 
of act. 



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. Paragraph (1) of section thirty-one F of 
chapter thirty-two of the General Laws is hereby amended 
by striking out clause (c), as appearing in section one of 
chapter three hundred and eighteen of the acts of nineteen 
hundred and thirty-six, and inserting in place thereof the 
following : — 

(c) One person who shall be a member of the system, to 
be elected by the members thereof, in a manner to be deter- 
mined, in a city, by the mayor or, in a town, by the select- 
men, to serve for a term of one year from the date of his 
election and until the qualification of his successor. 

Section 2. Nothing in this act shall affect the term of 
office of any member of a retirement board in a city or 
town appointed thereto prior to the effective date of this 
act. Approved May 6, 1938. 



Chap. 285 An Act expediting decisions of appeal boards under 

THE OLD AGE ASSISTANCE LAW, SO CALLED. 



G. L. (Ter. 
Ed.), 118A, 
§ 3, etc., 
amended. 



Expediting 
decisions. 



Be it enacted, etc., as follows: 

Section three of chapter one hundred and eighteen A of 
the General Laws, as most recently amended by section 
three of chapter four hundred and forty of the acts of nine- 
teen hundred and thirty-seven, is hereby further amended 
by striking out the last sentence and inserting in place 
thereof the following : — Every decision of the appeal board 
upon such an appeal shall be rendered not later than sixty 
days after the claim of appeal was filed, and shall be binding 
upon the local board of public welfare or bureau of old age 
assistance involved and shall be complied with by such 
local board or bureau. Approved May 6, 1938. 



Chap. 286 An Act relative to the powers of the r. s. robie em- 
ployees' BENEFIT association. 

Be it enacted, etc., as follows: 

R. S. Robie Employees' Benefit Association, a fraternal 
benefit society incorporated under chapter one hundred and 
seventy-six of the General Laws, is hereby authorized to 
include in its membership the employees and ex-employees 
of Nutter's System Incorporated and of R. S. Robie, Inc., 



Acts, 1938. — Chaps. 287, 288, 289. 253 

both of which are Massachusetts corporations, said associa- 
tion to be governed by a direct vote of its members without 
the lodge system; but said association, as now or here- 
after constituted, and its officers and members shall other- 
wise be subject to all pertinent provisions of said chapter 
one hundred and seventy-six. Approved May 6, 1938. 

An Act relative to the personnel of the listing board QJidq) 287 

IN THE CITY OF BOSTON, AND REPEALING THE PROVISIONS 
OF LAW REQUIRING SAID BOARD TO TRANSMIT COPIES OF 
CERTAIN LISTS, AND TO FURNISH CERTAIN INFORMATION, 
TO THE ELECTION COMMISSIONERS OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Chapter twenty-nine of the General Acts 
of nineteen hundred and seventeen is hereby amended by 
striking out section seven and inserting in place thereof the 
following : — Section 7. In Boston there shall be a listing 
board composed of the police commissioner of the city and 
the board of election commissioners. In case of disagree- 
ment between the members of the listing board, the chief 
justice of the municipal court of the city of Boston, or, in 
case of his disability, the senior justice of said court who is 
not disabled, shall, for the purpose of settling such disagree- 
ment, be a member of said listing board and shall preside 
and cast the deciding vote in case of a tie. 

Section 2. Section nine of said chapter twenty-nine, as 
amended by section two of chapter one hundred and four- 
teen of the acts of nineteen hundred and twenty-one, is 
hereby repealed. Approved May 6, 1938. 

An Act relative to the personnel of the listing board Chap. 288 

IN THE city of CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section eight of chapter two hundred and eighty-two of 
the General Acts of nineteen hundred and eighteen, as 
amended by section eight of chapter two hundred and 
thirty-nine of the acts of nineteen hundred and twenty-one, 
is hereby further amended by striking out, in the last line, 
the words "ex officiis", — so as to read as follows: — Sec- 
tion 8. There is hereby established in the city of Cambridge 
a listing board composed of the chief of police of the city and 
the board of election commissioners. 

Approved May 6, 1938. 



An Act relative to the personnel of the listing 
board in the city of lowell. 

Be it enacted, etc., as follows: 

Section five of chapter one hundred and fifty-four of the 
acts of nineteen hundred and twenty, inserted by section 



C/iap.289 



254 Acts, 1938. —Chaps. 290, 291. 

two of chapter one hundred and thirty-one of the acts of 
nineteen hundred and twenty-three, is hereby amended by 
striking out, in the last hne, the words "ex officiis", — so 
as to read as follows : — Section 5. There is hereby estab- 
hshed in the city of Lowell a hsting board composed of the 
chief of police of the city and the members of the election 
commission. Approved May 6, 1938. 

Chap. 2^0 An Act to authorize the placing of the office of 

SUPERINTENDENT OF BUILDINGS OF THE TOWN OF SAUGUS 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of buildings of 
the town of Saugus shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations, and the tenure of office of any incumbent of 
said office shall be unlimited, subject, however, to said 
laws, but the incumbent of said office on said effective date 
shall continue to serve therein under his then current ap- 
pointment only until the qualification of the person appointed 
thereto after a competitive civil service examination. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of said town at the annual town meet- 
ing in the year nineteen hundred and thirty-nine in the 
form of the follow^ing 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-eight, entitled 'An 
Act to authorize the placing of the Office of Superintendent 
of Buildings of the Town of Saugus under the Civil Service 
Laws' be accepted?" If a majority of the votes in answer 
to said question is in the affirmative, then this act shall 
thereupon take full effect, but not otherwise. 

(The foregoing was laid before the governor on the third day 
of May, 1938, and after five days it had ''the force of a law", 
as prescribed by the constitution, as it was not returned by 
him with his objections thereto within that time.) 

Chap. 291 An Act reviving and extending the existence of the 

mashpee advisory commission. 

Emergency 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 one of chapter two hundred and 
twenty-three of the acts of nineteen hundred and thirty- 
two, as amended by section one of chapter two hundred 
and sixty-six of the acts of nineteen hundred and thirty-five, 
is hereby further amended by striking out, in the ninth 



preamble 



Acts, 1938. -(hap. 292. 255 

line, the word "thirty-eight" and inserting in place thereof 
the word: — forty-one, — and by striking out, in the seven- 
teenth line, the words "said town" and inserting in place 
thereof the words : — the town of Mashpee, — so as to read 
as follows : — Section 1 . There is hereby established an 
unpaid commission, under the title of the Mashpee Ad- 
visory Commission, hereinafter called the commission, to 
consist of three members, each of whom shall be the head of 
a state department or the head of a division thereof, desig- 
nated by the governor, with the advice and consent of the 
council, and shall serve for a period terminating April 
fifteenth, nineteen hundred and forty-one. The governor, 
with like advice and consent, shall, from time to time, 
designate one of the members as chairman, may remove 
any member and shall fill any vacanc}^ in the commission 
for the unexpired term. The action of any two of the mem- 
bers shall constitute the action of the commission; and 
whenever any action by the commission is required to be 
in writing, such writing shall be sufficient when signed bj^ 
any two of the members. The commission may employ, 
at the expense of the town of Mashpee, such assistants as 
it may deem necessary. The commission may assign for 
specific or general employment one or more persons within 
a state department or division in charge of any member of 
the commission, and any expense incurred by reason of such 
assignment shall be certified by the commission to the state 
treasurer, and shall be collected by him as an additional 
state tax upon said town. 

Section 2. Said Mashpee Advisory Commission is 
hereby revived and its acts and proceedings after April 
fifteenth in the current year and prior to the effective date 
of this act are hereby validated and confirmed to the same 
extent as if the existence of said commission had not ter- 
minated on said April fifteenth. 

Approved May 10, 1938. 



An Act authorizing the town of blackstone to bor- 
row MONEY FOR HIGH SCHOOL, TOW^N HALL AND FIRE 
ENGINE HOUSE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an addition 
to its high school and to its town hall and originally fur- 
nishing and equipping said additions, of making the neces- 
sary alterations to the existing high school and town hall, 
and of making certain necessary alterations to its fire engine 
house, so called, the town of Blackstone may borrow from 
time to time, within a period of five years from the passage 
of this act, such sums of money as may be necessary, not 
exceeding, in the aggregate, sixty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Blackstone High School, Town Hall and 



C/iap.292 



256 Acts, 1938. - Chaps. 293, 294. 

Engine House Loan, Act of 1938. Each authorized issue 
shall constitute a separate loan, and such loans shall be paid 
in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be within the statutory 
limit, but shall, except as provided herein, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved May 10, 1938. 

Chap. 293 An Act to extend the territorial jurisdiction of 

CERTAIN POLICE OFFICERS EMPLOYED TO PROTECT PUBLIC 
SOURCES OF W^ATER SUPPLY FROM POLLUTION. 

Emergency 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: 

G. L. (Ter. Chapter one hundred and eleven of the General Laws is 

new section hereby amended by inserting after section one hundred and 
173A. added, scvcuty-three, as appearing in the Tercentenary Edition, the 
^oiTce' officers fo^lowing ucw sectiou : — Section 173 A. Police employed 
m water "^^^ by the Water board or board of water commissioners of 
supply areas. ^ ^-^^^ towu or Water distHct, a public institution or 
water company, and duly appointed in one of the cities or 
towns within an area from which water is being supplied 
under the direction of such board, institution or company, 
or over which such board, institution or company has con- 
trol, or where such water is furnished by such city, town, 
district, institution or company shall within and throughout 
any or all of such areas have all the powers and duties of 
police officers of cities and towns. 

Approved May 10, 1938. 

Chap. 29^ An Act relative to the connection by the town of 

BELMONT OF ITS STORM WATER DRAINS WITH LIKE DRAINS 
IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge and the town of 
Belmont may enter into agreements providing for the con- 
nection of storm water drains constructed or to be con- 
structed by said town with like drains constructed or to be 
constructed by said city, at definite points in said city to 
be determined by such agreements, and granting to said 
town the right to drain its storm waters through certain 
storm water drains of said city and to lay, construct and 
maintain pipes and manholes and do all work necessary or 
incidental to making and keeping in repair such connections 
within said city. Such agreements shall state the terms 



Acts, 1938. — Chaps. 295, 296. 257 

and conditions upon which the connections therein pro- 
vided for shall be made, which may include payments by 
either part}^ to the other, and shall be recorded by the 
respective clerks of said city and town. Said town is hereby 
authorized to do any work in ways in said city or on land 
owned by said city provided for by any such agreement 
and to drain its storm waters in accordance therewith. 
Said city and said town may take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, such lands, rights of way and 
easements as may be necessary for carrying out any such 
agreement. 

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

Approved May 10, 1938. 

An Act clarifying the one day's rest in seven law Chap. 2^5 

WITH respect to RESTAURANTS. 

Whe7-eas, 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: 

Chapter one hundred and forty-nine of the General Laws g. l. (Ter. 
is hereby amended by striking out section forty-nine, as |^49;et1;^; 
amended by chapter two hundred and twenty-one of the amended, 
acts of nineteen hundred and thirty-seven, and inserting in 
place thereof the following : — Section 1^9. The two pre- Limitation 
ceding sections shall not apply to establishments used for sections'" 
the manufacture or distribution of gas, electricity, milk or 
water, hotels, drug stores, livery stables or garages, nor to 
the transportation of food, nor to the sale or delivery of 
food by or in establishments other than restaurants. 

Approved May 10, 1938. 

An Act authorizing the carrying of certain weapons Qfidj) 296 

BY SHERIFFS, DEPUTY SHERIFFS AND SPECIAL SHERIFFS, 
AND CERTAIN OFFICERS IN THE DEPARTMENT OF COR- 
RECTION. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-seven of the General Ed^m"^' 
Laws is hereby amended by inserting after section eight, as new section 
appearing in the Tercentenary Edition, the following new ^^' ^'^^^^• 
section : — Section 8 A . A sheriff, and any of his deputies if sheriff, etc.. 
so authorized by him, and the commissioner of correction, "am weapons. 
and the deputy commissioners and any other officer of the 
department of correction or of the institutions under its 
supervision if so authorized by said commissioner, may 
carry revolvers, clubs, handcuffs and twisters and such 
other weapons as are necessary in the performance of their 
duties. Approved May 10, 1938. 



258 



Acts, 1938. — Chaps. 297, 298. 



G. L. (Ter. 
Ed.). 31, 
§ 46C, etc.. 
amended. 



Reinstatement 
of employees 
separated from 
civil service 
due to fault or 
delinquency. 



Chap. 297 An Act relative to separations from and reinstate- 
ments IN THE .CLASSIFIED CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirt3'--one of the General Laws is 
hereby amended by striking out section forty-six C, as 
most recently amended by chapter sLxty-six of the acts of 
nineteen hundred and thirty-six, and inserting in place 
thereof the following : — Section 46C. An officer or em- 
ployee of the commonwealth or of a city or town who has 
become separated from the classified civil service through 
fault or delinquency of his own 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, subject to section 
forty-six G, authorize his reinstatement in the same posi- 
tion or in a position in the same class and grade as that 
formerly held by him. 

Section 2. Said chapter thirty-one is herebj'- further 
amended by striking out section forty-six G, inserted by 
chapter four hundred and eight of the acts of nineteen hun- 
dred and thirty-five, and inserting in place thereof the fol- 
lowing : — Section Jf6G. If the separation from servic^e of 
persons in the classified service becomes necessary through 
no fault or delinquency of their own, they shall be separated 
from the service, and reinstated therein in the same position 
or in a position in the same class and grade as that formerly 
held by them, according to their seniority in the service so 
that the oldest employees in point of service shall be retained 
the longest, and reinstated first and before any reinstatement 
under section forty-six C or the certification of new names. 
Nothing in this section shall prevent reinstatements under 
section fort^^-six D or impair the preference provided for 
disabled veterans by section twenty-three. 

Ay-proved May 10, 1938. 



G. L. (Ter. 
Ed.), 31, 
§ 46G. etc., 
amended. 



Reinstatement 
of other 
employees. 



C/iap. 298 An Act providing for indemnification of call fire- 
men BY cities and towns IN CERTAIN CASES. 



G. L. (Ter. 
Ed.), 41, 
§ 100. etc.. 
amended. 



Indemnifica- 
tion of officers, 
etc., for dam- 
ages sustained. 



Be it enacted, etc., as follows: 

Section one hundred of chapter forty-one of the General 
Laws, as amended by section three of chapter three hundred 
and twenty-four of the acts of nineteen hundred and thirty- 
three, is hereby further amended by inserting after the 
word "support" in the sixteenth line, as appearing in the 
Tercentenary Edition, the following new sentence : -^ For 
the purposes of this section, call firemen shall be considered 
members of a fire department, — so as to read as follows : — 
Section 100. A city, town, fire or water district may indem- 
nify a police officer, fireman or a member of the fire depart- 
ment or a person required to assist a police officer in the 



Acts, 1938. — Chap. 299. 259 

discharge of his duties, to an amount not more than the 
amount recommended by the board or officer authorized to 
appoint pohce officers, firemen or members of the fire de- 
partment of such city, town or district, for expenses or 
damages sustained by him while acting as a pohce officer, 
fireman or m.ember of the fire department or as such assist- 
ant, or incurred by him in the defence or settlement of an 
action brought against him for acts done by him while so 
acting, and such damages may include loss of pay by reason 
of absence from duty on the part of such officer, fireman or 
member because of temporary incapacity caused by injury 
suffered through no fault of his own while in the actual per- 
formance of duty; and, if such officer, fireman, member or 
person be dead, such expenses or damages shall be payable 
to his widow, or, if he leaves no widow, then to his next of 
kin who, at the time of his death, were dependent upon his 
wages for support. For the purposes of this section, call 
firemen shall be considered members of a fire department. 
This section shall be construed to authorize a city or town 
to pay compensation, in the manner herein provided, for 
damages for personal injuries, whether or not death results, 
and for property damage sustained by a person while assist- 
ing a police officer thereof in the discharge of his duty upon 
his requirement. This section shall not apply to the city 
of Boston. Approved May 10, 1938. 



An Act relative to the time of establishing, chang- C/iap. 299 

ING AND CANCELLING PARTY ENROLMENT OF VOTERS. 

Be it enacted, etc., as follows: 

Section thirty-eight of chapter fifty-three of the General EJ^-g^J^g-gg 
Laws, as appearing in the Tercentenary Edition, is hereby amended, 
amended by inserting after the word ''may" in the third 
line the words: — , except within a period of thirty-one days 
prior to a primary, — so as to read as follows : — Section Establishing 
38. No voter enrolled under this or the preceding section "J^enroiment, 
shall be allowed to receive the ballot of any political party 
except that with which he is so enrolled; but a voter may, 
except within a period of thirty-one days prior to a primary, 
establish, change or cancel his enrolment by appearing in 
person before a member of the board of registrars of voters 
and requesting in writing to have his enrolment established 
with a party, changed to another party, or cancelled, and 
such enrolment, change or cancellation shall take effect at 
the expiration of thirty days thereafter. No voter en- 
rolled as a member of one political party shall be allowed 
to receive the ballot of anj'- other political party, upon a 
claim by him of erroneous enrolment, except upon a certifi- 
cate of such error from the registrars, which shall be pre- 
sented to the presiding officer of the primary and preserved 
as part of the records of such primary; but the political 
party enrolment of a voter shall not preclude him from re- 



260 Acts, 1938. — Chaps. 300, 301. 

ceiving at a city or town primary the ballot of any munici- 
pal party, though in no one primary shall he receive more 
than one party ballot. Approved May 10, 1938. 

Chap. 300 An Act providing that the mayor of boston shall be 

ELIGIBLE FOR ELECTION FOR THE SUCCEEDING TERM. 

Be it enacted, etc., as follows: 

Section 1. Section forty-five of chapter four hundred 
and eighty-six of the acts of nineteen hundred and nine, as 
most recently amended by section six of chapter four hun- 
dred and seventy-nine of the acts of nineteen hundred and 
twenty-four, is hereby further amended by striking out, in 
the sixth and seventh lines, the words ''and shall not be eli- 
gible for election for the succeeding term", — so as to read 
as follows : — Section 4-5 • Beginning with the biennial mu- 
nicipal election in the year nineteen hundred and twenty- 
five, the mayor of the city of Boston shall be elected at 
large to hold office for the term of four j^ears from the first 
Monday in January following his election and until his suc- 
cessor is chosen and qualified. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Boston at its regular 
city election in the year nineteen hundred and thirty-nine 
in the form of the following question which shall be placed 
upon the official ballot to be used at said election: — "Shall 
an act passed by the general court in the year nineteen 
hundred and thirty-eight entitled 'An Act providing that 
the Mayor of Boston shall be eligible for Election for the 
Succeeding Term ', 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 May 10, 1938. 

Chap. SOI An Act relative to the use of poison to protect for- 
est PLANTATIONS OR IN CONNECTION WITH WOOD TICK 
suppression and CONTROL. 

Emergency Whereas, 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 and convenience. 

Be it enacted, etc., as follows: 

EdV iJr' Chapter one hundred and thirty-one of the General Laws 

§ 103. amended, is hereby amended by striking out section one hundred and 
three, as appearing in the Tercentenary Edition, and insert- 
Use of poison ^^g in place thereof the following: — Section 103. Whoever 
mammafs placcs poisou in any form whatsoever for the purpose of 

penaUzed. killing any mammal or bird shall be punished by a fine of 
not less than one hundred nor more than five hundred dol- 
lars, or by imprisonment for not less than three months nor 
more than one year, or both; provided, that this section 



Acts, 1938. — Chaps. 302, 303. 261 

shall not prohibit any person from placing in his orchard or 
in or near his house, barn or other buildings poison for the 
purpose of destroying rats, woodchucks or other pests of 
like nature, or from placing with like intent under the sur- 
face of his lands carbon disulphide in any of its forms or any 
other poison applied in a manner similar to that in which 
carbon disulphide is applied, nor shall this section prohibit 
the placing of poison in forest plantations for the extermina- 
tion of rats, mice and other pests of like nature or the plac- 
ing elsewhere of poison for the extermination of such pests 
in connection with wood tick suppression and control, in 
accordance with rules and regulations which the director 
is hereby authorized to make, and pursuant to the terms of a 
permit issued by the director under such rules and regula- 
tions. Possession of the raw fur of any mammal or the dead 
body of any bird killed by poison, except rats, woodchucks 
or other pests of like nature, shall be prima facie evidence 
that the person having such possession has violated this 
section. Approved May 12, 1938. 

An Act providing for regulation of plumbing in build- Chap. 302 

INGS OW^NED AND USED BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-two of the General Laws g l. (Xer. 
is hereby amended by inserting after section twenty, as new section 
appearing in the Tercentenary Edition, the following new '^^' ^^'^'"^■ 
section : — Section 21 . The examiners shall formulate rules Rules reguiat- 
relative to the construction, alteration, repair and inspection jn^stai^'''"^ 
of all plumbing work in buildings owned and used by the buildings, 
commonwealth, subject to the approval of the department 
of public health, and all plans for plumbing in such buildings 
shall be subject to the approval of the examiners. 

Approved May 12, 1938. 



An Act relative to attachment by trustee process. Chap. SOS 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and forty-six of the g. l. (Ter. 
General Laws is hereby amended by striking out section amenleli.' ^ '' 
one, as appearing in the Tercentenary Edition, and inserting 
in place thereof the following: — Section 1. All personal ac^*^°°| ^^^«_^ 
actions, except tort for malicious prosecution, for slander or menced by 
libel, or for assault and battery, and except replevin, may trustee process. 
be commenced by trustee process, and any person may be 
summoned as trustee of the defendant therein; but, except 
in the case of a writ which contains a statement that the 
action is upon a judgment or in contract for personal serv- 
ices or for goods sold and delivered or for money due under 
a contract in writing or in tort to recover damages on 
account of the operation of a motor vehicle not registered 
in the commonwealth, no writ the ad damnum of which is 



262 Acts, 1938. — Chap. 304. 

in excess of one thousand dollars shall be served upon any 
alleged trustee unless there shall have been filed by the 
plaintiff in such action in the court wherein such action is 
commenced a bond with a surety company authorized to do 
business in the commonwealth as surety, or with sureties 
approved by a justice, associate justice or special justice 
of such court, said bond to be in a penal sum not less than 
ten per cent of the ad damnum of the writ and not less 
than two hundred and fifty doUars and to be conditioned 
upon payment to the defendant, if the plaintiff fails to 
recover or if such action is discontinued, of all costs which 
may be awarded to the defendant and all damages which 
he may sustain by reason of such attachment, but not ex- 
ceeding the penal sum of the bond, nor unless there shall 
have been endorsed on the writ by the justice, associate 
justice or special justice who approved said bond, or by the 
clerk of such court, the fact that the bond required by this 
section has been filed in such court. An individual who is 
not an inhabitant of the commonwealth, or a foreign cor- 
poration or association, shall not be so summoned unless he 
or it has a usual place of business in the commonwealth. 
The amount paid by the plaintiff to a surety company for 
becoming surety on such a bond shall be taxed in his costs 
if he prevails in the action, 
datl"*'^* Section 2. This act shall take effect on September first, 

nineteen hundred and thirty-eight, and shall apply only to 
actions commenced on or after said date. 

Approved May 12, 1938. 

Chap. ^04: An Act authorizing the county of Middlesex to con- 
tribute TOWARD THE RECONSTRUCTION OF CERTAIN POR- 
TIONS OF FERRY STREET, MAIN STREET AND BROADWAY IN 
THE CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of contributing toward the 
cost of reconstructing Ferry street, lying between Chelsea 
street and Belmont street; Main street, lying between 
Broadway and Belmont street; and Broadway, lying be- 
tween the Boston line and Everett square and between 
Glendale square and the Maiden line, all in the city of 
Everett, the county of Middlesex is hereby authorized to 
pay out of the then current appropriation for highways for 
said county a sum equal to one sixth of the cost of said 
construction, but not exceeding thirty-five thousand dollars. 

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

Approved May 12, 1938. 



Acts, 1938. — Chaps. 305, 306, 307. 263 



An Act relative to the inclusion of two or more Chav.SOd 

PARCELS OF LAND IN PETITIONS BROUGHT BY CITIES AND 
TOWNS FOR FORECLOSURE OF RIGHTS OF REDEMPTION 
UNDER TAX TITLES. 

Be it enacted, etc., as follows: 

Section sixty-five of chapter sixty of the General Laws, g. l. (Ter. 
as amended by section twelve of chapter three hundred §^g5'pt^' 
and twenty-five of the acts of nineteen hundred and thirty- amended.' 
three, is hereby further amended by adding at the end the 
following : — , if such parcels are in the same record owner- 
ship at the time of bringing such petition, — so as to read 
as follows : — Section 65. After two years from a sale or Examination 
taking of land for taxes, except as provided in section sixty- °otici^'etc 
two, whoever then holds the title thereby acquired may 
bring a petition in the land court for the foreclosure of all 
rights of redemption thereunder. Such petition shall be 
made in the form to be prescribed by said court and shall 
set forth a description of the land to which it applies, with 
its assessed valuation, the petitioner's source of title, giving 
a reference to the place, book and page of record, and such 
other facts as may be necessary for the information of the 
court. Two or more parcels of land may be included in any 
petition brought by a town, whether under a taking or as 
purchaser of such title or titles, if such parcels are in the 
same record ownership at the time of bringing such petition. 

Approved May 12, 1938. 

An Act defining the word "resident" with respect Chn^. qqc 
TO the incorporators, officers and directors of ^' 

INSURANCE companies. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and seventy-five of g l. (xer. 
the General Laws, as appearing in the Tercentenary Edi- § i', Amended, 
tion, is hereby amended by inserting after the word "law" 
in the fifty-second line the following new paragraph : — 

"Resident", with respect to any incorporator, officer or "Resident" 
director of a company, a person who shall have resided <^^fi"''<i- 
within the commonwealth at least one year immediately 
prior to the election, or the exercise of the authority, referred 
to in the context. Approved May 12, 1938. 

An Act relative to the kinds of insurance which may Chan 307 

BE written to insure A BANK, BANKER, INVESTMENT 
BROKER OR BANKING ASSOCIATION OR CORPORATION. 

Be it enacted, etc., as follows: 

Section forty-seven of chapter one hundred and seventy- o. l. (Ter. 
five of the General Laws is hereby amended by striking out ft?,' amended, 
clause Fourth, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following: — 



264 Acts, 1938. — Chap. 308. 

lunds oHn-^j^ Fourth, (a) To guarantee the fideHty of persons in posi- 
i^y be written tions of trust, private or public, (6) to act as surety on 
bank!^t^c.* official bouds and for the performance of other obligations, 
(c) to guarantee or insure to the holders thereof the pay- 
ment of the principal of, or interest on, bonds, notes or 
other evidences of indebtedness and to insure against loss 
or damage arising from any default in the payment of such 
principal or interest, and (d) to insure a bank, banker, in- 
vestment broker, banking association or corporation against 
any loss of bills of exchange, notes, drafts, acceptances of 
drafts, profits, bonds, securities, evidences of indebtedness, 
deeds, mortgages, warehouse receipts, bills of lading, docu- 
ments, currency or money, gold, platinum, silver and other 
precious metals, refined or unrefined, and articles made 
therefrom, jewelry, watches, necklaces, bracelets, gems, pre- 
cious and semi-precious stones, except against the loss 
thereof during marine transportation or while being trans- 
ported by a common carrier, and also to insure a bank, 
banker, investment broker, banking association or corpora- 
tion against loss resulting from damage, except by fire, 
to the insured's premises, furnishings, fixtures, equipment, 
safes and vaults therein caused by burglary, robbery, hold-up, 
theft or larceny, or attempt thereat. Nothing in this clause 
shall be deemed to prohibit insm-ance against loss of prop- 
erty as herein provided from including insurance against 
loss thereof while in the custody of a carrier for hire for the 
purpose of transportation by an armored motor vehicle, ac- 
companied by one or more armed guards. 

Approved May 12, 1938. 



Chaj). S08 ^^ ^^^ PROVIDING THAT THE EXPENSE OF QUARANTINE OF 
CERTAIN ANIMALS BE PAID BY THE COUNTY. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectiou tweuty-uine of chapter one hundred and twenty- 

f 29,' amended, nine of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by adding at the end the fol- 
lowing : — , except that, in the case of any animal quaran- 
tined for biting or scratching a person, the expense of such 
quarantine shall be paid by the county in which the injury 
County to pay was inflicted, — so as to read as follows: — Section 29. If 
quararTtine animals have been quarantined, collected or isolated upon 
of animals. the premises of the owner or of the person in possession of 
them at the time such quarantine is imposed, the expense 
thereof shall be paid by such owner or person; but if spe- 
cific animals have been quarantined or isolated under sec- 
tion eight or twentj'^-one for more than ten days upon such 
premises, as suspected of being affected with a contagious 
disease, and the owner is forbidden to sell any of the prod- 
uct thereof for food, or if animals have been quarantined, 
collected or isolated on any premises other than those of 
such owner or person in possession thereof, the expense of 



Acts, 1938. — Chaps. 309, 310. 265 

such quarantine shall be paid by the commonwealth, except 
that, in the case of any animal quarantined for biting or 
scratching a person, the expense of such quarantine shall be 
paid by the county in which the injury was inflicted. 

Approved May 12, 1938. 

An Act relative to fees for certain registrations and Chap. 309 

INSPECTIONS OF NURSERY STOCK AND PLANTS. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-eight of the General g^J^{J|'"- 
Laws is hereby amended by striking out section twenty- §27.'aine'nded. 
seven, as appearing in the Tercentenary Edition, and in- 
serting in place thereof the following: — Section 27. The Powers of 
director, with the approval of the commissioner, after a duly director, 
advertised public hearing with notice to interested parties, 
may prohibit, for such periods and under such conditions 
as he may impose, the delivery. within the commonwealth 
of nursery stock from outside thereof when in his opinion 
such nursery stock is likely to be infested with insect pests 
or disease or is likely to act as a carrier thereof. With the 
approval of the commissioner, he may make and issue such 
rules and regulations as may be needed to carry out sec- 
tions sixteen to thirty-one, inclusive, and may in such rules 
and regulations establish fees for registration or inspection. Feeforregis- 
He may also enter into reciprocal agreements with other ^rations, etc. 
states under which nursery stock owned by nurserymen and 
dealers of such states may be sold or delivered in this com- 
monwealth without the payment of a registration or inspec- 
tion fee, provided, that like privileges are accorded in such 
other states to nurserymen and dealers of this common- 
wealth. He may publish information about such insects 
and disease as come within his observation. 

Approved May 12, 1938. 

An Act relative to the payment of rental by the Chap. 310 

COMMONWEALTH TO THE CITY OF WORCESTER FOR THE 
USE OF Its SEWERAGE SYSTEM FOR THE SEWAGE OF THE 
WORCESTER STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Chapter three hundred and sixty-three of the Special 
Acts of nineteen hundred and sixteen is hereby amended by 
striking out section two, as most recently amended by chap- 
ter one hundred and eighty of the acts of nineteen hundred 
and twenty-three, and inserting in place thereof the follow- 
ing : — Section 2. The commonwealth shall pay to the city 
of Worcester as rental for the use of its sewerage system for 
the sewage of the Worcester state hospital the sum of thirty- 
one hundred dollars annually for a period of five years, be- 
ginning with the first day of January, nineteen hundred 
and thirty-eight. Approved May 12, 1938. 



266 



Acts, 1938. — Chaps. 311, 312. 



C hap. Sll An Act relative to the venue of certain appeals to 

THE SUPERIOR COURT FROM CERTAIN ORDERS OF THE BOARD 
OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND 
BONDS. 



G. L. (Ter. 
Ed.), 175, 
§ 113D, etc., 
amended. 



Appeals from 
orders of board 
of appeal. 



Be it enacted, etc., as follows: 

The sixth paragraph of section one hundred and thirteen D 
of chapter one hundred and seventy-five of the General 
Laws, as most recently amended by chapter forty-six of the 
acts of nineteen hundred and thirty-four, is hereby further 
amended by inserting after the word "county" in the 
twelfth line the words : — in case of an appeal by any com- 
plainant, and in the county in which the complainant resides 
in case of an appeal by the company, — so that the first 
sentence of said paragraph will read as follows : — Any per- 
son or company aggrieved by any finding or order of the 
board, other than a finding that the complainant is or is not 
a suitable and proper person to whom to issue such a policy or 
on behalf of whom to execute such a bond as surety, may, 
within ten da3^s after the filing of the memorandum thereof 
in the office of the commissioner, unless the policy or bond 
has expired or will expire prior to the expiration of said 
period, and any person or company aggrieved by any find- 
ing of the board that a complainant is or is not a suitable 
and proper person as aforesaid may, in any case, within said 
period, appeal therefrom to the superior court or any justice 
thereof, in any county in case of an appeal by any com- 
plainant, and in the county in which the complainant 
resides in case of an appeal by the company. 

Approved May 12, 1938. 



Chap. 312 An Act relative to the removal of the superintendent 

OF PUBLIC WORKS IN THE TOWN OF STONEHAM. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventy-three of 
the acts of nineteen hundred and thirteen is hereby amended 
by striking out section seven and inserting in place thereof 
the two following sections: — Section 7. A majority of the 
board of selectmen may remove the superintendent of pub- 
lic works by filing a written statement with the town clerk, 
setting forth in detail the specific reasons for his removal, a 
copy of which shall be delivered or mailed to said superin- 
tendent; provided, that, if the superintendent so requests, 
a hearing shall be given him. 

Section 7 A. Within thirty days after the hearing pro- 
vided for in section seven, the superintendent so removed 
may bring a petition in the district court within the judicial 
district of which he resides, addressed to the justice of the 
court, praying that the action of the board of selectmen may 
be reviewed by the court, and, after such notice to said 
board as the court deems necessary, it shall review such 



Acts, 1938. — Chaps. 313, 314. 267 

action, hear the witnesses, and shall affirm the decision of 
said board unless it shall appear that it was made without 
proper cause or in bad faith, in which case said decision shall 
be reversed and the petitioner be reinstated in his office 
without loss of compensation. The decision of the court 
shall be final and conclusive upon the parties. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Stoneham, voting thereon by official ballot at an annual 
town meeting, or voting thereon at a special town meeting 
called for the purpose. Approved May 12, 1938. 

An Act relative to instruction in lip-reading for Qjidj) 33^3 

CERTAIN SCHOOL CHILDREN W'HOSE HEARING IS DEFEC- 
TIVE. 

Be it enacted, etc., as follows: 

Chapter sixty-nine of the General Laws is hereby amended g. l. (Ter. 
by inserting after section twenty-eight, as appearing in the f 29,' added"' 
Tercentenary Edition, the following new section: — Section instruction in 
29. The school committee of any town, or any superin- lip-reading, 
tendency union or district, where there is in attendance in 
any public or private school any child under the age of 
eighteen whose hearing is defective may provide instruction 
in lip-reading for such child in a place under the control of 
such school committee, union or district. Such instruction 
shall be in addition to the regular school instruction and 
shall be for at least one hour per week during the time when 
such public schools are in session. 

Approved May 12, 1938. 

An Act providing for the vaccination of certain Phnj) 314 

CATTLE TO CURTAIL THE SPREAD OF BANG's DISEASE, SO ^' 

CALLED. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-nine of the General ^^^.(Jg^'". 
Laws is hereby amended by adding after section thirty- new section 
six A, inserted by chapter four hundred and twenty-six of ^^^' *'^'^^'^- 
the acts of nineteen hundred and thirty-five, the following 
new section: — Section 36 B. The director or his agent, vaccination of 
with the approval of the owner of the cattle hereinafter ""^^^^"^ ''*"'*• 
referred to, may vaccinate cattle not less than four nor 
more than eight months of age, which in the judgment of 
the director or such agent may cause the spread of Bang's 
disease; provided, that such vaccination is supervised un- 
der rules and regulations of the department of agriculture, 
authority to make the same being hereby granted. For 
each animal so vaccinated the director shall collect a fee of 
fifty cents. Approved May 12, 1938. 



268 



Acts, 1938. — Chaps. 315, 316. 



G. L. (Ter. 
Ed.), 69, 
§ 7, etc., 
amended. 



University ex- 
tension courses 
for blind 
persons. 



Chap. 315 An Act extending to certain blind persons the ad- 
vantages OF UNIVERSITY EXTENSION COURSES FREE OF 
CHARGE. 

Be it enacted, etc., as follows: 

Section seven of chapter sixty-nine of the General Laws, 
as most recently amended by chapter three hundred and 
twenty-seven of the acts of nineteen hundred and thirty- 
seven, is hereby further amended by striking out, in the 
eighteenth line, the word "to" and inserting in place thereof 
the words : — may permit university extension courses to 
be taken, free of charge, by, — so as to read as follows: — 
Section 7. The department may co-operate with existing 
institutions of learning in the establishment and conduct of 
university extension and correspondence courses; may su- 
pervise the administration of all such courses supported in 
whole or in part by the commonwealth; and also, where 
deemed advisable, may establish and conduct such courses 
for the benefit of residents of the commonwealth and, pro- 
vided that the fees charged exceed the cost of service, may 
enroll in correspondence courses such non-residents as are 
approved by the department. The department may offer 
correspondence courses, free of charge, to inmates of county 
and state hospitals and sanatoria, county and state correc- 
tional institutions, the state infirmary, and federal hospitals 
situated within the commonwealth and to veterans, as such 
term is defined in section twenty-one of chapter thirty-one, 
who come within the class referred to as disabled veterans 
in section twenty-three of said chapter thirty-one and may 
permit university extension courses to be taken, free of 
charge, by blind persons who have resided in the common- 
wealth at least one year immediately prior to the taking of 
such courses. It may, in accordance with rules and regula- 
tions established by it, grant to students satisfactorily com- 
pleting such courses suitable certificates. 

Approved Maij 12, 193S. 



C/iap. 316 An Act relative to the eligibility of wives and widows 
OF certain veterans to certain benefits. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifteen of the 
General Laws is hereby amended by striking out section 
seven, as amended by section one of chapter two hundred 
and seventy-three of the acts of nineteen hundred and 
thirty-seven, and inserting in place thereof the following: — 
Section 7. The wife of a discharged soldier or sailor shall 
not be held to belong to any of the foregoing classes, nor 
shall she receive state aid unless, if the service of the soldier 
or sailor was in the war with Spain, the Philippine Insur- 
rection or the China Relief Expedition, she was married to 



G. L. (Ter. 
Ed.), 115, 
§ 7, etc., 
amended. 



Eligibility of 
wives, etc., 
to state aid. 



Acts, 1938. — Chap. 316. 269 

him before his final discharge from such service, and, if 
his widow, before September first, nineteen hundred and 
thirty, and if his service was in the civil war unless she was, 
if his wife, married to him prior to his final discharge from 
such service, and, if his widow, prior to June twenty-seventh, 
nineteen hundred and five, and if the service of the soldier 
was in any Indian war or campaign unless she was, if his 
wife, married to him prior to his final discharge from such 
service, and, if his widow, prior to March fourth, nineteen 
hundred and seventeen, and if the service of the soldier or 
sailor was on the Mexican border or in the world war unless 
she was, if his wife, married to him prior to his final dis- 
charge from the service or release from active duty therein, 
and, if his widow, prior to January first, nineteen hundred 
and thirty-three. 

Section 2. Said chapter one hundred and fifteen is g. l. (Xer. 
hereby further amended by striking out section nineteen, §'19' etc.,' 
as amended by section two of said chapter two hundred and ^imended. 
seventj^-three, and inserting in place thereof the following : — 
Section 19. The mayor of each city and the selectmen of ^^^Irs'l^nd*^' 
each town or, in Boston, the soldiers' relief commissioner, duties, 
shall designate a burial agent, who shall not be one of the 
board of public welfare or be employed by said board, and 
who shall, under regulations established by the commis- 
sioner, cause properly to be interred the body of any honor- 
ably discharged soldier or sailor who served in the army or 
navy of the United States during the war of the rebellion, 
or in the Indian campaigns if he died in receipt of a pen- 
sion from the United States, or during the war between the 
United States and Spain or the Philippine Insurrection after 
February fourteenth, eighteen hundred and ninety-eight and 
prior to July fourth, nineteen hundred and two, or in the 
Mexican border service of nineteen hundred and sixteen and 
of nineteen hundred and seventeen, or in the world war; 
provided, that the soldier or sailor died in such service or 
after an honorable discharge therefrom or release from 
active duty therein; and shall also so inter the body of his 
wife, widow or dependent father or mother, and the bodies 
of army nurses entitled to state aid under section six, if they 
die without sufficient means to defray funeral expenses, and 
the bodies of dependent children eighteen years of age or 
under, of such soldier or sailor, if such soldier or sailor and 
his wife, or his widow, be without sufficient means to defray 
funeral expenses; but no wife or widow of any soldier or 
sailor of the civil war shall be entitled to the benefits of this 
section unless she was married to him prior to June twenty- 
seventh, nineteen hundred and five, and no wife or widow of 
any soldier of the Indian campaigns unless she was married 
to him prior to March fourth, nineteen hundred and seven- 
teen, and unless she was, if his widow, in receipt of a pension 
under the act of congress of March fourth, nineteen hun- 
dred and seventeen, and no wife or widow of any soldier or 
sailor of the Spanish war, or the Philippine Insurrection, 



270 Acts, 1938. — Chaps. 317, 318. 

unless she was married to him prior to September first, 
nineteen hundred and thirty; and no wife or widow of anj-- 
soldier or sailor of the Mexican border service or of the 
world war unless she was married to him on or before Jan- 
uary first, nineteen hundred and thirty-three. If an inter- 
ment has taken place without the knowledge of the burial 
agent, application ma}^ be made to him within thirty days 
after the date of death, or after final interment if the soldier 
or sailor dies in the world war service ; and if upon investiga- 
tion he shall find that the deceased was within the provi- 
sions of this section and the rules of the commissioner, he 
may certify the same as provided in the following section. 

Approved May 12, 1938. 

C hap. S17 An Act relative to the exemption from taxation of 

PARSONAGES. 

Be it enacted, etc., as follows: 

G^L. ^Ter. Sectiou five of chapter fifty-nine of the General Laws, as 

§ 5', etc' amended, is hereby further amended by striking out clause 

amended. Eleventh, as appearing in the Tercentenary Edition, and 

inserting in place thereof the following : — 
^o^fa^xation Eleventh, Houses of religious worship owned by, or held 
of certain in trust for the use of, any religious organization, and the 

parsonages. pews and furnituTc, and, to an amount not exceeding five 
thousand dollars for each parsonage, parsonages so owned 
or held; but such exemption shall not, except as herein 
provided, extend to any portion of any such house of religious 
worship appropriated for purposes other than religious wor- 
ship or instruction. Approved May 16, 1938. 

Chap. S18 -An Act relative to the use of lake cochituate in the 

TOWNS OF FRAMINGHAM AND WAYLAND FOR BOATING AND 
FISHING. 

Be it enacted, etc., as follows: 

Section 1. Subject to such reasonable regulations as 
may be made by the metropolitan district commission, it 
shall be lawful for any inhabitant of the town of Framing- 
ham or Wayland to enter any boat, or go in any boat, or to 
fish therefrom, in or upon the waters of so much of Lake 
Cochituate as lies in either of said towns, until such time as 
said waters are used for water supph'- piu-poses of the metro- 
politan water district as authorized by law. 

Section 2. Subject to such reasonable regulations as 
may be made by said commission, it shall also be lawful for 
any inhabitant of the town of Framingham to take fish 
from the waters of so much of said lake as lies in the town 
of Framingham, by fishing with hand line or rod from the 
shore of said waters in said town, until such time as said 
waters are used for water supply purposes of the said dis- 
trict as authorized by law. 



Acts, 1938. — Chap. 319. 271 

Section 3. Any person violating any regulation made 
under section one or two shall be punished by a fine of not 
more than twenty dollars, and may be suspended from the 
right to boat or fish as aforesaid for such time as said com- 
mission may deem reasonable and just. 

{This bill, returned hy the governor to the Senate, the branch 
in which it originated, with his objections thereto, was passed 
by the Senate, May 9, 1938, and, in concurrence, by the House 
of Representatives, May 16, 1938, the objections of the governor 
notwithstanding, in the manner prescribed by the constitution; 
and thereby has "the force of a law".) 

An Act relative to the construction, installation C/?a7^-319 

AND USE OF COMPRESSED AIR TANKS. 

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 safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty-six of the g. l. (Ter. 
General Laws is hereby amended by striking out section amend^.' ^ ^^' 
thirty-four, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following: — Section 34- No Compressed 
person shall install or use, or cause to be installed or used, constmcUon, 
any tank or other receptacle for the storing of compressed ^*^' °^- 
air at any pressure exceeding fifty pounds per square inch, 
except when attached to locomotives or street or railway 
cars or trackless trolley vehicles, or to motor vehicles for 
use in operating such vehicles or their brakes or body lifting 
apparatus, unless the owner or user of such tank or other 
receptacle shall hold a certificate of inspection issued by the 
division, certifying that the said tank or other receptacle 
has duly been inspected within two years, or unless the 
owner or user shall hold a policy of insurance upon the said 
tank or other receptacle issued by an insurance company 
authorized to insure air tanks within the commonwealth, 
together with a certificate of inspection from an insurance 
inspector who holds a certificate of competency described 
in section sixty-two. 

Section 2. Section thirty-five of said chapter one hun- g. l. (Ter. 
dred and forty-six, as so appearing, is hereby amended by amended." ^ ^''' 
inserting after the word "regulations" in the first line the 
words : — , conforming to recognized standards of engineer- 
ing practice, — so as to read as follows : — Section 35. The Rules and 
board shall prescribe regulations, conforming to recognized '■«8"'*<^"'"-' 
standards of engineering practice, for the size, shape, con- 
struction, gauges, operation, maximum pressure, safety 
devices, use of oil, and other appurtenances necessary for 
the safe operation of such tanks or other receptacles. 

Approved May 17, 1938. 



272 



Acts, 1938. — Chaps. 320, 321. 



Emergency 
preamble. 



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



C hap. S20 An Act relative to the allowance of one day of rest 

IN EVERY SEVEN DAYS TO CERTAIN EMPLOYEES. 

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

Be it enacted, etc., as follows: 

Section forty-eight of chapter one hundred and forty- 
nine of the General Laws, as most recently amended by 
section three of chapter fom- hundred and twenty-three 
of the acts of nineteen hundred and thirty-five, is hereby 
further amended by inserting after the word "rest" in the 
seventh line the words : — , which shall include an unbroken 
period comprising the hours between eight o'clock in the 
morning and five o'clock in the evening, — so as to read as 
follows : — Section 48. Every employer of labor engaged 
in carrying on any manufacturing or mercantile establish- 
ment in the commonwealth shall allow every person, except 
those specified in section fifty, but including watchmen and 
employees maintaining fires, employed in such manufactur- 
ing or mercantile establishment at least twenty-four con- 
secutive hours of rest, which shall include an unbroken 
period comprising the hours between eight o'clock in the 
morning and five o'clock in the evening, in every seven 
consecutive daj^s. No employer shall operate any such 
manufacturing or mercantile establishment on Sunday 
unless he has complied with section fifty-one. Whoever 
violates this section shall be punished by a fine of fifty 
dollars. Approved May 17, 1938. 



One day's rest 
in seven. 



Chaj). Z21 An Act further penalizing the illegal use, possession 

OR transportation OF NARCOTIC DRUGS, AND SUBJECT- 
ING TO PENALTY PERSONS PRESENT WHERE SUCH DRUGS 
ARE UNLAWFULLY KEPT. 



Emergency 
preamble. 



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



Penalty for 
unlawful 
possession of 
narcotic drugs. 



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

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws is 
hereby amended by striking out section two hundred and 
eleven, as amended by section seven of chapter four hundred 
and twelve of the acts of nineteen hundred and thirty-five, 
and inserting in place thereof the following: — Section 211. 
Whoever, not being a licensee under sections one hundred 
and ninety-eight A and one hundred and ninety-eight B, 
registered pharmacist, registered physician, registered vet- 
erinarian, registered dentist, nurse acting under the direction 
of a physician, or employee of an incorporated hospital act- 



Acts, 1938. — Chap. 322. 273 

ing under the direction of its superintendent or official in 
immediate charge, or a common carrier or messenger when 
transporting any narcotic drug between persons mentioned 
in this section in the same package in which the drug was 
dehvered to him for transportation, is found in possession 
thereof except by reason of a physician's prescription law- 
fully and properly issued shall be punished by a fine of not 
more than one thousand dollars or by imprisonment in the 
state prison for not more than three and one half years, or 
in a jail or house of correction for not more than two and 
one half years. 

Section 2. Section two hundred and twelve of said ej^'9J'5 212 
chapter ninety-four, as appearing in the Tercentenary Edi- amended, 
tion, is hereby amended by striking out, in the sixth line, 
the word "five" and inserting in place thereof the word: — 
ten, — so as to read as follows: — Section 212. Whoever Penalty for 
has in his possession a narcotic drug with intent unlawfully etcrof^'*'^' 
to sell and deliver or to exchange such drug, or any part narcotic drugs, 
thereof, or whoever unlawfully sells, furnishes, gives, de- 
livers or exchanges any narcotic drug in violation of any 
provision of sections one hundred and ninety-eight to two 
hundred and thirteen, inclusive, shall be punished by im- 
prisonment in the state prison for not more than ten years, 
or in a jail or house of correction for not less than one year 
nor more than two and one half years. 

Section 3. Said chapter ninety-four is hereby further g. l. (Ter. 
amended by inserting after section two hundred and twelve, n^w section 
as amended, the following new section: — Section ^^^A. 212A, added. 
Whoever is present where a narcotic drug is unlawfully kept Arrest without 
or deposited may be arrested without a warrant by any officer certain cases. 
authorized to serve criminal process and may be punished 
as provided in section two hundred and fourteen. 

Approved May 17, 1938. 



An Act to authorize the town of ware to refund Chap. S22 

CERTAIN TAXES ERRONEOUSLY ASSESSED UPON AND COL- 
LECTED FROM ERNEST M. BALLOU OF WARE. 

Be it enacted, etc., as follows: 

Section 1. The town of Ware is hereby authorized to 
refund to Ernest M. Ballou of said town a sum not exceed- 
ing the amount which has heretofore been collected by 
said town from said Ernest M. Ballou as taxes upon cer- 
tain real estate in said town, which through mistake was 
erroneously assessed by said town against said Ernest M. 
Ballou. 

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

Approved May 17, 1938. 



274 



Acts, 1938. — Chaps. 323, 324. 



G. L. (Ter. 
Ed.). 32, 
§ 75, etc.. 
amended. 



Pensions, etc., 
for probation 
officers. 



Chap. S2S An Act relative to the retirement and pensioning 

OF PROBATION OFFICERS. 

Be it enacted, etc., as follow s: 

Section 1. Chapter thirty-two of the General Laws is 
hereby amended by striking out section seventy-five, as 
most recently amended by section six of chapter one hun- 
dred and two of the acts of nineteen hundred and thirty- 
seven, and inserting in place thereof the following: — Sec- 
tion 75. Any probation officer whose whole time is given 
to the duties of his office shall, at his request, be retired 
from active service and placed upon a pension roll by the 
court upon which it is his duty to attend, with the approval 
of the county commissioners of the county in which the 
court is situated; provided, that he is certified in writing by 
a physician designated by such court to be permanently 
disabled, mentally or physically, for further service by rea- 
son of injuries or illness sustained or incurred through no 
fault of his own in the actual performance of his duty as 
such officer. Any such probation officer who has faithfully 
performed his duties for not less than twenty consecutive 
years, and who is not less than sixty years of age, shall be 
retired at his request without the aforesaid certification. 
Every probation officer shall be retired upon attaining the 
age of seventy. 

No probation officer whose employment begins after June 
thirtieth, nineteen hundred and thirty-seven, shall be sub- 
ject to the provisions of this section. 

Section 2. Said chapter thirty-two is hereby further 
amended by striking out section seventy-six, as appearing 
in the Tercentenary Edition, and inserting in place thereof 
the following : — Section 76. Every person retired under 
the preceding section shall receive an annual pension equal 
to one half of the compensation received by him at the 
time of his retirement, to be paid by the county employing 
him, or, if he is employed by more than one county, by the 
counties by which his salary is paid, and in the same pro- 
portion; provided, that no person so retired upon attaining 
the age of seventy shall be entitled to such pension unless, 
during the fifteen years immediately preceding retirement, 
he has given his whole time to the duties of the office of 
probation ofiicer and has faithfully performed such duties. 

Approved May 17, 1938. 



G. L. (Ter. 
Ed.), 32, § 76. 
amended. 



Amount of 
pension 



Chap. S24: An Act giving the administrative committee of the 

DISTRICT COURTS CERTAIN POWERS WITH RESPECT TO 
TRIAL JUSTICES. 

Be it enacted, etc., as follows: 

Ed V' 2^8"^' '^^^ ^^^^ paragraph of section forty-three A of chapter 

§43A, ' two hundred and eighteen of the General Laws, as appear- 
amended. -^^^ ^^ ^j^^ Tercentenary Edition, is hereby amended by 



Acts, 1938. — Chap. 325. 275 

inserting after the word "Boston" in the eighth line the 
words: — , or any trial justice, — and by inserting after 
the word "clerks" in the tenth line the words: — and by 
trial justices, — so as to read as follows: — There shall be Administrative 
an administrative committee of district courts, which shall committee, 
consist of the three presiding justices for the time being 
designated by the chief justice of the supreme judicial court 
under section one hundred and eight of chapter two hun- 
dred and thirty-one to act in the appellate districts of dis- 
trict courts, other than the municipal court of the city of 
Boston. The committee shall be authorized to visit any 
district court, other than the municipal court of the city of 
Boston, or any trial justice, as a committee or by sub- 
committee, to recommend uniform practices, forms of blanks 
and records, and to superintend the keeping of records by 
clerks and by trial justices. Approved May 17, 1938. 

An Act relative to reducing or dissolving excessive Chav 325 

OR UNREASONABLE ATTACHMENTS BY TRUSTEE PROCESS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and fourteen of chap- g. l. (Ter. 
ter two hundred and twenty-three of the General Laws, as Amended.' ^ ^^^' 
appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "attachment" in the first line 
the words : — , by trustee process or otherwise, — and by 
striking out, in the last line, the words "goods or estate to 
be released" and inserting in place thereof the words: — 
goods, estate, effects or credits to be released, — so as to 
read as follows: — Section 114. If an excessive or unrea- Excessive, etc., 
sonable attachment, by trustee process or otherwise, is how'r'lduced 
made on mesne process, the defendant or person whose or discharged. 
property has been attached may apply in writing, in any 
county, to a justice of the court to which such process is 
returnable, for a reduction of the amount of the attach- 
ment or for its discharge; and such justice shall order a 
notice to the plaintiff, or, if the plaintiff is a non-resident, 
to his attorney, which shall be returnable before himself or 
any other justice of the same court as speedily as circum- 
stances permit. If, upon a summary hearing of the parties, 
it is found that the attachment is excessive or unreason- 
able, the justice shall reduce or dissolve the attachment or 
order a part of the goods, estate, effects or credits to be 
released. 

Section 2. This act shall take effect upon September Effective 
first in the current year, and shall apply only to actions ^**^®' 
commenced on or after said date. 

Approved May 17, 1938. 



276 



Acts, 1938. — Chaps. 326, 327. 



Chap. 326 An Act relative to the pensioning of certain reserve 

AND PERMANENT MEMBERS OF POLICE AND FIRE FORCES 
OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

So much of the provisions of sections fifty-six to sixty, 
inclusive, eighty, eighty-one and eighty-three to eighty- 
five, inclusive, of chapter thirty-two of the General Laws 
as apply to members of a police or fire department of a 
city or town shall apply to members of the reserve force 
of any such department whose employment as such began 
prior to July first, nineteen hundred and thirty-seven, and 
to members of the permanent force of any such department 
promoted thereto from such reserve force after said date, 
if the service of such member in such reserve force began 
prior to said date and continued up to the time of his promo- 
tion as aforesaid, notwithstanding any provision of law to 
the contrary. Approved May 17, 1938. 



Chap. 327 An Act prohibiting the use of the words "common- 
wealth", "state" or "united states" as a part of 
the name of certain corporations. 



G. L. (Ter. 
Ed.). 155, § 9, 
amended. 



Corporate 
name, iise of 
certain words 
in, prohibited. 



Be it enacted, etc., as follows: 

Section 1. Section nine of chapter one hundred and 
fifty-five of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by inserting after 
the word "commissioner" in the ninth line the words: — 
; provided, that no business corporation, bank or insurance 
company shall have as a part of its corporate name the 
word "Commonwealth", "State" or "United States",— 
so as to read as follows : — Section 9. A corporation or- 
ganized under general laws may assume any name which, 
in the judgment of the commissioner, indicates that it is a 
corporation; but it shall not assume the name of another 
corporation established under the laws of the common- 
wealth, or of a corporation, firm, association or person car- 
rying on business in the commonwealth, at the time of 
such organization or within three years prior thereto, or 
assume a name so similar thereto as to be likely to be mis- 
taken for it, except with the written consent of said existing 
corporation, firm or association or of such person previously 
filed with the commissioner; provided, that no business 
corporation, bank or insurance companj'- shall have. as a part 
of its corporate name the word "Commonwealth", " State" 
or "United States". The supreme judicial or superior court 
shall have jurisdiction in equity, upon the application of 
any person interested or affected, to enjoin such corpora- 
tion from doing business under a name assmned in violation 
of this section, although its certificate or articles of organ- 
ization may have been approved and a certificate of in- 
corporation may have been issued to it. 



Acts, 1938. — Chap. 328. 277 

Section 2. This act shall not apply to any business AppUcation 
corporation, bank or insurance company authorized to °^**^*' 
transact business in the commonwealth on the effective 
date thereof which then has as a part of its corporate name 
the word "Commonwealth", "State" or "United States". 

Approved May 17, 1938. 



An Act providing for administration in certain cases, Qjidj) 328 

AND relative TO THE REMOVAL OF PROPERTY OF A DE- 

cedent pending action in a probate court of this 
commonwealth. 

Be it enacted, etc., as follows: 

Section three of chapter one hundred and ninety-three g. l. (Ter. 
of the General Laws, as appearing in the Tercentenary Amended.' ^ ^' 
Edition, is hereby amended by inserting in the third line 
after the word "sixty-five" the following: — or an estate tax 
under chapter sLxty-five A, — and by adding at the end of 
the section the following : — If, in the opinion of said com- 
missioner, there is need for the appointment of a special 
administrator of such an estate for the protection of the 
interests of the commonwealth in respect to taxes under 
any of said chapters, either to prevent removal of property 
or for any other reason, said commissioner may at any time 
make application to the probate court for the appointment 
of such an administrator and the court may in its discretion 
make such appointment in the manner provided in section 
ten. Whoever, knowing that an application has been filed 
under this section either for administration or special ad- 
ministration of such an estate, shall remove from the com- 
monwealth, except vmder an order or license of a court 
thereof, property belonging to such estate pending action 
by the court on such application and prior to the appoint- 
ment of an executor or the granting of administration, 
ordinary or otherwise, under any other provision of law by 
a court of the commonwealth shall be punished by a fine 
of not more than ten thousand dollars or by imprisonment 
for not more than one year, or both, — so as to read as 
follows: — Section 3. If a person dies leaving an estate Right of com- 
which may be liable to an income tax under chapter sixty- missioner of 

•' . ii,-,/- corporations 

two or a legacy or succession tax under chapter sixty-five and taxation 
or an estate tax under chapter sixty-five A, and a will dis- admms^t/a-"^ 
posing of such estate is not offered for probate, or an appli- ^j^jj j.^g^g'" 
cation for administration made, within four months after 
his decease, the probate court, upon application by the 
commissioner of corporations and taxation, may appoint an 
administrator. If, in the opinion of said commissioner, 
there is need for the appointment of a special adminis- 
trator of such an estate for the protection of the interests 
of the commonwealth in respect to taxes under any of said 
chapters, either to prevent removal of property or for any 
other reason, said commissioner may at any time make 



278 



Acts, 1938. — Chap. 329. 



application to the probate court for the appointment of 
such an administrator and the court may in its discretion 
make such appointment in the manner provided in section 
ten. Whoever, knowing that an appHcation has been filed 
under this section either for administration or special ad- 
ministration of such an estate, shall remove from the com- 
monwealth, except under an order or license of a court 
thereof, property belonging to such estate pending action 
by the court on such application and prior to the appoint- 
ment of an executor or the granting of administration, 
ordinary or otherwise, under any other provision of law by 
a court of the commonwealth shall be punished by a fine 
of not more than ten thousand dollars or by imprisonment 
for not more than one year, or both. 

Approved May 17, 1938. 



G. L. (Ter. 
Ed.), 69, 
new sections 
25A-25E, in- 
clusive, added. 

Issue of 
licenses to 
raise funds 
for the blind. 



C hap. S29 An Act regulating the raising of funds for the bene- 
fit OF the blind. 

Be it enacted, etc., as follows: 

Chapter sixty-nine of the General Laws is hereby amended 
by inserting after section twenty-five, as amended, the fol- 
lowing five new sections: — Section 25 A. The director, upon 
written application stating the purpose and manner of rais- 
ing funds, the time during which it is proposed to solicit, 
and the time and place of any proposed entertainment or 
game, may issue licenses to raise funds for the benefit of 
the blind. He may order a hearing on any such application, 
and may require such public notice thereof to be given as 
he deems expedient. If the director has reasonable grounds 
for believing that a violation of law is intended, or that the 
granting of the license will not be for the public interest, 
he may refuse to issue the same. Every such license shall 
contain the name of the applicant, the purpose for which 
it is granted, and the period, which shall not exceed one 
year, for which it is issued. Any person aggrieved by the 
refusal of the director to issue such a license may appeal to 
the advisory board of the division, whose decision shall be 
final. 

Section 25B. No person shall offer for sale tags, tickets, 
souvenirs or other merchandise, or conduct an entertain- 
ment or game, or otherwise solicit funds, for the bene- 
fit of any blind person or group of blind persons, without 
a license under section twenty-five A. Whoever receives 
such a license shall cause to appear upon every article sold 
thereunder, and shall post in a conspicuous place near the 
entrance to any building where an entertainment or game 
is to be held thereunder, a statement that such sale, enter- 
tainment or game has been duly licensed by the director, 
and shall comply with all rules and regulations made by 
said director under authority of section twenty-five C. 

Section 25C. The director may make rules and regula- 
tions relative to the conduct of sales, entertainments, solic- 



Soli citing 
funds without 
a license 
prohibited. 



Rules and 
regulations. 



Acts, 1938. — Chap. 330. 279 

iting campaigns and other methods of raising funds for the 
benefit of bhnd persons, and may by such rules and regu- 
lations limit the amount of commissions and other compen- 
sation to be received by persons engaged in raising such 
funds. 

Section 25D. Whoever violates any provision of section Penalty, 
twentj^-five B or of an}^ rule or regulation made under 
authority of section twenty-five C shall be punished by a 
fine of not less than one hundred nor more than five hun- 
dred dollars, or by imprisonment for not less than three 
months nor more than one year, or both. A conviction of 
any such violation shall be reported forthwith by the court 
or magistrate to the director, who may revoke the license 
of any licensed person so convicted. 

Section 25E. Sections twenty-five A to twenty-five D, ^fPjS? 
inclusive, shall not apply to the Perkins Institution and limited. 
Massachusetts School for the Blind, to The Catholic Guild 
for the Blind, or to any organization incorporated under 
the laws of the commonwealth prior to January first, nine- 
teen hundred and thirty-eight, and theretofore engaged in 
work for the blind; nor shall the provisions of said sections 
restrict any blind person in the pursuit of a gainful occu- 
pation if he does not hold out his blindness as an induce- 
ment of patronage, or prohibit the featuring of blind artists 
at duly licensed places of amusements, or at entertainments 
for the benefit of charitable, benevolent or religious organ- 
izations not subject to said sections. 

A'pproved May 17, 1938. 



An Act further reducing the rate of interest on (7/iax).330 

UNPAID LOCAL TAXES. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-nine of the General Laws is a L.^jer. 
hereb}^ amended by striking out section fifty-seven, as most § 57,' etc., 
recently amended by section one of chapter two hundred amended, 
and three of the acts of nineteen hundred and thirty-seven, 
and inserting in place thereof the following: — Section 57. ^^ent oTtaxes. 
Taxes shall be payable in every city, town and district in 
which the same are assessed, in two equal instalments, on 
July first and on October first of each j^ear, and bills for 
the same shall be sent out not later than June fourteenth 
of each year. Interest shall be paid at the rate of four interest 
per cent per annum on all taxes remaining unpaid after 
November first of the year in which they are payable, com- 
puted from October first of such year. Bills for taxes as- 
sessed under section seventy-five shall be sent out not later 
than December twenty-sixth, and such taxes shall be pay- 
able not later than December thirty-first. If they remain 
unpaid after that date, interest shall be paid at the rate 
above specified, computed from December thirty-first until 
the day of payment, but if, in any case, the tax bill is sent 



280 Acts, 1938. — Chaps. 331, 332. 

out later than December twenty-sixth, said taxes shall be 
payable not later than ten days from the day upon which 
said bill is sent out, and interest shall be computed from 
the fifteenth day following the date when the tax becomes 
due. In all cases where interest is payable it shall be added 
to and become a part of the tax. 
o/'alt'^''^'"" Section 2. This act shall apply only to taxes assessed 

in the current year and thereafter. 

Approved May 17, 1938. 

Chap. SSI An Act providing compensation for the commanding 

GENERAL OF THE TWENTY-SIXTH DIVISION AS A MEMBER 
OF THE SPECIAL MILITARY RESERVATION COMMISSION. 

Be it enacted, etc., as follows: 

Chapter one hundred and ninety-six of the acts of nine- 
teen hundred and thirty-five is hereby amended by striking 
out section one and inserting in place thereof the following: 
— Section 1 . A special military reservation commission is 
hereby established, consisting of the adjutant general as 
chairman, and of the commanding general of the twenty- 
sixth division, Massachusetts national guard, and the state 
quartermaster, as associate commissioners, said commission 
to be hereinafter referred to as the commission. Neither the 
adjutant general nor the state quartermaster shall receive 
any additional compensation on account of their mem- 
bership in said commission. Said commanding general shall 
receive one day's pay of grade for each day upon which he 
actually sits, or performs the duties incumbent upon him, 
as a member of the commission, but in no event more than 
two hundred and fifty dollars in any one year. 

Approved May 17, 1938. 

Chap.SS2 An Act establishing a fee for the transfer of cer- 
tain PLATES FURNISHED FOR CERTAIN MOTOR VEHICLES 
TRANSPORTING PROPERTY FOR HIRE. 

Emergency Whcreas, The deferred operation of this act would tend 

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

an emergency law, necessary for the immediate preservation 

of the public convenience. 

Be it enacted, etc., as follows: 

g. l. (Ter. Scction scveu of chapter one hundred and fifty-nine B 

f 7?etc?^' of the General Laws, as amended by section three of chap- 
amended. ^gj. three hundred and forty-five of the acts of nineteen 

hundred and thirty-six, is hereby further amended by in- 
serting after the word "dollar" in the fifteenth Hne the 
following : — and the charge for each transfer thereof shall 
Certification be ouc dollar, — so as to read as follows : — Section 7. 
frliMport" Each application for a certificate or permit shall be made 
for°^ir^ in writing in such form as the department may prescribe, 

shall be verified by oath or written declaration that it is 



Acts, 1938. — Chap. 333. 281 

made under the penalties of perjury, shall contain such in- 
formation as the department msiy require and shall be 
accompanied by a fee of ten dollars. A distinguishing plate 
shall be prescribed and furnished by the department annu- 
ally for each of the vehicles which are reasonably necessary 
for the conduct of the business of the holder of the cer- 
tificate or permit, and there shall be displayed upon each 
motor vehicle operated under any provision of this chapter 
the plate so furnished for such vehicle. Transfer of such Transfer 
plate from one vehicle to another is prohibited except upon ° ^'^*''^' 
authority and consent of the department. The annual Fee. 
charge for each plate shall be one dollar and the charge for 
each transfer thereof shall be one dollar. Any such cer- 
tificate or any such permit issued as aforesaid may be 
assigned and transferred in whole or in part, with the ap- 
proval and consent of the department, by the holder, his 
assignee, receiver or trustee, or by the holder's personal 
representative or the surviving partner or partners or the 
deceased partner's personal representative to whom the 
rights and privileges under said certificate or permit shall 
pass at the death of said holder. The department is hereby 
authorized to prescribe the conditions precedent to such 
transfer and make any necessary rules and regulations per- 
taining thereto, including the payment of a fee not ex- 
ceeding one dollar for the approval of the transfer, in whole 
or in part, of a permit and a fee of not exceeding five dol- 
lars for the approval of the transfer, in whole or in part, of 
a certificate. The department may revoke, or suspend for 
such period of time as it may deem fit, any certificate or 
permit in whole or in part for wilful and repeated violations 
of any provision of this chapter or of the regulations of the 
department made under authority thereof, after a hearing, 
at least ten days' notice of which shall be given to the 
holder of the certificate or permit. Any such certificate or 
permit shall remain in effect unless and until revoked by 
the department as herein provided, but subject, however, 
to suspension as aforesaid. Approved May 19, 1938. 



An Act authorizing the town of Leicester to borrow Chap.3SS 

MONEY for the PURPOSE OF CONSTRUCTING A SCHOOL 
BUILDING OR A SCHOOL AND TOWN OFFICE BUILDING COM- 
BINED, OR TO RENT FROM THE TRUSTEES OF THE LEICESTER 
ACADEMY A BUILDING FOR A TERM OF YEARS FOR SAID 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for, and 
constructing and originally equipping and furnishing, a 
school building or a school and town office building com- 
bined, the town of Leicester 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 ag- 



282 Acts, 1938. — Chaps. 334, 335. 

gregate, eighty thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Leicester Building Loan, Act of 1938. 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 act shall be in excess of 
the statutory limit, but shall, except as herein provided, be 
subject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

Section 2. In lieu of entering upon the building con- 
struction described in section one and borrowing as author- 
ized thereby, the town of Leicester may lease from the 
Trustees of Leicester Academy, for use for school and town 
building purposes, or either of said purposes, a building owned 
or to be constructed by said trustees, said lease to be entered 
into for a period of not more than twenty years and to con- 
tain such other provisions as may be agreed upon by said 
trustees and said town. 

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

Approved May 19, 1938. 

Chap.SSA An Act further extending the term of office of the 

MILK CONTROL BOARD. 

Emergency Wheveas, 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 
pubhc convenience. 

Be it enacted, etc., as folloios: 

Chapter three hundred and seventy-six of the acts of 
nineteen hundred and thirty-four is hereby amended by 
striking out section twenty-two, as amended by chapter 
three hundred of the acts of nineteen hundred and thirty- 
six, and inserting in place thereof the following : — Section 
22. The board shall continue with all the duties and re- 
sponsibilities prescribed and imposed by this act until June 
thirtieth, nineteen hundred and forty. On and after the 
date when this act ceases to be operative any and all obli- 
gations which shall have arisen prior to such date or which 
may arise thereafter in connection therewith, and any vio- 
lations 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 19, 1938. 

Char).335 ^^ ^'^^ relative to the allowance of hours for meals 

FOR "WOMEN AND CHILDREN EMPLOYED IN FACTORIES AND 
WORKSHOPS. 

pr^ambi""^ Whcreas, The deferred operation of this act would tend 

to defeat its purpose, therefore it is hereby declared to be an 



Acts, 1938. — Chaps. 336, 337. 283 

emergency law, necessary for the immediate preservation 
of the pubhc convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-nine of the General Laws Sj^lTg®""- 
is hereby amended by striking out section one hundred and § i6i, amended. 
one, as appearing in the Tercentenary Edition, and insert- 
ing in place thereof the following: — Section 101. The two ^/'?^|*'°" 
preceding sections shall not apply to iron works, glass works, and loo. 
paper mills, letterpress estabHshments, print works, bleach- Hours for 
ing works or dyeing works; and the commissioner, if it is ^omen°and 
proved to his satisfaction that in any other factories or children, 
workshops it is necessary, by reason of the continuous 
nature of the processes or of special circumstances affecting 
such factories or workshops, to exempt them from the two 
preceding sections and that such exemption can be made 
without injury to the health of the women and children af- 
fected thereby, may grant such exemption as, in his dis- 
cretion, seems necessary. Approved May 19, 1938. 



Chap.S36 



An Act authorizing the city of brockton to pay an 
annuity to the widow of william c. barteau. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Brockton may pay an annuity 
under section eighty-nine of chapter thirty-two of the Gen- 
eral Laws, as amended, to, or for the benefit of, the widow 
of William C. Barteau, who died on August twentieth, 
nineteen hundred and thirty-seven, from injuries received 
on August fourteenth, nineteen hundred and twenty-eight, 
while in the performance of duty as a member of its police 
department, as though the injuries causing the death of 
said Barteau had been received after January first, nine- 
teen hundred and thirty. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city coun- 
cil of said city, subject to the provisions of its charter, but 
not otherwise. Approved May 19, 1938. 



An Act further regulating the salaries of the chair- Qhav 337 
man and secretary of the board of registration of 

BARBERS. 

Be it' enacted, etc., as follows: 

Section L Section forty-one of chapter thirteen of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, amended.^ *^' 
is hereby amended by striking out, in the third line, the 
word "secretary" and inserting in place thereof the word: 
— chairman, — so as to read as follows: — Section 41. The Compensation, 
members of the board shall devote their full time to the bers and"s^eTre- 
duties of their offices and they shall receive from tlic com- """y °f board. 



284 



Acts, 1938. — (hap. 338. 



Effective 
date. 



mon wealth the following salaries: — the chairman, three 
thousand dollars and his necessary expenses incurred in the 
discharge of his official duties, and each of the other two 
members twenty-five hundred dollars and his necessary 
expenses so incurred; provided, that the salaries and ex- 
penses of the members of the board, and the expenses of 
the board, shall not be in excess of the receipts for registra- 
tion and from other sources received by the state treasurer 
from the board. 

Section 2. This act shall take effect on January first, 
nineteen hundred and thirty-nine. 

Approved May 19, 1938. 



G. L. (Ter. 
Ed.), 231. 
§ 102A, etc., 
amended. 



Removal of 
certain actions 
brought in 
district courts. 



C7iap.338 An Act giving district courts discretionary power 

TO ALLOW PLAINTIFFS TO REMOVE MOTOR VEHICLE TORT 
CASES, so CALLED, TO THE SUPERIOR COURT FOR THE PUR- 
POSE OF CONSOLIDATING CASES FOR TRIAL. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and thirty-one of the 
General Laws is herebj^ amended by striking out section one 
hundred and two A, as amended by section one of chapter 
one hundred and thirty-three of the acts of nineteen hun- 
dred and thirty-seven, and inserting in place thereof the 
following: — Sectio7i 102 A. A party bringing in a district 
court an action of tort arising out of the operation of a 
motor vehicle shall thereby be deemed to have waived a 
trial by jury and any right of appeal to the superior court, 
unless said action is removed to the superior court as pro- 
vided in this section, but in case such action is so removed 
by any other party the plaintiff shall have the same right 
to claim a jury trial as if the action had been originally 
brought in the superior court. Not more than four days 
after the entry of such an action in a district court, or at 
any time thereafter by leave of such court if it finds that 
there is another action pending in the superior court with 
which such action should be consolidated for trial, the plain- 
tiff may file in the district court a claim of trial by the su- 
perior court, with or without jury, and an affidavit by his 
counsel of record, if any, and if none, the affidavit of such 
party, that in his opinion there is an issue of fact or law 
requiring trial in the cause and that such trial is in good faith 
intended, together with the sum of three dollars for the entry 
of the cause in the superior court. The clerk shall forthwith 
transmit the papers in the cause and said entry fee to the 
clerk of the superior court, and the case shall proceed as 
though originally entered there. 

No other party to such action shall be entitled to an 
appeal. In lieu thereof, any such other party may remove 
such action to the superior court and the pertinent provi- 
sions of sections one hundred and four to one hundred and 
ten, inclusive, shall apply thereto. If a trial by jury is 



Acts, 1938. — Chap. 339. 285 

claimed by smy party such action may be marked for trial 
upon the hst of causes advanced for speedy trial by jury. 

Section 2. This act shall take effect upon September Effective 
first in the current year. A'pyroved May 19, 1938. •^^*^- 



An Act relative to the effect of tax sales and tak- (7/irtp.339 

INGS on easements AND RESTRICTIONS, AND ON COVE- 
NANTS AND AGREEMENTS RUNNING WITH THE LAND. 

Be it enacted, etc., as follows: 

Section 1. Section forty-five of chapter sixty of the g. l. (Ter. 
General Lavv^s, as most recently amended by chapter two f is," etc., 
hundred and nine of the acts of nineteen hundred and amended, 
thirty-seven, is hereby further amended by inserting after 
the word "conveyed" in the sixteenth line the words: — 
, both before and after either redemption or foreclosure, 
— by inserting after the word "and" the first time it occurs 
in the eighteenth line the words : — , except as provided in 
section seventy-seven, — and by striking out, in the twen- 
tieth line, the word "taken" and inserting in place thereof 
the word: — conveyed, — so as to read as follows: — Sec- collector's 
tion 4-5- The collector shall execute and deliver to the pur- and^effe^t*.**"*^ 
chaser a deed of the land, stating the cause of sale, the 
price for which the land was sold, the name of the person 
on whom the demand for the tax was made, the places 
where the notices were posted, the name of the newspaper 
in which the advertisement of the sale was published, and 
the residence of the grantee, and shall contain a warranty 
that the sale has in all particulars been conducted according 
to law. The deed shall convey the land to the purchaser, 
subject to the right of redemption. The title thus conveyed 
shall, until redemption or until the right of redemption is 
foreclosed as hereinafter provided, be held as security for 
the repayment of the purchase price, with all intervening 
costs, terms imposed for redemption and charges, with 
interest thereon, and the premises conveyed, both before 
and after either redemption or foreclosure, shall also be 
subject to and have the benefit of all easements and re- 
strictions lawfully existing in, upon or over said land or 
appurtenant thereto, and, except as pro\ided in section 
seventj^-seven, all covenants and agreements running with 
said premises either at law or in equity, when so conveyed. 
Such deed shall not be valid unless recorded within sixty 
days after the sale. If so recorded it shall be prima facie 
evidence of all facts essential to the validity of the title 
thereby conveyed, whether the deed was executed on or 
before as well as since July first, nineteen hundi'ed and 
fifteen. No sale hereafter made shall give to the purchaser 
any right to possession of the land until the expiration of 
two years after the date of the sale. ' 

Section 2. Section fifty-four of said chapter sixty, as Sj^iJ^""- 
amended by section seven of chapter three hundred and § 54.' etc., 

amended. 



286 



Acts, 1938. — Chap. 339. 



Instrument of 
taking, form, 
contents, effect. 



G. L. (Ter. 
Ed.). 60, § 77, 
amended. 



Title of city 
or town after 
foreclosure. 



Extension 
of certain 
covenants. 



twenty-five of the acts of nineteen hundred and thirty- 
three, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following : — 
Such title shall, until redemption or until the right of re- 
demption is foreclosed as hereinafter provided, be held as 
security for the repayment of said taxes with all intervening 
costs, terms imposed for redemption and charges, with in- 
terest thereon, and the premises so taken, both before and 
after either redemption or foreclosure, shall also be subject 
to and have the benefit of all easements and restrictions 
lawfully existing in, upon or over said land or appurtenant 
thereto, and, except as provided in section seventy-seven, 
all covenants and agreements running with said premises 
either at law or in equity, when so taken, — so as to read 
as follows: — Section 54. The instrument of taking shall 
be under the hand and seal of the collector and shall contain 
a statement of the cause of taking, a substantially accurate 
description of each parcel of land taken, the name of the 
person to whom the same was assessed, the amount of the 
tax thereon, and the incidental expenses and costs to the 
date of taking. Such an instrument of taking shall not be 
valid unless recorded within sixty days of the date of taking. 
If so recorded it shall be prima facie evidence of all facts 
essential to the validity of the title so taken, whether the 
taking was made on or before as well as since July first, 
nineteen hundred and fifteen. Title to the land so taken 
shall thereupon vest in the town, subject to the right of 
redemption. Such title shall, until redemption or until the 
right of redemption is foreclosed as hereinafter provided, be 
held as security for the repayment of said taxes with all in- 
tervening costs, terms imposed for redemption and charges, 
with interest thereon, and the premises so taken, both be- 
fore and after either redemption or foreclosure, shall also 
be subject to and have the benefit of all easements and re- 
strictions lawfully existing in, upon or over said land or 
appurtenant thereto, and, except as provided in section 
seventy-seven, all covenants and agreements running with 
said premises either at law or in equity, when so taken. 

Section 3. Section seventy-seven of said chapter sixty, 
as appearing in the Tercentenary Edition, is hereby amended 
by adding at the end the following new paragraph : — 

Before foreclosure so much of the provisions of any cove- 
nant or agreement running with the land as calls for the 
payment of money by the owner thereof shall not be enforce- 
able against a town which is the owner of record of such 
land under a tax title or taking, except as hereinafter pro- 
vided. After foreclosure the town while it is the owner of 
record of such land may apply to the commissioner for an 
extension of the time during which such provisions shall not 
be enforceable against it. The commissioner shall have 
the power in his discretion to grant such an extension for a 
period not exceeding one year from the date of the fore- 
closure, and thereafter, from time to time, upon similar 



Acts, 1938. — Chap. 340. 287 

applications, may in his discretion grant similar additional 
extensions. Any such extension shall be in writing, may 
be recorded in the appropriate registry of deeds, and if so 
recorded within thirty days from its date, shall be conclu- 
sive in favor of the town. In no event, however, shall such 
provisions calhng for the payment of money be so suspended 
and inoperative during any period in which such town 
directly or indirectly in any capacity accepts or receives 
the benefit of such covenant or agreement or of any right 
or privilege created or affected thereby. 

Approved May 19, 1938. 



An Act providing for the removal of the present 
incline and approach to the tremont street sub- 
way located in boylston street between arlington 
street and charles street in the city of boston 
upon the discontinuance of the use thereof by the 
boston elevated railway company and relative to 
the taking of certain land for municipal and other 
purposes in said city. 

Be it enacted, etc., as follows: 

Section 1. Upon the discontinuance by the Boston 
Elevated Railway Company, hereinafter called the com- 
pany, of its use of the present incline and approach to the 
Tremont street subway, located in Boylston street between 
Arlington street and Charles street in the city of Boston, 
hereinafter called the city, constructed under authority of 
chapter eight hundred and ten of the acts of nineteen hun- 
dred and thirteen and used by said company under its 
contract with the city for the use of the Boylston street sub- 
way, dated December seventh, nineteen hundred and eleven, 
as modified by the contract of said company with the 
city, dated September twenty-ninth, nineteen hundred and 
thirteen, the city, acting through its transit department, 
hereinafter called the department, is hereby authorized to 
remove the said incline and approach and to fill up the ex- 
cavation of said incline and, when said incline and approach 
have been removed and said excavation filled in, to repave 
and resurface so much of Boylston street between Arlington 
street and Charles street as it may deem necessary for traffic 
purposes; provided, that no part of said work shall be 
begun unless and until a plan thereof shall have been pre- 
pared by the department and approved by the board of 
trustees of the company and its board of directors. 

The net cost of the Boylston street subway and of the 
Tremont street subway, upon which the company pays 
rental, shall be neither increased nor decreased on account 
of the work herein authorized. 

Section 2. The department may order the temporary 
removal or relocation of any surface tracks, and the tempo- 
rary or permanent removal or relocation of any conduits, 



Chap MO 



288 Acts, 1938. — Chap. 340. 

pipes, wires, poles, or other property, located in public ways 
or places, which it deems to interfere with the work author- 
ized by this act, and shall grant new locations for any such 
structures so removed or relocated. Such orders, to the 
extent specified therein, shall be deemed a revocation of 
the right or license to maintain such tracks, conduits, pipes, 
wires, poles, or other property, in such public ways or places, 
and the owner of any such structures in public waj^s or lands 
shall compty with such orders without expense to the city. 
If any such owner shall fail to comply with the order of 
the department within a reasonable time, to be fixed in the 
order, the department may discontinue and remove such 
tracks, conduits, pipes, wires, poles, or other property, and 
may relocate the same, and the cost of such discontinuance, 
removal or relocation shall be repaid to the city by the 
owner. No such discontinuance, removal or relocation shall 
entitle the owner of the property thus affected to any dam- 
ages on account thereof. Any gas or electric lighting com- 
pany shall shut off the gas or current from any pipes or 
wires affected by any acts done hereunder, so far and for 
such time as may be necessary to prevent the escape or ex- 
plosion of gas, or other public danger. 

Section 3. So much of the provisions of section three 
of said chapter eight hundred and ten as provides that if 
the new incline therein provided for shall be discontinued 
at any future time the land taken under authority thereof 
from the Public Garden for the widening of Boylston street 
shall revert back to its then present use as a part of the 
Public Garden, and the then existing street line of Boylston 
street shall be re-established, is hereby repealed. 

Section 4. The taking without compensation therefor, 
under an order passed June twenty-fifth, nineteen hundred 
and fourteen, by the board of street commissioners of the 
city, approved by the mayor of the city June twenty-ninth, 
nineteen hundred and fourteen, of the parcel of public land, 
hereinafter described, for the making in the city of the public 
improvement consisting of the widening and construction 
of Boylston street, Boston proper, as a highway, on the 
northerly side, easterly from Arlington street, substantially 
as shown on a plan marked City of Boston Boylston St. 
Boston Proper May 20, 1914 F. O. Whitney Chief Engineer 
Street Laying Out Department, and deposited in the office 
of said department, is hereby authorized, ratified and con- 
firmed. Said parcel is in said order named, bounded and 
described as follows: — "The highway named Boylston 
street is hereby widened on the northerly side, easterly 
from Arlington street, and the Boston Transit Commission 
is hereby authorized to construct the same. Said highway 
as hereby widened is bounded — West by Arlington street, 
forty and 15/100 feet; north by the northerly line of Boyl- 
ston street as hereby widened, three hundred seventy-six 
and 45/100 feet; southeast by the northwesterly line of 
Boylston street as established by the Boston Transit Com- 



Acts, 1938. — Chap. 341. 289 

mission under authority of chapter 810 of the Acts of the 
Legislature of 1913, three hundred seventy-five and 16/100 
feet: containing seventy-five hundred twenty-nine square 
feet more or less." 

Section 5. Sections three, four and this section shall 
take effect upon the passage of this act. Sections one and 
two shall take full effect only upon acceptance thereof by 
the board of trustees of the Boston Elevated Railway Com- 
pany and by said company by vote of its board of directors 
and upon the filing of certificates of such acceptances with 
the state secretary; provided, that such acceptances and 
filing occur during the current year. 

Approved May 19, 1938. 

An Act making changes and adjustments in certain Qhnri 341 

LAWS authorizing THE ELECTION OF CERTAIN CITY AND ^' 

TOWN OFFICERS BY PROPORTIONAL REPRESENTATION AND 
PREFERENTIAL VOTING, AND HARMONIZING AND CORRE- 
LATING SUCH LAWS WITH OTHER PROVISIONS OF THE 
GENERAL LAWS. 

Be it enacted, etc., as follows: 

Section 1. The General Laws are hereby amended by g. l. (Ter. 
striking out chapter fifty-four A, inserted by chapter three stricken out 
hundred and forty-five of the acts of nineteen hundred and ^^^'i^e^ted^P" 
thirty-seven, and inserting in place thereof the following : — 

Chapter 54A. 

Election of Certain City and Town Officers by Pro- 
portional Representation or Preferential Voting. 

Section 1. The following words, as used in this chapter, Definitions, 
shall, unless the context otherwise requires, have the follow- 
ing meanings: 

"Elected at large" shall mean elected by and from all 
the voters of a city or town. 

"Elective body" or "body" shall mean any body, board 
or commission of any city or town, whether or not any or 
all of its members are elected at large, including the school 
committee, the selectmen of a town and the legislative body 
of a city, or either branch thereof, but shall not include the 
city council of the city of Boston or the town meeting 
members of any town. 

"Elective office" or "office" shall mean any ofiice in any 
city or town, other than that of a member of a body as 
herein defined, the incumbent of which is elected at large. 

"Elective officer" or "officer" shall mean any officer of 
any city or town, not a member of a body as herein defined, 
who is elected at large. 

"Proportional representation", shall mean any propor- 
tional representation method of election authorized by this 
chapter. 



290 



Acts, 1938. — Chap. 341. 



Petition, con- 
tents, form of 
question for 
submission 
to voters. 



"Preferential voting" shall mean the preferential voting 
method of election provided for in this chapter. 

This chapter shall not apply to any town wherein official 
ballots are not used at town elections. 

Section 2. A petition in a form prescribed as hereinafter 
provided, signed in person by registered voters of any city 
or any town as to which this chapter applies, equal in num- 
ber to at least ten per cent of the registered voters thereof, 
petitioning that all the members of any particular elective 
body as to which this chapter applies, specified in the peti- 
tion, to be composed of any odd number of members not 
more than fifteen in a city, or any number then permitted 
by law in a town, which is specified therein, be elected 
at large by proportional representation, or that any par- 
ticular elective officer, specified therein, be elected by prefer- 
ential voting, and that the question of adopting the pro- 
posed change be submitted to the voters of such city or 
town at a regular state or municipal election, as specified 
therein, may be filed with the city or town clerk not later 
than ninety daj^s prior to such a state election or not later 
than sixty daj^s prior to such a municipal election, as the case 
may be; provided that this section shall not authorize the 
filing of a petition for submission of such a question relative 
to a body or officer except at, the regular state or municipal 
election next preceding a regular municipal election at which 
successors to one or more members of such a body are to be 
elected or a successor to such officer is to be elected, as the 
case may be; and, provided, further, that this section shall 
not authorize the submission of such a question relative to 
any body the members of which are already authorized to be 
elected by proportional representation. 

The city or town clerk shall prescribe the form of the 
aforesaid petitions which shall conform to the provisions of 
section thirty-eight of chapter forty-three relative to initia- 
tive petitions in cities governed by said chapter. 

Within twenty days after the filing of any such petition, 
the city or town clerk shall transmit the same to the regis- 
trars of voters who shall certify upon such petition the 
number of signatures which are names of registered voters 
in such city or town; provided, that the registrars need not 
certify a greater number of names than is equal in number 
to twelve per cent of the registered voters therein. Any 
petition for. the submission of any such question at a state 
election shall be transmitted to the state secretary forth- 
with* after the aforesaid certification. 

If such a petition, signed by the requisite number of 
voters of a city or town and otherwise conforming to the 
provisions of this section, is filed with the city or town 
clerk and the signatures thereon certified as hereinbefore 
required, there shall, except as provided in this section, be 
printed on the official ballot to be used in such city or town 
at the election specified in such petition, the question of the 
adoption of the change petitioned for, in the form set forth 



Acts, 1938. — Chap. 341. 291 

in the first of the following questions, in case the change 
will affect an elective body or in the form set forth in the 
second, in case it will affect an elective officer, the blanks 
in either such question to be properly filled in : — 

(1) Referendum on the election at large by proportional 
representation of the members of (insert name of the 
elective body specified in the petition) of the (city or 
town) of . _ 

Shall the (insert name of the elective body specified in 
the petition) of this (city or town) be elected by propor- 
tional representation as authorized in chapter fifty-four A 
of the General Laws, said bodj'- to consist of 
(insert number) members, all to be elected at 
large? 

(2) Referendum on the election by preferential voting 
of (insert title of the elective officer specified in the peti- 
tion) of the (city or town) of 

Shall the (insert title of the elective officer specified in 
the petition) of this (city or town) be elected 
by preferential voting as authorized in chapter 
fihy-four A of the General Laws? 



YES. 




NO. 





YES. 



If, pending the determination of the question of electing 
by proportional representation the members of any elective 
body proposed by a petition already filed under this sec- 
tion, a petition presenting the question of so electing the 
members of such body but specifying a different nmnber of 
members shall be presented for filing with a city or town 
clerk, no action shall be taken upon the later petition except 
to file it, until after the submission to a vote of the question 
proposed by the earlier petition. Should the result of such 
vote be adverse thereto, proceedings shall then be had upon 
the later petition as though it had been filed upon the day 
when such vote on the earlier petition was cast. 

If a majority of the votes cast upon anj^ such question 
relative to a body or officer of a city or town is in the aflftrm- 
ative the following provisions of this chapter, so far as apt, 
shall apply with respect to such body or officer and shall 
become operative with respect to the regular municipal 
election of such city or town next succeeding the vote on 
such question; provided, that if the terms of all members 
of such a body in office immediately preceding such elec- 
tion will not so expire that successors to all the members 
will be required by law to be elected at such election, the 
operation of such provisions shall be suspended and, as the 
terms of the members so in office, other than those having 
the longest unexpired terms, expire, their successors shall 
be elected, by the voting system then in effect, to serve 
only for terms of such length that the terms of all members 
so in office will expire at the same time. 

At the regular municipal election immediately preceding 
the termination of the terms of all members of such a body, 



292 Acts, 1938. — Chap. 341. 

the full number of its members as specified in the question 
shall be elected at large, to serve for terms of the same length 
as the longest term then estabHshed for any of its members, 
by proportional representation and in accordance ^ith the 
provisions of law governing elections to such body which 
are not inconsistent with this chapter, and thereafter as the 
terms of the members so elected expire their successors 
shall be elected in the same manner and, except as other- 
wise provided by chapter forty-one in the case of a town, 
for the same terms. 

At the regular municipal election immediately preceding 
the termination of the term of such an elective officer, his 
successor shall be elected, for the same term of office as 
then provided by law, by preferential voting and in accord- 
ance with the provisions of law governing elections to such 
office which are not inconsistent with this chapter. 

If affirmative action on any such question relative to an 
elective body of a city is taken at a state election and the 
regular city election at which proportional representation 
is first required hereby to be used for the election of mem- 
bers to such body occurs in the same year as such state 
election, the regular city election in that year shall take place 
on the third Tuesday of December, notwithstanding the pro- 
visions of its charter. 
Nomination Sectiofi 3. Notwithstanding any provision of general or 

special law, nominations of candidates to be elected to such 
a body or office shall be made only by nomination papers; 
and, except as hereinafter provided, the provisions of special 
law, if any, relative to the nomination of candidates by 
nomination papers for election to such body or office shall 
apply with respect to such nominations or, if there is no 
such special law, the provisions of general law relative to 
such nominations shall so apply. 

The number of signatures of voters of a city or town 
required for nomination of a candidate for election as a 
member of any such elective body shall be not less than 
one nor more than two for every two hundred votes cast 
for governor at the preceding biennial state election in such 
city or town, and for nomination of a candidate for election 
to any such elective office not less than one nor more than 
two for every one hundred votes so cast; and any nomi- 
nation papers for election to any such body or office bearing 
more than the maximum number of signatures permitted by 
this section shall be invalid. Nomination papers shall be 
issued by the city or town clerk to any such candidate, 
upon request, to such number as will provide spaces for 
signatures equal to three times the number of signatures 
required for the nomination of such a candidate, but no 
more. A voter may not sign the nomination papers of 
more than one candidate for election as a member of any 
such body; and if a voter signs nomination papers of more 
than one such candidate his signature shall be invalid on 



of candidates. 



Acts, 1938. — Chap. 341. 293 

all such papers except the first one acted upon by the regis- 
trars of voters. 

Section. 4- At any election at which members of such a BaUots. 
board are to be elected by proportional representation or form of. 
such an officer is to be elected by preferential voting, official 
ballots for such purpose shall be prepared and furnished by 
the city or town clerk. There shall be a separate form of 
ballot for each such body and for each such officer, and 
each such separate form of ballot shall be of a different and 
clearly distinguishable color from that of any other form of 
ballot prepared and furnished at the public expense for use 
at the same election. 

On such ballots for use in elections by proportional rep- 
resentation or preferential voting, there shall be printed the 
following directions to voters, the first sentence under the 
heading to be printed in prominent bold-faced type. 

DIRECTIONS TO VOTERS. 

Do NOT use X marks. 

Mark your choices with numbers only. 

Put the figure 1 opposite j^our first choice, the figure 2 
opposite your second choice, the figure 3 opposite your 
third choice, and so on. You may mark as many choices 
as you please. 

Do not put the same figure opposite more than one name. 

If you spoil this ballot, return it for cancellation to the 
election officer in charge of the ballots and get another 
from him. 

Section 5. Ballots used in elections to such a body or Arrangement 
office by proportional representation or preferential voting on^bSot. 
shall be printed in as many lots as there are candidates for 
election thereto. In the first lot the names of the candi- 
dates shall appear in the alphabetical order of their sur- 
names. In the second lot the names shall appear in the 
same order except that the first name in the first lot shall 
be placed last. In each succeeding lot the order shall 
be the same as that of the lot preceding, except that the 
first name in that preceding lot shall be placed last. Sets 
of ballots to be used at the several polling places shall be 
made up by combining ballots from the different lots in 
regular rotation, so that no two successive voters shall 
receive ballots from the same lot, and so that each candi- 
date's name shall appear first and in each other position sub- 
stantially the same number of times on the ballots used. 
The number of ballots provided for each polling place shall 
exceed by twenty per cent the number of voters entitled to 
vote thereat. 

Section 6. Immediately preceding an election by the P'^'^^rai count- 
method of proportional representation or preferential vot- '°^p'*'^^- 
ing, the city or town clerk shall designate a central count- 
ing place where ballots used under such method shall be 



294 Acts, 1938. —Chap. 341. 

brought together and counted pubhcly, appoint a compe- 
tent person to act as director of the count, employ a suffi- 
cient staff of assistants and make suitable arrangements for 
the counting of such ballots. 

The city or town clerk shall furnish the director of the 
count with a seal or suitable device with a designation 
thereon of such central counting place, and such seal shall 
be used in sealing all envelopes required by law to be sealed 
at said central counting place. The director of the count 
shall retain custody of the seal and shall after the election 
is at an end deliver it to the city or town clerk. Before 
entering upon the performance of his official duties, the 
director of the count and each of his assistants shall be 
sworn before the city or town clerk or any officer qualified 
to administer oaths, or, in the case of any such assistant, 
before the director; and a record thereof shall be made. 
The director of the count and his assistants shall receive 
such compensation for each day's actual service as the city 
council or selectmen may determine. During the absence 
or disability of the director of the count, such one of his 
assistants as may be designated by the city or town clerk 
shall perform the duties of such director. 
Appointment Section 7. At each election by the method of propor- 
chruengers^'etc. tioual representation or preferential voting any candidate 
for election by such method shall be entitled, upon written 
application to the city or town clerk at least ten days before 
said election, to exercise all rights granted by the election 
laws to a political party in regard to the appointment of 
challengers at the polling places. Such challengers shall be 
permitted to remain at the polling places until the ballots 
have been transmitted to the central counting place, and 
to accompany the ballot receptacles to the central counting 
place. 

Each such candidate shall be entitled to appoint two 
witnesses and two alternate witnesses of the count of the 
ballots cast for election to the body or office to which 
he seeks to be elected, and any such appointments shall 
become effective upon the issue to such appointees of cre- 
dentials as hereinafter provided. Such credentials shall be 
issued by the city or town clerk, provided that written 
notice of the names and addresses of the appointees signed 
by such candidate is filed with the city or town clerk at 
least ten days before the election at which they are intended 
to be used. Credentials issued to any such witness shall 
entitle the holder to free access to any part of the central 
counting place wherein the ballots cast at such election for 
election to the body or office to which the candidate seeks 
to be elected are being counted, to witness the counting of 
such ballots and to inspect all activities in connection with 
the counting thereof; and credentials issued to any such 
alternate witness shall entitle the holder to exercise like 
rights in the absence of the principal witness for whom he 
has been appointed to act as alternate. 



Acts, 1938. — Chap. 341. 295 

Each such candidate shall also be entitled to appoint two 
representatives to watch the ballots at the central counting 
place during recesses when the counting of ballots is not in 
progress. Application for the appointment of such repre- 
sentatives shall be made and credentials issued as provided 
in this section for witnesses to the central count and their 
alternates. During any time when the counting of ballots 
is not in progress, from the time the ballots first begin to 
arrive at the central counting place until the ballots have 
been sent from the central counting place to the city or 
town clerk as provided in section nine (s), such representa- 
tives shall have the right to be present, with facilities for 
keeping in full view all the ballots cast in electing persons 
to fill the office sought by their candidate, or the containers 
in which such ballots have been placed, except during such 
time as the ballots or containers of ballots may be kept in 
a locked safe or a vault. No such witness, alternate wit- 
ness or representative shall be allowed to handle any of 
such ballots. 

Challengers, witnesses, alternate witnesses and repre- 
sentatives provided for in this section shall serve without 
compensation. 

Section 8. At each polling place in anj^ city or town Separate 
where an election by proportional representation or preferen- xransilS^ion 
tial voting is to be held as a part of an election bv any other of baiiot* to 
method or at which any question is to be submitted on the ing place. 
ballot, an additional state ballot box shall be used for the 
ballots cast ^ under proportional representation or under 
preferential voting, or under both, as the case may be. In 
such case, the clerk of the city or town shall, at the expense 
of the city or town, provide the additional state ballot box 
for each polling place in the oiiy or town and shall deliver 
the same to the election officers thereat seasonably before 
the election at which it is to be used. 

In such case, as soon as the polls have closed and the 
ballot box used for ballots other than those cast under 
proportional representation or preferential voting, has 
been opened in accordance with section one hundred and 
five of chapter fifty-four and while such ballots are being 
audibly counted as provided therein, the election officers 
shall sort out any ballots cast under proportional repre- 
sentation or preferential voting which have been deposited 
in such ballot box and immediately deposit such ballots in 
the additional ballot box provided therefor. Such addi- 
tional ballot box shall then be opened by the presiding 
officer and the ballots taken therefrom and audibty counted 
one by one and the whole number of ballots cast under 
proportional representation and preferential voting shall 
be publicly announced by him and a record made thereof 
in words at length and of the ballot box register. Any 
ballots other than those cast under proportional representa- 
tion or preferential voting found in such additional ballot 
box shall immediately be deposited in the ballot box pro- 



296 Acts, 1938. — Chap. 341. 

vided therefor for cancellation and shall then be taken out 
and included for counting with the other like ballots already 
audibly counted. 

The presiding officer shall thereupon cause all ballots 
cast under proportional representation and preferential 
voting to be publicly enclosed in an envelope or envelopes 
and sealed up with the seal provided for the polling place 
and also with the private seal of any election officer who 
may desire to affix the same thereto. A majority of the 
election officers at the polling place shall endorse upon such 
envelope or envelopes the polling place, the election and 
date and also a certificate that all the ballots cast under 
proportional representation and preferential voting by the 
voters at such polling place and none others are enclosed 
therein. 

The presiding officer shall cause a copy of the record of 
the total number of names checked on the voting lists, a 
copy of the record of the whole number of ballots cast under 
proportional representation and preferential voting, a copy 
of the record of the register of the ballot box used for such 
ballots and a record of the number of such ballots given out 
to voters and of the number of such ballots spoiled and 
returned by the voters for cancellation, to be enclosed in 
an envelope and sealed up as aforesaid and shall certify on the 
envelope the contents thereof. He shall also enclose in an 
envelope or envelopes in like manner those of such ballots 
which were spoiled and returned and those which were not 
given out. 

He shall then personally deliver the said envelopes to the 
central counting place or transmit them thereto by a police 
officer. 

In the event that an election by proportional representa- 
tion or preferential voting shall be conducted but not as a 
part of an election by any other method or at which any 
question is to be submitted on the ballot, the presiding 
officer shall, as soon as the polls are closed, seal the ballot 
box and deliver it in person to the central counting place 
or transmit it thereto by the police officer in attendance at 
the polling place, together with the voting lists, a record of 
the ballot box register and of the number of ballots given 
out, and the ballots spoiled and returned and the ballots 
not given out, all of which shall be enclosed in an envelope 
or envelopes sealed and identified as aforesaid. 

Proper receipts shall be required in connection with the 
transmission of ballot boxes, ballots, records and copies of 
records. 

The ballot receptacles shall be assembled by polling places 
for counting at the central counting place in an order of 
polling places determined by the city or town clerk by lot. 
For such purpose lots shall be drawn not later than the 
closing of the polls in the presence of such candidates or 
their agents as wish to attend after due notification at least 
five days in advance. 



Acts, 1938. — Chap. 341. 297 

The ballot receptacles shall be opened and the number 
of ballots found therein recorded and the number thereof 
shall be compared with the records sent from the corre- 
sponding polling places. The records thus compared shall 
be made available to the public with notations explaining 
any necessary corrections therein and if any discrepancy 
appears in such records which cannot be reconciled it shall 
be noted on the records. 

Section 9. Ballots cast under proportional representa- Meth9d of 
tion shall be counted and the results determined under the baUota"^ 
supervision of the director of the count appointed pursuant 
to section six, according to the following rules : — 

(a) The ballots in each ballot receptacle shall be exam- vaiid 
ined for validity and those which are found to be blank or ^^""t^- 
otherwise invalid shall be separated from the valid ballots. 
The number of valid ballots from each precinct and the 
total number of valid ballots shall be recorded. If a ballot 
does not clearly show which candidate the voter prefers to 
all others, or if it contains any word, mark or other sign 
apparently intended to identify the voter, it shall be set 
aside as invalid. Every ballot not thus invalid shall be 
counted according to the intent of the voter, so far as that 
can be clearly ascertained, whether marked according to 
the directions printed on it or not. No ballot shall be held 
invalid because the names of candidates thereon for whom 
the voter did not mark a choice have been stricken out, 
unless such striking out constitutes an identifying mark. 
A single cross on a ballot on which no figure 1 appears 
shall be considered equivalent to the figure 1. If a ballot 
contains both figures and crosses, the order of the choice 
shown by the figures shall be taken as the voter's intention 
in so far as the order is clearly indicated. If the consecu- 
tive numerical order of the figures on a ballot is broken bj^ 
the omission of one or more figures, the smallest number 
marked shall be taken to indicate the voter's first choice, 
the next smallest his second, and so on, without regard to 
the figure or figures omitted. 

(6) Each candidate shall be credited with one vote for First choice 
every valid ballot that is sorted to him as first choice, or ^^^^°^^- 
otherwise credited to him as hereinafter provided, and no 
ballot shall ever be credited to more than one candidate at 
the same time. 

(c) A ''quota" is the smallest number of votes which "Quota" 
any candidate must receive in order to be assured of election ^®^°®^- 
without more candidates being elected than there are offices 
to be filled. It shall be determined by dividing the total 
number of valid ballots by one more than the total number 
of candidates to be elected and adding one to the result, 
disregarding fractions. Whenever at any stage of the 
counting the number of ballots credited to a candidate be- 
comes equal to the quota, he shall be declared elected, and 
no ballots in excess of the quota shall be credited to him 
except as provided in rule (/) or (I) of this section. 



298 



Acts, 1938. — Chap. 341. 



Ballots to be 
sorted accord- 
ing to first 
choices. 



Disposition 
of extra first 
choice ballots. 



Treatment 
of ballots 
marked only 
for elected 
candidate. 



Announcement 
of defeated 
candidates. 



" Continuing 

candidate" 

defined. 



Defeat of 
candidate. 



Successive 
defeats and 
transfers of 
ballots. 



Decision 
of ties. 



(d) The ballots shall be sorted according to the first 
choices marked on them, the ballots from each polling place 
being handled together, and those from different polling 
places being handled in the order of polling places deter- 
mined under the provisions of section eight. 

(e) If a candidate is elected while the ballots are being 
sorted according to first choices, any subsequent ballots 
which show him as first choice shall each be credited to the 
second choice marked on it, or, if the second choice also 
has been elected, to the next choice marked on it for a 
candidate not yet elected. 

(/) If during the first sorting of ballots, ballots are found 
which are marked for a candidate already elected as first 
choice, but show no clear choice for any unelected candi- 
date, such ballots shall at the end of the sorting be given 
to the candidate of their first choice, and in their place an 
equal number, as nearly as possible, of the last ballots 
sorted to that candidate which show a clear choice for un- 
elected candidates, all as determined by the director of the 
count, shall be taken and re-sorted to unelected candidates 
as if they were then being sorted for the first time. 

(g) When all the ballots have been thus sorted and cred- 
ited to the first available choices marked on them, every 
candidate who is credited with fewer ballots than the number 
of signatures required for his nomination shall be declared 
defeated. 

(h) All the ballots of the candidates thus defeated shall 
be transferred, each to the candidate indicated on it as 
next choice among the continuing candidates. A "contin- 
uing candidate" is a candidate not as yet either elected or 
defeated. Any ballot taken for transfer which does not 
clearly indicate any candidate as next choice among the 
continuing candidates shall be set aside as "exhausted". 

(i) When all the ballots of the candidates thus defeated 
have been transferred, the one candidate who is then lowest 
on the poll shall be declared defeated and all his ballots 
transferred in the same way. 

(j) Thereupon the candidate who is then lowest shall be 
declared defeated and all his ballots similarly transferred; 
and in like manner candidates shall be declared defeated 
one at a time and all their ballots transferred. 

{k) If, when a candidate is to be declared defeated, two 
or more candidates are tied at the bottom of the poll, that 
one of the tied candidates shall be declared defeated who 
was credited with fewest ballots immediately prior to the 
last transfer of ballots. If two or more of the tied candi- 
dates were tied at that stage of the count, also, the second 
tie shall be decided by referring similarly to the standing 
of candidates immediately prior to the last transfer of bal- 
lots before that. This principle shall be applied succes- 
sively as many times as may be necessary, a tie shown at 
any stage of the count being decided by referring to the 
standing of the tied candidates immediately prior to the 



Acts, 1938. — Chap. 341. 299 

last preceding transfer of ballots. Any tie not otherwise 
provided for shall be decided by lot. 

In interpreting this and other rules contained in this 
section the transfer of all ballots from candidates defeated 
together under rule (g) of this section, and the transfer of 
all ballots from each candidate defeated thereafter shall 
each constitute a single separate transfer. 

(Z) Whenever candidates to the number to be elected ^^^^5°^^ 
have received the quota, any transfer of ballots in progress 
when the last quota was reached shall be completed, but 
immediately thereafter all continuing candidates shall be 
declared defeated and the election shall be at an end. 
Whenever all ballots of all defeated candidates have been 
transferred, and it is impossible to defeat another candidate 
without reducing the continuing candidates below the num- 
ber still to be elected, all the continuing candidates shall 
be declared elected and the election shall be at an end. 

(m) A record of the count shall be kept in such form as Record 
to show, after each sorting or transfer of ballots, the num- of count. 
ber thereby credited to each candidate, the number thereby 
set aside as exhausted, the total for each candidate, the 
total set aside as exhausted, and the total number of valid 
ballots found by adding the totals of all candidates and the 
total set aside as exhausted. 

(n) Every ballot that is transferred from one candidate Record of 
to another shall be stamped or marked so that its entire ^f^bau^* 
course from candidate to candidate can be conveniently 
traced. 

(0) If at any time after the first sorting of the ballots a Correction 
ballot is found to have been credited to the wrong candi- "f errors. 
date, it may be transferred, as part of the transfer that is 
in progress, to the continuing candidate, if any, to whom 
it should have been credited at the time the error was made, 
or, if it should previously have become exhausted, may be 
set aside as exhausted as part of the transfer that is in 
progress; provided, that if the number of misplaced ballots 
found is sufficient to make it possible that any candidate 
has been wrongly defeated, so much of the sorting and 
transferring as may be required to correct the error shall 
be done over again before the count proceeds. 

If in correcting an error any ballots are re-sorted or re- 
transferred, every ballot shall be made to take the same 
course that it took in the original count unless the correc- 
tion of an error requires its taking a different course. The 
principles of the rules of this section shall apply also to any 
recount which may be made after the original count has 
been completed. 

(v) The director of the count and his assistants shall Recess for 
proceed with reasonable expedition in the counting of the staff. 
ballots, but may take recesses at the discretion of the 
director. The city or town clerk shall make proper provi- 
sion for the safekeeping of the ballots while the counting 
is not in progress. 



300 



Acts, 1938. — Chap. 341. 



Candidates 
and others 
entitled to 
be present. 



Boards of 
review. 



City or town 
clerk to pre- 
serve ballots. 



(q) The candidates, their witnesses, alternate witnesses 
and representatives accredited under section seven, repre- 
sentatives of the press, and, as far as may be consistent 
with good order and with convenience in the counting and 
transferring of the ballots, the public shall be afforded every 
facility for being present and witnessing the counting and 
transferring of the ballots. 

(r) Each of the candidates entitled to appoint witnesses 
of the central count as provided in section seven shall be 
entitled to appoint a member of a board of review of the 
central count. Such appointment shall be made within 
the time and in the manner prescribed for the appointment 
of such witnesses of the central count. In the central 
counting place a board of review so constituted shall be 
given facilities for examining all the ballots in the quota 
of each elected candidate in order to make sure that all 
the ballots of such quota are rightfully credited to the can- 
didate toward whose election they have been counted, that 
the number of ballots therein is actually equal to the quota 
prescribed in this section, and that "exhausted" ballots 
have been properly so designated. Any errors discovered 
by such a board of review shall be reported to the director 
of the count. 

(s) When the election with respect to any particular body 
or office is at an end the director of the count shall publicly 
announce the result of the vote for such body or office. The 
provisions of section one hundred and seven of chapter 
fifty-four relative to presiding officers and other election 
officers at polling places shall, so far as apt, apply to the 
director of the count and his assistants with respect to all 
ballots, records, copies of records, envelopes and ballot 
boxes, transmitted to the central counting place under sec- 
tion eight and to all other papers, records and apparatus 
used in counting the votes at the central counting place, 
except that ballots cast for a particular body or office, as 
well as those spoiled and returned and those not given out, 
shall be enclosed, and the envelopes sealed and delivered or 
transmitted to the city or town clerk as soon as may be 
after the public announcement of the result of the vote for 
such body or office. 

Section 10. The ballots cast at each election by propor- 
tional representation or preferential voting shall be pre- 
served by the city or town clerk until the term of office of 
the members of the body or of the officer elected thereby has 
expired, and shall be available for examination continuously 
throughout the business day, under supervision of the city 
or town clerk, on written application signed by not less than 
one hundred voters of the city or town and the payment of 
a fee of twenty-five dollars for each day on which such in- 
spection is held. Such application shall name not more 
than three representatives of the applicants to make such 
examination. 



Acts, 1938. — Chap. 341. 301 

Section 11. Within thirty days after an election to elect Examination 
members of a body by proportional representation or an on count"^ 
officer by preferential voting, the city or town clerk shall o^'''^"°*3- 
cause the ballots cast for such body or office to be examined 
and shall publish a statement showing — • 

(a) The number of first-choice ballots cast for each 
candidate at each polling place. 

(b) The number of ballots from each polling place finally 
counted for each of the elected candidates. 

(c) The number of the exhausted ballots from each poll- 
ing place which showed one or more choices for elected 
candidates and the number which did not show any such 
choice. 

(d) The number of blank ballots cast for each body or 
office at each polling place. 

(e) The number of ballots otherwise invalid cast for each 
body or office at each polling place. 

(/) The number of first choices, second choices, third 
choices, and so on, used in the election of each of the elected 
candidates. 

(g) Such other information in regard to the ballots as 
the city or town clerk may deem of interest. 

A copy of such statement shall be kept on file in the 
office of the city or town clerk open to public inspection. 

Section 12. Partial or complete recounts of the ballots Recounts, 
cast for any body or office in an election by proportional 
representation or by preferential voting shall take place in 
the manner provided in sections one hundred and thirty- 
four to one hundred and thirty-seven, inclusive, of said 
chapter fifty-four, except that any petition shall be sub- 
mitted on or before five o'clock in the afternoon of the third 
day following the public announcement by the director of 
the count of the result of the vote for such body or office 
and shall be on a form approved and furnished by the city 
or town clerk and be signed in a town by ten or more voters 
of such town, in a city, except Boston, by fifty or more 
voters of such city and in Boston by two hundred and fifty 
or more voters of said Boston and except that any such 
recount in any city or in any town divided into precincts 
shall be conducted for the entire city or town instead of for 
specified precincts. If a partial or complete recount of the 
ballots cast in such an election shall in fact take place, it 
shall be conducted according to the rules prescribed for the 
original count as nearly as is practicable. 

Section 13. When a vacancy occurs in an elective body Recounts to 
whose members were elected by proportional representa- vacancies, 
tion, such vacancy shall be filled for the remainder of the 
unexpired term by a public recount of the ballots credited 
at the end of the original count to the candidate elected 
thereby whose place has become vacant. Except for the 
following special rules, the provisions governing the original 
count shall be in effect: 



302 



Acts, 1938. — Chap. 341. 



Method of 
counting 
ballots under 
preferential 
voting. 



(a) All choices marked for candidates theretofore elected 
or who have become ineligible or have withdrawn shall be 
disregarded. 

(6) The ballots shall be sorted each to the earliest choice 
marked on it for any of the eligible candidates. 

(c) If any candidate has to his credit more than half of 
the ballots which show any preference among the eligible 
candidates he shall be declared elected to the vacant place. 

(d) If no candidate receives more than half of such bal- 
lots, the candidates lowest on the poll shall be declared 
defeated one after another and after each candidate is de- 
feated his ballots shall be transferred among the continuing 
candidates. 

(e) The process hereinbefore provided shall be continued 
until one candidate is credited with more ballots than all 
the other undefeated candidates together, when he shall be 
declared elected to the vacant place. 

If a vacancy in an elective body occurs for which no 
regularly nominated candidate remains it shall be filled for 
the unexpired term by a majority vote of the remaining 
members; and if but a single member remains or if a ma- 
jority vote of the remaining members is not obtained within 
thirty days after the vacancy occurs, it shall be filled by a 
special election, in the case of a single vacancy, by prefer- 
ential voting or, in case two or more vacancies exist at the 
same time, by proportional representation. 

Section 14- Ballots cast under preferential voting shall 
be counted in the central counting place under the super- 
vision of the director of the count, in accordance with the 
following rules : — 

(a) The ballots shall first be sorted according to the first 
choices marked on them, and the total number of valid bal- 
lots thus sorted to each candidate shall be ascertained. 
The validity of ballots shall be determined according to the 
principles laid down for the count of ballots in an election 
by proportional representation in rule (a) of section nine. 

(6) If an,y candidate is found to have been marked as 
first choice on more than half of the valid ballots he shall 
be declared elected. 

(c) If no candidate is so elected after the count of first 
choices, every candidate who is credited with fewer ballots 
than the number of signatures required for his nomination 
shall be declared defeated. 

(d) All the ballots of the candidates so defeated shall be 
transferred, each to the candidate indicated on it as next 
choice among the undefeated candidates. Any ballot taken 
for transfer which does not clearly indicate any candidate 
as next choice among the undefeated candidates shall be 
set aside as "exhausted". 

(e) If, after this or any subsequent transfer of ballots, 
one candidate is credited with more than half of the valid 
ballots which have not become exhausted, he shall be de- 
clared elected. 



Acts, 1938. — Chap. 341. 303 

(/) If no candidate is so elected after the transfer of the 
ballots of candidates defeated under rule (c), the one can- 
didate who is then lowest on the poll shall be declared de- 
feated and all his ballots transferred in the same way. 

(g) Thereupon, if no candidate is yet elected, the candi- 
date who is then lowest shall be declared defeated and all 
his ballots similarly transferred. Thus candidates shall be 
deemed defeated one at a time, and all their ballots trans- 
ferred until some candidate has received the necessary 
majority of the ballots which have not become exhausted 
and is accordingly declared elected. 

(h) Ties shall be decided, a record of the count kept, 
errors corrected, recesses taken, and candidates and others 
permitted to be present according to the principles pre- 
scribed for elections by proportional representation in rules 
(k), (jn), (o), (p) and (g) of section nine. 

Section 15. All provisions of law from time to time ap- Application of 
plicable in the case of a vacancy in an elective office shall ''*^''*^'° ^^^^• 
continue to apply after the filling of such office by preferen- 
tial voting, except that any election to fill such vacancy 
shall also be by preferential voting. 

Section 16. (a) In conducting any election by propor- same subject, 
tional representation or preferential voting, mechanical or 
other devices may be used, subject, however, to the provi- 
sions of sections thirty-two to thirty-nine, inclusive, of 
chapter fifty-four, if the city council or the town passes a 
vote providing expressly that such devices shall be used in 
such election; and said sections, so far as apt, shall be ap- 
plicable in all respects in case of such devices so used. In 
case such devices are to be used in any city or town, the 
city or town clerk may modify the form of ballot, the rota- 
tion of names thereon, the directions to voters and other 
details in respect to the election process; provided, that no 
change shall be made which will alter or impair the principles 
of voting or counting the ballots governing elections by pro- 
portional representation or preferential voting, as the case 
may be, but the voter may be limited to not less than fifteen 
choices for any particular body or office. 

(6) In any city or town where elections by proportional 
representation are to be held, any method of counting the 
voters' first choices and treating any such choices in excess 
of the quota, provided for under any system of proportional 
representation which on January first, nineteen hundred 
and thirty-eight was in effect for the purpose of municipal 
elections in any city of the United States, may be sub- 
stituted for the method of counting such choices set forth 
in this chapter, if the registrars of voters determine that 
such substitution is advisable; provided, that they issue 
regulations embodying the method so substituted and pro- 
vided, further, that such regulations shall not be effective 
with respect to any election unless at least thirty days prior 
thereto copies of such regulations are available for delivery 
to such of the voters as may request them. 



304 



Acts, 1938. — Chap. 341. 



Certain laws 
to apply. 



G. L. (Ter. 
Ed.), 41, § 1, 
etc., amended. 



Term of office 
of members of 
certain boards 
under propor- 
tional method 
of voting. 



G. L. (Ter. 
Ed.), 41, § 11, 
amended. 



Appointment 
to fill vacan- 
cies in town 
offices. 



G. L. (Ter. 
Ed.), 50, § 2, 
etc., amended. 



Results of 
election. 

G. L. (Ter. 
Ed.), 5.3. § 7, 
etc., amended. 



Section 17. All elections by proportional representation 
or preferential voting held in any city or town under this 
chapter shall be subject to all general laws relating to elec- 
tions and corrupt practices, so far as applicable and not 
inconsistent with this chapter. 

Section 2, Section one of chapter forty-one of the 
General Laws, as amended, is hereby further amended by 
adding at the end the following new paragraph : — 

The provisions of this section or any of the following 
sections of this chapter which authorize or require the fixing 
of the terms of office of members of any board, commis- 
sion or body in such a manner that all such terms would not 
expire at the same time shall not apply with respect to 
such board, commission or body after the town has voted 
under section two of chapter fifty-four A to elect the mem- 
bers thereof by the proportional representation method of 
election. 

Section 3. Section eleven of chapter forty-one of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by inserting after the word "members" the 
first time it appears in the fifth line the words : — , except a 
board whose members have been elected by proportional 
representation under chapter fifty-four A, — so as to read 
as follows: — -Section 11. If there is a failure to elect, or 
if a vacancy occurs in any town office, other than the offices 
of selectmen, town clerk, treasurer, collector of taxes or 
auditor, the selectmen shall in writing appoint a person to 
fill such vacancy. If there is a vacancy in a board consist- 
ing of two or more members, except a board whose members 
have been elected by proportional representation under chap- 
ter fifty-four A, the remaining members shall give written 
notice thereof to the selectmen, who, with the remaining 
member or members of such board shall, after one week's 
notice, fill such vacancy by ballot. A majority of the bal- 
lots of the officers entitled to vote shall be necessary to 
such election. The person so appoifited or elected shall 
perform the duties of the office until the next annual meet- 
ing or until another is qualified. 

Section 4. Section two of chapter fifty of the General 
Laws, as amended by section one of chapter one hundred 
and forty-one of the acts of nineteen hundred and thirty- 
two, is hereby further amended by adding at the end the 
following new sentence : — Nothing herein shall derogate 
from the provisions of chapter fifty-four A. 

Section 5. Section seven of chapter fifty-three of the 
General Laws, as amended, and as afi"ected by chapter 
three hundred and eighty-four of the acts of nineteen hun- 
dred and thirty-seven, is hereby further amended by in- 
serting after the word "and" the second time it occurs in 
the eighth line, as appearing in section one of chapter four 
of the acts of nineteen hundred and thirty-six, the words: 
— , except as provided in section three of chapter fifty- 
four A, - — and by striking out the second sentence, so as to 



Acts, 1938. — Chap. 341. 305 

read as follows : — Section 7. Every voter signing a nomi- NominaUon 
nation paper shall sign in person, with his name as regis- 
tered, and shall state his residence on January first preced- 
ing, and the place where he is then living, with the street 
and number, if any; but any voter who is prevented by 
physical disability 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, except as provided in section three of 
chapter fift3^-four A, every voter may sign as many nomi- 
nation papers for each office as there are persons to be 
elected thereto, and no more. 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 seventh day preceding the day on which it must be 
filed, to the registrars of the city or town where the signers 
appear to be voters. 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 nomination 
papers for a candidate after receiving such papers contain- 
ing a sufficient number of certified names to make a nomi- 
nation, increased by one fifth thereof. 

Section 6. Section eleven of chapter fifty-four of the g. l. (Ter. 
General Lav/s, as most recently amended by chapter twenty- ^tc'^'amelded 
seven of the acts of nineteen hundred and thirty-seven, is 
hereby further amended by inserting after the word "votes" 
in the twelfth line the words : — or to serve at any election, 
at which the members of any body or board are to be chosen 
by proportional representation or any ofiicer is to be chosen 
by preferential voting, — so as to read as follows : — Sec- Election 
tion 11. The mayor of every city, except where city char- o^c^rs. 
ters provide otherwise and except as provided in section 
eleven A, shall annually not earlier than June fifteenth nor 
later than August fifteenth appoint as election officers for 
each voting precinct, one warden, one deputj^ warden, one 
clerk, one deputy clerk, four inspectors and four deputy 
inspectors, who shall, at the time of their appointment, be 
enrolled voters in the ward of which such precinct forms a 
part. He may, in like manner, appoint two inspectors and 
two deputy inspectors in addition, and such additional in- 
spectors to count and tabulate the votes or to serve at any 
election, at which the members of any body or board are 
to be chosen by proportional representation or any officer 



306 



Acts, 1938. — Chap. 341. 



G. L. (Ter. 
Ed.), 54, § 105, 
amended. 



Proceedings at 
close of polls. 



G. L. (Ter. 
Ed.), 56, § 22, 
amended. 



Failure to 
comply with 
laws relating 
to disposition 
of ballots, etc. 

Penalty. 



G. L. (Ter. 
Ed.), 56, § 28, 
amended. 



General 
penalty on 
election 
officer. 



is to be chosen by preferential voting, as he may deem nec- 
essary. Every such appointment shall be filed in the office 
of the city clerk of such city within forty-eight hours after 
it is made, and shall be acted on by the aldermen not less 
than three days after the filing of such appointment and on 
or before September first following. After said September 
first, the mayor, with the approval of the aldermen, may, 
from time to time, appoint temporary additional inspectors 
to count and tabulate the votes. Any appointment made 
under authority of this section shall be open to public in- 
spection. 

Section 7. Section one hundred and five of said chap- 
ter fifty-four, as appearing in the Tercentenary Edition, is 
hereby amended by inserting after the word "towns" in 
the thirty-fourth line the following: — , except at town 
elections where members of boards or officers are to be 
elected under the provisions of chapter fifty-four A, — so 
that the fourth paragraph will read as follows: — 

In towns, except at town elections where members of 
boards or officers are to be elected under the provisions of 
chapter fifty-four A, the ballot box at any polling place 
may be opened and ballots taken therefrom for counting 
when all the selectmen and the town clerk, or, where the 
moderator is in charge of the election, the moderator and 
the town clerk, or all the election officers at the voting pre- 
cinct shall so order. When the ballots have been thus re- 
moved the presiding officer shall select from the election 
officers an equal number from each of the two leading politi- 
cal parties, who shall canvass such ballots, in accordance 
with this section; but no announcement of the result of 
such canvass shall be made by any election officer until the 
total result of the canvass of ballots has been ascertained. 

SECTioisr 8. Chapter fifty-six of the General Laws is 
hereby amended by striking out section twenty-two, as so 
appearing, and inserting in place thereof the following: — 
Section 22. A primary or election officer, or a director of 
the count or assistant appointed under section six of chap- 
ter fifty-four A, who wilfully or negligently violates any 
provision relating to the enclosing in envelopes, sealing, en- 
dorsing and delivering or transmitting of ballots and voting 
lists, before or after the votes have been counted and re- 
corded, shall be punished by imprisonment for not more 
than one year. 

Section 9. Section twenty-eight of said chapter fifty- 
six, as so appearing, is hereby amended by inserting after 
the word "officer" the second time it occurs in the first line 
the words : — , director of the count or assistant appointed 
under section six of chapter fifty-four A, — so as to read as 
follows : — Section 28. A public officer, primary, caucus or 
election officer, director of the count or assistant appointed 
under section six of chapter fifty-four A, or officer or mem- 
ber of a political committee or convention, upon whom a 
duty is imposed by law, who refuses or wilfully fails to per- 



Acts, 1938. — Chap. 342. 307 

form such duty, or who wilfully performs it contrary to law, 
shall, if no other penalty is specifically provided, be pun- 
ished by a fine of not less than five nor more than one 
thousand dollars, or by imprisonment for not more than 
one year, or both. 

Section 10. Section forty of said chapter fifty-six, as g. l. (Xer. 
so appearing, is hereby amended by inserting after the amended.^ ^°' 
word ''officer" in the second line the words: — or director 
of the count, — and bj^ inserting after the word "place" in 
the third line the words : — , or from the central counting 
place, — so as to read as follows : — Section 40. Whoever, Disorderly 
at a primary, caucus or election, behaves in a disorderly poufng pfaces. 
manner, and, after notice from the presiding officer or 
director of the count, persists in such behavior and refuses 
to withdraw from the polling place, or from the central 
counting place, shall be punished by imprisonment for not 
more than one month. 

Section 11. Section forty-four of said chapter fifty-six, g.l. (Jer. 
as so appearing, is hereby amended by striking out, in the ameAded. 
second and third lines, the words "or election officer" and 
inserting in place thereof the words : — election officer, or 
director of the count or assistant appointed under section 
six of chapter fifty-four A, — so as to read as follows: — 
Section 44- Whoever interferes, or aids or abets any per- interference 
son in interfering with an election commissioner, city or officer!^''*^^'' 
town clerk, election officer, or director of the count or assist- Penalty, 
ant appointed under section six of chapter fifty-four A, in 
the performance of his duties shall be punished by impris- 
onment for not more than one year. 

Section 12. Section forty-five of said chapter fifty-sLx, g. l. (Ter. 
as so appearing, is hereby amended by inserting after the amended. ' 
word "place" in the second line the words: — or a central 
counting place, — so as to read as follows: — Section 45. ^ansmi'^ron 
Whoever wilfully obstructs or interferes with the transmis- of ballots 
sion of ballots or returns to or from a polling place or a °"^'^"™^- 
central counting place shall be punished by imprisonment 
for not more than one year. Approved May 19, 1938. 

An Act further regulating the appointment of per- Chap. 3^2 

SONS TO THE POLICE FORCES OR DEPARTMENTS OF CITIES, 
TOWNS AND DISTRICTS. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended EJ^ipng 
by inserting after section ninety-six, as appearing in the section 96a, 
Tercentenary Edition, the following new section: — Section *^'^^'^' 
96 A. No person who has been convicted of any felony Certain per- 
shall be appointed as a police officer of a city, town or lppoin*ted° 
district. Approved May 19, 1938. p""''^ °^"=®"- 



308 Acts, 1938. — Chaps. 343, 344. 



Chap. S4:S An Act to further regulate the attachment of wages 

FOR PERSONAL LABOR AND SERVICES. 

Be it enacted, etc., as follows: 

Ed)''24r§32 Section thirty-two of chapter two hundred and forty-six 
amended.' ' of the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by adding at the end the following 
paragraph ; — 
of*wa^M b"* Eighth, By reason of money or credits due for the wages 

trustee process, of personal labor or services of the defendant, unless such 
attachment is authorized in advance by written permission 
endorsed upon the writ and signed by a justice, associate 
justice or special justice of the court in which the action is 
commenced. Approved May 19, 1938. 

Chap. 34:4: An Act relative to the listing of voters in the city 

OF CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and 
six of the General Acts of nineteen hundred and seventeen 
is hereby amended by striking out the first sentence and 
inserting in place thereof the following: — There is hereby 
established in the city of Chelsea a listing board, herein- 
after called the board, composed of the chief of police and 
the registrars of voters of said city. 

Section 2. Section nine of said chapter one hundred and 
SLX, as most recently amended by sections one and two of 
chapter eighty-four of the acts of nineteen hundred and 
twenty-one, is hereby further amended by striking out the 
last paragraph and inserting in place thereof the follow- 
ing:— 

The board, upon the personal application of a person 
listed for the correction of any error in its lists, or whenever 
informed of any such error, shall make due investigation, 
and upon proof thereof correct the same on its lists, and 
shall immediately notify the assessors of such correction, 
and said assessors shall correct their lists accordingly. The 
board shall cause all applications and affidavits received by 
it under this section to be preserved for two years. 

Section 3. Said chapter one hundred and six is hereby 
further amended by striking out section ten, as most re- 
cently amended by said section one of said chapter eighty- 
four, and inserting in place thereof the following : — Section 
10. The board shall, on or before the eighteenth day of 
April in each year, transmit to the assessors certified lists 
taken from the lists prepared as provided in the preceding 
section, containing the name, age, occupation, nationality, 
if not a citizen of the United States, and residence, on the 
first day of January in the current year, and the residence 
on the first day of January in the preceding year, of every 
person, twenty years of age or upward, residing in said city, 



Acts, 1938. — Chap. 344. 309 

and shall promptly transmit to the assessors notice of every 
addition to and correction in the lists made by it. For the 
purpose of assessing poll taxes, the assessors may use the 
lists furnished to them by the board, or such parts thereof 
as they may deem advisable. The board shall furnish all 
information in its possession necessary to aid the assessors 
in the performance of their duties. 

Section 4. Said chapter one hundred and six is hereby 
further amended by striking out section eleven and insert- 
ing in place thereof the following: — Section 11. The board 
shall, on or before the first day of June in each year, prepare 
printed copies of the lists prepared under the preceding sec- 
tion. The board shall print such lists in pamphlet form by 
precincts, deliver to the assessors as many copies thereof as 
they may require, and hold the remaining copies for public 
distribution. 

Section 5. Said chapter one hundred and six is hereby 
further amended by striking out section twelve, as most 
recently amended by said section one of said chapter eighty- 
four, and inserting in place thereof the following : — Sec- 
tion 12. If a person, twenty years of age or upward, resi- 
dent in Chelsea on the first day of January, was not listed 
by the board, he shall, in order to establish his right to be 
listed, appear before the board of registrars of voters at such 
time as it may designate, the members of which are hereby 
authorized to administer oaths for this purpose, and present 
under oath a statement in writing that he was on said day 
a resident of said city, giving his name, age, occupation, 
nationality, if not a citizen of the United States, and resi- 
dence on the first day of January in the current year, and 
his residence on the first day of January in the preceding 
year. 

A person, twenty years of age or upward, who becomes 
a resident of said city after the first day of January, and 
desires to be listed, shall appear before any member of the 
board of registrars of voters, each of whom is hereby author- 
ized to administer oaths for this purpose, and present under 
oath a statement in writing that he became a resident of 
said city at least six months immediately preceding the 
election at which he claims the right to vote, giving his 
name, age, occupation, nationality, if not a citizen of the 
United States, and residence, on the date when he became 
a resident of said city, and his residence on the first day of 
January in the preceding year. 

If the board of registrars of voters, after investigation, is 
satisfied that such statements are true, it shall give the 
applicant a certificate that he was a resident of said city 
on said first day of January, or a certificate that he became 
a resident at least six months immediately preceding the 
election, as the case may be, which certificate shall state his 
name, age, occupation, nationality, if not a citizen of the 
United States, and residence, on the first day of January 
in the current year or on the above date, as the case may 



310 Acts, 1938. — Chap. 345. 

be, and his residence on the first day of January in the 
preceding year; but no such appHcation shall be received 
between the thirtieth day preceding, and the day following, a 
state or a municipal election, and no such person shall be 
listed or be given such certificate between the twenty-first 
day preceding, and the day following, such an election. 
The board shall also forthwith transmit to the assessors the 
names of all persons receiving such certificates, together 
with their residence on the first day of January in the cur- 
rent and in the preceding year. 

In every place where oaths are administered for the pur- 
pose of listing, the board of registrars of voters shall post 
in a conspicuous place a copy of section seven of chapter 
fifty-six of the General Laws, printed on white paper with 
black ink, in type not less than one quarter of an inch 
wide. 

Section 6. Said chapter one hundred and six is hereby 
further amended by striking out section thirteen and in- 
serting in place thereof the following: — Section 13. The 
board of registrars of voters shall enter the date of appli- 
cation, the name, age, occupation, nationality, if not a 
citizen of the United States, and residence on the first day 
of January in the current year, and the residence on the 
first day of January in the preceding year, of every such 
applicant, as above provided, together with the result of 
its investigation of his application in a book provided for 
that purpose, which shall be open for public inspection. 
The board shall cause to be printed in a newspaper pub- 
lished in Chelsea the name and residence of every such 
applicant. The names and residences of the applicants 
shall be printed by wards and precincts within two days 
after the number of names of applicants, not printed, reaches 
fifty; and shall include the names of all such applicants 
received up to the close of business for this piu"pose in the 
office of the board on the day when said number is reached. 

Section 7. Section fourteen of said chapter one hun- 
dred and six is hereby amended by striking out, in the first 
line, the word ''assessors" and inserting in place thereof the 
words : — registrars of voters, — so as to read as follows : — 
Section I4. The board of registrars of voters shall keep its 
office open during such hours as shall be necessary to carry 
out the provisions of the preceding two sections. 

Section 8. This act shall take effect on the thirty-first 
day of December in the current year. 

Approved May 19, 1938. 



Chap. 34:5 An Act incorporating the state labor relations act 

AS AN ADDITION TO THE GENERAL LAWS. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter twenty-three of the General Laws 

8ection3.90-9R. is hereby amended by inserting after section nine N, in- 



Acts, 1938. — Chap. 345. 311 

serted by section four of chapter four hundred and seventy- |^°iurive. 
nine of the acts of nineteen hundred and thirty-five, the 
following four new sections, under the heading: — 



LABOR RELATIONS COMMISSION. 

Section 90. (a) There shall be in the department, but in Appointment. 
no respect subject to the jurisdiction thereof, a commission members. 
to be known as the Labor Relations Commission, in this 
and the three following sections referred to as the commis- 
sion, which shall be composed of three members who shall 
be appointed by the governor, by and with the advice and 
consent of the executive council. Upon the expiration of 
the term of any member, his successor shall be appointed in 
like manner for a term of five years. Any vacancy in the vacancies, 
commission shall be filled by appointment in Hke manner, how filled. 
The governor shall designate one member to serve as chair- 
man of the commission. Any member of the commission 
may be removed by the governor, upon notice and hearing, 
for neglect of duty or malfeasance in office, but for no other 
cause. 

(6) A vacancy in the commission shall not impair the Quorum, 
right of the remaining members to exercise all the powers of 
the commission, and two members of the commission shall 
at all times constitute a quorum. The commission shall 
have an official seal which shall be judicially noticed. 

(c) The commission shall at the close of each fiscal year Annual 
make a report in writing to the general court stating in '"^p"''*- 
detail the cases it has heard, the decisions it has rendered, 
the names, salaries and duties of all employees and officers 
in the employ or under the supervision of the commission,, 
and an account of all moneys it has disbursed. 

Section 9P. Each member of the commission shall re- salaries. 
ceive a salary of six thousand dollars a year, shall be eli- 
gible for reappointment, and shall not engage in any other 
business, vocation or employment. The commission shall ^{PPj^'p"*™.®"* 
appoint an executive secretary, and such attorneys, exam- ees. etc. 
iners and regional directors and other employees as it may 
from time to time find necessary for the proper performance 
of its duties and as may be from time to time appropriated 
for by the general court, except that the executive secretary 
and such attorneys, examiners and regional directors shall 
not be subject to the provisions of chapter thirty-one. The 
commission may establish or utilize such regional, local or 
other agencies, and utilize such voluntary and uncompen- 
sated services, as may from time to time be needed. At- 
torneys appointed under this section may, at the direction 
of the commission, appear for and represent the commis- 
sion in any case in court. Nothing in this chapter shall be 
construed to authorize the commission to appoint individu- 
als for the purpose of conciliation or mediation or for sta- 
tistical work, where such service may be obtained from the 
department of labor and industries. 



312 



Acts, 1938. — Chap. 345. 



Principal 
office to be 
in Boston. 



Rules and 
regulations. 



G. L. (Ter. 
Ed.), 150A. 
inserted. 



Declaration 
of legislative 
intent in re- 
spect to indus- 
trial disputes. 



Section 9Q. The principal office of the commission shall 
be in the city of Boston, but it may meet and exercise any 
or all of its powers at any other place. The commission 
may, by one or more of its members or by such agents or 
agencies as it may designate, prosecute any inquiry neces- 
sary to its functions in any part of the commonwealth. A 
member who participates in such an inquiry shall not be 
disqualified from subsequently participating in a decision 
of the commission in the same case. 

Section 9R. The commission shall have authority from 
time to time to make, amend and rescind such rules and 
regulations as may be necessary to carry out the provisions 
of sections nine to nine Q, inclusive, and chapter one 
hundred and fifty A. Such rules and regulations shall be 
effective upon publication in the manner in which the com- 
mission shall prescribe. 

Section 2. The General Laws are hereby amended by 
inserting after chapter one hundred and fifty the following 
new chapter: — 

Chapter 150A. 

Labor Relations. 

Section 1. The denial by employers of the right of em- 
ployees to organize and the refusal by employers to accept 
the procedure of collective bargaining lead to strikes and 
other forms of industrial strife or unrest, which have the 
intent or the necessary effect of burdening or obstructing 
industry and trade by (a) impairing the efficiency, safety 
or operation of the instrumentalities of industry and trade; 
(6) occurring in the current of industry and trade; (c) ma- 
terially affecting, restraining or controlling the flow of raw 
materials or manufactured or processed goods, or the prices 
of such materials or goods; or {d) causing diminution of 
employment and wages in such volume as substantially to 
impair or disrupt the market for such goods in industry or 
trade. 

The inequality of bargaining power between employees 
who do not possess full freedom of association or actual 
liberty of contract, and employers who are organized in the 
corporate or other forms of ownership association substan- 
tially burdens and affects industry and trade, and tends to 
aggravate recurrent business depressions, by depressing 
wage rates and the purchasing power of wage earners in 
industry and by preventing the stabilization of competitive 
wage rates and working conditions within and between in- 
dustries. 

Experience has proved that protection by law of the right 
of employees to organize and bargain collectively safeguards 
industry and trade from injury, impairment or interruption, 
and promotes the flow of industry and trade by removing 
certain recognized sources of industrial strife and unrest, 
by encouraging practices fundamental to the friendly ad- 
justment of industrial disputes arising out of differences as 



Acts, 1938. — Chap. 345. 313 

to wages, hours or other working conditions, and by restoring 
equality of bargaining power between employers and em- 
ployees. 

It is hereby declared to be the policy of the commonwealth 
to eliminate the causes of certain substantial obstructions 
to the free flow of industry and trade and to mitigate and 
eliminate these obstructions when they have occurred by 
encouraging the practice and procedure of collective bar- 
gaining and by protecting the exercise by workers of full 
freedom of association, self-organization, and designation 
of representatives of their own choosing, for the purpose of 
negotiating the terms and conditions of their employment 
or other mutual aid or protection. 

Section 2. When used in this chapter — 

(1) The term "person" includes one or more individuals. Definitions, 
partnerships, associations, corporations, legal representa- 
tives, trustees, trustees in bankruptcy, or receivers. 

(2) The term "employer" includes any person acting in 
the interest of an employer, directly or indirectly, but shall 
not include the commonwealth or political subdivision 
thereof, or any labor organization (other than when acting 
as an employer), or any one acting in the capacity of officer 
or agent of such labor organization. 

(3) The term "employee" shall include any employee, 
and shall not be limited to the employees of a particular 
employer, unless the chapter explicitly states otherwise, 
and shall include any individual whose work has ceased as 
a consequence of, or in connection with, any current labor 
dispute or because of any unfair labor practice, and who has 
not obtained any other regular and substantially equivalent 
employment, but shall not include any individual employed 
as an agricultural laborer, or in the domestic service of any 
family or person at his home, or any individual employed 
by his parent or spouse. 

(4) The term "representatives" includes any individual 
or labor organization. 

(5) The term "labor organization" means any organi- 
zation of any kind, or any agency or employee representa- 
tion committee or plan, in which employees participate and 
which exists for the purpose, in whole or in part, of dealing 
with employers concerning grievances, labor disputes, wages, 
rates of pay, hours of employment, or conditions of work. 

(6) The term "unfair labor practice" means any unfair 
labor practice listed in section four. 

(7) The term "labor dispute" includes any controversy 
concerning terms, tenure or conditions of employment, or 
concerning the association or representation of persons in 
negotiating, fixing, maintaining, changing, or seeking to 
arrange terms or conditions of employment regardless of 
whether the disputants stand in the proximate relation of 
employer and employee. 

(8) The term "commission" means the labor relations com- 
mission existing under section nine of chapter twenty-three. 



314 



Acts, 1938. — Chap. 345. 



Right to 
organize. 



Unfair labor 

practice 

defined. 



Sit down 
strike unfair 
labor practice. 



Representa- 
tives for 
collective 
bargaining. 



Commission 
to determine 
proper bar- 
gaining unit. 



Section 3. Employees shall have the right to self-organ- 
ization, to form, join or assist labor organizations, to bargain 
collectively through representatives of their own choosing, 
and to engage in concerted activities, for the purpose of col- 
lective bargaining or other mutual aid or protection. 

Section \. It shall be an unfair labor practice for an 
employer — 

(1) To interfere with, restrain or coerce employees in 
the exercise of the rights guaranteed in section three. 

(2) To dominate or interfere with the formation or 
administration of any labor organization or contribute 
financial or other support to it; provided, that, subject to 
rules and regulations made and published by the commission 
pursuant to section nine E, of chapter twenty-three, an em- 
ployer shall not be prohibited from permitting employees 
to confer with him during working hours without loss of 
time or pay. 

(3) By discrimination in regard to hire or tenure of em- 
ployment or any term or condition of employment, to en- 
courage or discourage membership in any labor organiza- 
tion; provided, that nothing in this chapter shall preclude 
an employer from making an agreement with a labor or- 
ganization (not established, maintained or assisted by any 
action defined in this chapter as an unfair labor practice) 
to require as a condition of employment membership therein, 
if such labor organization is the representative of the 
employees as provided in subsection (a) of section five, in 
the appropriate collective bargaining unit covered by such 
agreement when made. 

(4) To discharge or otherwise discriminate against an 
employee because he has filed charges or given testimony 
under this chapter. 

(5) To refuse to bargain collectively with the representa- 
tives of his employees, subject to the provisions of sub- 
section (a) of section five. 

Section 4A. It shall be an unfair labor practice for any 
person or labor organization to seize or occupy unlawfully 
private property as a means of forcing settlement of a labor 
dispute. 

Section 5. (a) Representatives designated or selected for 
the purposes of collective bargaining by the majority of the 
employees in a unit appropriate for such purposes, shall 
be the exclusive representatives of all the employees in such 
unit for the purposes of collective bargaining in respect to 
rates of pay, wages, hours of employment, or other condi- 
tions of emploj^ment; provided, that any individual em- 
ploj^ee or a group of employees shall have the right at any 
time to present grievances to their employer. 

(6) The commission shall decide in each case whether, in 
order to insure to employees the full benefit of their right 
to self-organization and to collective bargaining, and other- 
wise to effectuate the policies of this chapter, the unit ap- 



Acts, 1938. — Chap. 345. 315 

propriate for the purposes of collective bargaining shall be the 
employer unit, craft unit, plant unit, or subdivision thereof. 

(c) Whenever a question affecting industry and trade investigations. 
arises concerning the representation of employees, the com- 
mission may investigate such controversy and certify to the 

parties, in writing, the name or names of the representatives 
who have been designated or selected. In any such in- 
vestigation, the commission shall provide for an appropriate 
hearing upon due notice either in conjunction with a pro- 
ceeding under section six or otherwise, and may take a 
secret ballot of employees, or utilize any other suitable 
method to ascertain such representatives. 

(d) Whenever an order of the commission made pursuant Orders of 
to subsection (c) of section six is based in whole or in part review, etc' 
upon facts certified following an investigation pursuant to 
subsection (c) of this section, and there is a petition for the 
enforcement or review of such order, such certification and 

the record of such investigation shall be included in the 
transcript of the entire record required to be filed under 
subsection (e) or (/) of section six and thereupon the decree 
of the court enforcing, modifying, or setting aside in whole 
or in part the order of the commission shall be made and 
entered upon the pleadings, testimony and proceedings set 
forth in such transcript. 

Section 6. (a) The commission is empowered, as here- commission 
inafter provided, to prevent any person from engaging in ™JfaiMtbor* 
any unfair labor practice listed in section four affecting practice. 
industry and trade. This power shall be exclusive, and 
shall not be affected by any other means of adjustment or 
prevention that has been or may be established by agree- 
ment, code, law, or otherwise. 

(6) Whenever it is charged that any person has engaged Complaints, 
in or is engaging in any such unfair labor practice, the com- 
mission, or any agent or agency designated by the commis- 
sion for such purposes, shall have power to issue and cause 
to be served upon such person a complaint stating the 
charges in that respect, and containing a notice of hearing 
before the commission or a member thereof, or before a 
designated agent or agency, at a place therein fixed, not 
less than five days after the serving of said complaint. Any 
such complaint may be amended by the member, agent or 
agency conducting the hearing or the commission in its dis- 
cretion at any time prior to the issuance of an order based 
thereon. The person so complained of shall have the right 
to file an answer to the original or amended complaint and 
to appear in person or otherwise and give testimony at the 
place and time fixed in the complaint. In the discretion of 
the member, agent or agency conducting the hearing or the 
commission, any other person may be allowed to intervene 
in the said proceeding and to present testimony. In any 
such proceeding the rules of evidence prevailing in courts 
of law or equity shall not be controlling. 



316 



Acts, 1938. — Chap. 345. 



Testimony, 

findings, 

orders. 



Modification, 
etc., of orders. 



Petition to 

enforce 

orders. 



(c) The testimony taken by such member, agent or 
agency or the commission shall be reduced to writing and 
filed with the commission. Thereafter, in its discretion, 
the commission upon notice may take further testimony or 
hear argument. If upon all the testimony taken the com- 
mission shall be of the opinion that any person named in 
the complaint has engaged in or is engaging in any such 
unfair labor practice, then the commission shall state its 
findings of fact and shall issue and cause to be served on 
such person an order requiring such person to cease and 
desist from such unfair labor practice, and to take such 
aflSrmative action, including reinstatement of employees 
with or without back pay, as will effectuate the policies of this 
chapter. Such order may further require such person to 
make reports from time to time showing the extent to which 
he has complied with the order. If upon all the testimony 
taken, the commission shall be of the opinion that no person 
named in the complaint has engaged in or is engaging in any 
such unfair labor practice, then the commission shall state 
its findings of fact and shall issue an order dismissing the 
said complaint. 

(d) Until a transcript of the record in a case shall have 
been filed in a court, as hereinafter provided, the commis- 
sion may at any time, upon reasonable notice and in such 
manner as it shall deem proper, modify or set aside, in 
whole or in part, any finding or order made or issued by it. 

(e) The commission shall have power to petition the 
superior court in any county wherein the unfair labor prac- 
tice in question occurred or wherein such person resides or 
transacts business, for the enforcement of such order and 
for appropriate temporary relief or restraining order, and 
shall certify and file in the court a transcript of the entire 
record in the proceeding, including the pleadings and testi- 
mony upon which such order was entered and the findings 
and order of the commission. Upon such filing, the court 
shall cause notice thereof to be served upon such person, 
and thereupon shall have jurisdiction of the proceeding and 
of the question determined therein, and shall have power to 
grant such temporary relief or restraining order as it deems 
just and proper, and to make and enter upon the pleadings, 
testimony, and proceedings set forth in such transcript a 
decree enforcing, modifying and enforcing as so modified, 
or setting aside in whole or in part the order of the commis- 
sion. No objection that has not been urged before the 
commission, its member, agent or agency, shall be considered 
by the court, unless the failure or neglect to urge such ob- 
jection shall be excused because of extraordinary circum- 
stances. The findings of the commission as to the facts, if 
supported by evidence, shall be conclusive. If either party 
shall apply to the court for leave to adduce additional evi- 
dence and shall show to the satisfaction of the court that such 
additional evidence is material and that there were reason- 
able grounds for the failure to adduce such evidence in the 



Acts, 1938. — Chap. 345. 317 

hearing before the commission, its member, agent or agency, 
the court may order such additional evidence to be taken 
before the commission, its member, agent or agency, and to 
be made a part of the transcript. The commission may 
modify its findings as to the facts, or make new findings, 
by reason of additional evidence so taken and filed, and it 
shall file such modified or new findings, which, if supported 
by evidence, shall be conclusive, and shall file its recom- 
mendations, if any, for the modification or setting aside of 
its original order. The jurisdiction of the court shall be 
exclusive and its judgment and decree shall be final, except 
that the same shall be subject to review by the supreme 
judicial court for the commonwealth. 

(/) Any person aggrieved by a final order of the commis- Appeal to 
sion granting or denying in whole or in part the relief sought orders o" 
may obtain a review of such order in the superior court for commission. 
the county wherein the unfair labor practice in question was 
alleged to have been engaged in, or wherein such person 
resides or transacts business, by filing in such court a written 
petition praying that the order of the commission be modi- 
fied or set aside. A copy of such petition shall be forthwith 
served upon the commission, and thereupon the aggrieved 
party shall file in the court a transcript of the entire record 
in the proceeding, certified by the commission, including the 
pleading and testimony upon which the order complained of 
was entered and the findings and order of the commission. 
Upon such filing, the court shall proceed in the same manner 
as in the case of an application by the commission under 
subsection (e) of this section, and shall have the same ex- 
clusive jurisdiction to grant to the commission such tempo- 
rary relief or restraining order as the court deems just and 
proper, and in like manner to make and enter a decree en- 
forcing, modifying, and enforcing as so modified, or setting 
aside in whole or in part the order of the commission; and 
the findings of the commission as to the facts, if supported 
by evidence, shall in like manner be conclusive. 

(g) The commencement of proceedings under subsection stay of 
(e) or (/) of this section shall not, unless specifically ordered °^^^^' 
by the court, operate as a stay of the commission's order. 

(h) When granting appropriate temporary relief or a re- Power of 

, •• 1^ 1-] J.- J c • courts in 

strammg order, or makmg and entermg a decree eniorcmg, certain cases, 
modifying, and enforcing as so modified, or setting aside in 
whole or in part an order of the commission, as provided in 
this section, the jurisdiction of courts sitting in equity shall 
not be limited by section twentj^ C of chapter one hundred 
and forty-nine; sections one, nine and nine A of chapter 
two hundred and fourteen; and sections thirteen A and 
thirteen B of chapter two hundred and twenty. 

(i) Petitions filed under this chapter shall be heard ^eari^g. 
expeditiously, and if possible within ten days after they 
have been docketed. 

Section 7. For the purpose of all hearings and investiga- Hearings and 
tions which, in the opinion of the commission, are necessary '"^estigations. 



318 



Acts, 1938. — Chap. 345. 



Attendance 
of wit- 
nesses, etc. 



Upon petition 
court may 
require testi- 
mony to be 
given to 
commission. 



Protection of 
witnesses 
required to 
testify. 



Service of 
papers. 



and proper for the exercise of the powers vested in it by 
sections five and six — 

(1) The commission, or its duly authorized agents or 
agencies, shall at all reasonable times have access to, for the 
purpose of examination, and the right to copy any evidence 
of any person being investigated or proceeded against that 
relates to any matter under investigation or in question. 
Any member of the commission shall have power to issue 
subpoenas requiring the attendance and testimony of wit- 
nesses and the production of any evidence that relates to 
any matter under investigation or in question before the 
commission, its member, agent or agencj^ conducting the 
hearing or investigation. Any member of the commission, 
or any agent or agency designated by the commission for 
such purposes, may administer oaths and affirmations, 
examine witnesses, and receive evidence. Such attendance 
of witnesses and the production of such evidence may be 
required from any place in the commonwealth, at an}"- desig- 
nated place of hearing. 

(2) In case of contumacy or refusal to obey a subpoena 
issued to any person, the superior court within the jurisdic- 
tion of which the inquiry is carried on or within the juris- 
diction of which said person guilty of contumacy or refusal 
to obey is found or resides or transacts business, upon appli- 
cation by the commission shall have jurisdiction to issue to 
such person an order requiring such person to appear before 
the commission, its member, agent or agency, there to 
produce evidence if so ordered, or there to give testimony, 
touching the matter under investigation or in question; 
and any failure to obey such order of the court may be pun- 
ished by said court as a contempt thereof. 

(3) No person shall be excused from attending and testi- 
fying or from producing books, records, correspondence, 
documents or other evidence in obedience to the subpoena 
of the commission, on the ground that the testimony or 
evidence required of him may tend to incriminate him or 
subject him to a penalty or forfeiture; but no individual 
shall be prosecuted or subjected to any penalty or forfeiture 
for or on account of any transaction, matter or thing con- 
cerning which he is compelled, after having claimed his 
privilege against self-incrimination, to testify or produce evi- 
dence, except that such individual so testifying shall not 
be exempt from prosecution and punishment for perjury 
committed in so testifying. 

(4) Complaints, orders and other process and papers of 
the commission, its member, agent or agency may be served 
either personally or by registered mail or by telegraph or 
by leaving a copy thereof at the principal office or place of 
business of the person required to be served. The verified 
return by the individual so serving the same setting forth 
the manner of such service shall be proof of service of the 
same, and the return post office receipt or telegraph receipt 
therefor when registered and mailed or telegraphed as afore- 



Acts, 1938. — Chap. 345. 319 

said shall be proof of service of the same. Witnesses sum- 
moned before the commission, its member, agent or agency- 
shall be paid the same fees and mileage that are paid wit- 
nesses in civil cases before the courts of the commonwealth, 
and witnesses whose depositions are taken and the persons 
taking the same shall severally be entitled to the same fees 
as are paid for like services in the courts of the common- 
wealth. 

(5) All process of any court to which application may be Same 
made under this chapter may be served in the judicial dis- ^" ^®*'*" 
trict wherein the defendant or other person required to be 
served resides or may be found. 

(6) The several departments and agencies of the com- state depart- 
monwealth, when directed by the governor, shall furnish the flirnLh° 
commission, upon its request, all records, papers and infor- ^ata. etc 
mation in their possession relating to any matter before the 
commission. 

Section 8. Any person who shall wilfully resist, prevent, Penalty. 
impede or interfere" with any member of the commission or 
any of its agents or agencies in the performance of duties 
pursuant to this chapter shall be punished by a fine of not 
more than five thousand dollars or by imprisonment for not 
more than one year, or both. 

Section 9. Nothing in this chapter shall be construed '^^^^l^f^ 
so as to interfere with or impede or diminish in any way the 
right to strike. 

Section 10. (a) Wherever the application of the provi- Limitation 
sions of any other law of this commonwealth conflicts with ° ^ '^^*^^'' 
the application of the provisions of this chapter, this chapter 
shall prevail. 

(6) This chapter shall not be deemed applicable to any 
unfair labor practice subject to the National Labor Rela- 
tions Act. 

Section 11. If any provision of this chapter, or the appli- Constitu- 
cation of such provision to any person or circumstance, ^'°"^ ' ^' 
shall be held invalid, the remainder of this chapter, or the 
application of such provision to persons or circumstances 
other than those as to which it is held invalid, shall not be 
affected thereby. 

Section 12. This chapter may be cited as the "State How cited. 
Labor Relations Law". 

Section [3. Chapter four hundred and thirty-six of ^Xer^aft. 
the acts of nineteen hundred and thirty-seven is hereby 
repealed. 

Section 4. This act is enacted for the sole purpose of ^e construed 
incorporating the provisions of said chapter four hundred as new 
and thirty-six as additions to the General Laws and is to be '^"''° ™^" ' 
construed as a continuation of said provisions and not as 
a new enactment. Approved May 19, 1938. 



320 



Acts, 1938. — Chap. 346. 



Chap. 34:6 

Emergency 
preamble. 



An Act relative to political committees. 

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

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. The General Laws are hereby amended by 

stricken 'out, Striking out chapter fifty-two, as amended, and inserting in 
tw'^insCTtS^" place thereof the following: — 



State com- 
mittees, 
election. 



Term. 



Chapter 52. 
Political Committees. 

Section 1. Each political party shall, in the manner 
herein provided, elect from among its enrolled members a 
state committee, which shall consist of one man and one 
woman from each senatorial district to be elected at the 
presidential primaries by plurality vote of the members of 
the party in the district, such number of members at large 
as may be fixed by said committee, to be elected at the 
state convention, and such number of members as may be 
elected by the state committee as hereinafter provided. 
Members of said committee elected at the presidential pri- 
maries from senatorial districts shall hold office for a period 
of four years from June first next following their election. 
Members elected at a state convention shall hold office un- 
til the next following state convention and members elected 
by the state committee shall hold office for two j^ears from 
the date of their election; provided, however, that in no 
event shall the terms of office of such members extend be- 
yond the term of office of members who were elected at the 
presidential primaries. 

The members of the state committee elected at the presi- 
dential primaries shall within ten days after June first next 
following their election, meet and organize by the choice of 
a chairman, a secretary, a treasurer and such other officers 
as they may decide to elect; provided, that the members 
of the committee 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 perma- 
nent 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. 



Acts, 1938. — Chap. 346. 321 

A vacancy in the office of chairman, secretary or treas- 
urer 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. 

Section 2. Each political party shall, in every ward and ^^^'^^'^'^ 
town, elect at the presidential primaries from among the committees. 
enrolled members of the party resident in such ward or 
town a committee to be called a ward or town committee, 
whose members shall hold office for four years from June 
first following their election and until their successors shall 
have organized. 

Section 3. The members of the several ward commit- 
tees of a political party in a city shall constitute the city 
committee. 

Section 4- Each city, ward and town committee shall, ^if^'^ll^^'^'^^ 
within ten days after June first next following the election committees. 
of its members, meet and organize by the choice of a chair- 
man, a secretary, a treasurer and such other officers as it 
may decide to elect. At such meeting a ward or town com- 
mittee may add to its elected members; provided, that by 
so doing the total number of members shall not be made to 
exceed the number determined under section nine. A city 
committee may by vote at any meeting authorize the ap- 
pointment of associate members by any ward committee; 
and a town committee may by vote appoint associate mem- 
bers. Associate members shall not have the right to vote 
but shall have such other powers and duties as the ward or 
town committee may determine. In case there is a failure procedure 
of election of a ward or town committee, the city commit- ?" ^f''^""^, 

1 • • ^ e -i ^• • 1 ^° elect OF 

tee or the state committee, respectively, of the political organize. 
party which said ward or town committee represents shall 
appoint from among the voters qualified therefor the mem- 
bers of such committee and shall call a meeting for its 
organization, in such call appointing a time for holding the 
same and naming a person to preside thereat. If a ward 
committee or a city or town committee fails to meet within 
the time prescribed by this section and organize, the city 
committee or the state committee, respectively, of the poht- 
ical party which such ward, city or town committee repre- 
sents shall call a meeting for its organization, in such call 
appointing a time for holding the same and naming a per- 
son to preside thereat. In the event that a ward or town 
committee fails to meet at the time appointed as aforesaid 
and organize, the election of each of its members shall be 
void and the same proceedings shall be had as is herein 
provided in the case of a failure of election. 

Section 5. The secretary of each city, ward and town List of officers 
committee shall, within ten days after its organization, file to be"m™d.^'^^ 
with the state secretary, with the city or town clerk and 
with the secretary of the state committee of the political 
party which it represents, a list of the officers and members 
of the committee, together with the addresses of such officers. 



322 



Acts, 1938. — Chap. 346. 



Vacancies. 



Disposition 
of funds upon 
the redivision 
of a city 
into wards. 



Organization 
of existing 
committees. 



Number of 
members of 
committees, 
etc., how fixed. 



Committees 
may make 
rules, etc. 



G. L. (Ter. 
Ed.), 53, § 54, 
etc., amended. 



Within a like period after the appointment of associate mem- 
bers, said secretary shall likewise file a list of such associate 
members. 

Section 6. A vacancy in the office of chairman, secretary 
or treasurer of a city, ward or town committee or in the 
membership of a ward or town committee shall be filled by 
such committee, and a statement of any such change shall 
be filed as in the case of the officers and members first chosen. 

Section 7. Upon the redivision of a city into wards the 
treasurer of each ward committee of a ward affected by 
such redivision shall, before the termination of office of the 
members thereof, pay over to the treasurer of the city com- 
mittee representing the same political party such funds of 
the ward committee as he has in his possession after paying 
all bills. In the statements required under section seven- 
teen of chapter fifty-five, the treasurer of the ward commit- 
tee making such payment shall report it as a disbursement 
and the treasurer of the city committee receiving it shall 
report it as a receipt. 

Section 8. Each committee existing at the time when the 
party which it represents first polls for governor at a bien- 
nial state election three per cent of the entire vote cast in 
the commonwealth for that office, and each committee 
existing at the time when the party it represents first polls 
for mayor or a selectman at a city or town election at least 
three per cent of the entire vote cast in the city or town for 
that office, shall be deemed elected under this chapter, and 
shall be subject to its provisions. 

Section 9. The state committee shall fix the number of 
delegates to the state convention, not less than one for each 
ward and each town, to be elected at the biennial state 
primaries. City and town committees, respectively, shall 
fix the number of members of ward and town committees 
to be elected at the presidential primaries, not less than 
three nor more than thirty-five for each ward and each 
town. Notice of the number of delegates and committee 
members to be elected shall be given by the state, city or 
town committee, as the case may be, to the state secretary 
on or before February first of the year in which such per- 
sons are to be elected. In case a state committee fails to 
fix the number of said delegates, and to give notice thereof 
as aforesaid to the state secretary, the number to be elected 
shall be one for each ward and each town. In case a city 
or town committee fails to fix the number of the members 
of a ward or town committee and to give such notice, the 
number of members of such ward or town committee to be 
elected shall not exceed ten. 

Section 10. A state, city or town committee may make 
rules and regulations consistent with law, for its proceed- 
ings, and a state committee may make rules and regulations, 
consistent with law, for calling conventions. 

Section 2. Chapter fifty-three of the General Laws is 
hereby amended by striking out section fifty-four, as most 



Acts, 1938. — Chap. 347. 323 

recently amended by section three of chapter twenty-four 
of the acts of nineteen hundred and thirty-seven, and the 
title immediately preceding it, and inserting in place thereof 
the following : — 

STATE CONVENTIONS. 

Section 54- A political party may, upon the call of its state con- 
state committee, but not earlier than one week nor later poutkai °^ 
than two weeks after the holding of the primaries, hold a parties, 
state convention for the purpose of adopting a platform, 
electing such number of members at large of the state com- 
mittee as may be fixed by it, nominating presidential elec- 
tors, and for such other purposes consistent with law as the 
state committee or the convention may determine. Such 
convention shall consist of the delegates elected at the state 
primary, the members of the state committee, the United 
States senators from Massachusetts who are members of 
the party, the nominees of the party for all offices to be 
filled at the state election, and in years in which no elections 
are held for such offices, the incumbents of those offices who 
are members of the party. 

Section 3. No members of state, ward and town com- Extension of 
mittees shall be elected at the state primaries in the current members of 
year, notwithstanding any provision of law requiring such committees. 
election. The terms of office of members of each state, 
city, ward and town committee in office on the effective 
date of this act, except members of the state committees 
elected at the state conventions in nineteen hundred and 
thirty-six, are hereby extended until the organization of 
the successor of such committee, whose members shall be 
elected at the presidential primaries to be held in the year 
nineteen hundred and forty. 

Section 4. The notice to the state secretary of the Tempwary 
number of delegates to the state convention, required by p'"°^'^'°''- 
section nine of chapter fifty-two of the General Laws, as 
appearing in section one of this act, shall in the current 
year be given not later than July first, and, if not so given, 
the number to be elected shall be one for each ward and each 
town. Approved May 2If, 1938. 

An Act relative to the establishment of salaries of Chap. 347 

certain court officers in SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Section forty-nine of chapter thirty-five of Ed^'35T4o 
the General Laws, as amended by section one of chapter etc!, 'amended'. 
one hundred and eighty-two of the acts of nineteen hundred 
and thirty-five, is hereby further amended by striking out, 
in the eleventh and twelfth lines, the words "and probation 
officers, but including the officers described in section sev- 
enty-three and the first sentence of section seventy-six of" 
and inserting in place thereof the words : — , court officers 



324 



Acts, 1938. — Chap. 347. 



Classification 
of certain 
offices. 



Salaries. 



G. L. (Ter. 
Ed.), 221, § 73, 
etc., amended, 
and new 
section 73A, 
added. 



Salaries of 
certain court 
officers. 



Salary- 
increases 
refpilated. 



appointed in Suffolk county under section seventy of chap- 
ter two hundred and twenty-one, and probation officers, 
but including the officer described in the first sentence of 
section seventy-six of said, — so as to read as follows: — 
Section 49. Every office and position whereof the salary 
is wholly payable from the treasury of one or more counties, 
or from funds administered by and through county officials, 
except the offices of county commissioners and associate 
county commissioners, justices and special justices of the 
district courts, clerks and assistant clerks of the district 
courts other than the municipal court of the city of Boston, 
trial justices, other offices and positions filled by appoint- 
ment of the governor with the advice and consent of the 
council, court officers appointed in Suffolk county under 
section seventy of chapter two hundred and twenty-one, 
and probation officers, but including the officer described in 
the first sentence of section seventy-six of said chapter two 
hundred and twenty-one, shall be classified by the board 
in the manner provided by sections forty-eight to fifty-six, 
inclusive, and every such office and position, now existing 
or hereafter established, shall be allocated by the board to 
its proper place in such classification. Offices and positions 
in the service of any department, board, school or hospital 
principally supported by the funds of the county or counties, 
or in the service of a hospital district established under sec- 
tions seventy-eight to ninety-one, inclusive, of chapter one 
hundred and eleven, shall likewise be subject to classifica- 
tion as aforesaid. The word "salary", as used in this 
section, shall include compensation, however payable; but 
nothing in sections forty-eight to fifty-six, inclusive, and 
nothing done under authority thereof, shall prevent any 
person from continuing to receive from a county such com- 
pensation as is fixed under authority of other provisions of 
law or as is expressly established by law. 

Section 2. Chapter two hundred and twenty-one of 
the General Laws is hereby amended by striking out section 
seventy-three, as amended by section two of chapter one 
hundred and eighty-two of the acts of nineteen hundred 
and thirty-five, and inserting in place thereof the two fol- 
lowing sections : — Section 73. Each officer in attendance 
upon the superior court in Suffolk county who is appointed 
under section seventy shall receive from said county in full 
for all services performed by him such salary as shall be 
fixed by the justices of such court. Each officer in attend- 
ance upon the supreme judicial court in said county shall 
receive in full for all services performed by him such salary 
as shall be fixed by the justices of the superior court of 
which salary five hundred and twenty-eight dollars shall 
be paid by the commonwealth and the remainder by said 
county. The fixing of salaries hereunder shall be subject to 
section seventy-three A. 

Section 73 A. No increase in the rate of salary for any 
position of court officer in Suffolk county referred to in sec- 



Acts, 1938. — Chaps. 348, 349. 325 

tion seventy-three shall be made under said section seventy- 
three if thereby the ratio between the salary for such posi- 
tion and the salary for a comparable position of court officer 
in any other county, after equal length of service, would be 
more favorable to such position of court officer in Suffolk 
county than was such ratio at the time this section takes 
effect. 

Section 3. Salaries of court officers in Suffolk county operation 
referred to in this act in force on the effective date thereof ° 
shall continue in force until fixed by the justices of the 
superior court as provided by this act. 

Approved May S4, 1938. 



Chap.SAS 



An Act relative to the appointment of keepers of 
personal property in connection with the attach- 
ment thereof. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty-three of g.l. ^Ter. 
the General Laws is hereby amended by striking out section etc'.. 'amended.' 
forty-eight, as amended by chapter three hundred and 
eight of the acts of nineteen hundred and thirty-seven, and 
inserting in place thereof the following: — Section 48. An Keepers of 
officer directed to make an attachment of personal prop- pertSnaf 
erty may, if the writ bears an endorsement signed by a property, 
justice, associate justice or special justice of the court in 
which the action is commenced and stating that, in his 
opinion, the appointment of a keeper is necessary, appoint 
a keeper of such property at or after the time of making 
such attachment. The officer, if necessary, may appoint a 
keeper of personal property which has been taken on exe- 
cution. In either of the aforesaid cases he shall, upon the 
written request of the defendant, remove such property or 
the keeper without unreasonable delay. Costs in an action 
in which a keeper has been appointed shall be at the dis- 
cretion of the court. 

Section 2. This act shall take effect on October first in Effective 
the current year. Approved May 2It, 1938. '^'**^- 



An Act relative to the retirement allowances of (J}iar),^4Q 

CERTAIN WAR VETERANS FORMERLY EMPLOYED BY THE 
CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River may increase the 
amount of the retirement allowances paid to John Walker, 
Robert Hindle and John W. Cummings to an amount equal 
to one half the compensation received by them respec- 
tively at the time of their retirement, said persons having 
been retired under chapter two hundred and seventy-eight 
of the acts of nineteen hundred and twenty-four, although 



326 



Acts, 1938. —Chaps. 350, 351. 



they were eligible for retirement under sections fifty-six to 
sixty, inclusive, of chapter thirty-two of the General Laws. 

Section 2. Said city is hereby authorized to pay to 
each of said persons an amount equal to the difference be- 
tween the retirement allowance already received from said 
city and the amounts which he would have received if he 
had been retired under said sections fifty-six to sixty, in- 
clusive. Approved May 24, 1938. 



G. L. (Ter. 
Ed.), 207, 
new section 
47A, added. 



Breach of 
contract to 
marry not 
actionable. 



Chap. 350 An Act abolishing causes of action for breach of 

CONTRACT TO MARRY, WITH A VIEW TO PRESERVING THE 
MARRIAGE INSTITUTION AND PROTECTING THE PUBLIC 
MORALS. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seven of the Gen- 
eral Laws is hereby amended by inserting after section forty- 
seven, as appearing in the Tercentenary Edition, under 
the heading breach of contract to marry not action- 
able, the following new section : — Section 47A . Breach 
of contract to marry shall not constitute an injury or 
wrong recognized by law, and no action, suit or proceed- 
ing shall be maintained therefor. 

Section 2. Form number 8 in the schedule of forms 
appended to section one hundred and forty-seven of chap- 
ter two hundred and thirty-one of the General Laws is 
hereby repealed. 

Section 3. This act shall become effective on Septem- 
ber first of the current year, but shall not affect any action 
to recover damages for breach of contract to marry which 
shall have been commenced prior to said date, nor shall it 
affect any other cause of action to recover damages as afore- 
said which shall have accrued prior to said date if action 
to recover the same is commenced prior to the expiration 
of ninety days after said date, nor shall it affect any cause 
of action accruing on or after said date to recover damages 
for breach of any contract to marry entered into prior to 
said date if action to recover the same is commenced prior 
to the expiration of ninety days after the accrual of the 
cause of action. Approved May 24, 1938. 



Repeal. 



Effective 
date. 

Not to affect 

pending 

actions. 



C/iap. 351 An Act further regulating the contents of notices 
of intention not to renew motor vehicle liability 
policies or bonds, so called, in certain cases. 

Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 175, 
§ 113F, etc., 
amended. 



Section one hundred and thirteen F of chapter one hun- 
dred and seventy-five of the General Laws, inserted by 
chapter three hundred and ninety of the acts of nineteen 
hundred and thirty-seven, is hereby amended by inserting 
after the word "commissioner" in the twentieth line the 



Acts, 1938. — Chap. 352. 327 

following: — and shall include the following statement: 
"This notice shall not be deemed a refusal under section 
one hundred and thirteen D of chapter one hundred and 
seventy-five of the General Laws of the Commonwealth of 
Massachusetts to issue a motor vehicle liability policy or 
to execute a motor vehicle liability bond as surety.", — so 
that the first paragraph will read as follows : — Any com- Renewal of 
pany which does not intend to issue a motor vehicle liabil- idbrn'ty^^''^^ 
ity policy or to execute or act as siu-ety on a motor vehicle poUcies. etc. 
liability bond, both as defined in section thirty-four A of 
chapter ninety, for the ensuing year in favor of the insured 
or the principal named in an existing policy or bond issued 
or executed by it shall, if said policy or bond is in full force 
and effect on November tenth, give written notice of its 
said intent on or before November fifteenth as hereinafter 
provided. Such notice shall, except as hereinafter pro- 
vided, be sent either to said insured or principal or to the 
insurance agent of the company or the insurance broker 
who negotiated the issue of the policy or the execution of 
the bond. If the certificate, as defined in said section 
thirty-four A, in respect to such polic}^ or bond was exe- 
cuted by or on behalf of an insurance agent of the com- 
pany, such notice shall be sent to the said insurance agent. 
If when said notice is to be sent any such insurance agent 
is not then so licensed, the company shall send such notice 
to the said insured or principal. Such notice shall be in a 
form satisfactory to the commissioner and shall include the 
following statement: "This notice shall not be deemed a 
refusal under section one hundred and thirteen D of chap- 
ter one hundred and seventy-five of the General Laws of 
the Commonwealth of Massachusetts to issue a motor ve- 
hicle liability policy or to execute a motor vehicle liability 
bond as surety." Approved May 24, 1938. 



An Act authorizing the city of lowell to retire and Chap. 352 

PENSION JOHN B. BLESSINGTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of his long and meritorious service, 
the city of Lowell may retire upon an annual pension John 
B. Blessington, who served said city faithfully for over 
forty-five years in its street department and is now per- 
manently disabled for further performance of duty. Said 
pension shall be in an amount equal to one half the salary 
received by him at the time of his retirement, and shall be 
paid in equal monthly instalments. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, but not otherwise. 

Approved May 24, 1938. 



328 Acts, 1938. — Chaps. 353, 354. 



Chav.S5S -^N Act relative to the fee for licenses for the 

SALE OF ALCOHOLIC BEVERAGES BY PACKAGE STORES, SO 
CALLED. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section fifteen of chapter one hundred and thirty-eight 

etc.'amencfed. ' of the General Laws, as most recently amended by section 
one of chapter two hundred and twentj^-five of the acts of 
nineteen hundred and thirty-six, is hereby further amended 
by striking out the second paragraph and inserting in place 
thereof the following: — 
Package Any Sale of such beverages shall be conclusively pre- 

fee'fV.''^"^'^' sumed to have been made in the store wherein the order 
was received from the customer. The local licensing authori- 
ties may determine in the first instance when originally 
issuing and upon each annual renewal of licenses under this 
section, the amount of the license fee, in no case less than 
one hundred nor, except as hereinafter provided, more than 
fifteen hundred dollars for the sale of all alcoholic bever- 
ages, and in no case less than seventy-five nor, except as 
hereinafter provided, more than one thousand dollars for 
the sale of wines and malt beverages or either. 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. Approved May 21^, 1938. 

Chap. 354: An Act relative to the disposition of certain fines. 

Be it enacted, etc., as follows: 

g^^-^Ter ^ The first paragraph of section one of chapter two hundred 
etc!. 'amended', and scveuty-nine of the General Laws, as most recently 
amended by section one of chapter three hundred and 
fifty-eight of the acts of nineteen hundred and thirty-five, 
is hereby further amended by striking out, in the twenty- 
fifth line, the words "clerk of the court" and inserting in 
place thereof the words : — sheriff if such fine is imposed in 
the superior court, or to the clerk of the court if such fine 
is imposed in the district court, — and by inserting after 
the word "the" the first time it appears in the twenty- 
seventh line the words : — sheriff's or, — so as to read as 
Execution of f ollows I — When a person convicted before a court is sen- 
tlncey'mty'be tcnccd to imprisonment, the court may direct that the exe- 
suspended. cution of the sentence be suspended, and that he be placed 
on probation for such time and on such terms and condi- 
Disp9sition of tions as it shall fix. When a person so convicted is sen- 
tenced to pay a fine, and to stand committed until it is 
paid, the court may direct that the execution of the sentence 
be suspended for such time as it shall fix, and in its discretion 



certain fines. 



Acts, 1938. — Chap. 355. 329 

that he be placed on probation on condition that he pay 
the fine within such time. If the fine does not exceed 
fifteen dollars and the court finds that the defendant is un- 
able to pay it when imposed, the execution of the sentence 
shall be suspended and he may in its discretion be placed 
on probation, unless the court shall find that he will prob- 
ably default, or that such suspension will be detrimental to 
the interests of the public. If he is committed for non- 
payment of a fine, the order of commitment shall contain a 
recital of the findings of the court on which suspension is 
refused. The fine shall be paid in one payment, or in part 
payments, to the probation officer, and when fully paid the 
order of commitment shall be void. The probation officer 
shall give a receipt for every payment so made, shall keep 
a record of the same, shall pay the fine, or all sums received 
in part payment thereof, to the sheriff if such fine is imposed 
in the superior court, or to the clerk of the court if such fine 
is imposed in the district court, at the end of the period of 
probation or any extension thereof, and shall keep on file 
the sheriff's or clerk's receipt therefor. If during or at the 
end of said period the probation officer shall report that 
the fine is in whole or in part unpaid, and in his opinion 
the person is unwilling or unable to pay it, the court may 
either extend said period, place the case on file or revoke 
the suspension of the execution of the sentence. When 
such suspension is revoked, in a case where the fine has been 
paid in part, the defendant may be committed for default in 
payment of the balance. Approved May 24, 1938. 



An Act relative to the listing of voters in the city 
of revere. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter eighty-four of the 
acts of nineteen hundred and twenty-five is hereby amended 
by striking out the first two sentences and inserting in place 
thereof the following: — There is hereby established in the 
city of Revere a listing board, hereinafter called the board, 
composed of the chief of police and the registrars of voters 
of said city. 

Section 2. Section two of said chapter eighty-four is 
hereby amended by striking out the last paragraph and 
inserting in place thereof the following: — 

The board, upon the personal application of a person 
listed for the correction of any error in its lists, or whenever 
informed of any such error, shall make due investigation, 
and upon proof thereof correct the same on its lists, and 
shall immediately notify the assessors of such correction, 
and said assessors shall correct their lists accordingly. The 
board shall cause all applications and affidavits received 
by it under this section to be preserved for two years. 

Section 3. Said chapter eighty-four is hereby amended 
by striking out section three and inserting in place thereof 



Chap.S55 



330 Acts, 1938. — Chap. 355. 

the following : — Section 3. The board shall, on or before 
the twenty-fifth day of April in each year, transmit to the 
assessors certified lists taken from the lists prepared as pro- 
vided in the preceding section, containing the name, age, 
occupation, nationality, if not a citizen of the United States, 
and residence on the first day of January in the current 
year, and the residence on the first day of January in the 
preceding year, of every person, twenty years of age or 
upward, residing in said city, and shall promptly transmit 
to the assessors notice of everj'- addition to and correction 
in the lists made by it. Instead of visiting every building 
in said city and making their own lists for assessment of 
poll taxes, the assessors may use the lists prepared by the 
board, or such parts thereof as they deem advisable. 
The board shall furnish all information in its possession 
necessary to aid the assessors in the performance of their 
duties. 

Section 4. Said chapter eighty-four is hereby further 
amended by striking out section four and inserting in place 
thereof the following: — Section 4- The board shall, on or 
before the first day of June in each year, prepare printed 
copies of the lists prepared under the preceding section. 
The board shall print such lists in pamphlet form by pre- 
cincts, deliver to the assessors as many copies thereof as 
they may require, and hold the remaining copies for public 
distribution. 

Section 5. Said chapter eighty-four is hereby further 
amended by striking out section five, as most recently 
amended by chapter forty-two of the acts of nineteen hun- 
dred and thirty, and sections six and seven, and inserting 
in place thereof the following: — Section 5. If a person, 
twenty years of age or upward, resident in said city of 
Revere on the first day of January, was not listed by the 
board, he shall, in order to establish his right to be listed, 
appear before the board of registrars of voters at such time 
as it may designate, the members of which are hereby 
authorized to administer oaths for this purpose, and pre- 
sent under oath a statement in writing that he was on said 
day a resident of said city, giving his name, age, occupation, 
nationality, if not a citizen of the United States, and resi- 
dence on the first day of January in the current year and 
his residence on the first day of January in the preceding 
year. 

A person, twenty years of age or upward, who becomes 
a resident of said city after the first day of January and 
desires to be listed, shall appear before any member of the 
board of registrars of voters, each of whom is hereby author- 
ized to administer oaths for the purpose, and present a 
statement in writing under oath that the applicant became 
a resident of said city at least six months immediately prior 
to the election at which he claims the right to vote, giving 
his name, age, occupation, nationality, if not a citizen of 
the United States, and his present residence, the date when 



Acts, 1938. — Chap. 355. 331 

he became a resident of said city, and his residence on the 
first day of January in the current year and on such other 
dates as the board of registrars of voters may require. 

If the board of registrars of voters, after investigation and 
report by the chief of pohce or a poHce officer detailed by 
him, is satisfied that such statements are true, it shall give 
the applicant a certificate that he was a resident of said 
city on said first day of January, which certificate shall 
state his name, age, occupation, nationality, if not a citizen 
of the United States, and present residence, the date when 
he became a resident of said city, and his residence on the 
first day of January in the current year and on the other 
dates required as aforesaid; but no such application shall 
be received, and no such person shall be listed or given 
said certificate, between the twentieth day preceding, and 
the day following, a state or municipal election. The board 
of registrars of voters shall also forthwith transmit to the 
assessors the names of all persons receiving such certificates, 
together with their residences as appearing on said certifi- 
cates. 

In every place where oaths are administered for the pur- 
pose of listing, the board of registrars of voters shall post in 
a conspicuous place a copy of section seven of chapter fifty- 
six of the General Laws, printed on white paper with black 
ink, in type not less than one quarter of an inch wide. 

Section 6. The board of registrars of voters shall enter 
the date of application, the name, age, occupation, nation- 
ality, if not a citizen of the United States, and the resi- 
dences, as appearing on said certificate, of every such ap- 
plicant, together with the result of its investigation of his 
application, in a book provided for that purpose, which 
shall be open for public inspection. The board of regis- 
trars of voters shall cause to be printed in a newspaper 
published in said city of Revere the name and residence of 
every such applicant. Such names and residences shall be 
printed by wards and precincts in the first issue of said 
newspaper published after the number of names of appli- 
cants, not printed, reaches fifty, and shall include the names 
of all such applicants received up to the close of business 
for this purpose in the office of the board on the day when 
said number is reached. 

Section 7. The board of registrars of voters shall keep 
its office open during such hours as shall be necessary to 
carry out the preceding two sections. 

Section 6. This act shall take effect on the thirty-first 
day of December in the current year. 

Approved May 24, 1938. 



332 Acts, 1938. — Chap. 356. 



Chap. 356 An Act making appropriations for the maintenance of 

DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND 
CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTER- 
EST, SINKING FUND AND SERIAL BOND REQUIREMENTS, 
AND FOR CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for the maintenance of the sev- 
eral departments, boards, commissions and institutions, of 
sundry other services, and for certain permanent improve- 
ments, and to meet certain requirements of law, the sums 
set forth in section two, for the several purposes and sub- 
ject to the conditions specified in said section two, are 
hereby appropriated from the general fund or revenue of 
the commonwealth, unless some other source of revenue is 
expressed, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof, for 
the fiscal year ending November thirtieth, nineteen hun- 
dred and thirty-eight, or for such other period as may be 
specified 

Section 2. 

Service of th^ Legislative Department. 

Item 

1 For the compensation of senators, a sum not exceed- 

ing eighty thousand two hundred dollars . . $80,200 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-four thousand 

dollars 474,000 00 

4 For the compensation for travel of representatives, 

a sum not exceeding thirty-five thousand seven 

hundred dollars 35,700 00 

5 For the salaries of the clerk of the senate and the 

clerk of the house of representatives, a sum not 

exceeding twelve thousand dollars . . . 12,000 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 eighty-eight hundred 
and seventy-five dollars ..... 8,875 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 
sixty-eight hundred dollars .... 6,800 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 twenty-five hundred 
dollars 2,500 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 four thousand dollars . 4,000 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 



Acts, 1938. — Chap. 356. 333 

Item 

12 For the salaries of the doorkeepers of the senate and 

house of representatives, and the postmaster, with 
the approval of the sergeant-at-arms, a sum not 
exceeding eight thousand dollars . . . $8,000 00 

13 For the salaries of assistant doorkeepers to the senate 

and house of representatives and of general court 
officers, with the approval of the sergeant-at- 
arms, a sum not exceeding fifty-two thousand six 
hundred dollars 52,600 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 ten 
thousand four hundred dollars .... 10,400 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 

18 For personal services of the counsel to the senate 

and assistants, a sum not exceeding sixteen thou- 
sand three hundred dollars .... 16,300 00 

19 For personal services of the counsel to the house of 

representatives and assistants, a sum not exceed- 
ing twenty-five thousand dollars . . . 25,000 00 

20 For clerical and other assistance of the senate com- 

mittee on rules, a sum not exceeding fifty-five 

hundred dollars 5,500 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 au- 
thorized by order of either branch of the general 
court, a sum not exceeding five thousand dol- 
lars 5,000 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-five thousand dollars . . 65,000 00 

24 For expenses in connection with the publication of 

the bulletin of committee hearings and of the daily 
list, with the approval of the joint committee on 
rules, a sum not exceeding nineteen thousand five 
hundred dollars 19,500 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 two hundred dollars ..... 200 00 

27 For office expenses of the counsel to the senate, a 

sum not exceeding three hundred dollars . . 300 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 dollars . . 900 00 

29 For office and other expenses of the committee on 

rules on the part of the house, a sum not exceeding 

six hundred and sixty dollars .... 660 00 



334 Acts, 1938. — Chap. 356. 

Item 

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 sum not exceeding eight 

thousand dollars 8,000 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 six thousand dollars .... 6,000 00 

Total $890,085 00 

Service of Legislative Investigations. 

33a For an investigation of the department of mental 
diseases, as authorized by chapter seven of the 
resolves of nineteen hundred and thirty-seven, and 
by chapter one of the resolves of the present year, 
a sum not exceeding seventy-five hundred dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose . . . $7,500 00 

33b For an investigation relative to the Communistic, 
Fascist, Nazi and other subversive organizations, 
as authorized by chapter thirty-two of the resolves 
of nineteen hundred and thirty-seven, and by 
chapter six of the resolves of the present year, a 
sum not exceeding two thousand dollars, the same 
to be in addition to any amount heretofore ap- 
propriated for the purpose .... 2,000 00 

Total $9,500 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 

exceeding thirty-one hundred dollars . . 3,100 00 

36 For pensions of retired justices of the supreme judi- 

cial court and of the superior court, and judges of 
the probate courts and the land court, a sum not 
exceeding fifty-nine thousand six hundred and 

twenty-five dollars 59,625 00 

(This item is combined with Items 50, 58 and 89.) 

37 For the salary of the clerk for the commonwealth, 

a sum not exceeding sixty-five hundred dollars . 6,500 00 

38 For clerical assistance to the clerk, a sum not exceed- 

ing eighteen hundred dollars .... 1,800 00 

39 For law clerks, stenographers and other clerical as- 

sistance for the justices, a um not exceeding 

twenty-six thousand dollars .... 26,000 00 

40 For office supplies, services and equipment, a sum 

not exceeding eight thousand dollars . . . 8,000 00 

41 For the salaries of the officers and messengers, a sum 

not exceeding three thousand and forty dollars . 3,040 00 

42 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 



Acts, 1938. — Chap. 356. 335 

Item 

Reporter of Decisions: 

43 For the salary of the reporter of decisions, a sum not 

exceeding six thousand dollars .... $6,000 00 

44 For clerk hire and office supplies, services and eqmp- 

ment, a sum not exceeding ten thousand nine 

hundred and fifty dollars 10,950 00 

Pensions: 

45 For the pensions of retired court officers, a sum not 

exceeding two hundred dollars .... 200 00 

Total $225,715 00 

Superior Court, as follows: 

46 For the salaries oi the chief justice and of the thirty- 

one associate justices, a sum not exceeding three 

hundred eighty-five thousand dollars . . $385,000 00 

47 For traveling allowances and expenses, a sum not 

exceeding eighteen thousand dollars . . . 18,000 00 

48 For the salary of the assistant clerk, Suffolk county, 

a sum not exceeding one thousand dollars . . 1,000 00 

49 For clerical work, inspection of records and doings 

of persons authorized to admit to bail, for an ex- 
ecutive clerk to the chief justice, and for certain 
other expenses incident to the work of the court, 
a sum not exceeding twelve thousand three hun- 
dred dollars 12,300 00 

50 (This item combined with Item 36.) 

Total $416,300 00 

Justices of District Courts: 

51 For compensation of justices of district courts while 

sitting in the superior court, a sum not exceeding 

twenty-one thousand dollars .... $21,000 00 

52 For expenses of justices of district courts while sit- 

ting in the superior court, a sum not exceeding 

twenty-six hundred dollars .... 2,600 00 

53 For reimbursing certain counties for compensation 

of certain special justices for services in holding 
sessions of district courts in place of the justice, 
while sitting in the superior court, a sum not ex- 
ceeding seven thousand dollars .... 7,000 00 

Total $30,600 00 

Judicial Council: 

54 For expenses of the judicial council, as authorized 

by section thirty-four C of chapter two hundred 
and twenty-one of the General Laws, as appearing 
in the Tercentenary Edition thereof, a sum not 
exceeding seventeen hundred and fifty dollars . $1,750 00 

55 For compensation of the secretary of the judicial 

council, as authorized by said section thirty-four 
C of said chapter two hundred and twenty-one, a 
sum not exceeding thirty-five hundred dollars . 3,500 00 

Total $5,250 00 

Administrative Committee of District Courts: 

56 For compensation and expenses of the administra- 

tive committee of district courts, a sum not ex- 
ceeding twenty-five hundred dollars . . . $2,500 00 



336 Acts, 1938. — Chap. 356. 

Item 

Probate and Insolvency Courts, as follows: 

57 For the salaries of judges of probate ot the several 

counties, a sum not exceeding one hundred fifty- 
eight thousand five hundred doUars . , . $158,500 00 

58 (This item combined with Item 36.) 

59 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 

60 For expenses of judges of probate when acting for 

other judges of probate, a sum not exceeding five 

hundred dollars 500 00 

61 For the salaries of registers of the several counties, 

a sum not exceeding sixty-three thousand three 

hundred dollars 63,300 00 

62 For the salaries of assistant registers, a sum not ex- 

ceeding seventy-six thousand three hundred and 

eighty dollars 76,380 00 

Total $306,680 00 

Administrative Committee of Probate Courts: 

63 For expenses of the administrative committee of 

probate courts, a sum not exceeding five hundred 

dollars $500 00 

For clerical assistance to Registers of the several 
counties, as follows: 

64 Barnstable, a sum not exceeding twenty-two hun- 

dred and fifty dollars $2,250 00 

65 Berkshire, a sum not exceeding fifty-three hundred 

and forty dollars 5,340 00 

66 Bristol, a sum not exceeding fourteen thousand five 

hundred and fifty dollars ..... 14,550 00 

67 Dukes County, a sum not exceeding six hundred and 

sixty dollars 660 00 

68 Essex, a sum not exceeding nineteen thousand five 

hundred dollars 19,500 00 

69 Franklin, a sum not exceeding eleven hundred and 

fifty dollars 1,150 00 

70 Hampden, a sum not exceeding thirteen thousand 

eight hundred dollars 13,800 00 

71 Hampshire, a siun not exceeding twenty-one hun- 

dred and thirty dollars 2,130 00 

72 Middlesex, a sum not exceeding forty-eight thou- 

sand eight hundred and ten dollars . . . 48,810 00 

73 Norfolk, a sum not exceeding sixteen thousand four 

hundred and forty dollars .... 16,440 00 

74 Plymouth, a sum not exceeding fifty-two hundred 

and fifty dollars 5,250 00 

75 Suffolk, a sum not exceeding sixty-two thousand four 

hundred and ninety dollars .... 62,490 00 

76 Worcester, a sum not exceeding fourteen thousand 

seven hundred and fifty dollars . . . 14,750 00 

Total $207,120 00 

District Attorneys, as follows: 

77 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 

78 For the salaries of the district attorney and assist- 

ants for the northern district, a sum not exceeding 

thirty-two thousand dollars .... 32,000 00 



Acts, 1938. — Chap. 356. 337 

Item 

79 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 

80 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 

81 For the salaries of the district attorney and assist- 

ants for the southern district, a sum not exceeding 

twelve thousand six hundred dollars . . . 12,600 00 

82 For the salaries of the district attorney and assist- 

ants for the middle district, a sum not exceeding 

fifteen thousand dollars ..... 15,000 00 

83 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 

84 For the salary of the district attorney for the north- 

western district, a sum not exceeding four thou- 
sand dollars 4,000 00 

85 For traveling expenses necessarily incurred by the 

district attorneys, except in the Suffolk district, 
for the present and previous years, a sum not ex- 
ceeding sixty-five hundred dollars . . . 6,500 00 

Total $182,500 00 

Service of the Land Court. 

86 For the salaries of the judge, associate judges, the 

recorder and court officer, a sum not exceeding 
thirty-eight thousand nine hundred and eighty- 
four dollars $38,984 00 

87 For engineering, clerical and other personal services, 

a sum not exceeding forty-six thousand eight hun- 
dred dollars 46,800 00 

88 For personal services in the examination of titles, for 

publishing and serving citations and other serv- 
ices, traveling expenses, suppfies and office equip- 
ment, and for the preparation of sectional plans 
showing registered land, a sum not exceeding 
twenty-three thousand dollars .... 23,000 00 

89 (This item combined with Item 36.) 

Total . $108,784 00 



Service of the Board of Probation. 

90 For personal services of the commissioner, clerks and 

stenographers, a sura not exceeding sixty thou- 
sand six hundred and fifty dollars . . . $60,650 00 

91 For services other than personal, including printing 

the annual report, traveling expenses, rent, office 
supplies and equipment, a sum not exceeding thir- 
teen thousand six hundred dollars . . . 13,600 00 

Total $74,250 00 



Service of the Board of Bar Examiners. 

92 For personal services of the members of the board, 
a sum not exceeding twelve thousand five hun- 
dred dollars $12,500 00 



338 Acts, 1938. — Chap. 356. 

Item 

93 For other services, including printing the annual 

report, traveling expenses, office supplies and 
equipment, a sum not exceeding eight thousand 
dollars $8,000 00 

Total $20,500 00 

Service of the Executive Department. 

94 For the salary of the governor, a sum not exceeding 

ten thousand dollars $10,000 00 

95 For the salary of the lieutenant governor, a sum not 

exceeding four thousand dollars . . . 4,000 00 

96 For the salaries of the eight councillors, a sum not 

exceeding eight thousand dollars . . . 8,000 00 

97 For the salaries of officers and employees of the de- 

partment, a sum not exceeding forty-seven thou- 
sand six hundred dollars ..... 47,600 00 

98 For certain personal services for the lieutenant 

governor and council, a sum not exceeding fifty- 
seven hundred dollars; provided, that not more 
than two persons shall be employed for this pur- 
pose after June first, nineteen hundred and thirty- 
eight 5,700 00 

99 For travel and expenses of the lieutenant governor 

and council from and to their homes, a sum not 

exceeding fifteen hundred dollars . . . 1,500 00 

100 For postage, printing, office and other contingent 

expenses, including travel of the governor, a sum 

not exceeding twenty thousand dollars . . 20,000 00 

101 For postage, printing, stationery, traveling and con- 

tingent expenses of the governor and council, a 

sum not exceeding twenty-five hundred dollars 2,500 00 

102 (This item omitted.) 

103 For payment of extraordinary expenses and for 

transfers made to cover deficiencies, with the 
approval of the governor and council, a sum not 
exceeding one hundred thousand dollars . . 100,000 00 

104 For certain maintenance expenses of the governor's 

automobile, a sum not exceeding eighteen hun- 
dred doUars 1,800 00 

Total $201,100 00 

Service of the Adjutant General. 

105 For the salary of the adjutant general, a sum not 

exceeding forty-one hundred dollars . . . $4,100 00 

106 For personal services of office assistants, including 

services for the preparation of records of Massa- 
chusetts soldiers and sailors, a sum not exceeding 
thirty-three thousand four hundred and seventy 
dollars 33,470 00 

107 For services other than personal, and for necessary 

office supplies and expenses, a sum not exceeding 

fifty-four hundred and fifty dollars . . . 5,450 00 

108 For expenses of the national guard convention and 

for expenses not otherwise provided for in connec- 
tion with military matters and accounts, a sum 
not exceeding eighty-five hundred dollars . . 8,500 00 

Total $51,520 00 



Acts, 1938. — Chap. 356. 339 



Service of the Militia. 

Item 

109 For allowances to companies and other administra- 

tive units, a sum not exceeding one hundred 

sixty-one thousand dollars . . ... $161,U0U UU 

110 For the cost of materials and equipment and inci- 

dental expenses of training persons in the use of 
chemical gas, a sum not exceeding fifteen hundred 

doUars , • . -a. ■ -^'^^^ "" 

111 For certain allowances for national guard otticers, 

as authorized by paragraph (d) of section one 
hundred and forty-five of chapter thirty-three of 
the General Laws, as appearing in the Tercente- 
nary Edition thereof, a sum not exceeding twenty- 
four thousand four hundred dollars . . . 24,400 00 

112 For pay and transportation of certain boards, a sum 

not exceeding thirty-five hundred dollars . . 3,500 00 

113 For pay and expenses of certain camps of instruc- 

tion, a sum not exceeding seven thousand dollars 7,0UU UU 

114 For pay and transportation in making inspections 

and surveys, and for escort duty, a sum not ex- 
ceeding thirty-five hundred dollars . . . 3,o00 00 

115 For transportation of ofiicers and non-commissioned 

officers for attendance at military meetings, a 

sum not exceeding thirty-five hundred dollars 3,500 00 

116 For transportation to and from regimental and 

battalion drills, a sum not exceeding one thou- 
sand dollars • . • 1.000 00 

117 For transportation when appearmg for exammation, 

a sum not exceeding one hundred dollars . . 100 00 

118 For expenses of rifle practice, a sum not exceeding 

fifteen thousand dollars . . . ■ . • 15,000 UU 

119 For compensation, transportation and expenses m 

the preparation for camp duty maneuvers, a sum 

not exceeding thirty thousand dollars . . 3U,U00 UU 

120 For maintenance of horses, a sum not exceeding 

fifty-nine hundred dollars . . • • 5,900 00 

121 For compensation for special and miscellaneous duty, 

a sum not exceeding fifteen thousand two hundred , ^ ^^^ .., 
and fifty dollars 15,250 00 

122 For compensation for accidents and mjuries sus- 

tained in the performance of military duty, a sum 

not exceeding eight thousand dollars . . • »,000 UU 

123 To cover certain small claims for damages to private 

property arising from military maneuvers, a sum 

not exceeding five hundred dollars ... 500 OU 

124 For expenses of maintaining an aero squadron, a sum 

not exceeding four thousand dollars . . • 4,000 UU 

125 For services and expenses of the mihtary reservation 

located in Barnstable county, a sum not exceed- 

ing twenty-five hundred dollars .... 2,5UU UU 

126 For premiums on bonds for oflBcers, a sum not ex- 

ceeding seventeen hundred and fifty dollars . 1,750 UU 

127 For instruction in military authority, organization 

and administration, and in the elements of miU- 
tary art, a sum not exceeding fifteen thousand 

dollars ;, • • ^^'^°^ ^ 

128 For allowances for batteries of field artillery, a sum 

not exceeding sixty-four hundred dollars • • b,4U0 UU 

129 For expenses of operation of the twenty-sixth dm- 

sion, a sum not exceeding fifty-one hundred dollars 5, lOU UU 

130 For clerical and other expenses for the office of the 

property and disbursing officer, a sum not exceed- 

ing fifty-nine hundred and eighty dollars . . 5,980 UU 



340 Acts, 1938. — Chap. 356. 

Item 

131 For personal services necessary for the operation of 
the commonwealth depot and motor repair park, 
a sum not exceeding thirty-six thousand seven 
hundred and twenty dollars .... $36,720 00 



Total S357,600 00 

Service oj Special Military Expenses. 

132 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 
one hundred and fifty dollars . . . . $150 00 

Service of the State Quartermaster. 

133 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-one thousand dollars . . . $21,000 00 

134 For the salaries of armorers and assistant armorers 

of first-class armories, and superintendent of ar- 
mories, a sum not exceeding one hundred thirty- 
nine thousand dollars 139,000 00 

135 For certain incidental military expenses of the quar- 

termaster's department, a sum not exceeding three 

hundred and fifty dollars ..... 350 00 

136 For ofiice 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 two hundred dollars ..... 200 00 

138 For the maintenance of armories of the first class, 

including the purchase of certain furniture, a sum 
not exceeding one hundred ninety-six thousand 
dollars 196,000 00 

139 For reimbursement for rent and maintenance of ar- 

mories not of the first class, a sum not exceeding 

fifty-one hundred dollars ..... 5,100 00 

140 For expense of maintaining and operating the Camp 

Curtis Guild rifle range, a sum not exceeding 

twenty thousand dollars 20,000 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 $407,650 00 

Service of the State Surgeon. 

142 For personal services of the state surgeon, and 

regular 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 

hundred dollars $1,500 00 



Acts, 1938. — Chap. 356. 341 



Service of the Commission on Administration and Finance. 

Item 

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 the bureau of the comp- 

troller, a sum not exceeding one hundred two 

thousand dollars 102,000 00 

148 For personal services of the bureau of the pur- 

chasing agent, a sum not exceeding seventy-two 

thousand dollars 72,000 00 

149 For other personal services of the commission, a sum 

not exceeding fifty-eight thousand dollars . . 58,000 00 

150 For other expenses incidental to the duties of the 

commission, a sum not exceeding thirty-two 

thousand dollars 32,000 00 



Total $290,500 00 

Purchase of paper: 

151 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. 

152 For compensation of members, a sum not exceeding 

five hundred dollars . . . , . $500 00 

153 For office, incidental, and traveling expenses, a sum 

not exceeding one hundred doUars . . . 100 00 

154 For the construction of latrines and shower baths 

and for necessary clearing and grading at the state 
miUtary reservation located in Barnstable county, 
a sum not exceeding fifty thousand dollars; pro- 
vided, that said sum may be used in connection 
with Works Progress Administration grants . 50,000 00 



Total $50,600 00 

Service of the Commissioner of State Aid and Pensions. 

155 For personal services of the commissioner and 

deputies, a sum not exceeding twelve thousand 

seven hundred and ninety dollars . . . $12,790 00 

156 For personal services of agents, clerks, stenographers 

and other assistants, a sum not exceeding twenty- 
eight thousand dollars . . . . . 28,000 00 

157 For services other than personal, including print- 

ing the annual report, traveUng expenses of the 
commissioner and his employees, and necessary 
office supplies and equipment, a sum not exceed- 
ing forty-seven hundred dollars . . . 4,700 00 



Total $45,490 00 

For Expenses on Account of Wars. 

158 For reimbursing cities and towns for money paid 
on account of state and miUtary aid to Massa- 
chusetts soldiers and their families, the sum of 
three hundred seventy thousand dollars, the same 
to be paid on or before the fifteenth day of No- 
vember in the current year, in accordance with 
the provisions of existing laws relative to state 
and mihtary aid $370,000 00 



342 Acts, 1938. — Chap. 356. 

Item 

159 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 Tercente- 
nary Edition thereof, a sum not exceeding twenty- 
five thousand six hundred dollars . . . $25,600 00 



Total $395,600 00 

Service of the Massachusetts Soldiers' Home. 

160 For the maintenance of the Soldiers' Home in Massa- 

chusetts, with the approval of the trustees thereof, 
a sum not exceeding three hundred twenty- 
six thousand dollars, the same to be in addition 
to certain receipts from the United States govern- 
ment $326,000 00 

161 For the purchase of furnishings and equipment for 

Sargent Hall, a sum not exceeding twelve hun- 
dred and fifty dollars 1,250 00 

162 For the construction of an addition to the power 

plant basement for utility purposes, and for the 
purchase of equipment for the production of ice 
cream, a sum not exceeding sixty-eight hundred 
dollars 6,800 00 

163 For certain additional furnishings for the nurses' 

dormitory, a sum not exceeding fourteen hundred 

dollars 1,400 00 

Total $335,450 00 

Service of the Art Commission. 

164 For expenses of the commission, a sum not exceed- 

ing one hundred and fifty dollars . . . $150 00 

Service of the Ballot Law Commission. . 

165 For compensation of the commissioners, a sum not 

exceeding fifteen hundred dollars . . . $1,500 00 

166 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. 

167 For expenses of the commissioners, a sum not ex- 

ceeding seven hundred and fifty dollars . . $750 00 

For the Maintenance of the Mount Greylock War Memorial. 

168 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 
two thousand dollars $2,000 00 

Service of the Alcoholic Beverages Control Commission. 

The following items shall be payable from fees 
collected under section twenty-seven of chap>- 
ter one hundred and thirty-eight of the Gen- 
eral Laws, as most recently amended : 

169 For personal services, a sum not exceeding one hun- 

dred thirteen thousand nine hundred dollars . $113,900 00 



Acts, 1938. — Chap. 356. 343 

Item 

170 For services other than personal, including rent of 
offices, travel, and office and incidental expenses, 
a sum not exceeding forty-four thousand dollars $44,000 00 



Total $157,900 00 

Service of the State Planning Board. 

171 For personal services of secretary, chief engineer, 

and other assistants, a sum not exceeding thirty- 
three thousand dollars $33,000 00 

172 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceed- 
ing eleven thousand dollars .... 11,000 00 

Total $44,000 00 

Service of the State Racing Commission. 

173 For personal services, a sum not exceeding one hun- 

dred and thirty thousand dollars . . . $130,000 00 

174 For other administrative expenses, including rent of 

offices, travel, and office and incidental expenses, 

a sum not exceeding thirteen thousand dollars . 13,000 00 

Total $143,000 00 

Service of the State Library. 

175 For personal services of the librarian, a sum not ex- 

ceeding fifty-seven hundred dollars . . . $5,700 00 

176 For personal services of the regular library assist- 

ants, temporary clerical assistance, and for serv- 
ices for cataloguing, a sum not exceeding forty- 
two thousand four hundred dollars . . . 42,400 00 

177 For services other than personal, including printing 

the annual report, office supplies and equipment, 
and incidental travefing expenses, a sum not ex- 
ceeding twenty-three hundred dollars . . 2,300 00 

178 For books and other publications and things needed 

for the library, and the necessary binding and 
rebinding incidental thereto, a sum not exceed- 
ing eleven thousand dollars .... 11,000 00 



Total $61,400 00 

Service of the Superintendent of Buildings. 

179 For personal services of the superintendent and 

office assistants, a sum not exceeding ten thou- 
sand seven hundred and sixty dollars . . . $10,760 00 

180 For personal services of engineers, assistant engi- 

neers, firemen and helpers in the engineer's depart- 
ment, a sum not exceeding sixty-one thousand 
three hundred dollars 61,300 00 

181 For personal services of capitol police, a sum not 

exceeding forty-eight thousand nine hundred 

and sixty dollars 48,960 00 

182 For personal services of janitors, a sum not exceed- 

ing twenty-four thousand four hundred and 

twenty dollars 24,420 00 

183 For other personal services incidental to the care 

and maintenance of the state house, a sum not 
exceeding eighty-three thousand five hundred 
dollars 83,500 00 



344 Acts, 1938. — Chap. 356. 

Item 

184 For personal services of the central mailing room, 

a sum not exceeding eighty-seven hundred dollars $8,700 00 



Total $237,640 00 

Other Annual Expenses : 

185 For contingent, office and other expenses of the 

superintendent, a sum not exceeding three hun- 
dred dollars $300 00 

186 For telephone service in the building and expenses 

in connection therewith, a sum not exceeding 

thirty-six thousand five hundred dollars . . 36,500 00 

187 For services, supplies and equipment necessary to 

furnish heat, Ught and power, a sum not exceed- 
ing forty-six thousand dollars .... 46,000 00 

188 For other services, supplies and equipment neces- 

sary for the maintenance and care of the state 
house and grounds, including repairs of fiuniture 
and equipment, a sum not exceeding thirty-two 
thousand dollars 32,000 00 

189 For office and other expenses of the central mailing 

room, a sum not exceeding one hundred dollars . 100 00 

Total $114,900 00 

Special Improvements: 

190 (This item omitted.) 

191 For improvements in the power plant at the state 

house, including the purchase and installation of 
certain equipment, a sum not exceeding fifty-one 
thousand dollars $51,000 00 

For the Maintenance of Old State House. 

192 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 oj the Secretary of the Commonwealth. 

193 For the salary of the secretary, a sum not exceeding 

seven thousand dollars ..... $7,000 00 

194 For the salaries of officers and employees holding 

positions established by law, and other personal 
services, a sum not exceeding one hundred sixteen 
thousand dollars . . . . . . 116,000 00 

195 For services other than personal, traveUng ex- 

penses, office suppHes and equipment, for the 
arrangement and preservation of state records and 
papers, and for advertising the purpose of sec- 
tions 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 

196 For postage and expressage on pubhc documents, 

and for mailing copies of bills and resolves to 
certain state, city and town officials, a sum not 
exceeding twenty-nine hundred dollars . . 2,900 00 

197 For printing registration books, blanks and indexes, 

a sum not exceeding eight hundred dollars . 800 00 

198 For the purchase of certain supplies and equipment, 

and for other things necessary in connection with 
the reproduction of the manuscript collection 
designated "Massachusetts Archives", a sum 
not exceeding twenty-five hundred dollars . . 2,500 00 

199 For the purchase of ink for public records of the 

commonwealth, a sum not exceeding one thou- 
sand dollars 1,000 00 



Acts, 1938. — Chap. 356. 345 

Item 

200 For traveling expenses of the supervisor of public 
records, a sum not exceeding seven hundred dol- 
lars $700 00 



Total $147,900 00 

Indexing vital statistics : 

201 For the preparation of certain indexes of births, 

marriages and deaths, a sum not exceeding nine 

thousand dollars $9,000 00 

For printing laws, etc. : 

202 For printing and distributing the pamphlet edition 

and for printing and binding the blue book edi- 
tion of the acts and resolves of the present year, 
a sum not exceeding thirteen thousand dollars . $13,000 00 

203 For the printing of reports of decisions of the su- 

preme judicial court, a sum not exceeding sixty- 
three hundred and twenty dollars, the same to 
be in addition to any unexpended balance of ap- 
propriations made for the purpose in preceding 
years 6,320 00 

204 For printing and binding public documents, a sum 

not exceeding two thousand dollars . . . 2,000 00 

Total $21,320 00 

For matters relating to elections : 

205 For personal and other services in preparing for 

primary elections, and for the expenses of prepar- 
ing, printing and distributing ballots for primary 
and other elections, a sum not exceeding two hun- 
dred twenty-two thousand dollars . . . $222,000 00 

206 For the printing of blanks for town officers, election 

laws and blanks and instructions on all matters 
relating to elections, a sum not exceeding five 
thousand dollars .* 5,000 00 

207 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 
twenty-five himdred dollars .... 2,500 00 

208 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 

209 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 ap- 
pearing in the Tercentenary Edition thereof, a 
sum not exceeding forty-six thousand dollars . 46,000 00 

Total $289,500 00 

Medical Examiners' Fees: 

210 For medical examiners' fees, as provided by law, a 

sum not exceeding twelve hundred dollars . . $1,200 00 

Commission on Interstate Co-operation: 

211 For personal and other services of the commission, 

including travel and other expenses, as authorizeu 
by sections twenty-one to twenty-five, inclusive, 
of chapter six of the General Laws, inserted by 
chapter four hundred and four of the acts of nine- 
teen hundred and thirty-seven, a sum not exceed- 
ing eight thousand dollars .... $8,000 00 



346 Acts, 1938. — Chap. 356. 



Service of the Treasurer and Receiver-General. 

Item 

212 For the salary of the treasurer and receiver-general, 

a sum not exceeding six thousand dollars . . $6,000 00 

213 For salaries of officers and employees holding posi- 

tions established by law and additional clerical 
and other assistance, a sum not exceeding sixty- 
five thousand two hundred and twenty dollars . 65,220 00 

214 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceed- 
ing twenty-one thousand five hundred dollars . 21,500 00 

215 (This item omitted.) 



Total $92,720 00 

Commissioners on Firemen's Relief: 

216 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 seventeen 
thousand five hundred dollars .... $17,500 00 

217 For expenses of administration by the commissioners 

on firemen's relief, a sum not exceeding five hun- 
dred dollars 500 00 

Total $18,000 00 

Payments to Soldiers: 

218 (This item combined with Items 213 and 214.) 

219 For making payments to soldiers in recognition of 

service during the world war, as provided by law, 

a sum not exceeding five thousand dollars . . $5,000 00 

220 For payments to soldiers and sailors in the volunteer 

service of the United States during the Spanish- 
American war, and to certain of their dependents, 
as authorized by section one of chapter five hun- 
dred and sixty-one of the acts of eighteen hun- 
dred and ninety-eight, as amended by section 
one of chapter four hundred and seventy-one of 
the acts of eighteen hundred and ninety-nine, a 
sum not exceeding two hundred dollars . . 200 00 

Total $5,200 00 

State Board of Retirement: 

221 For personal services in the administrative office of 

the state board of retirement, a sum not exceeding 

eleven thousand seven hundred and fifty dollars $11,750 00 

222 For services other than personal, printing the an- 

nual report, and for office supplies and equipment, 
a sum not exceeding seventy-six hundred and 
thirty-five dollars ...... 7,635 00 

223 For requirements of annuity funds and pensions for 

employees retired from the state service under 
authority of law, a sum not exceeding three hun- 
dred twelve thousand dollars .... 312,000 00 



Total $331,385 00 

Service of the Emergency Finance Board. 

224 For administrative expenses of the emergency 
finance board, a sum not exceeding nineteen 
thousand dollars ...... $19,000 00 



Acts, 1938. — Chap. 356. 347 



Service of the State Emergency Public Works Commission. 

Item 

225 For expenses of the board appointed to formulate 

projects or perform any act necessary to enable 
the commonwealth to receive certain benefits 
provided by the National Industrial Recovery 
Act, a sum not exceeding thirteen thousand three 
hundred and twenty-five dollars . . . $13,325 00 

Requirements for Extinguishing the State Debt. 

226 For sinking fund requirements and for certain serial 

bonds maturing during the present year, the 
sum of five million five hundred sixty-three thou- 
sand six hundred thirty-one dollars and eighty- 
three cents, of which sum five million fifty-four 
thousand two hundred ninety-eight dollars and 
fifty cents shall be paid from the Highway Fund $5,563,631 83 

Interest on the Public Debt. 

227 For the payment of interest on the direct debt of 

the commonwealth, a sum not exceeding seven 
hundred twenty-five thousand five hundred sixty 
dollars and eighty-three cents, of which sum four 
hundred forty-nine thousand three hundred 
thirty-eight dollars and seventy-five cents shall 
be paid from the Highway Fund . . . $725,560 83 

Service of the Auditor of the Commonwealth. 

228 For the salary of the auditor, a sum not exceeding 

six thousand dollars ..... $6,000 00 

229 For personal services of deputies and other assist- 

ants, a sum not exceeding sixty-six thousand dol- 
lars 66,000 00 

230 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceed- 
ing sixty-five hundred dollars .... 6,500 00 

Total $78,500 00 

Service of the Attorney General's Department. 

231 For the salary of the attorney general, a sum not 

exceeding eight thousand dollars . . . $8,000 00 

232 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 
thirty-four thousand five hundred dollars . . 134,500 00 

233 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceed- 
ing ten thousand five hundred dollars . . 10,500 00 

234 For the settlement of certain claims, as provided 

by law, on account of damages by cars owned by 
the commonwealth and operated by state em- 
ployees, a sum not exceeding twelve thousand 
dollars 12,000 00 

235 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 



Total $173,000 00 



348 Acts, 1938. — Chap. 356. 



Service of the Department of Agriculture. 

Item 

236 For the salary of the commissioner, a sum not 

exceeding six thousand dollars .... $6,000 00 

237 For personal services of clerks and stenographers, a 

sum not exceeding twenty-six thousand five hun- 
dred dollars 26,500 00 

238 For traveling expenses of the commissioner, a sum 

not exceeding eight hundred dollars . . . 800 00 

239 For services other than personal, printing the 

annual report, office supplies and equipment, and 
printing and furnishing trespass posters, a sum 
not exceeding seven thousand dollars . . 7,000 00 

240 For compensation and expenses of members of the 

advisory board, a sum not exceeding fifteen hun- 
dred dollars 1,500 00 

241 For serv-ices and expenses of apiary inspection, a 

sum not exceeding two thousand dollars . . 2,000 00 

Division of Dairying and Animal Husbandry: 

242 For personal services, a sum not exceeding sixteen 

thousand three hundred dollars . . . 16,300 00 

243 For other expenses, including the enforcement of the 

dairy laws of the commonwealth, a sum not ex- 
ceeding sixty-five hundred dollars , . . 6,500 00 

244 For administering the law relative to the inspec- 

tion of barns and dairies by the department of 
agriculture, a sum not exceeding twenty-eight 
thousand eight hundred dollars . . . 28,800 00 

245 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 licensing and bonding 
of milk dealers, a sum not exceeding five thousand 
dollars 5,000 00 

Division of Plant Pest Control: 

246 For personal services, a sum not exceeding seventy- 

five hundred and eighty dollars . . . 7,580 00 

247 For other expenses, a sum not exceeding forty-three 

hundred dollars 4,300 00 

Division of Markets: 

248 For personal services, a sum not exceeding twenty- 

nine thousand nine hundred dollars . . . 29,900 00 

249 For other expenses, a sum not exceeding eight 

thousand dollars 8,000 00 

Division of Reclamation, Soil Survey and Fairs: 

250 For personal services, a sum not exceeding eleven 

thousand one hundred dollars .... 11,100 00 

251 For travel and other expenses, a sum not exceeding 

fifty-three hundred dollars . . . . 5,300 00 

252 For state prizes and agricultural exhibits, including 

allotment of funds for the 4-H club activities, a 
sum not exceeding twenty-nine thousand dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for this purpose, and any un- 
expended balance remaining at the end of the 
current fiscal year may be used in the succeeding 
year 29,000 00 

Total $195,580 00 



Acts, 1938. — Chap. 356. 349 

Item 

Milk Control Board: 

253 For personal services of members of the board and 

their employees, a sum not exceeding ninety-seven 

thousand dollars $97,000 00 

254 For other administrative expenses of the board for 

the present and the previous year, including office 
expenses, rent, travel and special services, a sum 
not exceeding sixty-six thousand dollars . . 66,000 00 

Total $163,000 00 

Division of Livestock Disease Control: 

255 For the salary of the director, a sum not exceeding 

four thousand dollars ..... $4,000 00 

256 For personal services of clerks and stenographers, a 

sum not exceeding twenty-six thousand six hun- 
dred and seventy dollars ..... 26,670 00 

257 For services other than personal, including print- 

ing the annual report, traveling expenses of the 
director, office supphes and equipment, and rent, 
a sum not exceeding nine thousand dollars . 9,000 00 

258 For personal services of veterinarians and agents 

engaged in the work of extermination of con- 
tagious diseases among domestic animals, a sum 
not exceeding sixty-nine thousand dollars . . 69,000 00 

259 For traveUng expenses of veterinarians and agents, 

including the cost of any motor vehicles pur- 
chased for their use, a sima not exceeding twenty 
thousand dollars 20,000 00 

260 For reimbursement of owners of horses killed dur- 

ing the present and previous years, travel, when 
allowed, of inspectors of animals, incidental 
expenses of kilUng and burial, quarantine and 
emergency services, and for laboratory and veteri- 
nary suppUes and equipment, a sum not exceed- 
ing forty-eight hundred dollars .... 4,800 00 

261 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- 
three thousand three hundred dollars, the same 
to be in addition to any amount heretofore appro- 
priated for the purpose, and any unexpended 
balance remaining at the end of the current fiscal 
year may be used in the succeeding year . . 43,300 00 

Total $176,770 00 

Reimbursement of towns for inspectors of animals : 

262 For the reimbursement of certain towns for com- 

pensation paid to inspectors of animals, a sum 

not exceeding fifty-two hundred dollars . . $5,200 00 

Specials : 

263 For work in protecting the pine trees of the common- 

wealth from white pine blister riist, and for pay- 
ments of claims on account of currant and goose- 
berry bushes destroyed in the work of suppressing 
white pine blister rust, a sum not exceeding three 
thousand doUars $3,000 00 



350 Acts, 1938. — Chap. 356. 

Item 

264 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 S3,000 00 

265 For quarantine and other expenses in connection 

with the work of suppression of the Japanese 
beetle, so called, a sum not exceeding thirty-four 
hundred dollars 3,400 00 

266 For the cost of work of inspecting certain orchards 

of the commonwealth to provide for effective 
apple pest control, a sum not exceeding twenty- 
five hundred dollars 2,500 00 



Total $11,900 00 

State Reclamation Board: 

267 For expenses of the board, a sum not exceeding 

twelve thousand dollars . . . . . $12,000 00 

268 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 
hundred and thirty-five, a sum not exceeding 
thirty-three thousand dollars, the same to be 
assessed upon certain towns as required by law 
and to be in addition to any amount heretofore 
appropriated for the purpose .... 33,000 00 

Total $45,000 00 

Service of the Department of Conservation. 

Administration : 

269 For the salary of the commissioner, a sum not 

exceeding six thousand dollars .... $6,000 00 

270 For traveling expenses of the commissioner, a sum 

not exceeding eight hundred dollars . . . 800 00 

271 For telephone service and certain other office 

charges of the department, a sum not exceeding 
twenty-four hundred dollars .... 2.400 00 

272 For personal services of a telephone operator and 

office boy, a sum not exceeding twenty-two him- 

dred dollars 2,200 00 



Total $11,400 00 

Division of Forestry: 

273 For personal services of office assistants, a sum not 

exceeding fifteen thousand and sixty dollars . $15,060 00 

274 For services other than personal, including printing 

the annual report, and for traveling expenses, 
necessary office supplies and equipment, and rent, 
a sum not exceeding ninety-eight hundred dollars 9,800 00 

275 For aiding towns in the purchase of equipment for 

extinguishing forest fires and for making protec- 
tive belts or zones as a defence against forest 
fires, for the present and previous years, a sum 
not exceeding one thousand dollars . . . 1,000 00 

276 For personal services of the state fire warden and 

his assistants, and for other services, including 
traveling expenses of the state fire warden and 



Acts, 1938. — Chap. 356. 351 

Item 

his assistants, necessary supplies and equipment 
and materials used in new construction in the 
forest fire prevention service, a sum not exceed- 
ing seventy-four thousand six hundred dollars $74,600 00 

277 For the suppression of the gypsy and brown tail 

moths, and for expenses incidental thereto, a sum 
not exceeding fifty thousand two hundred dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose, and any un- 
expended balance remaining at the end of the cur- 
rent fiscal year may be used in the succeeding year. 50,200 00 

278 For the development of state forests, including sal- 

aries and expenses of foresters and the cost of 
maintenance of such nurseries as may be neces- 
sary for the growing of seedlings for the plant- 
ing of state forests, as authorized by sections 
one, six, nine and thirty to thirty-six, inclusive, 
of chapter one hundred and thirty-two of the 
General Laws, as amended, a sum not exceeding 
one hundred thirty-six thousand six hundred 
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 136,600 00 

278a For the construction of a certain dam in the town 
of Middlefield, a sum not exceeding fifteen thou- 
sand dollars, to be expended subject to the con- 
ditions of chapter one hundred and eight of the 
acts of the present year ..... 15,000 00 

278b For expenses of certain Works Progress Adminis- 
tration projects in state forests, a sum not ex- 
ceeding ten thousand dollars .... 10,000 00 

279 For the settlement of a certain case for land taking 

in the city of Fall River for state forestry pur- 
poses, a sum not exceeding thirteen thousand 
eight hundred nineteen dollars and thirty-nine 
cents 13,819 39 

280 For reimbursement to certain towns, 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 doUars 300 00 

281 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 sixty- 
two hundred and eighty-five dollars . . . 6,285 00 

Total $332,664 39 

Division of Parks: 

282 For the development of recreational opportunities 

in state forests, including personal services and 
other expenses, a sum not exceeding thirty-seven 
thousand dollars $37,000 00 

283 For personal services for certain administrative 

purposes and for certain consulting services, a 

sum not exceeding ninety-three hundred dollars . 9,300 00 

284 For travel and other administrative expenses, in- 

cluding supplies for reservation improvements, a 

sum not exceeding fifty-nine hundred dollars . 5,900 00 

285 For the maintenance of the Standish monument 

reservation, a sum not exceeding two thousand 

doUars 2,000 00 



352 Acts, 1938. — Chap. 356. 

Item 

286 For certain repairs to the Myles Standish monu- 

ment, a sum not exceeding thirty-five hundred 

dollars $3,500 00 

287 For the maintenance of Salisbury beach reservation, 

a sum not exceeding nineteen thousand five hun- 
dred doUars 19,500 00 

288 For expenses for improvement of Salisbury beach, 

either in the form of Works Progress Adminis- 
tration projects or with the co-operation of the 
Civilian Conservation Corps, a sum not exceed- 
ing twenty-five thousand dollars, the same to be 
in addition to any amount heretofore appropri- 
ated for the purpose ..... 25,000 00 

Total $102,200 00 

Division of Fisheries and Game: 

289 For the salary of the director, a sum not exceeding 

five thousand dollars $5,000 00 

290 For personal services of office assistants, a sum not 

exceeding twenty-two thousand dollars . . 22,000 00 

291 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 

292 For expenses of exhibitions and other measures to 

increase the interest of the public in the protec- 
tion and propagation of fish and game, a sum not 
exceeding fifteen hundred dollars . . . 1,500 00 

Enforcement of laws : 

293 For personal services of conservation officers, a sum 

not exceeding seventy-four thousand five hundred 

and twenty dollars . . . _ . . . 74,520 00 

294 For traveling expenses of conservation officers, and 

for other expenses necessary for the enforcement 
of the laws, a sum not exceeding thirty-one thou- 
sand eight hundred dollars .... 31,800 00 

Biological work: 

295 For personal ser\aces to carry on biological work, a 

sum not exceeding sixty-nine hundred dollars . 6,900 00 

296 For traveling and other expenses of the biologist and 

his assistants, a sum not exceeding twenty-nine 

hundred dollars 2,900 00 

Propagation of game birds, etc. : 

297 For personal services of employees- at game farms 

and fish hatcheries, a sum not exceeding sixty- 
eight thousand six hundred and eighty dollars . 68,680 00 

298 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 one hundred seventeen thousand eight hun- 
dred dollars 117,800 00 

Damages by wild deer and wild moose : 

299 For the payment of damages caused by wild deer 

and wild moose, for the present year and previous 
years, as provided by law, a sum not exceeding 
seventy-five hundred dollars .... 7,500 00 



Acts, 1938. — Chap. 356. 353 

Item 

Supervision of public fishing and hunting grounds : 

300 For personal services, a sum not exceeding fifty-one 

hundred and fifty dollars . . . . . $5,150 00 

301 For other expenses, a sum not exceeding nineteen 

hundred dollars 1,900 00 

302 For expenses of providing for the establishment 

and maintenance of public fishing grounds, a sum 

not exceeding thirty-six hundred dollars . . 3,600 00 

Protection of wild hfe: 

303 For personal services, a sum not exceeding forty- 

six hundred and fifty dollars .... 4,650 00 

304 For other expenses, a sum not exceeding twenty- 

seven hundred dollars ..... 2,700 00 

Marine fisheries: 

305 For personal services for regulating the sale and 

cold storage of fresh food fish, a sum not exceeding 

fifteen thousand seven hundred dollars . . 15,700 00 

306 For other expenses of regulating the sale and cold 

storage of fresh food fish, a sum not exceeding four 

thousand dollars 4,000 00 

State Supervisor of Marine Fisheries: 

307 For personal services of the state super\'isor of 

marine fisheries and his assistants, a sum not 
exceeding thirteen thousand nine hundred and 
eighty dollars 13,980 00 

308 For office and other expenses of the state supervisor 

of marine fisheries, a sum not exceeding seventy- 
five hundred dollars 7,500 00 

Enforcement of shellfish and other marine fishery 
laws: 

309 For personal services for the administration and 

enforcement of laws relative to shellfish and 
other marine fisheries, a sum not exceeding 
thirty-four thousand dollars .... 34,000 00 

310 For other expenses for the administration and en- 

forcement of laws relative to shellfish and other 
marine fisheries, a sum not exceeding eighteen 
thousand dollars . . . . _ . . 18,000 00 

311 For expenses of purchasing lobsters, subject to the 

conditions imposed by section twenty-six of 
chapter one hundred and thirty of the General 
Laws, as appearing in section two of chapter 
three hundred and twenty-nine of the acts of 
nineteen hundred and thirty-three, a sum not 
exceeding six thousand dollars .... 6,000 00 

312 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 hun- 
dred and thirty-five, a sum not exceeding twenty 
thousand dollars 20,000 00 



Total $486,780 00 

Bounty on seals : 
313 For bounties on seals, a sum not exceeding one 

thousand dollars $1,000 00 



354 Acts, 1938. — Chap. 356. 



Service of the Department of Banking and Insurance. 

Item 

Division of Banks: 

314 For the salary of the commissioner, a sum not ex- 

ceeding six thousand dollars .... $6,000 00 

315 For services of deputy, directors, examiners and 

assistants, clerks, stenographers and experts, a 
sum not exceeding three hundred thirty-two 
thousand dollars 332,000 00 

316 For services other than personal, printing the annual 

report, traveling expenses, office supplies and 
equipment, a sum not exceeding sixty-two thou- 
sand dollars 62,000 00 



Total $400,000 00 

Supervisor of Loan Agencies: 

317 For personal services of supervisor and assistants, 

a sum not exceeding thirteen thousand eight hun- 
dred and ninety dollars $13,890 00 

318 For services other than personal, printing the annual 

report, office supplies and equipment, a sum not 

exceeding two thousand dollars . . . 2,000 00 

Total $15,890 00 

Division of Insurance: 

319 For the salary of the commissioner, a sum not ex- 

ceeding six thousand dollars .... $6,000 00 

320 For other personal services of the division, including 

expenses of the board of appeal and certain other 
costs of supervising motor vehicle liability insur- 
ance, a sum not exceeding two hundred fifty-eight 
thousand five hundred dollars, of which sum not 
more than thirty-five thousand dollars may be 
charged to the Highway Fund .... 258,500 00 

321 For other services, including printing the annual 

report, traveling expenses, necessary office sup- 
plies and equipment, and rent of offices, a sum not 
exceeding sixty-seven thousand dollars . . 67,000 00 

Total $331,500 00 

Board of Appeal on Fire Insurance Rates: 

322 For expenses of the board, a sum not exceeding five 

hundred dollars $500 00 

Division of Savings Bank Life Insurance: 

323 For personal services of officers and employees, a 

sum not exceeding forty-six thousand eight hun- 
dred and fifty dollars $46,850 00 

324 For services other than personal, printing the annual 

report, traveling expenses, rent, publicity and 
equipment, a sum not exceeding seventeen thou- 
sand dollars 17,000 00 



Total $63,850 00 

Service of the Department of Corporations and Taxation. 

Corporations and Tax Divisions: 
325 For the salary of the commissioner, a sum not ex- 
ceeding seventy-five hundred dollars . . . $7,500 00 



Acts, 1938. — Chap. 356. 355 

Item 

326 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 fifty- 
one thousand dollars, of which sum not more than 
fifty thousand dollars may be charged to the High- 
way 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 collec- 
tion of alcoholic beverages taxes, so called . . $251,000 00 

327 For other services, necessary office supplies and equip- 

ment, travel, and for printing the annual report, 
other publications and valuation books, a sum not 
exceeding forty-six thousand two hundred dollars 46,200 00 

328 For expenses of the department for legal services, 

evidence and other information relative to domi- 
cile cases, a sum not exceeding thirty thousand 
dollars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . 30,000 00 

329 For the premium on a certain bond filed in the state 

of Texas to permit suit in that state to recover 
judgment against Edgar B. Davis in relation to 
an unpaid income tax, a sum not exceeding four- 
teen tnousand dollars, the same to be paid from 
receipts from the income tax .... 14,000 00 

Total $348,700 00 

Income Tax Division (the two following appropri- 
ations are to be made from the receipts from 
the income tax) : 

330 For personal services of the director, assistant direc- 

tor, assessors, deputy assessors, clerks, stenogra- 
phers and other necessary assistants, a sum not 
exceeding five hundred thirty-six thousand dollars $536,000 00 

331 For services other than personal, and for traveling 

expenses, oflSce supplies and equipment, and rent, 
a sum not exceeding one hundred seventy thou- 
sand doUars 170,000 00 

Total $706,000 00 

Division of Accounts: 

332 For personal services, a sum not exceeding ninety- 

nine thousand dollars ..... $99,000 00 

333 For other expenses, a sum not exceeding eleven 

thousand two hundred dollars .... 11,200 00 

334 For services and expenses of auditing and installing 

systems of municipal accounts, the cost of which 
is to be assessed upon the municipalities for which 
the work is done, a sum not exceeding one hun- 
dred eighty-five thousand dollars . . . 185,000 00 

335 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-one 
thousand dollars 21,000 00 

336 For the administrative expenses of the county per- 

sonnel board, a sum not exceeding seventy-three 

hundred dollars 7,300 00 



Total $323,500 00 



356 Acts, 1938. — Chap. 356. 

Item 

Reimbursement for loss of taxes: 

337 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-eight, a sum not exceeding one 
hundred sixty-two thousand eight hundred dol- 
lars $162,800 00 

Appellate Tax Board: 

338 For personal services of the members of the board 

and employees, a sum not exceeding ninety-five 

thousand three hundred and fifty dollars . . $95,350 00 

339 For services other than personal, traveling ex- 

penses, office supplies and equipment, and rent, 

a sum not exceeding twenty thousand dollars . 20,000 00 

Total $115,350 00 

, Service oj the Department of Edxication. 

340 For the salary of the commissioner, a sum not ex- 

ceeding nine thousand dollars .... $9,000 00 

341 For personal services of officers, agents, clerks, 

stenographers and other assistants, but not in- 
cluding those employed in university extension 
work, a sum not exceeding one hundred eleven 
thousand sixty dollars ..... 111,060 00 

342 For traveling expenses of members of the advisory 

board and of agents and employees when required 
to travel in discharge of their duties, a sum not 
exceeding seventy-four hundred dollars . . 7,400 00 

343 For services other than personal, necessary office 

supplies, and for printing the annual report and 
bulletins as provided by law, a sum not exceed- 
ing ninety-two hundred dollars .... 9,200 00 

344 For expenses incidental to furnishing school com- 

mittees with rules for testing the sight and hear- 
ing of pupils, a sum not exceeding three hundred 
dollars 300 00 

345 For printing school registers and other school blanks 

for cities and towns, a sum not exceeding two 

thousand dollars 2,000 00 

346 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 

347 For the reimbursement of certain towns for the pay- 

ment of tuition of pupils attending high schools 
outside the towns in which they reside, as pro- 
vided by law, a sum not exceeding two hundred 
thousand dollars 200,000 00 

348 For the reimbursement of certain towns for the 

transportation of pupils attending high schools 
outside the towns in which they reside, as pro- 
vided by law, a sum not exceeding two hundred 
ten thousand dollars 210,000 00 

349 For the reimbursement of certain cities and towns 

for a part of the expense of maintaining agricul- 
tural and industrial vocational schools, as pro- 
vided by law, a sum not exceeding one million 
four hundred sixty-four thousand four hundred 
eighteen dollars and nine cents .... 1,464,418 09 



Acts, 1938. — Chap. 356. 357 

Item 

350 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 
fifty-two thousand five hundred dollars . . $52,500 00 

351 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 four thousand dollars . . . 4,000 00 

352 For the training of teachers for vocational schools, 

to comply with the requirements of federal au- 
thorities under the provisions of the Smith- 
Hughes act, so called, a sum not exceeding thirty- 
one thousand seven hundred dollars . . 31,700 00 

353 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 hundred fifty 
thousand dollars 450,000 00 

354 For expenses of holding teachers' institutes, a sum 

not exceeding two thousand dollars . 2,000 00 

355 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 

356 For assistance to children of certain war veterans, 

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 eight thousand dollars .... 8,000 00 

Total $2,671,578 09 

English-speaking Classes for Adults: 

357 For personal services of administration, a sum not 

exceeding eleven thousand seven hundred doUars $11,700 00 

358 For other expenses of administration, a sum not 

exceeding twenty-three hundred dollars . . 2,300 00 

359 For reimbursement of certain cities and towns, a 

sum not exceeding sixty-five thousand dollars . 65,000 00 

Total $79,000 00 

LTniversity Extension Courses: 

360 For personal services, a sum not exceeding one hun- 

dred fifty-one thousand dollars .... $151,000 00 

361 For other expenses, a sum not exceeding thirty- 

three thousand dollars 33,000 00 

Total $184,000 00 

Specials : 

362 For the cost of printing the general laws relating 

to education, a sum not exceeding seven hundred 

and fifty dollars $750 00 

363 For the cost of renovating and other work necessary 

to make available for the use of the department 
of education the old Art School building on New- 
bury street, Boston, including the expense of 
maintenance and operation for a part of the cur- 
rent fiscal year, a sum not exceeding twenty-four 
thousand seven hundred dollars . . . 24,700 00 

Total $25,450 00 



358 Acts, 1938. — Chap. 356. 



Item 



Division of Immigration and Americanization: 

364 For personal services, a sum not exceeding forty- 

two thousand nine hundred dollars . . $42,900 00 

365 For other expenses, a sum not exceeding sixty-six 

hundred dollars 6,600 00 



Total $49,500 00 

Division of Public Libraries: 

366 For personal services of regular agents and office 

assistants, a sum not exceeding ten thousand five 

hundred dollars $10,500 00 

367 For other services, including printing the annual 

report, traveling expenses, necessary office sup- 
plies and expenses incidental to the aiding of pub- 
lic hbraries, a sum not exceeding ten thousand 
dollars 10,000 00 

Total $20,500 00 

Division of the Blind: 

368 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 fifty thousand 
one hundred dollars $50,100 00 

369 For the maintenance of local shops, a sum not ex- 

ceeding sixty-eight thousand one hundred and 

eighty dollars 68,180 00 

370 For maintenance of Woolson House industries, so 

called, to be expended under the authority of said 
division, a sum not exceeding thirty-eight thou- 
sand dollars 38,000 00 

371 For the maintenance of certain industries for men, 

to be expended under the authority of said divi- 
sion, a sum not exceeding one hundred fifty-one 
thousand dollars 151,000 00 

372 For instruction of the adult blind in their homes, a 

sum not exceeding nineteen thousand nine hun- 
dred and forty dollars 19,940 00 

373 For expenses of providing sight-saving classes, with 

the approval of said division, a sum not exceed- 
ing twenty thousand seven hundred and fifty 
dollars 20,750 00 

374 For aiding the adult blind, subject to the conditions 

provided by law, a sum not exceeding one hun- 
dred twenty-five thousand dollars . . . 125,000 00 

375 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 nine- 
teen hundred and thirty-five, a sum not exceeding 
twenty-two thousand dollars .... 22,000 00 

Total ........ $494,970 00 

Teachers' Retirement Board: 

376 For personal services of employees, a sum not ex- 

ceeding fourteen thousand six hundred dollars . $14,600 00 

377 For services other than personal, including printing 

the annual report, traveling expenses, office sup- 
plies and equipment, and rent, a sum not exceed- 
ing five thousand dollars ..... 5,000 00 



Acts, 1938. — Chap. 356. 359 

Item 

378 For payment of pensions to retired teachers, a sum 

not exceeding one million two hundred ninety 

thousand dollars $1,290,000 00 

379 For reimbursement of certain cities and towns for 

pensions to retired teachers, a sum not exceeding 
two hundred ninety-seven thousand six hundred 
fifty-two dollars and forty-five cents . . . 297,652 45 

380 For payment into the annuity fund for the period 

of the year nineteen hundred and thirty-seven, 
in accordance with certain actuarial figures, a 
sum not exceeding thirty-one thousand six hun- 
dred forty-seven dollars and forty cents . . 31,647 40 

Total $1,638,899 85 

Massachusetts Nautical School: 

381 For personal services of the secretary and office 

assistants, a sum not exceeding five thousand 

and thirty dollars $5,030 00 

382 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 dollars .... 2,100 00 

383 For the maintenance of the school and ship, a sum 

not exceeding eighty-seven thousand six hundred 

and fifty dollars 87,650 00 

Total $94,780 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 : 

384 State teachers' college at Bridgewater, a sum not 

exceeding one hundred sixty thousand one hun- 
dred and seventy dollars ..... $160,170 00 

385 State teachers' college at Bridgewater, boarding 

hall, a sum not exceeding fifty-three thousand 
nine hundred and fifty dollars .... 53,950 00 
385a For certain grading and improvement of the lower 
campus at the state teachers' college at Bridge- 
water, a sum not exceeding forty-five hundred 
dollars 4,500 00 

386 State teachers' college at Fitchburg, a sum not ex- 

ceeding one hundred eighty-one thousand two 

hundred and ninety-five dollars . . . 181,295 00 

387 State teachers' college at Fitchburg, boarding hall, 

a sum not exceeding thirty-one thousand three 

hundred dollars 31,300 00 

387a For renovation of electric wiring in certain buildings 
at the state teachers' college at Fitchburg, a sum 
not exceeding thirty-five hundred dollars . . 3,500 00 

388 State teachers' college at Framingham, a sum not 

exceeding one hundred fifty-six thousand and 

twenty dollars 156,020 00 

389 State teachers' college at Framingham, boarding 

hall, a sum not exceeding fifty-eight thousand one 

hundred and twenty dollars .... 58,120 00 

390 State teachers' college at Hyannis, a sum not ex- 

ceeding sixty-six thousand seven hundred and 
seventy-five dollars ...... 66,775 00 

391 State teachers' college at Hyannis, boarding hall, a 

sum not exceeding seventeen thousand six hun- 
dred dollars 17,600 00 



360 Acts, 1938. — Chap. 356. 

Item 

391a For rebuilding and improving certain walks and 
drives at the state teachers' college at Hyannis, 
a sum not exceeding four thousand dollars . . $4,000 00 

392 State teachers' college at Lowell, a sum not exceed- 

ing seventy-seven thousand five hundred dollars . 77,500 00 

393 State teachers' college at North Adams, a sum not 

exceeding sixty-six thousand six hundred and 

thirty-five dollars 66,635 00 

394 State teachers' college at North Adams, boarding 

hall, a sum not exceeding ten thousand eight hun- 
dred dollars 10,800 00 

395 State teachers' college at Salem, a sum not ex- 

ceeding one hundred twenty thousand three hun- 
dred and fifty dollars 120,350 00 

395a For the cost of painting the buildings of the state 
teachers' college at Salem, a sum not exceeding 
eighty-five hundred dollars .... 8,500 00 

395b For grading the athletic field at the state teachers' 
college at Salem, a sum not exceeding two thou- 
sand dollars 2,000 00 

396 State teachers' college at Westfield, a sum not ex- 

ceeding seventy-three thousand four hundred and 

five dollars 73,405 00 

397 State teachers' college at Westfield, boarding hall, 

a sum not exceeding seventeen hundred dollars . 1,700 00 

397a For replacing boilers in the training school building 
at the state teachers' college at Westfield, a sum 
not exceeding forty-five hundred dollars . . 4,500 00 

398 State teachers' college at Worcester, a sum not ex- 

ceeding ninety-eight thousand and seventy-five 

dollars 98,075 00 

399 Massachusetts School of Art, a sum not exceeding 

one hundred nine thousand one hundred dol- 
lars 109,100 00 



Total $1,309,795 00 

Textile Schools: 

400 For the maintenance of the Bradford Durfee textile 

school of Fall River, with the approval of the 
commissioner of education and the trustees, a 
sum not exceeding sixty-nine thousand two hun- 
dred and fifty 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 $69,250 00 

401 For the maintenance of the Lowell textile institute, 

with the approval of the commissioner of educa- 
tion and the trustees, a sum not exceeding one 
hundred eighty-two thousand four hundred and 
forty-five dollars, of which sum ten thousand dol- 
lars is to be assessed upon the city of Lowell as a 
part of the state tax for the current year . . 182,445 00 

401a For the purchase and installation of equipment in 
the new chemistry building at the Lowell textile 
institute, with the approval of the commissioner 
of education and the trustees, a sum not exceed- 
ing fifty thousand dollars .... 50,000 00 

402 For the maintenance of the New Bedford textile 

school, with the approval of the commissioner of 
education and the trustees, a sum not exceeding 
seventy thousand six hundred and fifty dollars, 
of which sum ten thousand dollars is to be as- 
sessed upon the city of New Bedford as a part of 
the state tax for the current year . . . 70,650 00 



Acts, 1938. — Chap. 356. 361 

Item 

402a For the purchase and installation of equipment at 
the New Bedford textile school, with the approval 
of the commissioner of education and the trustees, 
a sum not exceeding forty thousand dollars . $40,000 00 



Total $412,345 00 

Massachusetts State College: 

403 For maintenance and current expenses of the Massa- 

chusetts state college, with the approval of the 
trustees, a sum not exceeding one million one hun- 
dred tw'enty thousand six hundred and twenty 
dollars $1,120,620 00 

404 For an emergency fund to meet the needs of harvest- 

ing big crops of the control service or other un- 
foreseen conditions, which clearly indicate that 
additional revenue will be produced to equal the 
expenditure, a sum not exceeding three thousand 
dollars; provided, however, that this appropria- 
tion be available only after approval of particular 
projects covered by it has been obtained from 
the governor and council ..... 3,000 00 

405 For aid to certain students, with the approval of the 

trustees, a sum not exceeding five thousand dol- 
lars 5,000 00 

406 For the cost of field and laboratory work in connec- 

tion with the Dutch elm disease and other shade 
tree diseases and insects, a sum not exceeding 
five thousand dollars ..... 5,000 00 

407 For the cost of renovating electric wiring, a sum not 

exceeding four thousand dollars . . . 4,000 00 

408 For repairing ammonia compressor and refriger- 

ator boxes, a sum not exceeding fifteen hundred 

dollars 1,500 00 

409 For certain improvements at Draper Hall, a sum 

not exceeding twelve hundred dollars . . 1,200 00 

410 For rebuilding certain laboratory tables, a siun not 

exceeding three thousand dollars . . . 3,000 00 

411 For the purchase of supplies and services necessary 

for the completion of the Works Progress Admin- 
istration project for the women's athletic field and 
tennis courts, a sum not exceeding fifteen hundred 

dollars 1,500 00 

411a For the replacement of certain barns and other 
structures and equipment destroyed by fire, in- 
cluding necessary improvements, a sum not ex- 
ceeding twenty-five thousand dollars . . 25,000 00 



Total $1,169,820 00 

Service of the Department of Civil Service and Registration. 

Administration : 

412 For personal services of telephone operator of the 

department and for service of telephone tolls, a 
sum not exceeding eighteen hundred and fifty 
dollars $1,850 00 

Division of Civil Service: 

413 For the salaries of the commissioner and associate 

commissioners, a sum not exceeding nine thou- 
sand dollars $9,000 00 

414 For other personal services of the division, a sum not 

exceeding one hundred fifty-six thousand dollars . 156,000 00 



362 Acts, 1938. — Chap. 356. 

Item 

415 For other services and for printing the annual report, 

and for office supplies and equipment necessary 
for the administration of the civil service law, a 
sum not exceeding thirty-four thousand dollars . $34,000 00 

Total S199,000 00 

Division of Registration: 

416 For the salary of the director, a sum not